[Rev. 3/13/2024 9:51:41 AM]
κ2023 Statutes of Nevada, Page 3257κ
Assembly Bill No. 237Committee on Health and Human Services
CHAPTER 506
[Approved: June 15, 2023]
AN ACT making an appropriation to and authorizing expenditures by the Division of Health Care Financing and Policy of the Department of Health and Human Services for certain costs relating to Medicaid; 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 Division of Health Care Financing and Policy of the Department of Health and Human Services for costs related to an increase in the average daily reimbursement rate paid under Medicaid to nursing facilities to $275, effective on January 1, 2024, the following sums:
For the Fiscal Year 2023-2024................................................. $2,582,157
For the Fiscal Year 2024-2025................................................. $6,479,422
2. Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized by the Division of Health Care Financing and Policy of the Department of Health and Human Services for the same purpose as set forth in subsection 1:
For the Fiscal Year 2023-2024................................................. $8,176,770
For the Fiscal Year 2024-2025............................................... $19,491,415
3. The sums appropriated by subsection 1 are available for both Fiscal Year 2023-2024 and Fiscal Year 2024-2025 and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor.
4. 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. 2. This act becomes effective on July 1, 2023.
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κ2023 Statutes of Nevada, Page 3258κ
Assembly Bill No. 239Committee on Government Affairs
CHAPTER 507
[Approved: June 15, 2023]
AN ACT relating to governmental administration; creating the Merit Award Account in the State General Fund for purposes of funding awards to certain state employees; eliminating the limitation on awards to certain state employees from being paid from money in the State General Fund; requiring, under certain circumstances, the Advisory Council for Family Engagement to submit to certain appointing authorities a list of persons qualified for membership on the Council; revising the membership of the Committee for the Statewide Alert System; authorizing the Committee on Testing for Intoxication to study, make certain recommendations to the Director of the Department of Public Safety and take certain action relating to driving under the influence; revising the authority of the Committee to adopt certain regulations; revising the term of membership of the Chair of the Appeals Panel for Industrial Insurance; authorizing the Commissioner of Insurance to perform certain actions relating to meetings of the Appeals Panel; revising provisions relating to vacancies in the membership of the Medical Laboratory Advisory Committee; revising provisions relating to meetings of the Credit Union Advisory Council; eliminating the requirement that members of the Advisory Council receive a salary for attendance at meetings; making appropriations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Merit Award Program and requires that the Merit Award Board investigate, review and evaluate the merits of certain proposed suggestions of any state employee or group of state employees. (NRS 285.020, 285.030, 285.040) Existing law provides that an award made from the Program must, insofar as is practicable, be paid from money other than money in the State General Fund. (NRS 285.070) Section 1 of this bill creates the Merit Award Account in the State General Fund, to be administered by the Board. Section 2 of this bill eliminates the limitation on money from the State General Fund being used to pay for an award. Section 15 of this bill makes an appropriation to the Board for the purpose of funding the administration of the Board during the 2023-2025 biennium. Section 16 of this bill makes an appropriation to the Merit Award Account to provide funding for merit awards to state employees from the Program during the 2023-2025 biennium.
Existing law requires the Superintendent of Public Instruction to establish an Advisory Council for Family Engagement, composed of 11 members, that has various duties relating to parental involvement and family engagement in schools. The members of the Advisory Council are appointed by the Superintendent, Speaker of the Assembly and Majority Leader of the Senate. (NRS 385.610) Section 3 of this bill requires the Advisory Council, at least 30 days before the beginning of any members term, or within 30 days after a position on the Advisory Council becomes vacant, to submit to the relevant appointing authority the names of at least three persons who are qualified for membership on the Advisory Council.
Existing law creates the Statewide Alert System for the Safe Return of Abducted Children, which is composed of a voluntary partnership among certain law enforcement agencies and broadcasters to assist in the search for and safe return of abducted children.
κ2023 Statutes of Nevada, Page 3259 (CHAPTER 507, AB 239)κ
abducted children. (NRS 432.340) The System is overseen, supervised, evaluated, monitored and tested by the Committee for the Statewide Alert System, in consultation with the Attorney General. (NRS 432.360) The Committee consists of 15 members, including, in relevant part, 5 members who represent local law enforcement agencies, appointed by the Governor and 5 members who represent state law enforcement agencies, appointed by the Governor. (NRS 432.350) Section 4 of this bill provides instead that the Committee consists of 11 members, including, in relevant part, 3 members who represent local law enforcement agencies, appointed by the Governor from among a list of nominees from the Committee and 3 members who represent state law enforcement agencies, appointed by the Governor from among a list of nominees from the Committee.
Existing law creates the Committee on Testing for Intoxication, consisting of five members. (NRS 484C.600) The Committee has various duties relating to certifying devices that test a persons breath to determine the concentration of alcohol in the persons breath. (NRS 484C.610) Section 8 of this bill authorizes the Committee to also: (1) study and make recommendations to the Director of the Department of Public Safety regarding the best practices, technologies and methods of detecting and determining the concentration of alcohol or the presence of a controlled substance or another prohibited substance and the effect of driving under the influence of alcohol, a controlled substance or other prohibited substance; (2) determine and certify whether a device or method is accurate and reliable for the purpose of testing a sample to determine the concentration of alcohol or the presence of a controlled substance or another prohibited substance; and (3) create, maintain and make available to the public a list of those devices and methods certified by the Commission. Section 8 further provides that if a device or method has been certified by the Committee to be accurate and reliable for the purpose of testing a persons blood, urine or other sample to determine the concentration of alcohol or the presence of a controlled substance or another prohibited substance. Section 9 of this bill makes a conforming change to clarify that evidence of certain tests are not admissible in a criminal proceeding unless it is shown that the device for testing a persons breath or other sample was certified by the Committee and was calibrated, maintained and operated as provided in such regulations.
Existing law creates the Appeals Panel for Industrial Insurance, consisting of seven members, to hear certain grievances related to industrial insurance. (NRS 616B.760-616B.787) The Appeals Panel must meet at the times and places specified by a call of the Chair of the Appeals Panel, and the Chair must: (1) schedule meetings and hearings of the Appeals Panel; (2) establish the agenda for each such meeting and hearing; and (3) ensure that such meetings are conducted in an efficient manner. (NRS 616B.765, 616B.767) Sections 11 and 12 of this bill provide instead that the Chair or Commissioner of Insurance is required to carry out these duties.
Existing law creates the Medical Laboratory Advisory Committee to advise the State Board of Health on matters of policy concerning medical laboratories, qualifications of laboratory directors and personnel and certain other matters. The Board is required to appoint various persons to the Advisory Committee. (NRS 652.030, 652.160, 652.170) Section 13 of this bill: (1) provides that if a vacancy in the membership of the Advisory Committee occurs, the Advisory Committee is required to submit a letter to the Board with a recommendation to fill the existing vacancy; and (2) requires the Advisory Committee to determine at least once per year whether any vacancy in its membership exists. Section 13 also requires the Advisory Committee to meet at least once every year.
Existing law creates the Credit Union Advisory Council, consisting of five members appointed by the Governor, to consult with, advise and make recommendations to the Commissioner of Financial Institutions in all matters pertaining to credit unions. (NRS 672.061, 672.290) Section 14 of this bill: (1) clarifies that the Advisory Council may meet at least once every 6 months; and (2) eliminates the existing provision that council members are entitled to receive a certain salary for attendance at meetings.
κ2023 Statutes of Nevada, Page 3260 (CHAPTER 507, AB 239)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 285 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Merit Award Account is hereby created in the State General Fund.
2. The Board shall administer the Merit Award Account.
3. The money in the Merit Award Account may be expended only for the purposes of the Merit Award Program established by NRS 285.020.
4. The interest and income earned on the money in the Merit Award Account must be credited to the Account.
5. The balance remaining in the Merit Award Account that has not been committed for expenditure on or before June 30 of an odd-numbered year reverts to the State General Fund.
Sec. 2. NRS 285.070 is hereby amended to read as follows:
285.070 1. Except as otherwise provided in this section, after reviewing and evaluating an employee suggestion, the Board, in consultation with the Budget Division of the Office of Finance, may make an award to the state employee or to each state employee of a group of state employees who submitted the employee suggestion.
2. If the amount of a proposed award will exceed $5,000, the award must be approved by the Interim Finance Committee. On a quarterly basis, the Board shall transmit any proposed awards that exceed $5,000 to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee. In acting upon such an award, the Interim Finance Committee shall consider, among other things:
(a) The reduction, elimination or avoidance of state expenditures or any improvement in the operation of the State Government made possible by the employee suggestion; and
(b) The intent of the Legislature in enacting this chapter.
3. An award made pursuant to this section may not exceed:
(a) Ten percent of the amount of any actual savings to the State, as determined at the end of the second fiscal year after the adoption of the employee suggestion; or
(b) A total of $25,000,
Κ whichever is less, whether distributed to an individual employee or to a group of state employees who submitted the employee suggestion.
4. Awards to employees arising out of adopted employee suggestions must, [insofar as is practicable,] be paid from money [other than money] in the [State General Fund.] Merit Award Account created by section 1 of this act.
5. The total amount of an award made pursuant to this section must be paid in two equal installments. The first installment must be paid not later than 90 days after the end of the fiscal year during which the State realized a reduction, elimination or avoidance of state expenditures or any improvement in the operation of State Government as a result of the adoption of the employee suggestion. The second installment must be paid not later than 90 days after the end of the fiscal year immediately following the fiscal year during which the first installment was paid.
κ2023 Statutes of Nevada, Page 3261 (CHAPTER 507, AB 239)κ
6. A former state employee is eligible to receive an award pursuant to this section if the person was a state employee at the time he or she submitted an employee suggestion, or was a member of a group of state employees who submitted an employee suggestion, that is subsequently adopted.
7. An award may not be made for an employee suggestion pursuant to this section until the State has realized a reduction, elimination or avoidance of state expenditures or any improvement in the operation of the State Government as a result of the adopted employee suggestion.
8. Any actual savings to the State resulting from the adoption of an employee suggestion that remains after an award is made pursuant to this section must be distributed as follows:
(a) Fifty percent must be transferred to the State General Fund; and
(b) After a revision to the appropriate work program pursuant to NRS 353.220, the remaining balance must be used by the state agency that employs the state employee or the group of state employees who submitted the employee suggestion for one-time, nonoperational expenses which do not require ongoing maintenance, including, without limitation, training and equipment.
Sec. 3. NRS 385.610 is hereby amended to read as follows:
385.610 1. The Superintendent of Public Instruction shall establish an Advisory Council for Family Engagement. The Advisory Council is composed of 11 members.
2. The Superintendent of Public Instruction shall appoint the following members to the Advisory Council:
(a) Two parents or legal guardians of pupils enrolled in public schools;
(b) Two teachers in public schools;
(c) One administrator of a public school;
(d) One representative of a private business or industry;
(e) One member of the board of trustees of a school district in a county whose population is 100,000 or more;
(f) One member of the board of trustees of a school district in a county whose population is less than 100,000; and
(g) One member who is the President of the Board of Managers of the Nevada Parent Teacher Association or its successor organization, or a designee nominated by the President.
Κ The Superintendent of Public Instruction shall, to the extent practicable, ensure that the members the Superintendent appoints to the Advisory Council reflect the ethnic, economic and geographic diversity of this State.
3. The Speaker of the Assembly shall appoint one member of the Assembly to the Advisory Council.
4. The Majority Leader of the Senate shall appoint one member of the Senate to the Advisory Council.
5. The Advisory Council shall elect a Chair and Vice Chair from among its members. The Chair and Vice Chair serve a term of 1 year.
6. After the initial terms:
(a) The term of each member of the Advisory Council who is appointed by the Superintendent of Public Instruction is 3 years.
(b) The term of each member of the Advisory Council who is appointed by the Speaker of the Assembly and the Majority Leader of the Senate is 2 years.
κ2023 Statutes of Nevada, Page 3262 (CHAPTER 507, AB 239)κ
7. The Advisory Council shall, at least 30 days before the beginning of any members term, or within 30 days after a position on the Advisory Council becomes vacant, submit to the relevant appointing authority, as set forth in subsection 2, 3 or 4, as applicable, the names of at least three persons qualified for membership on the Advisory Council.
8. The Department shall provide:
(a) Administrative support to the Advisory Council; and
(b) All information that is necessary for the Advisory Council to carry out its duties.
[8.] 9. For each day or portion of a day during which a member of the Advisory Council who is a Legislator attends a meeting of the Advisory Council or is otherwise engaged in the business of the Advisory Council, except during a regular or special session of the Legislature, the member is entitled to receive the:
(a) Compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session;
(b) Per diem allowance provided for state officers generally; and
(c) Travel expenses provided pursuant to NRS 218A.655.
Κ The compensation, per diem allowances and travel expenses of the legislative members of the Advisory Council must be paid from the Legislative Fund.
[9.] 10. A member of the Advisory Council who is not a Legislator is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally for each day or portion of a day during which the member attends a meeting of the Advisory Council or is otherwise engaged in the business of the Advisory Council. The per diem allowance and travel expenses for the members of the Advisory Council who are not Legislators must be paid by the Department.
[10.] 11. Any costs associated with employing a substitute teacher while a member of the Advisory Council who is a teacher attends a meeting of the Advisory Council must be paid by the school district or charter school that employs the member.
Sec. 4. NRS 432.350 is hereby amended to read as follows:
432.350 1. There is hereby created the Committee for the Statewide Alert System consisting of [15] 11 members as follows:
(a) [Five] Three members [appointed by the Governor] who represent local law enforcement agencies [;] , appointed by the Governor from among the names of nominees provided to the Governor pursuant to subsection 5;
(b) [Five] Three members [appointed by the Governor] who represent state law enforcement agencies [;] , appointed by the Governor from among the names of nominees provided to the Governor pursuant to subsection 5;
(c) One representative of this States Emergency Alert System, appointed by the Nevada Broadcasters Association or its successor;
(d) One representative of the Nevada Broadcasters Association or its successor, appointed by that Association;
(e) One representative of the Department of Transportation, appointed by the Director of the Department of Transportation;
(f) The Advocate for Missing or Exploited Children, appointed pursuant to NRS 432.157; and
κ2023 Statutes of Nevada, Page 3263 (CHAPTER 507, AB 239)κ
(g) One representative of the public at large, appointed by the Governor from among the names of nominees provided to the Governor pursuant to subsection 5.
2. The Governor shall select a Chair and Vice Chair of the Committee.
3. After the initial terms, each member of the Committee serves a term of 3 years. A vacancy on the Committee must be filled in the same manner as the original appointment.
4. Members of the Committee serve without salary or compensation, except that, while engaged in the business of the Committee, each member who is not an officer or employee of the State may receive the per diem allowance and travel expenses provided for state officers and employees generally, to the extent that money is available in the Account for that purpose.
5. The Committee shall, at least 30 days before the beginning of the term of any member appointed pursuant to paragraph (a), (b) or (g) of subsection 1, or within 30 days after such a position on the Committee becomes vacant, submit to the Governor the names of at least three persons qualified for membership on the Committee pursuant to paragraph (a), (b) or (g) , as applicable, of subsection 1. In making a list of names, the Committee shall provide nominees who represent the demographic diversity of this State. The Governor shall appoint a new member or fill the vacancy from the list, or request a new list. The Governor may appoint any qualified person who is a resident of this State to the position described in paragraph (g) of subsection 1.
Secs. 5-7. (Deleted by amendment.)
Sec. 8. NRS 484C.640 is hereby amended to read as follows:
484C.640 1. The Committee on Testing for Intoxication may [adopt] :
(a) Study and make recommendations to the Director of the Department of Public Safety regarding the best practices, technologies and methods of detecting and determining the concentration of alcohol or the presence of a controlled substance or another prohibited substance and the effect of driving under the influence of alcohol, a controlled substance or another prohibited substance;
(b) Determine and certify whether a device or method is accurate and reliable for the purpose of testing a persons blood, urine or other sample to determine the concentration of alcohol or the presence of a controlled substance or another prohibited substance;
(c) Create, maintain and make available to the public, free of charge, a list of those devices or methods certified by the Committee;
(d) Adopt regulations that [require:
(a) The] :
(1) Require the calibration or verification of devices or methods which are used to test a persons blood , [or] urine or other sample to determine the concentration of alcohol or the presence of a controlled substance or another prohibited substance in the persons blood , [or] urine [;] or other sample;
κ2023 Statutes of Nevada, Page 3264 (CHAPTER 507, AB 239)κ
[(b) The]
(2) Require the certification of persons who make those calibrations [;] or verifications;
[(c) The]
(3) Require the certification of persons who operate devices or methods for testing a persons blood , [or] urine or other sample to determine the concentration of alcohol or presence of a controlled substance or another prohibited substance in the persons blood , [or] urine [; and] or other sample;
[(d) The]
(4) Require the certification of persons who examine those operators [.] ; and
[2. The Committee may adopt regulations that prescribe]
(5) Prescribe the essential procedures for the proper operation of the various types of devices [used] or methods to test a persons blood , [or] urine or other sample to determine the concentration of alcohol or the presence of a controlled substance or another prohibited substance in the persons blood , [or] urine [.] or other sample.
2. If a device or method has been certified by the Committee to be accurate and reliable pursuant to this section, it is presumed that the device or method is accurate and reliable for the purpose of testing a persons blood, urine or other sample to determine the concentration of alcohol or the presence of a controlled substance or another prohibited substance.
3. This section does not preclude the admission of evidence of the concentration of alcohol or the presence of a controlled substance or another prohibited substance in a persons blood, urine or other sample where the information is obtained through the use of a device or method other than one certified by the Committee.
Sec. 9. NRS 488.480 is hereby amended to read as follows:
488.480 1. If a person refuses to submit to a required chemical test provided for in NRS 488.450 or 488.460, evidence of that refusal is admissible in any criminal action arising out of acts alleged to have been committed while the person was:
(a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or
(b) Engaging in any other conduct prohibited by NRS 488.410, 488.420 or 488.425.
2. Except as otherwise provided in subsection 3 of NRS 488.450, a court may not exclude evidence of a required test or failure to submit to such a test if the peace officer or other person substantially complied with the provisions of NRS 488.450 to 488.500, inclusive.
3. If a person submits to a chemical test provided for in NRS 488.450 or 488.460, full information concerning that test must be made available, upon request, to the person or the persons attorney.
4. Evidence of a required test is not admissible in a criminal proceeding unless it is shown by documentary or other evidence that the device for testing a persons breath or other sample was certified pursuant to NRS 484C.610 or 484C.640, as applicable, and was calibrated, maintained and operated as provided by the regulations of the Committee on Testing for Intoxication adopted pursuant to NRS 484C.620, 484C.630 or 484C.640.
κ2023 Statutes of Nevada, Page 3265 (CHAPTER 507, AB 239)κ
5. If the device for testing a persons breath or other sample has been certified by the Committee on Testing for Intoxication to be accurate and reliable pursuant to NRS 484C.610 [,] or 484C.640, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a persons breath or other sample to determine the concentration of alcohol , a controlled substance or another prohibited substance in the persons breath [.] or other sample.
6. A court shall take judicial notice of the certification by the Director of a person to operate testing devices of one of the certified types. If a test to determine the amount of alcohol a controlled substance or another prohibited substance in a persons breath or other sample has been performed with a certified type of device by a person who is certified pursuant to NRS 484C.630 or 484C.640, it is presumed that the person operated the device properly.
7. This section does not preclude the admission of evidence of a test of a persons breath or other sample where the:
(a) Information is obtained through the use of a device other than one of a type certified by the Committee on Testing for Intoxication.
(b) Test has been performed by a person other than one who is certified by the Director.
8. As used in this section, Director means the Director of the Department of Public Safety.
Sec. 10. NRS 616B.762 is hereby amended to read as follows:
616B.762 1. [At its first meeting of each year, the] The Appeals Panel shall elect a Chair from among its members.
2. The Chair shall hold office for 1 year [.] and until his or her successor is elected.
3. If a vacancy occurs in the office of the Chair, the members of the Panel shall elect a Chair from among its members for the remainder of the unexpired term of the Chair.
[4. Unless the members agree unanimously to a different date, the first meeting of each year must be as soon as practicable after July 1.]
Sec. 11. NRS 616B.765 is hereby amended to read as follows:
616B.765 1. The Chair of the Appeals Panel or the Commissioner shall:
(a) Schedule the time and place of the meetings and hearings of the Appeals Panel;
(b) Establish the agenda for each meeting and hearing of the Appeals Panel; and
(c) Ensure that the meetings of the Appeals Panel are conducted in an efficient manner.
2. The Chair of the Appeals Panel may appoint from the membership of the Appeals Panel a secretary to whom the Chair may delegate his or her administrative functions.
Sec. 12. NRS 616B.767 is hereby amended to read as follows:
616B.767 1. The Appeals Panel shall meet at the times and places specified by a call of the Chair [.] or the Commissioner.
2. Four members of the Appeals Panel constitute a quorum to transact all business, and a majority of those present must concur on any decision.
κ2023 Statutes of Nevada, Page 3266 (CHAPTER 507, AB 239)κ
Sec. 13. NRS 652.170 is hereby amended to read as follows:
652.170 1. The Board shall appoint the members of the Medical Laboratory Advisory Committee.
2. After the initial terms, members shall serve for 3-year terms.
3. A member may not serve for more than two consecutive terms. Service of 2 or more years in filling an unexpired term constitutes a term.
4. The Advisory Committee is composed of:
(a) Two pathologists, certified in clinical pathology by the American Board of Pathology.
(b) Two medical technologists.
(c) One bioanalyst who is a laboratory director.
(d) One qualified biochemist from the Nevada System of Higher Education.
(e) One licensed physician actively engaged in the practice of clinical medicine in this State.
5. No member of the Advisory Committee may have any financial or business arrangement with any other member which pertains to the business of laboratory analysis.
6. The Chief Medical Officer or a designated representative of the Chief Medical Officer is an ex officio member of the Advisory Committee.
7. If a vacancy occurs in the membership of the Advisory Committee, the Advisory Committee shall submit a letter to the Board with a recommendation to fill the existing vacancy. The Advisory Committee shall, at least once per year, determine whether any vacancy in the membership of the Advisory Committee exists.
8. The Advisory Committee shall meet at least once every year.
9. Each member of the Advisory Committee is entitled to receive:
(a) A salary of not more than $60, as fixed by the Board, for each days attendance at a meeting of the Committee; and
(b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Committee. The rate must not exceed the rate provided for state officers and employees generally.
[8.] 10. While engaged in the business of the Committee, each employee of the Committee is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.
Sec. 14. NRS 672.290 is hereby amended to read as follows:
672.290 1. The Credit Union Advisory Council, consisting of five members appointed by the Governor, is hereby created to consult with, advise and make recommendations to the Commissioner in all matters pertaining to credit unions.
2. The Governor shall appoint members who have tested credit union experience from a list of recommended names submitted by the Nevada Credit Union League.
3. After the initial terms, members serve terms of 4 years, except when appointed to fill unexpired terms.
4. The Chair of the Advisory Council must be elected annually by and from the members thereof.
κ2023 Statutes of Nevada, Page 3267 (CHAPTER 507, AB 239)κ
5. The meetings of the Advisory Council may be held at such times and places as the Chair or Commissioner determines and may [be held regularly] meet at least once every 6 months.
[6. Council members are entitled to receive a salary of $60 for each days attendance at a meeting of the Council.]
Sec. 15. 1. There is hereby appropriated from the State General Fund to the Merit Award Board described in NRS 285.030 the sum of $3,000 for the purpose of funding the administration of the Board during the 2023-2025 biennium.
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. 16. 1. There is hereby appropriated from the State General Fund to the Merit Award Account created by section 1 of this act the sum of $25,000 for the purpose of providing merit awards during the 2023-2025 biennium pursuant to the Merit Award Program established by NRS 285.020.
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. 17. 1. This section and sections 1, 15 and 16 of this act become effective upon passage and approval.
2. Sections 6 to 9, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
3. Sections 2 to 5, inclusive, 10 to 14, inclusive, of this act become effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 3268κ
Assembly Bill No. 216Assemblywoman Gorelow
CHAPTER 508
[Approved: June 15, 2023]
AN ACT relating to insurance; repealing, reenacting, reorganizing and revising various provisions relating to travel insurance; authorizing the Commissioner of Insurance to adopt regulations relating to travel insurance; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Commissioner of Insurance to license producers of limited lines travel insurance to sell, solicit or negotiate travel insurance. (NRS 683A.265) Existing law sets forth various requirements and restrictions relating to producers of limited lines travel insurance and travel retailers who offer and disseminate travel insurance on behalf of a producer of limited lines travel insurance. (NRS 683A.193-683A.199, 683A.242, 683A.368-683A.3695) Section 49 of this bill repeals the provisions of existing law governing producers of limited lines travel insurance and travel retailers. Sections 2-36 of this bill reenact, reorganize and revise those provisions into a new chapter of the Nevada Revised Statutes governing travel insurance for the purpose of conforming more closely to the Travel Insurance Model Act adopted by the National Association of Insurance Commissioners. Sections 3-19 define words and terms for the purposes of this bill. Section 20 sets forth the applicability of this bill.
Section 21 authorizes the Commissioner to issue a license as a producer of limited lines travel insurance to a person who has filed an application with the Commissioner.
With certain exceptions, existing law prohibits a person from selling, soliciting or negotiating insurance for any class of insurance unless the person is licensed for that class of insurance. (NRS 683A.201) Existing law prohibits a producer of insurance from acting as an agent unless he or she is appointed as an agent by the insurer. (NRS 683A.321) Section 29 authorizes a producer of insurance licensed for life insurance, accident and health insurance, property insurance, casualty insurance, variable annuities and variable life insurance or personal lines to act as a producer of limited lines travel insurance and sell, solicit or negotiate travel insurance. Sections 29 and 41 of this bill provide that a producer of insurance who is licensed for property insurance and casualty insurance is not required to be appointed by an insurer to act as a producer of limited lines travel insurance and sell, solicit or negotiate travel insurance.
Section 22 authorizes a travel retailer to offer and disseminate travel insurance under the license of a producer of limited lines travel insurance under certain conditions. Section 23 requires a producer of limited lines travel insurance to establish and maintain a register of each travel retailer that offers and disseminates travel insurance on behalf of the producer of limited lines travel insurance. Section 24 requires a travel retailer to make available to each prospective purchaser of travel insurance certain written materials. Section 25 prohibits a travel retailer from engaging in certain activities. Sections 26 and 42 of this bill authorize a travel retailer to receive compensation relating to his or her activities authorized by the provisions of this bill. Section 28 makes a producer of limited lines travel insurance responsible for the acts of a travel retailer who offers and disseminates travel insurance under the license of the producer of limited lines travel insurance. Section 27 makes a producer of limited lines travel insurance and a travel retailer subject to: (1) disciplinary action in the same manner as a producer of insurance; and (2) the provisions of existing law governing insurance trade practices and fraud.
κ2023 Statutes of Nevada, Page 3269 (CHAPTER 508, AB 216)κ
Section 18 defines travel protection plan to mean a product that provides: (1) travel insurance; (2) travel assistance services; (3) a cancellation fee waiver; or (4) any combination of those items. Section 30: (1) authorizes a travel protection plan to be offered for one price for the combined items of the plan if certain conditions are met; and (2) provides that a purchaser of a travel protection plan who cancels the plan is entitled to a full refund under certain circumstances.
Section 31 requires: (1) all documents provided to a prospective purchaser of travel insurance to be consistent with the policy of travel insurance itself; and (2) certain information to be provided to a purchaser or prospective purchaser of travel insurance. Sections 32 and 33 set forth certain authorized and prohibited practices in the sale and marketing of travel insurance.
Section 15 defines travel administrator as a person who directly or indirectly underwrites, collects charges, collateral or premiums from or adjusts or settles claims of residents of this State in connection with travel insurance. Section 34 prohibits a person from acting as a travel administrator unless the person holds: (1) a license as a producer of insurance for a property insurance or casualty insurance line of authority; (2) a license as a managing general agent; or (3) a certificate of registration as an administrator. Section 43 of this bill excludes a travel administrator and the employees of a travel administrator from the definition of adjuster, thereby exempting those persons from the licensing requirements applicable to an adjuster.
Under existing law, authorized insurers and certain rate service organizations are required to file with the Commissioner all rates and proposed increases thereto, as well as the forms of policies to which the rates apply, certain supplementary rate information and any changes or amendments to the rates. (NRS 686B.070) Existing regulations require an insurer to annually submit to a statistical agent designated by the Commissioner certain information concerning certain lines of insurance, including, among others, an inland marine line of insurance. (NAC 686B.365) Section 35 provides that, for the purposes of such filings, with certain exceptions, travel insurance is required to be classified and filed as an inland marine line of insurance. Section 35 also authorizes an insurer to establish and use certain eligibility and underwriting standards. Section 36 authorizes the Commissioner to adopt regulations to carry out the provisions of this bill.
Existing law requires an insurer to pay a tax upon his or her direct premiums and net direct considerations at the rate of 3.5 percent. (NRS 680B.027) Section 37 of this bill specifies the premiums concerning travel insurance to which the tax applies. Sections 38 and 39 of this bill make conforming changes to indicate the proper placement of section 37 in the Nevada Revised Statutes.
Section 40 of this bill makes a conforming change to account for the repeal of the definition of travel insurance in section 49 and the reenactment of a revised definition of travel insurance in section 17.
Existing law prohibits a person from engaging in any practice that is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. (NRS 686A.020) Section 44 of this bill provides that it is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to: (1) offer or sell a policy that could never result in payment of any claims; or (2) market blanket travel insurance as free. Sections 45-47 of this bill make conforming changes to indicate the proper placement of section 44 in the Nevada Revised Statutes.
κ2023 Statutes of Nevada, Page 3270 (CHAPTER 508, AB 216)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 57 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 36, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 19, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. Aggregator site means an Internet website that provides access to information regarding insurance products from more than one insurer, including, without limitation, information about the insurance products and the insurers offering the insurance products, for use in comparison shopping.
Sec. 4. Blanket travel insurance means a policy of group travel insurance issued to an eligible group that provides coverage for all members of the eligible group or for specific classes within the eligible group defined in the policy with coverage provided to all members of the eligible group or specific class without a separate charge to any individual member of the eligible group or specific class.
Sec. 5. Cancellation fee waiver means a contractual arrangement between a supplier of travel services and a purchaser of such services to waive any provision of the underlying contract for travel services which imposes a nonrefundable cancellation fee, with or without regard to the reason for the cancellation or the form of reimbursement.
Sec. 6. Eligible group means two or more persons who are engaged in a common enterprise or have an economic, educational or social affinity or relationship, including, without limitation:
1. An entity engaged in the business of providing travel or travel services if, with regard to any particular travel or type of travel or travelers, all members or customers of the entity have a common exposure to the risk attendant to such travel. For the purposes of this subsection, entity engaged in the business of providing travel or travel services includes, without limitation, a tour operator, lodging provider, vacation property owner, hotel, resort, travel club, travel agency, property manager, cultural exchange program and common carrier or operator, owner or lessor of a means of transportation of passengers, including, without limitation, an airline, cruise line, railroad, steamship company and public bus carrier.
2. A college, school or other institution of learning obtaining travel insurance coverage for any group of students, teachers, employees or volunteers.
3. An employer obtaining travel insurance coverage for any group of employees, volunteers, contractors, board of directors, dependents or guests.
4. A sports team, camp or sponsor of a sports team or camp obtaining travel insurance coverage for any group of participants, members, campers, employees, officials, supervisors or volunteers.
5. A religious, charitable, recreational, educational or civic organization, or a branch of such an organization, obtaining travel insurance coverage for any group of members, participants or volunteers.
κ2023 Statutes of Nevada, Page 3271 (CHAPTER 508, AB 216)κ
6. A financial institution, vendor of a financial institution, or a parent holding company, trustee, agent of or designated by a financial institution or vendor of a financial institution, including, without limitation, an accountholder, credit card holder, debtor, guarantor or purchaser.
7. An incorporated or unincorporated association, including, without limitation, a labor union, that has a common interest, constitution and bylaws and is organized and maintained in good faith for purposes other than obtaining insurance for its members or participants, obtaining travel insurance coverage for any group of its members or participants.
8. Subject to the approval of the Commissioner for the use of a trust and the provisions of section 37 of this act, a trust or the trustees of a fund established, created or maintained for the benefit of the members, employees or customers of one or more associations described in subsection 7.
9. An entertainment production company obtaining travel insurance coverage for any group of participants, volunteers, audience members, contestants or workers.
10. A volunteer fire department, entity providing emergency medical services, police department or court.
11. A first aid, civil defense or similar volunteer group.
12. A preschool, daycare center for children or adults or club for senior citizens.
13. An entity engaged in the business of renting or leasing motor vehicles, which shall be deemed the policyholder for a policy of travel insurance to which this subsection applies, obtaining travel insurance coverage for any group of persons who may become renters, lessees or passengers defined by the travel status of the group on the rented or leased vehicles.
14. Any other group for which the Commissioner has determined that:
(a) The members of the group are engaged in a common enterprise, or have an economic, educational or social affinity or relationship; and
(b) The issuance of a policy of travel insurance to the group is not contrary to the public interest.
Sec. 7. Fulfillment materials means documentation provided or sent to the purchaser of a travel protection plan that confirms the purchase of the plan and provides information regarding the travel insurance coverage, travel assistance services and cancellation fee waivers, as applicable.
Sec. 8. Group travel insurance means travel insurance issued to any eligible group.
Sec. 9. Home state has the meaning ascribed to it in NRS 683A.041.
Sec. 10. Negotiate has the meaning ascribed to it in NRS 683A.065.
Sec. 11. Offer and disseminate means the provision of general information, including, without limitation, a description of coverage and price, as well as the processing of applications and the collection of premiums.
Sec. 12. Producer of limited lines travel insurance means a person licensed pursuant to section 21 of this act who is authorized by an insurer to solicit travel insurance either directly or through a travel retailer.
κ2023 Statutes of Nevada, Page 3272 (CHAPTER 508, AB 216)κ
Sec. 13. Sell has the meaning ascribed to it in NRS 683A.072.
Sec. 14. Solicit has the meaning ascribed to it in NRS 683A.074.
Sec. 15. 1. Travel administrator means a person who directly or indirectly underwrites, collects charges, collateral or premiums from or adjusts or settles claims of, residents of this State in connection with travel insurance.
2. The term does not include:
(a) A person working for a travel administrator to the extent that the activities of the person are subject to the supervision and control of the travel administrator.
(b) A licensed producer of insurance selling insurance or engaged in administrative activities and activities relating to claims that are within the scope of his or her license.
(c) A travel retailer who is listed on the register maintained by a producer of limited lines travel insurance pursuant to section 23 of this act and who offers and disseminates travel insurance under the license of a producer of limited lines travel insurance in accordance with the provisions of this chapter.
(d) A person adjusting or settling claims in the normal course of his or her practice or employment as an attorney who does not collect charges or premiums in connection with travel insurance coverage.
(e) A person who is affiliated with a licensed insurer while acting as a travel administrator for the direct and assumed insurance business of the insurer.
Sec. 16. 1. Travel assistance services means services that are furnished in connection with planned travel, the provision of which does not result in the transfer or shifting of risk that would constitute the business of insurance, and for which the purchaser is not indemnified based on a fortuitous event.
2. The term includes, without limitation, security advisories, destination information, vaccination and immunization information services, travel reservation services, entertainment, activity and event planning, translation assistance, emergency messaging, international legal and medical referrals, medical case monitoring, coordination of transportation arrangements, emergency cash transfer assistance, medical prescription replacement assistance, passport and travel document replacement assistance, lost luggage assistance, concierge services and any other service furnished in connection with planned travel that meets the conditions set forth in subsection 1.
Sec. 17. 1. Travel insurance means insurance coverage for personal risks incident to planned travel, including, without limitation:
(a) Interruption or cancellation of a trip or event;
(b) Loss of baggage or personal effects;
(c) Damages to accommodations or rental vehicles;
(d) Sickness, accident, disability or death occurring during travel;
(e) Emergency evacuation;
(f) Repatriation of remains; or
(g) Any other contractual obligation to indemnify or pay a specified amount to the traveler upon determinable contingencies related to travel that is approved by the Commissioner.
2. The term does not include:
(a) Travel assistance services;
(b) A cancellation fee waiver;
κ2023 Statutes of Nevada, Page 3273 (CHAPTER 508, AB 216)κ
(c) A major medical plan that provides comprehensive medical protection for a traveler on a trip lasting longer than 6 months, including, without limitation, a traveler who is working or residing overseas as an expatriate; or
(d) Any other product that a person is prohibited from selling, soliciting or negotiating unless the person holds a specific license as a producer of insurance.
Sec. 18. Travel protection plan means a product that provides:
1. Travel insurance;
2. Travel assistance services;
3. A cancellation fee waiver; or
4. Any combination of the items described in subsections 1, 2 and 3.
Sec. 19. Travel retailer means a person that makes, arranges or offers travel services and, as a service to the customers of the person, may offer and disseminate travel insurance on behalf of, and under the direction of, a producer of limited lines travel insurance.
Sec. 20. 1. The provisions of this chapter apply to:
(a) Travel insurance that covers any resident of this State and is sold, solicited, negotiated or offered in this State; and
(b) Policies and certificates of travel insurance that are delivered or issued for delivery in this State.
2. A cancellation fee waiver or travel assistance services do not constitute insurance and, except as otherwise expressly provided in this chapter, the provisions of this chapter do not apply to a cancellation fee waiver or travel assistance services.
Sec. 21. 1. Except as otherwise provided in section 29 of this act, a person shall not act as a producer of limited lines travel insurance unless the person is licensed pursuant to this section.
2. In accordance with the provisions of NRS 683A.201 to 683A.370, inclusive, the Commissioner may issue a license as a producer of limited lines travel insurance to a person who has filed an application with the Commissioner.
3. A license issued pursuant to this section authorizes the holder of the license to sell, solicit or negotiate travel insurance on behalf of a licensed insurer.
Sec. 22. 1. A person shall not act as a travel retailer unless the person is listed on the register maintained by a producer of limited lines travel insurance pursuant to section 23 of this act.
2. A travel retailer may offer and disseminate travel insurance under the license of a producer of limited lines travel insurance issued pursuant to section 21 of this act if the following conditions are met:
(a) The producer of limited lines travel insurance or travel retailer provides to each purchaser of travel insurance:
(1) A description of the material terms, or the actual material terms, of the travel insurance coverage;
(2) A description of the process for filing a claim;
(3) A description of the review or cancellation process for the policy of travel insurance; and
(4) The identity and contact information of the insurer and the producer of limited lines travel insurance;
κ2023 Statutes of Nevada, Page 3274 (CHAPTER 508, AB 216)κ
(b) The travel retailer is listed on the register maintained by the producer of limited lines travel insurance pursuant to section 23 of this act;
(c) The producer of limited lines travel insurance has designated a natural person who is employed by the producer of limited lines travel insurance and who is a licensed producer of insurance to be responsible for the compliance of the producer of limited lines travel insurance with the provisions of this title and any rules and regulations adopted pursuant thereto;
(d) The person designated pursuant to paragraph (c), the officers of the producer of limited lines travel insurance and any other person who directs or controls the insurance operations of the producer of limited lines travel insurance have complied with any requirements relating to fingerprinting which are applicable to producers of insurance in the home state of the producer of limited lines travel insurance;
(e) The producer of limited lines travel insurance has paid all licensing fees applicable to a producer of insurance pursuant to chapter 683A of NRS; and
(f) The producer of limited lines travel insurance requires each employee and authorized representative of the travel retailer whose duties include offering and disseminating travel insurance to receive a program of instruction or training.
3. A program of instruction or training described in paragraph (f) of subsection 2 is subject to review and approval by the Commissioner. The training materials provided as part of such a program must, at a minimum, contain adequate instructions on the types of travel insurance offered, ethical sales practices and required disclosures to prospective purchasers.
Sec. 23. 1. Each producer of limited lines travel insurance shall, at the time of licensure, establish and maintain a register, on a form and in a manner prescribed by the Commissioner, which includes a list of each travel retailer that offers and disseminates travel insurance on behalf of the producer of limited lines travel insurance. The register must include, without limitation:
(a) The name, address and contact information of the travel retailer;
(b) The name, address and contact information of an officer or person who directs or controls the operations of the travel retailer; and
(c) The federal tax identification number of the travel retailer.
2. The producer of limited lines travel insurance shall:
(a) Maintain and regularly update the register; and
(b) Submit a copy of the register to the Commissioner upon reasonable request.
3. A producer of limited lines travel insurance shall certify that each travel retailer listed on the register complies with the provisions of 18 U.S.C. § 1033.
Sec. 24. A travel retailer who offers and disseminates travel insurance shall make available to each prospective purchaser a brochure or other written material that has been approved by the insurer providing the travel insurance and which, at a minimum:
1. Provides the identity and contact information of the insurer and the producer of limited lines travel insurance;
2. Explains that the purchase of travel insurance is not required in order to purchase any other product or service of the travel retailer; and
κ2023 Statutes of Nevada, Page 3275 (CHAPTER 508, AB 216)κ
3. Explains that a travel retailer who is not a licensed producer of insurance may provide only general information about the travel insurance offered by the travel retailer, including a description of the coverage and price, but is not qualified or authorized to answer technical questions about the terms and conditions of the travel insurance offered by the travel retailer or evaluate the adequacy of any existing insurance coverage that the prospective purchaser may have.
Sec. 25. A travel retailer, or any employee or authorized representative of the travel retailer, who is not a licensed producer of insurance shall not:
1. Evaluate or interpret technical terms, benefits and conditions of any travel insurance coverage offered by the travel retailer;
2. Evaluate, provide advice or render an opinion concerning any existing insurance coverage of a prospective purchaser; or
3. Hold himself or herself out as a licensed insurer, licensed producer of insurance or insurance expert.
Sec. 26. A travel retailer who is listed on the register maintained by a producer of limited lines travel insurance pursuant to section 23 of this act and who limits his or her activities and those of his or her employees or authorized representatives to offering and disseminating travel insurance on behalf of and under the direction of the producer of limited lines travel insurance in accordance with the provisions of this chapter is entitled to receive compensation relating to those activities.
Sec. 27. A producer of limited lines travel insurance and each travel retailer who offers or disseminates travel insurance under the license of a producer of limited lines travel insurance is subject to the provisions of NRS 683A.451 to 683A.520, inclusive, and chapter 686A of NRS.
Sec. 28. A producer of limited lines travel insurance is responsible for the acts of a travel retailer who offers and disseminates travel insurance under the license of the producer of limited lines travel insurance and shall use reasonable means to ensure compliance by the travel retailer with the provisions of this chapter and the regulations adopted pursuant thereto.
Sec. 29. 1. A producer of insurance who is licensed for a line of authority specified in paragraphs (a) to (e), inclusive, or (g) of subsection 1 of NRS 683A.261 may act as a producer of limited lines travel insurance and sell, solicit or negotiate travel insurance pursuant to this chapter without obtaining a license as a producer of limited lines travel insurance issued pursuant to section 21 of this act.
2. A producer of insurance who is licensed for the lines of authority specified in paragraphs (c) and (d) of subsection 1 of NRS 683A.261 is not required to be appointed by an insurer to act as a producer of limited lines travel insurance and sell, solicit or negotiate travel insurance pursuant to this chapter.
Sec. 30. 1. A travel protection plan that provides any combination of travel insurance, travel assistance services or cancellation fee waivers may be offered in this State for one price for the combined items if:
(a) At or before the time of purchase:
(1) The travel protection plan clearly discloses to the purchaser or prospective purchaser that the plan includes travel insurance, travel assistance services and cancellation fee waivers, as applicable; and
κ2023 Statutes of Nevada, Page 3276 (CHAPTER 508, AB 216)κ
(2) The purchaser or prospective purchaser is provided with information regarding the items included in the plan and an opportunity to obtain additional information regarding the items included in the plan and the pricing of each item; and
(b) The fulfillment materials concerning the travel protection plan:
(1) Describe and delineate the travel insurance, travel assistance services and any cancellation fee waivers in the travel protection plan, as applicable; and
(2) Include, as applicable, the disclosures required by paragraph (a) of subsection 2 of section 22 of this act and the contact information for any person providing travel assistance services or cancellation fee waivers.
2. As soon as practicable after the purchase of a travel protection plan, the fulfillment materials concerning the plan must be personally delivered to the purchaser of the travel protection plan or sent to the purchaser by mail or electronic transmission.
3. Unless the insured has started a covered trip or filed a claim under the travel insurance coverage, a policyholder or certificate holder who cancels a travel protection plan that includes travel insurance is entitled to a full refund of the price of the travel protection plan if the cancellation occurs not later than:
(a) If the fulfillment materials are sent by mail, 15 days after the date on which the fulfillment materials are sent.
(b) If the fulfillment materials are personally delivered or sent by electronic transmission, 10 days after the date on which the fulfillment materials are delivered or sent.
Sec. 31. 1. All documents provided to a prospective purchaser before the purchase of travel insurance, including, without limitation, any sales, advertising or marketing materials, must be consistent with the policy of travel insurance.
2. If a certificate or policy of travel insurance contains an exclusion for preexisting conditions, a prospective purchaser must be provided, before the time of purchase, information concerning the exclusion and an opportunity to learn more about the exclusion. If travel insurance is included in a travel protection plan, information concerning the exclusion must be included in the fulfillment materials concerning the plan.
3. An insurer providing travel insurance shall disclose in the policy of travel insurance documentation and, if the travel insurance is included in a travel protection plan, the fulfillment materials concerning the plan, whether the travel insurance is primary or secondary to other applicable insurance coverage.
4. As used in this section, policy of travel insurance includes, without limitation, any form, endorsement, policy, rate filing and certificate of insurance associated with a policy of travel insurance.
Sec. 32. A person shall not sell, solicit or negotiate travel insurance or a travel protection plan on an individual or group basis using a negative option or opt out process that requires a person who purchases a trip to take an affirmative action to refuse travel insurance coverage, including, without limitation, unchecking a box on an electronic form.
Sec. 33. 1. If travel insurance is marketed directly to a prospective purchaser by an insurer through the Internet website of the insurer or by a person through an aggregator site, the insurer or person may provide on the Internet website or aggregator site an accurate summary or short description of the travel insurance coverage, so long as the prospective purchaser has access to the full provisions of the policy of travel insurance by electronic means.
κ2023 Statutes of Nevada, Page 3277 (CHAPTER 508, AB 216)κ
description of the travel insurance coverage, so long as the prospective purchaser has access to the full provisions of the policy of travel insurance by electronic means.
2. If a producer of limited lines travel insurance or travel retailer offers a trip or travel package to a prospective purchaser and the destination jurisdiction of the prospective purchaser requires travel insurance coverage, the producer of limited lines travel insurance or travel retailer may require the prospective purchaser, as a condition of purchasing the trip or travel package, to choose between:
(a) Purchasing the coverage required by the destination jurisdiction through the producer of limited lines travel insurance or travel retailer supplying the trip or travel package; or
(b) Agreeing to obtain and provide proof of coverage that meets the requirements of the destination jurisdiction before departure.
Sec. 34. 1. Notwithstanding any other provision of this title, a person shall not act or represent himself or herself as a travel administrator in this State unless the person holds a:
(a) License as a producer of insurance issued by the Commissioner pursuant to NRS 683A.261 or 683A.271 for a line of authority specified in paragraph (c) or (d) of subsection 1 of NRS 683A.261;
(b) License as a managing general agent issued by the Commissioner pursuant to NRS 683A.160; or
(c) Certificate of registration as an administrator issued by the Commissioner pursuant to NRS 683A.08524.
2. An insurer is responsible for:
(a) The acts of a travel administrator administering travel insurance underwritten by the insurer; and
(b) Ensuring that the travel administrator maintains all books and records relevant to the insurer.
3. A travel administrator shall make available to the Commissioner upon request the books and records described in paragraph (b) of subsection 2.
Sec. 35. 1. Travel insurance may be provided in this State in the form of an individual policy of travel insurance, a policy of group travel insurance or a policy of blanket travel insurance.
2. Except as otherwise provided in this subsection, for the purposes of any filing required by chapter 686B of NRS or the regulations adopted pursuant thereto, travel insurance must be classified and filed under an inland marine line of insurance. Travel insurance that provides coverage, either exclusively or in conjunction with coverage for emergency evacuation or repatriation of remains, for sickness, accident, disability or death occurring during travel, may be classified and filed under an accident and health line of insurance or an inland marine line of insurance.
3. An insurer may establish and use eligibility and underwriting standards for travel insurance based on travel protection plans designed for individual or identified marketing or distribution channels so long as the standards meet any requirements imposed by this title or the regulations adopted pursuant thereto relating to eligibility and underwriting standards for inland marine insurance.
Sec. 36. The Commissioner may adopt regulations to carry out the provisions of this chapter.
κ2023 Statutes of Nevada, Page 3278 (CHAPTER 508, AB 216)κ
Sec. 37. Chapter 680B of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer shall pay the tax imposed by NRS 680B.027 on all premiums for travel insurance paid by any of the following persons:
(a) A primary policyholder who is a resident of this State.
(b) A primary certificate holder who is a resident of this State and who elects coverage under a policy of group travel insurance.
(c) Subject to any apportionment rules which apply to the insurer across multiple taxing jurisdictions or that allow the insurer to allocate premium on an apportioned basis in a reasonable and equitable manner in those jurisdictions, a policyholder of blanket travel insurance:
(1) Who is a resident of this State;
(2) Whose principal place of business is in this State; or
(3) Whose affiliate or subsidiary has a principal place of business in this State, if the affiliate or subsidiary has purchased blanket travel insurance in this State for members of an eligible group.
2. An insurer shall:
(a) Document the state of residence or principal place of business of each primary policyholder, primary certificate holder or policyholder of blanket travel insurance described in subsection 1; and
(b) Report as premium only the amount allocable to travel insurance and not any amount received by the insurer for travel assistance services or cancellation fee waivers.
3. As used in this section:
(a) Blanket travel insurance has the meaning ascribed to it in section 4 of this act.
(b) Cancellation fee waiver has the meaning ascribed to it in section 5 of this act.
(c) Eligible group has the meaning ascribed to it in section 6 of this act.
(d) Group travel insurance has the meaning ascribed to it in section 8 of this act.
(e) Primary certificate holder means a person who elects and purchases travel insurance under a policy of group travel insurance.
(f) Primary policyholder means a person who elects and purchases an individual policy of travel insurance.
(g) Travel assistance services has the meaning ascribed to it in section 16 of this act.
(h) Travel insurance has the meaning ascribed to it in section 17 of this act.
Sec. 38. NRS 680B.025 is hereby amended to read as follows:
680B.025 For the purposes of NRS 680B.025 to 680B.039, inclusive [:] and section 37 of this act:
1. Total income derived from direct premiums written:
(a) Does not include premiums written or considerations received from life insurance policies or annuity contracts issued in connection with the funding of a pension, annuity or profit-sharing plan qualified or exempt pursuant to sections 401, 403, 404, 408, 457 or 501 of the United States Internal Revenue Code as renumbered from time to time.
(b) Does not include payments received by an insurer from the Secretary of Health and Human Services pursuant to a contract entered into pursuant to section 1876 of the Social Security Act, 42 U.S.C. § 1395mm.
κ2023 Statutes of Nevada, Page 3279 (CHAPTER 508, AB 216)κ
(c) As to title insurance, consists of the total amount charged by the company for the sale of policies of title insurance.
2. Money accepted by a life insurer pursuant to an agreement which provides for an accumulation of money to purchase annuities at future dates may be considered as total income derived from direct premiums written either upon receipt or upon the actual application of the money to the purchase of annuities, but any interest credited to money accumulated while under the latter alternative must also be included in total income derived from direct premiums written, and any money taxed upon receipt, including any interest later credited thereto, is not subject to taxation upon the purchase of annuities. Each life insurer shall signify on its return covering premiums for the calendar year 1971 or for the first calendar year it transacts business in this State, whichever is later, its election between those two alternatives. Thereafter an insurer shall not change his or her election without the consent of the Commissioner. Any such money taxed as total income derived from direct premiums written is, in the event of withdrawal of the money before its actual application to the purchase of annuities, eligible to be included as return premiums pursuant to the provisions of NRS 680B.030.
Sec. 39. NRS 680B.039 is hereby amended to read as follows:
680B.039 Any insurer that fails to file the report or pay the tax as required by NRS 680B.025 to 680B.039, inclusive, and section 37 of this act within the time for filing and payment as provided in those sections shall in addition to any other applicable penalty pay a penalty of not more than 10 percent of the amount of the tax which is owed, as determined by the Department of Taxation, in addition to the tax, plus interest at the rate of 1.5 percent per month, or fraction of a month, from the date on which the tax should have been paid until the date of payment.
Sec. 40. NRS 683A.261 is hereby amended to read as follows:
683A.261 1. Unless the Commissioner refuses to issue the license under NRS 683A.451, the Commissioner shall issue a license as a producer of insurance to a person who has satisfied the requirements of NRS 683A.241 and 683A.251. A producer of insurance may qualify for a license in one or more of the lines of authority permitted by statute or regulation, including:
(a) Life insurance on human lives, which includes benefits from endowments and annuities and may include additional benefits from death by accident and benefits for dismemberment by accident and for disability income.
(b) Accident and health insurance for sickness, bodily injury or accidental death, which may include benefits for disability income.
(c) Property insurance for direct or consequential loss or damage to property of every kind.
(d) Casualty insurance against legal liability, including liability for death, injury or disability and damage to real or personal property. For the purposes of a producer of insurance, this line of insurance includes surety indemnifying financial institutions or providing bonds for fidelity, performance of contracts or financial guaranty.
(e) Variable annuities and variable life insurance, including coverage reflecting the results of a separate investment account.
(f) Credit insurance, including credit life, credit accident and health, credit property, credit involuntary unemployment, guaranteed asset protection, and any other form of insurance offered in connection with an extension of credit that is limited to wholly or partially extinguishing the obligation which the Commissioner determines should be considered as limited-line credit insurance.
κ2023 Statutes of Nevada, Page 3280 (CHAPTER 508, AB 216)κ
extension of credit that is limited to wholly or partially extinguishing the obligation which the Commissioner determines should be considered as limited-line credit insurance.
(g) Personal lines, consisting of automobile and motorcycle insurance and residential property insurance, including coverage for flood, of personal watercraft and of excess liability, written over one or more underlying policies of automobile or residential property insurance.
(h) Travel insurance, as defined in [NRS 683A.197,] section 17 of this act, as a limited line.
(i) Rental car as a limited line.
(j) Portable electronics as a limited line.
(k) Crop as a limited line.
(l) Personal property storage insurance, as defined in NRS 683A.1828, as a limited line.
2. A license as a producer of insurance remains in effect unless revoked, suspended or otherwise terminated if, on or before the renewal date for the license:
(a) A request for a renewal is submitted;
(b) All applicable fees for renewal are paid for each license; and
(c) Any requirement for education or any other requirement to renew the license is satisfied.
3. A producer of insurance may submit a request for a renewal of his or her license within 30 days after the renewal date if the producer of insurance otherwise complies with the provisions of subsection 2 and pays, in addition to any fee paid pursuant to subsection 2, a penalty of 50 percent of all applicable fees for renewal, except for any fee required pursuant to NRS 680C.110.
4. Except as otherwise provided in subsection 7, a license as a producer of insurance expires if the Commissioner does not receive from the producer of insurance a request for renewal of the license pursuant to subsection 2 or 3, as applicable, on or before the date which is 30 days after the renewal date.
5. A fee paid pursuant to subsection 2, 3 or 6 is nonrefundable.
6. A natural person who allows his or her license as a producer of insurance to expire pursuant to subsection 4 may, within 12 months after the renewal date, reinstate the license without passing a written examination if the natural person:
(a) Completes all applicable continuing education requirements; and
(b) Pays a penalty of twice all applicable fees for renewal, except for any fee required pursuant to NRS 680C.110.
7. A licensed producer of insurance who is unable to renew his or her license because of military service, extended medical disability or other extenuating circumstance may request a waiver of the time limit and of any fine or sanction otherwise required or imposed because of the failure to renew.
8. A license must state the licensees name, address, personal identification number, the date of issuance, the lines of authority and the date of expiration and must contain any other information the Commissioner considers necessary. The license must be made available for public inspection upon request.
9. A licensee shall inform the Commissioner of each change of business, residence or electronic mail address, in writing or by other means acceptable to the Commissioner, within 30 days after the change.
κ2023 Statutes of Nevada, Page 3281 (CHAPTER 508, AB 216)κ
acceptable to the Commissioner, within 30 days after the change. If a licensee changes his or her business, residence or electronic mail address without giving written notice and the Commissioner is unable to locate the licensee after diligent effort, the Commissioner may revoke the license without a hearing. The mailing of a letter by certified mail, return receipt requested, addressed to the licensee at his or her last mailing address appearing on the records of the Division, and the return of the letter undelivered, constitutes a diligent effort by the Commissioner.
10. As used in this section, renewal date means:
(a) For the first renewal of the license, the last day of the month which is 3 years after the month in which the Commissioner originally issued the license.
(b) For each renewal after the first renewal of the license, the last day of the month which is 3 years after the month in which the license was last due to be renewed.
Sec. 41. NRS 683A.321 is hereby amended to read as follows:
683A.321 1. [A] Except as otherwise provided in section 29 of this act, a producer of insurance shall not act as an agent unless he or she is appointed as an agent by the insurer. A producer who is not acting as an agent is a broker who does not need to be appointed.
2. To appoint a producer of insurance as its agent, an insurer must file, in a form approved by the Commissioner, a notice of appointment within 15 days after the contract is executed or the first application for insurance is submitted. An insurer may appoint a producer to act as agent for all or some insurers within its holding company or group by filing a single notice of appointment. A notice of appointment may include several agents.
3. Upon receipt of a notice of appointment, the Commissioner shall determine within 30 days whether the producer of insurance is eligible for appointment. If the producer of insurance is not, the Commissioner shall so notify the insurer within 5 days after the determination is made.
4. An insurer shall pay an appointment fee and remit an annual renewal fee for each producer of insurance appointed as its agent. A payment or remittance may include fees for several agents.
5. A broker shall not place insurance, other than life insurance, health insurance, annuity contracts or coverage written pursuant to the Nonadmitted Insurance Law set forth in chapter 685A of NRS, that covers property or risks within this state unless the broker does so with a licensed agent of an authorized insurer.
6. A producer who is acting as an agent may also act as and be a broker with regard to insurers for which he or she is not acting as an agent. The sole relationship between an insurer and a broker who is appointed as an agent by the insurer as to any transactions arising during the period in which the broker is appointed as an agent is that of insurer and agent, and not insurer and broker.
7. As used in this section:
(a) Agent means a producer of insurance who is compensated by the insurer and sells, solicits or negotiates insurance for the insurer.
(b) Broker means a producer of insurance who:
(1) Is not an agent of an insurer;
(2) Solicits, negotiates or procures insurance on behalf of an insured or prospective insured; and
κ2023 Statutes of Nevada, Page 3282 (CHAPTER 508, AB 216)κ
(3) Does not have the power, by his or her own actions as a broker, to obligate an insurer upon any risk or with reference to any transaction of insurance.
Sec. 42. NRS 683A.325 is hereby amended to read as follows:
683A.325 1. Except as otherwise provided in NRS [683A.3687 or] 691D.220 [,] or section 26 of this act, a producer of insurance who is appointed as an agent may pay a commission or compensation for or on account of the selling, soliciting, procuring or negotiating of insurance in this State only to a licensed and appointed producer of insurance of the insurer with whom insurance was placed or to a licensed producer acting as a broker.
2. A licensee shall not accept any commission or compensation to which the licensee is not entitled pursuant to the provisions of this title.
Sec. 43. NRS 684A.020 is hereby amended to read as follows:
684A.020 1. Except as otherwise provided in subsection 2, adjuster means any person who, for compensation, including, without limitation, a fee or commission, investigates and settles, and reports to his or her principal relative to, claims:
(a) Arising under insurance contracts for property, casualty or surety coverage, including, without limitation, workers compensation coverage, on behalf solely of the insurer or the insured; or
(b) Against a self-insurer who is providing similar coverage.
2. For the purposes of this chapter:
(a) An attorney at law who adjusts insurance losses from time to time incidental to the practice of his or her profession;
(b) An adjuster of ocean marine losses;
(c) A salaried employee of an insurer, unless the employee:
(1) Investigates, negotiates or settles workers compensation claims; and
(2) Obtains a license pursuant to this chapter;
(d) A salaried employee of a managing general agent maintaining an underwriting office in this state;
(e) An employee of an independent adjuster or an employee of an affiliate of an independent adjuster who is one of not more than 25 such employees under the supervision of an independent adjuster or licensed agent and who:
(1) Collects information relating to a claim for coverage arising under an insurance contract from or furnishes such information to an insured or a claimant; and
(2) Conducts data entry, including, without limitation, entering data into an automated claims adjudication system;
(f) A licensed agent who supervises not more than 25 employees described in paragraph (e);
(g) A person who is employed only to collect factual information concerning a claim for coverage arising under an insurance contract;
(h) A person who is employed solely to obtain facts surrounding a claim or to furnish technical assistance to a licensed independent adjuster;
(i) A person who is employed to investigate suspected fraudulent insurance claims but who does not adjust losses or determine the payment of claims;
(j) A person who performs only executive, administrative, managerial or clerical duties, or any combination thereof, but does not investigate, negotiate or settle claims with a policyholder or claimant or the legal representative of a policyholder or claimant;
κ2023 Statutes of Nevada, Page 3283 (CHAPTER 508, AB 216)κ
negotiate or settle claims with a policyholder or claimant or the legal representative of a policyholder or claimant;
(k) A licensed health care provider or any employee thereof who provides managed care services if those services do not include the determination of compensability;
(l) A managed care organization or any employee thereof or an organization that provides managed care services or any employee thereof if the services provided do not include the determination of compensability;
(m) A person who settles only reinsurance or subrogation claims;
(n) A broker, agent or representative of a risk retention group;
(o) An attorney-in-fact of a reciprocal insurer;
(p) A manager of a branch office of an alien insurer that is located in the United States; [or]
(q) A person authorized to adjust claims under the authority of a third-party administrator who holds a certificate of registration issued by the Commissioner pursuant to NRS 683A.08524, unless the person investigates, negotiates or settles workers compensation claims [,] ; or
(r) A travel administrator, as defined in section 15 of this act, and any employee thereof,
Κ is not considered an adjuster.
Sec. 44. Chapter 686A of NRS is hereby amended by adding thereto a new section to read as follows:
1. It constitutes an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to:
(a) Offer or sell a policy of travel insurance that could never result in payment of any claims for any insured under the policy; or
(b) Market blanket travel insurance as free.
2. As used in this section:
(a) Blanket travel insurance has the meaning ascribed to it in section 4 of this act.
(b) Travel insurance has the meaning ascribed to it in section 17 of this act.
Sec. 45. NRS 686A.010 is hereby amended to read as follows:
686A.010 The purpose of NRS 686A.010 to 686A.310, inclusive, and section 44 of this act is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the Act of Congress approved March 9, 1945, being c. 20, 59 Stat. 33, also designated as 15 U.S.C. §§ 1011 to 1015, inclusive, and Title V of Public Law 106-102, 15 U.S.C. §§ 6801 et seq.
Sec. 46. NRS 686A.183 is hereby amended to read as follows:
686A.183 1. After the hearing provided for in NRS 686A.160, the Commissioner shall issue an order on hearing pursuant to NRS 679B.360. If the Commissioner determines that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice in violation of NRS 686A.010 to 686A.310, inclusive, and section 44 of this act, the Commissioner shall order the person to cease and desist from engaging in that method of competition, act or practice, and may order one or both of the following:
(a) If the person knew or reasonably should have known that he or she was in violation of NRS 686A.010 to 686A.310, inclusive, and section 44 of this act, payment of an administrative fine of not more than $5,000 for each act or violation, except that as to licensed agents, brokers, solicitors and adjusters, the administrative fine must not exceed $500 for each act or violation.
κ2023 Statutes of Nevada, Page 3284 (CHAPTER 508, AB 216)κ
act or violation, except that as to licensed agents, brokers, solicitors and adjusters, the administrative fine must not exceed $500 for each act or violation.
(b) Suspension or revocation of the persons license if the person knew or reasonably should have known that he or she was in violation of NRS 686A.010 to 686A.310, inclusive [.] and section 44 of this act.
2. Until the expiration of the time allowed for taking an appeal, pursuant to NRS 679B.370, if no petition for review has been filed within that time, or, if a petition for review has been filed within that time, until the official record in the proceeding has been filed with the court, the Commissioner may, at any time, upon such notice and in such manner as the Commissioner deems proper, modify or set aside, in whole or in part, any order issued by him or her under this section.
3. After the expiration of the time allowed for taking an appeal, if no petition for review has been filed, the Commissioner may at any time, after notice and opportunity for hearing, reopen and alter, modify or set aside, in whole or in part, any order issued by him or her under this section whenever in the opinion of the Commissioner conditions of fact or of law have so changed as to require such action or if the public interest so requires.
Sec. 47. NRS 686A.520 is hereby amended to read as follows:
686A.520 1. The provisions of NRS 683A.341, 683A.451, 683A.461 and 686A.010 to 686A.310, inclusive, and section 44 of this act apply to companies.
2. For the purposes of subsection 1, unless the context requires that a section apply only to insurers, any reference in those sections to insurer must be replaced by a reference to company.
Sec. 48. A person who, on December 31, 2023, holds a valid license as a producer of limited lines travel insurance issued by the Commissioner of Insurance pursuant to NRS 683A.265 shall be deemed to hold a valid license as a producer of a limited lines travel insurance issued by the Commissioner pursuant to section 21 of this act.
Sec. 49. NRS 683A.191, 683A.193, 683A.195, 683A.197, 683A.199, 683A.242, 683A.265, 683A.368, 683A.3683, 683A.3685, 683A.3687, 683A.369, 683A.3693 and 683A.3695 are hereby repealed.
Sec. 50. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 49, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
________
κ2023 Statutes of Nevada, Page 3285κ
Assembly Bill No. 203Assemblymen Hafen, DSilva, Gray; Brown-May, Dickman, Hansen, Hardy, McArthur, Peters, Thomas, Torres and Watts
Joint Sponsors: Senators Nguyen and Titus
CHAPTER 509
[Approved: June 15, 2023]
AN ACT relating to motor vehicles; authorizing the combination of personalized prestige license plates and certain special license plates; exempting from the payment of certain parking fees vehicles with certain specially designed license plates associated with military service; exempting from the payment of certain parking fees vehicles with certain specially designed license plates for family members of persons killed in the line of duty or who died of injuries sustained while on active duty in the Armed Forces of the United States; providing a penalty for persons who make certain false statements or submit false, fraudulent or misleading evidence in connection with an application for certain specially designed license plates; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Motor Vehicles to issue personalized prestige license plates and certain special license plates associated with military or public service. (NRS 482.3667, 482.3757-482.3787) Sections 1-7 of this bill provide that a person may request personalized prestige license plates be combined with certain special license plates associated with military or public service.
Existing law provides an exemption from the payment of any parking fees, including, without limitation, those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States, to a vehicle that displays certain special license plates associated with military service that are issued to a person who has suffered a qualifying service-connected disability and receives compensation from the United States for the disability. (NRS 482.3765, 482.3775, 482.378, 482.3783) Sections 3 and 5-7 of this bill expand this exemption to any vehicle that displays such special license plates, regardless of whether the person to whom the plates were issued has suffered a qualifying service-connected disability.
Under existing law: (1) each family member of a person killed in the line of duty while on active duty in the Armed Forces of the United States is entitled to specially designed license plates which indicate that the person is a family member of a person killed in the line of duty while on active duty in the Armed Forces of the United States; and (2) each family member of a person who died as a result of injuries sustained while on active duty in the Armed Forces of the United States is entitled to specially designed license plates which indicate that the person is a family member of a person who died as a result of injuries sustained while on active duty in the Armed Forces of the United States. (NRS 482.3785, 482.3787) Sections 8 and 10 of this bill provide that a vehicle on which such specially designed license plates are displayed is exempt from the payment of any parking fees, including, without limitation, those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States. This is consistent with provisions that exempt from the payment of parking fees certain veterans with certain specially designed license plates. (NRS 482.3765-482.3783)
κ2023 Statutes of Nevada, Page 3286 (CHAPTER 509, AB 203)κ
Sections 1, 9 and 11 of this bill also impose a criminal penalty against a person who: (1) makes a false statement on an application for certain specially designed license plates that he or she is a family member of a person killed in the line of duty or who died as a result of injuries sustained while on active duty in the Armed Forces of the United States or was killed in the line of duty while serving as a peace officer and awarded posthumously the Medal of Honor, or equivalent thereof; or (2) submits false, fraudulent or misleading evidence in connection with such an application.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.3757 is hereby amended to read as follows:
482.3757 1. Except as otherwise provided in this section, the Department shall design, prepare and issue license plates honoring peace officers who have received a medal specified in subsection 3, or the equivalent thereof.
2. Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the person. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.
3. The Department shall issue specially designed license plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence satisfactory to the Department that the person is:
(a) A current or former peace officer who has received one or more of the following medals, or the equivalent thereof, for his or her service as a peace officer:
(1) The Medal of Honor;
(2) The Purple Heart;
(3) The Medal of Valor;
(4) The Lifesaving Medal;
(5) The Meritorious Service Medal; or
(6) The Distinguished Service Medal; or
(b) A family member of a person who was:
(1) Killed in the line of duty while serving as a peace officer; and
(2) Awarded posthumously the Medal of Honor, or the equivalent thereof, for his or her actions as a peace officer.
4. A qualifying event described in subsection 3 that entitles a person to special license plates issued pursuant to the provisions of this section is a qualifying event regardless of whether the event occurs or occurred before, on or after July 1, 2013.
5. If, during a registration year, the holder of a set of special license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
κ2023 Statutes of Nevada, Page 3287 (CHAPTER 509, AB 203)κ
6. Except as otherwise provided in this [subsection,] section, no fee in addition to the applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of special license plates pursuant to this section. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of duplicate number plates from the Department for the fees required pursuant to NRS 482.268.
7. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates issued pursuant to this section if the person pays the fees prescribed by NRS 482.367 for the personalized prestige license plates.
8. Any person who knowingly:
(a) Makes a false statement that he or she is a family member of a person who was killed in the line of duty while serving as a peace officer and awarded posthumously the Medal of Honor, or the equivalent thereof, for his or her actions as a peace officer on an application for special license plates pursuant to this section; or
(b) Submits any evidence pursuant to paragraph (b) of subsection 3 that is false, fraudulent or misleading,
Κ is guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000. In addition, he or she shall surrender to the Department any license plates issued pursuant to this section.
9. As used in this section:
(a) Family member means a widow, widower, parent, stepparent, grandparent, child, stepchild, dependent, sibling, half sibling or stepsibling.
(b) Killed in the line of duty while serving as a peace officer includes peace officers who:
(1) Are killed directly in the line of duty; and
(2) Die as a result of injuries sustained in the line of duty.
(c) Peace officer means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
Sec. 2. NRS 482.376 is hereby amended to read as follows:
482.376 1. An owner of a motor vehicle who is a resident of this State and is an enlisted or commissioned member of the Nevada National Guard may, upon application on a form prescribed and furnished by the Department, signed by the member and his or her commanding officer and accompanied by proof of enlistment, be issued license plates upon which is inscribed NATL GUARD with a number of characters, including numbers and letters, as determined necessary by the Director pursuant to NRS 482.367003. The applicant shall comply with the laws of this State concerning motor vehicles, including the payment of the regular registration fees, as prescribed by this chapter. There is an additional fee of $5 for the issuance of those plates.
2. Each member may request two sets of license plates as described in subsection 1. The second set of license plates for an additional vehicle must have a different number than the first set of license plates issued to the same member. The license plates may only be used on private passenger vehicles or noncommercial trucks.
3. Any member of the Nevada National Guard other than the Adjutant General, who retires or is honorably discharged may retain any license plates issued to the member pursuant to subsection 1. The Adjutant General shall surrender any license plates issued to him or her as Adjutant General to the Department when he or she leaves office, and may then be issued special license plates as described in subsection 1.
κ2023 Statutes of Nevada, Page 3288 (CHAPTER 509, AB 203)κ
Department when he or she leaves office, and may then be issued special license plates as described in subsection 1. If a member is dishonorably discharged, the member shall surrender any of these special plates in his or her possession to the Department at least 10 days before the members discharge and, in lieu of those plates, is entitled to receive regular Nevada license plates.
4. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates issued pursuant to this section if the person pays the fees prescribed by NRS 482.367, for the personalized prestige license plates in addition to the fees prescribed by this section for the license plates issued pursuant to this section.
Sec. 3. NRS 482.3765 is hereby amended to read as follows:
482.3765 1. A veteran of the Armed Forces of the United States who survived the attack on Pearl Harbor on December 7, 1941, is entitled to specially designed license plates inscribed with the words PEARL HARBOR VETERAN or PEARL HARBOR SURVIVOR, at the option of the veteran, and a number of characters, including numbers and letters, as determined necessary by the Director pursuant to NRS 482.367003.
2. A person who qualifies for special license plates pursuant to this section, has suffered a qualifying service-connected disability as a result of his or her service in the Armed Forces of the United States and receives compensation from the United States for the disability is entitled to have his or her special license plates issued pursuant to this section inscribed with the international symbol of access, which must comply with any applicable federal standards and must be white on a blue background.
3. Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.
4. The Department shall issue specially designed license plates for persons qualified pursuant to this section who submit an application on a form prescribed by the Department and evidence of their status as a survivor and, if applicable and subject to the provisions of NRS 417.0187, evidence of disability required by the Department.
5. A vehicle on which license plates issued by the Department pursuant to [subsection 2] this section are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States.
6. If, during a registration year, the holder of a set of special license plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
7. The fee for a set of special license plates issued pursuant to this section is $25, in addition to all other applicable registration and license fees and governmental services taxes.
κ2023 Statutes of Nevada, Page 3289 (CHAPTER 509, AB 203)κ
and governmental services taxes. The annual fee for a renewal sticker for a set of special license plates issued pursuant to this section is $5.
8. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate the persons status as a veteran of the Armed Forces of the United States who survived the attack on Pearl Harbor on December 7, 1941, if the person pays the fees prescribed by NRS 482.367, for the personalized prestige license plates in addition to the fees prescribed by this section for the license plates that indicate the persons status as a veteran of the Armed Forces of the United States who survived the attack on Pearl Harbor on December 7, 1941.
Sec. 4. NRS 482.377 is hereby amended to read as follows:
482.377 1. A veteran of the Armed Forces of the United States who, as a result of his or her service:
(a) Has suffered a qualifying service-connected disability and who receives compensation from the United States for the disability is entitled to specially designed license plates that must be inscribed with:
(1) The words DISABLED VETERAN, DISABLED FEMALE VETERAN or VETERAN WHO IS DISABLED, at the option of the veteran;
(2) The international symbol of access, which must comply with any applicable federal standards and must be white on a blue background; and
(3) A number of characters, including numbers and letters, as determined necessary by the Director pursuant to NRS 482.367003.
(b) Has been captured and held prisoner by a military force of a foreign nation is entitled to specially designed license plates inscribed with the words EX PRISONER OF WAR and a number of characters, including numbers and letters, as determined necessary by the Director pursuant to NRS 482.367003.
2. A person who qualifies for special license plates pursuant to paragraph (b) of subsection 1, has suffered a qualifying service-connected disability as a result of his or her service in the Armed Forces of the United States and receives compensation from the United States for the disability is entitled to have his or her special license plates issued pursuant to this section inscribed with the international symbol of access, which must comply with any applicable federal standards and must be white on a blue background.
3. Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.
4. The Department shall issue specially designed license plates for persons qualified pursuant to this section who submit an application on a form prescribed by the Department and, subject to the provisions of NRS 417.0187, evidence of disability, former imprisonment or both, as applicable, required by the Department.
5. A vehicle on which license plates issued by the Department pursuant to this section are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States.
κ2023 Statutes of Nevada, Page 3290 (CHAPTER 509, AB 203)κ
6. If, during a registration year, the holder of a set of special license plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
7. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates issued pursuant to this section if the person pays the fees prescribed by NRS 482.367 for the personalized prestige license plates.
Sec. 5. NRS 482.3775 is hereby amended to read as follows:
482.3775 1. A veteran of the Armed Forces of the United States who was awarded the Purple Heart is entitled to specially designed license plates which indicate that the veteran is a recipient of the Purple Heart.
2. A person who qualifies for special license plates pursuant to this section, has suffered a qualifying service-connected disability as a result of his or her service in the Armed Forces of the United States and receives compensation from the United States for the disability is entitled to have his or her special license plates issued pursuant to this section inscribed with the international symbol of access, which must comply with any applicable federal standards and must be white on a blue background.
3. Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.
4. The Department shall issue specially designed license plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence of his or her status as a recipient of the Purple Heart and, if applicable and subject to the provisions of NRS 417.0187, evidence of disability as required by the Department. The Department may designate any appropriate colors for the special plates.
5. A vehicle on which license plates issued by the Department pursuant to [subsection 2] this section are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States.
6. If, during a registration year, the holder of a set of special license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
7. Except as otherwise provided in this [subsection,] section, no fee in addition to the applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of special license plates pursuant to this section. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of duplicate number plates from the Department for the fees required pursuant to NRS 482.268.
κ2023 Statutes of Nevada, Page 3291 (CHAPTER 509, AB 203)κ
this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of duplicate number plates from the Department for the fees required pursuant to NRS 482.268.
8. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate the persons status as a veteran of the Armed Forces of the United States who was awarded the Purple Heart if the person pays the fees prescribed by NRS 482.367 for the personalized prestige license plates.
Sec. 6. NRS 482.378 is hereby amended to read as follows:
482.378 1. An owner of a motor vehicle who is a resident of this State and has been awarded the Congressional Medal of Honor may, upon signed application on a form prescribed and furnished by the Department, be issued license plates which indicate that he or she is a recipient of the Congressional Medal of Honor. The applicant shall comply with the motor vehicle laws of this State, including the provisions of chapter 371 of NRS and the payment of the registration fees required by this chapter, but except as otherwise provided in subsection 6, no fee may be charged under NRS 482.367.
2. A person who qualifies for special license plates pursuant to this section, has suffered a qualifying service-connected disability as a result of his or her service in the Armed Forces of the United States and receives compensation from the United States for the disability is entitled to have his or her special license plates issued pursuant to this section inscribed with the international symbol of access, which must comply with any applicable federal standards and must be white on a blue background.
3. Each person who is eligible for special license plates under this section may apply for two sets of plates. The second set of plates for an additional vehicle must have a different number than the first set of plates issued to the same applicant. The plates may be used only on a private passenger vehicle, a noncommercial truck or a motor home.
4. A vehicle on which license plates issued by the Department pursuant to [subsection 2] this section are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States.
5. The Department may adopt regulations governing the issuance of special license plates to recipients of the Congressional Medal of Honor.
6. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate the persons status as a recipient of the Congressional Medal of Honor if that person pays the fees prescribed by NRS 482.367 for the personalized prestige license plates.
Sec. 7. NRS 482.3783 is hereby amended to read as follows:
482.3783 1. The Department shall design, prepare and issue license plates honoring veterans of the Armed Forces of the United States who have been awarded, as applicable, the:
(a) Silver Star; or
(b) Bronze Star Medal with V device, Combat V or Combat Distinguishing Device.
2. A person who qualifies for special license plates pursuant to this section, has suffered a qualifying service-connected disability as a result of his or her service in the Armed Forces of the United States and receives compensation from the United States for the disability is entitled to have his or her special license plates issued pursuant to this section inscribed with the international symbol of access, which must comply with the applicable federal standards and must be white on a blue background.
κ2023 Statutes of Nevada, Page 3292 (CHAPTER 509, AB 203)κ
international symbol of access, which must comply with the applicable federal standards and must be white on a blue background.
3. Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may only be used on a private passenger vehicle, a noncommercial truck or a motor home.
4. The Department shall issue specially designed license plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence of his or her status as a recipient of the Silver Star or the Bronze Star Medal with V device, Combat V or Combat Distinguishing Device, as applicable, and, subject to the provisions of NRS 417.0187, evidence of his or her service-connected disability, if applicable, as required by the Department. The Department may designate any appropriate colors for the special plates.
5. [Except as otherwise provided in this subsection, a] A vehicle on which license plates issued by the Department pursuant to [subsection 2] this section are displayed is exempt from the payment of any parking fees, including, without limitation, those collected through parking meters, charged by the State or any political subdivision or other public body within this State, other than the United States.
6. If, during a registration year, the holder of a set of special license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
7. Except as otherwise provided in this [subsection,] section, no fee in addition to the applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of special license plates pursuant to this section. If the special license plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of duplicate number plates from the Department for the fees required pursuant to NRS 482.268.
8. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate the persons status as a veteran of the Armed Forces of the United States who has been awarded the Silver Star or the Bronze Star Medal with V device, Combat V or Combat Distinguishing Device if the person pays the fees prescribed by NRS 482.367 for the personalized prestige license plates.
Sec. 8. NRS 482.3785 is hereby amended to read as follows:
482.3785 1. Each family member of a person killed in the line of duty while on active duty in the Armed Forces of the United States is entitled to specially designed license plates which indicate that the person is a family member of a person killed in the line of duty while on active duty in the Armed Forces of the United States.
2. Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant.
κ2023 Statutes of Nevada, Page 3293 (CHAPTER 509, AB 203)κ
must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.
3. The Department shall issue specially designed license plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence satisfactory to the Department that the person is a family member of a person killed in the line of duty while on active duty in the Armed Forces of the United States. The Department may designate any appropriate colors for the special plates, but must ensure that the design of the plates includes a gold star.
4. A vehicle on which license plates issued by the Department pursuant to this section are displayed is exempt from the payment of any parking fees, including, without limitation, those collected through parking meters, charged by the State or any political subdivision or other public body within this State, other than the United States.
5. If, during a registration year, the holder of a set of special license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
[5.] 6. Except as otherwise provided in this [subsection,] section, no fee in addition to the applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of special license plates pursuant to this section. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of duplicate number plates from the Department for the fees required pursuant to NRS 482.268.
[6.] 7. As used in this section:
(a) Family member means a widow, widower, parent, stepparent, grandparent, child, stepchild, dependent, sibling, half sibling or stepsibling.
(b) Killed in the line of duty while on active duty in the Armed Forces of the United States includes persons killed directly in the line of duty and persons who die as a result of injuries sustained in the line of duty.
Sec. 9. NRS 482.3785 is hereby amended to read as follows:
482.3785 1. Each family member of a person killed in the line of duty while on active duty in the Armed Forces of the United States is entitled to specially designed license plates which indicate that the person is a family member of a person killed in the line of duty while on active duty in the Armed Forces of the United States.
2. Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.
3. The Department shall issue specially designed license plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence satisfactory to the Department that the person is a family member of a person killed in the line of duty while on active duty in the Armed Forces of the United States. The Department may designate any appropriate colors for the special plates, but must ensure that the design of the plates includes a gold star.
κ2023 Statutes of Nevada, Page 3294 (CHAPTER 509, AB 203)κ
Department may designate any appropriate colors for the special plates, but must ensure that the design of the plates includes a gold star.
4. A vehicle on which license plates issued by the Department pursuant to this section are displayed is exempt from the payment of any parking fees, including, without limitation, those collected through parking meters, charged by the State or any political subdivision or other public body within this State, other than the United States.
5. If, during a registration year, the holder of a set of special license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
6. Except as otherwise provided in this section, no fee in addition to the applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of special license plates pursuant to this section. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of duplicate number plates from the Department for the fees required pursuant to NRS 482.268.
7. Any person who knowingly:
(a) Makes a false statement that he or she is a family member of a person killed in the line of duty while on active duty in the Armed Forces of the United States on an application for special license plates pursuant to this section; or
(b) Submits any evidence pursuant to subsection 3 that is false, fraudulent or misleading,
Κ is guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000. In addition, he or she shall surrender to the Department any license plates issued pursuant to this section.
8. As used in this section:
(a) Family member means a widow, widower, parent, stepparent, grandparent, child, stepchild, dependent, sibling, half sibling or stepsibling.
(b) Killed in the line of duty while on active duty in the Armed Forces of the United States includes persons killed directly in the line of duty and persons who die as a result of injuries sustained in the line of duty.
Sec. 10. NRS 482.3787 is hereby amended to read as follows:
482.3787 1. Each family member of a person who died as a result of injuries sustained while on active duty in the Armed Forces of the United States is entitled to specially designed license plates which indicate that the person is a family member of a person who died as a result of injuries sustained while on active duty in the Armed Forces of the United States.
2. Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.
3. The Department shall issue specially designed license plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence satisfactory to the Department that the person is a family member of a person who died as a result of injuries sustained while on active duty in the Armed Forces of the United States.
κ2023 Statutes of Nevada, Page 3295 (CHAPTER 509, AB 203)κ
Department that the person is a family member of a person who died as a result of injuries sustained while on active duty in the Armed Forces of the United States. The Department may designate any appropriate colors for the special plates.
4. A vehicle on which license plates issued by the Department pursuant to this section are displayed is exempt from the payment of any parking fees, including, without limitation, those collected through parking meters, charged by the State or any political subdivision or other public body within this State, other than the United States.
5. If, during a registration year, the holder of a set of special license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
[5.] 6. Except as otherwise provided in this [subsection,] section, no fee in addition to the applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of special license plates pursuant to this section. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of duplicate number plates from the Department for the fees required pursuant to NRS 482.268.
[6.] 7. As used in this section:
(a) Died as a result of injuries sustained while on active duty in the Armed Forces of the United States includes persons who die as a result of an injury sustained while on active duty whether or not the person had been discharged from military service at the time of his or her death.
(b) Family member means a widow, widower, parent, stepparent, grandparent, child, stepchild, dependent, sibling, half sibling or stepsibling.
Sec. 11. NRS 482.3787 is hereby amended to read as follows:
482.3787 1. Each family member of a person who died as a result of injuries sustained while on active duty in the Armed Forces of the United States is entitled to specially designed license plates which indicate that the person is a family member of a person who died as a result of injuries sustained while on active duty in the Armed Forces of the United States.
2. Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.
3. The Department shall issue specially designed license plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence satisfactory to the Department that the person is a family member of a person who died as a result of injuries sustained while on active duty in the Armed Forces of the United States. The Department may designate any appropriate colors for the special plates.
4. A vehicle on which license plates issued by the Department pursuant to this section are displayed is exempt from the payment of any parking fees, including, without limitation, those collected through parking meters, charged by the State or any political subdivision or other public body within this State, other than the United States.
κ2023 Statutes of Nevada, Page 3296 (CHAPTER 509, AB 203)κ
including, without limitation, those collected through parking meters, charged by the State or any political subdivision or other public body within this State, other than the United States.
5. If, during a registration year, the holder of a set of special license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
6. Except as otherwise provided in this section, no fee in addition to the applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of special license plates pursuant to this section. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of duplicate number plates from the Department for the fees required pursuant to NRS 482.268.
7. Any person who knowingly:
(a) Makes a false statement that he or she is a family member of a person who died as a result of injuries sustained while on active duty in the Armed Forces of the United States on an application for special license plates pursuant to this section; or
(b) Submits any evidence pursuant to subsection 3 that is false, fraudulent or misleading,
Κ is guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000. In addition, he or she shall surrender to the Department any license plates issued pursuant to this section.
8. As used in this section:
(a) Died as a result of injuries sustained while on active duty in the Armed Forces of the United States includes persons who die as a result of an injury sustained while on active duty whether or not the person had been discharged from military service at the time of his or her death.
(b) Family member means a widow, widower, parent, stepparent, grandparent, child, stepchild, dependent, sibling, half sibling or stepsibling.
Sec. 11.5. As soon as practicable, upon determining that sufficient resources are available to enable the Department of Motor Vehicles to carry out the amendatory provisions of this act, the Director of the Department shall notify the Governor and the Director of the Legislative Counsel Bureau of that fact, and shall publish on the Internet website of the Department notice to the public of that fact.
Sec. 12. 1. This section and sections 8, 10 and 11.5 of this act become effective upon passage and approval.
2. Sections 1 to 7, inclusive, 9 and 11 of this act become effective on the date on which the Director of the Department of Motor Vehicles, pursuant to section 11.5 of this act, notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to carry out the amendatory provisions of this act.
________
κ2023 Statutes of Nevada, Page 3297κ
Assembly Bill No. 208Committee on Health and Human Services
CHAPTER 510
[Approved: June 15, 2023]
AN ACT relating to Medicaid; establishing a program to provide structured family caregiving to certain recipients of Medicaid; making appropriations to and authorizing expenditures by certain divisions of the Department of Health and Human Services; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Federal law authorizes a state to apply for a waiver that allows the state to receive financial contributions from the Federal Government toward the cost of providing certain home and community-based services for recipients of Medicaid who are elderly or disabled. (42 U.S.C. § 1396n(c)) Existing law requires the Department of Health and Human Services to apply for such a waiver covering certain home and community-based services for recipients of Medicaid with physical disabilities. (NRS 422.396)
Section 1 of this bill requires the Department to apply to the United States Secretary of Health and Human Services for a home and community-based services waiver to include structured family caregiving for recipients of Medicaid suffering from dementia. Section 1 requires that the Department include in its application for the waiver: (1) an authorization for an applicant for or a recipient of Medicaid to choose his or her caregiver and the residence where the recipient will receive the structured family caregiving; and (2) a requirement that the caregiver be or become an employee of an agency to provide personal care services in the home or an intermediary service organization and receive a daily stipend through that employer. Section 1 also requires a caregiver to receive certain training. Section 2 of this bill makes a conforming change to indicate that section 1 will be administered in the same manner as other provisions of existing law governing Medicaid. Section 2.3 of this bill makes appropriations to, and authorizes expenditures by, the Division of Health Care Financing and Policy of the Department for costs relating to including such structured family caregiving as medical assistance under Medicaid. Section 2.6 of this bill makes appropriations to, and authorizes expenditures by, the Division of Welfare and Supportive Services of the Department for costs relating to system modifications to implement this bill.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Department shall apply to the Secretary of Health and Human Services for a home and community-based services waiver granted pursuant to 42 U.S.C. § 1396n(c). The waiver must authorize the Department to include structured family caregiving for persons suffering from dementia as medical assistance under Medicaid.
2. The waiver must:
(a) Authorize an applicant for or a recipient of Medicaid suffering from dementia to choose any:
κ2023 Statutes of Nevada, Page 3298 (CHAPTER 510, AB 208)κ
(1) Person, including, without limitation, a spouse or a person who is legally responsible for the recipient, to serve as his or her caregiver; and
(2) Appropriate residence in which to receive structured family caregiving;
(b) Require a caregiver chosen by a recipient of Medicaid pursuant to paragraph (a), including, without limitation, a caregiver chosen by an applicant whose application is approved, to be or become an employee of an agency to provide personal care services in the home or an intermediary service organization;
(c) Establish a per diem rate to be paid to an agency to provide personal care services in the home or an intermediary service organization that employs a caregiver pursuant to paragraph (b);
(d) Require an agency to provide personal care services in the home or intermediary service organization that employs a caregiver pursuant to paragraph (b) to provide to the caregiver a daily stipend that is at least 65 percent of the per diem rate paid to the agency to provide personal care services in the home or intermediary service organization; and
(e) Require a caregiver chosen by a recipient of Medicaid pursuant to paragraph (a), including, without limitation, a caregiver chosen by an applicant whose application is approved, to complete any training the Aging and Disability Services Division of the Department determines to be necessary for the caregiver to provide adequate care to the recipient.
3. The Department shall:
(a) Cooperate with the Federal Government in obtaining a waiver pursuant to this section;
(b) If the Federal Government approves the waiver, adopt regulations necessary to carry out the provisions of this section, including, without limitation, the criteria to be used in determining eligibility for an applicant for or a recipient of Medicaid suffering from dementia to receive structured family caregiving pursuant to this section; and
(c) Implement the amendments to the waiver only to the extent that the amendments are approved by the Federal Government.
4. As used in this section:
(a) Agency to provide personal care services in the home has the meaning ascribed to it in NRS 449.0021.
(b) Intermediary service organization has the meaning ascribed to it in NRS 449.4304.
(c) Structured family caregiving means the provision of services to a person who resides in the same residence as the caregiver on a full-time basis. The services provided may include, without limitation:
(1) Case management services;
(2) Personal care services;
(3) Personal assistance;
(4) Homemaker services; and
(5) Health-related services, including, without limitation, home health aide services.
Sec. 2. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
κ2023 Statutes of Nevada, Page 3299 (CHAPTER 510, AB 208)κ
(1) The Administrator of the Aging and Disability Services Division;
(2) The Administrator of the Division of Welfare and Supportive Services;
(3) The Administrator of the Division of Child and Family Services;
(4) The Administrator of the Division of Health Care Financing and Policy; and
(5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 1 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or the Directors designee, is responsible for appointing and removing subordinate officers and employees of the Department.
Sec. 2.3. 1. There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services for the costs of including structured family caregiving for persons suffering from dementia as medical assistance under Medicaid pursuant to section 1 of this act and for personnel, travel, operating, equipment, information services expenses and system costs for changes to the Medicaid Management Information System associated with carrying out the provisions of this act the following sums:
κ2023 Statutes of Nevada, Page 3300 (CHAPTER 510, AB 208)κ
of Health and Human Services for the costs of including structured family caregiving for persons suffering from dementia as medical assistance under Medicaid pursuant to section 1 of this act and for personnel, travel, operating, equipment, information services expenses and system costs for changes to the Medicaid Management Information System associated with carrying out the provisions of this act the following sums:
For the Fiscal Year 2023-2024....................................................... $50,662
For the Fiscal Year 2024-2025.................................................... $100,400
2. Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized by the Division of Health Care Financing and Policy of the Department of Health and Human Services for the same purpose as set forth in subsection 1:
For the Fiscal Year 2023-2024....................................................... $85,382
For the Fiscal Year 2024-2025.................................................... $223,781
3. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
Sec. 2.6. 1. There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services of the Department of Health and Human Services the sum of $72,240 for system modifications to implement the provisions of this act.
2. Expenditure of the sum of $650,160 during Fiscal Year 2023-2024 not appropriated from the State General Fund or the State Highway Fund is hereby authorized by the Division of Welfare and Supportive Services of the Department of Health and Human Services for the same purpose as set forth in subsection 1.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
Sec. 3. 1. This section becomes effective upon passage and approval.
2. Sections 2.3 and 2.6 of this act become effective on July 1, 2023.
3. Sections 1 and 2 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2025, for all other purposes.
________
κ2023 Statutes of Nevada, Page 3301κ
Assembly Bill No. 192Assemblywoman Gonzαlez
CHAPTER 511
[Approved: June 15, 2023]
AN ACT relating to elections; establishing requirements relating to the purchase of ballots and return envelopes used in elections in this State; revising requirements for the form of all envelopes and return envelopes for mail ballots; revising certain requirements relating to electioneering; revising provisions relating to recounts and contests of presidential elections; revising provisions relating to risk-limiting audits; revising provisions relating to tampering or interfering with certain election equipment or computer programs; revising the definition of uniformed-service voter; delaying the effective date of certain provisions relating to automatic voter registration; making an appropriation to the Office of the Secretary of State to enter into a contract or contracts for the purchase of ballots and return envelopes; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Secretary of State to prescribe: (1) the form of all mail ballots; and (2) the placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the State. (NRS 293.250) Sections 1.5 and 4 of this bill require the form of all envelopes in which mail ballots are sent to voters and all return envelopes for mail ballots to, with certain exceptions, be uniform throughout the State. Sections 1.5 and 4 also require the Secretary of State to prescribe a method for distinguishing the return envelopes of each county or city, as applicable.
Section 1.1 of this bill authorizes the Secretary of State to enter into one or more contracts for the purchase of all ballots and return envelopes used in any statewide and local election held in this State. Section 1.1 provides that if such a contract or contracts requires the vendor to distribute mail ballots on behalf of a county or city clerk, the contract or contracts must require the vendor to deposit the mail ballots for mailing at a location within this State. Section 5.3 of this bill makes an appropriation to the Office of the Secretary of State to enter into such a contract or contracts.
Section 1.1 further authorizes each board of county commissioners and governing body of an incorporated city to elect to use the ballots and return envelopes purchased by the Secretary of State for all statewide and local elections held in a given year by notifying the Secretary of State in writing not less than 8 months before the date of a presidential preference primary election in a presidential election year or primary election in any other election year. Section 5.5 of this bill provides that a board of county commissioners or governing body of an incorporated city that elects to use the ballots purchased by the Secretary of State for all elections held in 2024 must notify the Secretary of State 6 months before the date of the presidential preference primary election in 2024.
Existing law requires a county clerk and city clerk to keep continuously posted certain signs and notices which indicate that electioneering is prohibited between the boundary marked by the sign and the entrance to a polling place. (NRS 293.361, 293.740, 293C.361) Sections 2, 3 and 5 of this bill require the county clerk and city clerk to ensure that any signs and notices posted are: (1) at least 17 inches by 11 inches in size; (2) placed on a window or door of the polling place or freestanding; and (3) visible to a person approaching the boundary marked by the sign.
κ2023 Statutes of Nevada, Page 3302 (CHAPTER 511, AB 192)κ
Existing law defines electioneering to include buying, selling, wearing or displaying any badge, button or other insigne which is designed or tends to aid or promote the success or defeat of any political party or a candidate or ballot question to be voted upon at an election. (NRS 293.740) Section 3 revises this definition to provide instead that electioneering includes buying, selling, wearing or displaying any badge, button or other insigne which expressly refers to any political party or a candidate or ballot question to be voted upon at that election.
Existing law requires each county clerk to conduct a risk-limiting audit of the results of an election prior to the certification of the results of the election. (NRS 293.394) Section 2.5 of this bill removes the requirement to conduct such an audit prior to the certification of the results.
Existing law provides a penalty for a person who tampers or interferes or attempts to tamper or interfere with any computer program used to count ballots. (NRS 293.755) Section 3.5 of this bill instead prohibits a person from tampering or interfering or attempting to tamper or interfere with any computer program used to conduct an election.
Existing law authorizes uniformed-service voters and certain other voters to vote in an election using a system of approved electronic transmission, a federal postcard application or the federal write-in absentee ballot. (Chapter 293D of NRS) Section 5.1 of this bill revises the definition of uniformed-service voter to include a member of the active or reserve component of the Space Force of the United States who is on active duty.
Beginning on January 1, 2024, existing law expands the agencies which provide automatic voter registration services and establishes certain requirements for an automatic voter registration agency to transmit certain voter registration information to the Secretary of State and county clerks. (Chapter 555, Statutes of Nevada 2021, at page 3849) Section 5.2 of this bill delays the effective date of these provisions until January 1, 2025.
Existing federal law requires a certificate of ascertainment of appointment of presidential electors to be issued and transmitted to the Archivist of the United States not later than 6 days before the time fixed for the meeting of the electors, which is the first Tuesday after the second Wednesday in December. (3 U.S.C. §§ 5, 7) Existing state law authorizes a candidate defeated at any election to demand and receive a recount within 3 working days after the canvass of the vote. For purposes of demanding a recount in a general election, canvass means: (1) the canvass by the Supreme Court of the returns for a candidate for a statewide office; or (2) the canvass of the board of county commissioners of the returns for any other candidate. (NRS 293.403) The canvass by: (1) a board of county commissioners must be completed on or before the 10th day following the election; and (2) the Supreme Court is the 4th Tuesday of November after each general election. (NRS 293.387, 293.395) Each recount must be commenced within 5 days after demand, and completed within 5 days after it begins. (NRS 293.405) Existing state law further authorizes, with certain exceptions, a candidate or registered voter to contest an election by filing a statement of contest not later than 5 days after a recount is completed, and not later than 14 days after the election if no recount is demanded. (NRS 293.407, 293.413) If an election contest is filed, the court is required to set the matter for hearing not less than 5 days and not more than 10 days after the filing of the statement of contest. (NRS 293.413)
Section 1.3 of this bill establishes a different timeline for filing a recount or an election contest that applies only to the election of presidential electors. Specifically, section 1.3 provides that a candidate for the office of presidential elector may demand and receive a recount if, on or before the 13th day following the election, the candidate files the written demand to and deposits the estimated costs of the recount with the Secretary of State. Any such recount must be: (1) commenced within 1 day after the demand is filed; and (2) completed within 5 days after the recount begins. Section 1.3 further authorizes a candidate or any registered voter to contest the
κ2023 Statutes of Nevada, Page 3303 (CHAPTER 511, AB 192)κ
election of a candidate to the office of presidential elector not more than 2 working days after the canvass of the returns by the Supreme Court. Such an election contest must be: (1) scheduled for a judicial hearing not more than 5 days after the filing of the statement of contest; and (2) decided before the deadline to issue and submit the certificate of ascertainment pursuant to federal law.
Pursuant to section 1.3, for purposes of the 2024 General Election, which will be held on November 5, 2024, the deadline: (1) to demand a recount for the office of presidential elector is November 18, 2024; (2) to begin a recount for the office of presidential elector is November 19, 2024; (3) to complete a recount for the office of presidential elector is November 24, 2024; (4) to contest the election for the office of presidential elector is December 2, 2024; and (5) for the court to set any such contest for hearing is December 7, 2024. Further, the deadline under federal law to issue and transmit the certificate of ascertainment is December 11, 2024, so, pursuant to section 1.3, the court must determine the result of any election contest of the office of presidential elector before December 11, 2024.
Sections 2.6-2.85 and 3.7 of this bill make conforming changes to reflect the changes in section 1.3 to the schedule for filing a demand for a recount or an election contest for the office of presidential elector.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.1 and 1.3 of this act.
Sec. 1.1. 1. The Secretary of State may enter into one or more contracts for the purchase of all ballots, including, without limitation, mail ballots, and return envelopes for use in any statewide and local election held in this State pursuant to title 24 of NRS. Such a contract is subject to the provisions of chapter 333 of NRS.
2. Each board of county commissioners and governing body of an incorporated city in this State may elect to use the ballots, including, without limitation, mail ballots, and return envelopes purchased by the Secretary of State in accordance with the contract or contracts entered into pursuant to this section for all statewide and local elections held in a given year in this State pursuant to title 24 of NRS by notifying the Secretary of State in writing not less than 8 months before the date of the presidential preference primary election in a presidential election year or the date of the primary election in any other election year.
3. If a contract or contracts entered into pursuant to this section requires the vendor to distribute mail ballots on behalf of a county or city clerk, the contract or contracts must require the vendor to deposit the mail ballots for mailing at a location within this State.
Sec. 1.3. For the purposes of an election to the office of presidential elector:
1. The following requirements apply to a demand for a recount:
(a) A candidate for the office of presidential elector may demand and receive a recount of the vote to determine the number of votes received for the candidate and the number of votes received for the person who won the election if, on or before the 13th day following the election, the candidate who demands the recount:
κ2023 Statutes of Nevada, Page 3304 (CHAPTER 511, AB 192)κ
(1) Files in writing a demand with the Secretary of State; and
(2) Deposits in advance the estimated costs of the recount with the Secretary of State, as determined by the Secretary of State, in accordance with regulations adopted by the Secretary of State defining the term costs.
(b) A recount conducted pursuant to this subsection must be commenced within 1 day after the demand is filed and must be completed within 5 days after the recount is begun.
2. The following requirements apply to a contest of an election:
(a) A candidate for the office of presidential elector or any registered voter of this State may contest the election of a candidate to the office of presidential elector. To contest the election, the candidate or registered voter, as applicable, must file with the clerk of the district court a written statement of contest not more than 2 working days after the canvass of the returns by the Supreme Court.
(b) The statement of contest must be prepared in accordance with NRS 293.407.
(c) The court shall set the matter for a hearing not more than 5 days after the filing of the statement of contest and must determine the results of the contest before the deadline to issue and submit the certificate of ascertainment pursuant to 3 U.S.C. § 5. Election contests take precedence over all regular business of the court in order that results of elections shall be determined as soon as practicable.
(d) The court may refer the contest to a special master in the manner provided by the Nevada Rules of Civil Procedure, and such special master shall have all powers necessary for a proper determination of the contest.
Sec. 1.5. NRS 293.269913 is hereby amended to read as follows:
293.269913 1. Except as otherwise provided in subsection 2, NRS 293.269911 and chapter 293D of NRS, the county clerk shall send to each active registered voter by first-class mail, or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed:
(a) A mail ballot;
(b) A return envelope;
(c) An envelope or sleeve into which the mail ballot is inserted to ensure its secrecy; and
(d) Instructions.
2. In sending a mail ballot to an active registered voter, the county clerk shall use an envelope that may not be forwarded to an address of the voter that is different from the address to which the mail ballot is mailed.
3. The return envelope must include postage prepaid by first-class mail if the active registered voter is within the boundaries of the United States, its territories or possessions or on a military base.
4. Before sending a mail ballot to an active registered voter, the county clerk shall record:
(a) The date the mail ballot is issued;
(b) The name of the voter to whom the mail ballot is issued, his or her precinct or district and his or her political affiliation, if any, unless all the offices on the mail ballot are nonpartisan offices;
κ2023 Statutes of Nevada, Page 3305 (CHAPTER 511, AB 192)κ
(c) The number of the mail ballot; and
(d) Any remarks the county clerk finds appropriate.
5. The Secretary of State shall prescribe:
(a) The form of all envelopes in which mail ballots are sent to voters and return envelopes, which must, except as otherwise provided in paragraph (b), be uniform throughout the State; and
(b) A method for distinguishing the return envelopes of each county which must be prominently displayed on the outside of the return envelope.
Sec. 2. NRS 293.361 is hereby amended to read as follows:
293.361 1. During the time a polling place for early voting is open for voting, a person may not electioneer for or against any candidate, measure or political party in or within 100 feet from the entrance to the voting area.
2. During the period of early voting, the county clerk shall keep continuously posted:
(a) At the entrance to the room or area, as applicable, in which the polling place for early voting is located a sign on which is printed in large letters Polling Place for Early [Voting; and] Voting.
(b) At the outer limits of the area within which electioneering is prohibited, [a] at least one sign on which is printed in large letters Distance Marker: No electioneering between this point and the entrance to the polling place. The county clerk shall ensure that any sign posted pursuant to this paragraph is:
(1) At least 17 inches by 11 inches in size;
(2) Placed on a window or door of the polling place or a freestanding sign; and
(3) Visible to a person approaching the outer limits of the area within which electioneering is prohibited.
3. Ropes or other suitable objects may be used at the polling place to ensure compliance with this section. Persons who are not expressly permitted by law to be in a polling place must be excluded from the polling place to the extent practicable.
4. Any person who willfully violates the provisions of this section is guilty of a gross misdemeanor.
Sec. 2.5. NRS 293.394 is hereby amended to read as follows:
293.394 1. The Secretary of State shall adopt regulations for conducting a risk-limiting audit of an election, which may include, without limitation:
(a) Procedures to conduct a risk-limiting audit;
(b) Criteria for which elections must be audited; and
(c) Criteria to determine the scope of the risk-limiting audit.
2. In accordance with the regulations adopted by the Secretary of State pursuant to this section, each county clerk shall conduct a risk-limiting audit of the results of an election . [prior to the certification of the results of the election pursuant to NRS 293.395.]
3. As used in this section, risk-limiting audit means an audit protocol that:
(a) Makes use of statistical principles and methods; and
(b) Is designed to limit the risk of certifying an incorrect election outcome.
κ2023 Statutes of Nevada, Page 3306 (CHAPTER 511, AB 192)κ
Sec. 2.6. NRS 293.403 is hereby amended to read as follows:
293.403 1. [A] Except as otherwise provided in section 1.3 of this act, a candidate defeated at any election may demand and receive a recount of the vote for the office for which he or she is a candidate to determine the number of votes received for the candidate and the number of votes received for the person who won the election if, within 3 working days after the canvass of the vote and the certification by the county clerk or city clerk of the abstract of votes, the candidate who demands the recount:
(a) Files in writing a demand with the officer with whom the candidate filed his or her declaration of candidacy; and
(b) Deposits in advance the estimated costs of the recount with that officer.
2. Any voter at an election may demand and receive a recount of the vote for a ballot question if, within 3 working days after the canvass of the vote and the certification by the county clerk or city clerk of the abstract of votes, the voter:
(a) Files in writing a demand with:
(1) The Secretary of State, if the demand is for a recount of a ballot question affecting more than one county; or
(2) The county or city clerk who will conduct the recount, if the demand is for a recount of a ballot question affecting only one county or city; and
(b) Deposits in advance the estimated costs of the recount with the person to whom the demand was made.
3. The estimated costs of the recount must be determined by the person with whom the advance is deposited based on regulations adopted by the Secretary of State defining the term costs.
4. As used in this section, canvass means:
(a) In any primary election, the canvass by the board of county commissioners of the returns for a candidate or ballot question voted for in one county or the canvass by the board of county commissioners last completing its canvass of the returns for a candidate or ballot question voted for in more than one county.
(b) In any primary city election, the canvass by the city council of the returns for a candidate or ballot question voted for in the city.
(c) In any general election:
(1) The canvass by the Supreme Court of the returns for a candidate for a statewide office or a statewide ballot question; or
(2) The canvass of the board of county commissioners of the returns for any other candidate or ballot question, as provided in paragraph (a).
(d) In any general city election, the canvass by the city council of the returns for a candidate or ballot question voted for in the city.
Sec. 2.7. NRS 293.404 is hereby amended to read as follows:
293.404 1. Where a recount is demanded pursuant to the provisions of NRS 293.403 [,] or section 1.3 of this act, the:
(a) County clerk of each county affected by the recount shall employ a recount board to conduct the recount in the county, and shall act as chair of the recount board unless the recount is for the office of county clerk, in which case the registrar of voters of the county, if a registrar of voters has been appointed for the county, shall act as chair of the recount board. If a registrar of voters has not been appointed for the county, the chair of the board of county commissioners, if the chair is not a candidate on the ballot, shall act as chair of the recount board.
κ2023 Statutes of Nevada, Page 3307 (CHAPTER 511, AB 192)κ
shall act as chair of the recount board. If the recount is for the office of county clerk, a registrar of voters has not been appointed for the county and the chair of the board of county commissioners is a candidate on the ballot, the chair of the board of county commissioners shall appoint another member of the board of county commissioners who is not a candidate on the ballot to act as chair of the recount board. A member of the board of county commissioners who is a candidate on the ballot may not serve as a member of the recount board.
(b) City clerk shall employ a recount board to conduct the recount in the city, and shall act as chair of the recount board unless the recount is for the office of city clerk, in which case the mayor of the city, if the mayor is not a candidate on the ballot, shall act as chair of the recount board. If the recount is for the office of city clerk and the mayor of the city is a candidate on the ballot, the mayor of the city shall appoint another member of the city council who is not a candidate on the ballot to act as chair of the recount board. A member of the city council who is a candidate on the ballot may not serve as a member of the recount board.
2. Each candidate for the office affected by the recount and the voter who demanded the recount, if any, may be present in person or by an authorized representative, but may not be a member of the recount board.
3. The recount must include a count and inspection of all ballots, including rejected ballots, and must determine whether all ballots are marked as required by law. All ballots must be recounted in the same manner in which the ballots were originally tabulated.
4. The county or city clerk shall unseal and give to the recount board all ballots to be counted.
5. The Secretary of State may adopt regulations to carry out the provisions of this section.
Sec. 2.8. NRS 293.405 is hereby amended to read as follows:
293.405 1. If the person who demanded the recount does not prevail, and it is found that the sum deposited was less than the cost of the recount, the person shall, upon demand, pay the deficiency to the county clerk, city clerk or Secretary of State, as the case may be. If the sum deposited is in excess of the cost, the excess must be refunded to the person.
2. If the person who demanded the recount prevails, the sum deposited with the Secretary of State, county clerk or city clerk must be refunded to the person and the cost of the recount must be paid as follows:
(a) If the recount concerns an office or ballot question for which voting is not statewide, the cost must be borne by the county or city which conducted the recount.
(b) If the recount concerns an office or ballot question for which voting is statewide, the clerk of each county shall submit a statement of its costs in the recount to the Secretary of State for review and approval. The Secretary of State shall submit the statements to the State Board of Examiners, which shall repay the allowable costs from the Reserve for Statutory Contingency Account to the respective counties.
3. [Each] Except as otherwise provided in section 1.3 of this act, each recount must be commenced within 5 days after demand, and must be completed within 5 days after it is begun.
4. After the recount of a precinct is completed, that precinct must not be subject to another recount for the same office or ballot question at the same election.
κ2023 Statutes of Nevada, Page 3308 (CHAPTER 511, AB 192)κ
Sec. 2.83. NRS 293.407 is hereby amended to read as follows:
293.407 1. A candidate at any election, or any registered voter of the appropriate political subdivision, may contest the election of any candidate, except for the office of United States Senator or Representative in Congress.
2. Except where the contest involves the general election for the office of Governor, Lieutenant Governor, Assemblyman, Assemblywoman, State Senator, justice of the Supreme Court or judge of the Court of Appeals, a candidate or voter who wishes to contest an election, including election to the office of presidential elector, must, within the time prescribed in NRS 293.413 [,] or section 1.3 of this act, file with the clerk of the district court a written statement of contest, setting forth:
(a) The name of the contestant and that the contestant is a registered voter of the political subdivision in which the election to be contested or part of it was held;
(b) The name of the defendant;
(c) The office to which the defendant was declared elected;
(d) The particular grounds of contest and the section of Nevada Revised Statutes pursuant to which the statement is filed; and
(e) The date of the declaration of the result of the election and the body or board which canvassed the returns thereof.
3. The contestant shall verify the statement of contest in the manner provided for the verification of pleadings in civil actions.
4. All material regarding a contest filed by a contestant with the clerk of the district court must be filed in triplicate.
5. The contestant must notify the defendant that a statement of contest has been filed pursuant to this section.
Sec. 2.85. NRS 293.413 is hereby amended to read as follows:
293.413 1. [The] Except as otherwise provided in section 1.3 of this act, the statement of contest provided for in NRS 293.407 shall be filed with the clerk of the district court no later than 5 days after a recount is completed, and no later than 14 days after the election if no recount is demanded. The parties to a contest shall be denominated contestant and defendant.
2. [The] Except as otherwise provided in section 1.3 of this act, the court shall set the matter for hearing not less than 5 days nor more than 10 days after the filing of the statement of contest. Election contests shall take precedence over all regular business of the court in order that results of elections shall be determined as soon as practicable.
3. The court may refer the contest to a special master in the manner provided by the Nevada Rules of Civil Procedure, and such special master shall have all powers necessary for a proper determination of the contest.
Sec. 3. NRS 293.740 is hereby amended to read as follows:
293.740 1. Except as otherwise provided in subsection [2,] 3, it is unlawful inside a polling place or within 100 feet from the entrance to the building or other structure in which a polling place is located:
(a) For any person to solicit a vote or speak to a voter on the subject of marking the voters ballot.
(b) For any person, including an election board officer, to do any electioneering on election day.
κ2023 Statutes of Nevada, Page 3309 (CHAPTER 511, AB 192)κ
Κ The county clerk or registrar of voters shall ensure that, at the outer limits of the area within which electioneering is prohibited, notices are continuously posted on which are printed in large letters Distance Marker: No electioneering between this point and the entrance to the polling place.
2. The county clerk shall ensure that any notice posted pursuant to subsection 1 is:
(a) At least 17 inches by 11 inches in size;
(b) Placed on a window or door of the polling place or a freestanding sign; and
(c) Visible to a person approaching the outer limits of the area within which electioneering is prohibited pursuant to subsection 1.
3. The provisions of [subsection] subsections 1 and 2 do not apply to the conduct of a person in a private residence or on commercial or residential property that is within 100 feet from the entrance to a building or other structure in which a polling place is located. The provisions of subsection 1 are not intended to prohibit a person from voting solely because he or she is wearing a prohibited political insigne and is reasonably unable to remove the insigne or cover it. In such a case, the election board officer shall take such action as is necessary to allow the voter to vote as expediently as possible and then assist the voter in exiting the polling place as soon as is possible.
[3.] 4. Any person who violates any provision of this section is guilty of a gross misdemeanor.
[4.] 5. As used in this section, electioneering means campaigning for or against a candidate, ballot question or political party by:
(a) Posting signs relating to the support of or opposition to a candidate, ballot question or political party;
(b) Distributing literature relating to the support of or opposition to a candidate, ballot question or political party;
(c) Using loudspeakers to broadcast information relating to the support of or opposition to a candidate, ballot question or political party;
(d) Buying, selling, wearing or displaying any badge, button or other insigne which [is designed or tends to aid or promote the success or defeat of] expressly refers to any political party or a candidate or ballot question to be voted upon at that election; or
(e) Soliciting signatures to any kind of petition.
Sec. 3.5. NRS 293.755 is hereby amended to read as follows:
293.755 1. A person who tampers or interferes with, or attempts to tamper or interfere with, a mechanical voting system, mechanical voting device or any computer program used to [count ballots] conduct an election with the intent to prevent the proper operation of that device, system or program is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. A person who tampers or interferes with, or attempts to tamper or interfere with, a mechanical voting system, mechanical voting device or any computer program used to [count ballots] conduct an election with the intent to influence the outcome of an election is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.
3. The county or city clerk shall report any alleged violation of this section to the district attorney who shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
κ2023 Statutes of Nevada, Page 3310 (CHAPTER 511, AB 192)κ
Sec. 3.7. NRS 293B.400 is hereby amended to read as follows:
293B.400 1. Except as otherwise provided in this section, if a recount is demanded pursuant to the provisions of NRS 293.403 or section 1.3 of this act or if an election is contested pursuant to NRS 293.407 [,] or section 1.3 of this act, the county or city clerk shall ensure that each mechanical recording device which directly recorded votes electronically for the applicable election provides a record printed on paper of each ballot voted on that device.
2. In carrying out the requirements of this section, the county or city clerk shall:
(a) Print only the records required for the recount or contest; and
(b) Collect those records and deposit them in the vaults of the county or city clerk pursuant to NRS 293.391 or 293C.390.
Sec. 4. NRS 293C.26312 is hereby amended to read as follows:
293C.26312 1. Except as otherwise provided in subsection 2, NRS 293C.263 and chapter 293D of NRS, the city clerk shall send to each active registered voter by first-class mail, or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed:
(a) A mail ballot;
(b) A return envelope;
(c) An envelope or sleeve into which the mail ballot is inserted to ensure its secrecy; and
(d) Instructions.
2. In sending a mail ballot to an active registered voter, the city clerk shall use an envelope that may not be forwarded to an address of the voter that is different from the address to which the mail ballot is mailed.
3. The return envelope must include postage prepaid by first-class mail if the active registered voter is within the boundaries of the United States, its territories or possessions or on a military base.
4. Before sending a mail ballot to an active registered voter, the city clerk shall record:
(a) The date the mail ballot is issued;
(b) The name of the voter to whom the mail ballot is issued, his or her precinct or district and his or her political affiliation, if any, unless all the offices on the mail ballot are nonpartisan offices;
(c) The number of the mail ballot; and
(d) Any remarks the city clerk finds appropriate.
5. The Secretary of State shall prescribe:
(a) The form of all envelopes in which mail ballots are sent to voters and return envelopes, which must, except as otherwise provided in paragraph (b), be uniform throughout the State; and
(b) A method for distinguishing the return envelopes of each city which must be prominently displayed on the outside of the return envelope.
Sec. 5. NRS 293C.361 is hereby amended to read as follows:
293C.361 1. During the time a polling place for early voting is open for voting, a person may not electioneer for or against any candidate, measure or political party in or within 100 feet from the entrance to the voting area.
2. During the period of early voting, the city clerk shall keep continuously posted:
κ2023 Statutes of Nevada, Page 3311 (CHAPTER 511, AB 192)κ
(a) At the entrance to the room or area, as applicable, in which the polling place for early voting is located, a sign on which is printed in large letters Polling Place for Early [Voting; and] Voting.
(b) At the outer limits of the area within which electioneering is prohibited, [a] at least one sign on which is printed in large letters Distance Marker: No electioneering between this point and the entrance to the polling place. The city clerk shall ensure that any sign posted pursuant to this paragraph is:
(1) At least 17 inches by 11 inches in size;
(2) Placed on a window or door of the polling place or a freestanding sign; and
(3) Visible to a person approaching the outer limits of the area within which electioneering is prohibited.
3. Ropes or other suitable objects may be used at the polling place to ensure compliance with this section. Persons who are not expressly permitted by law to be in a polling place must be excluded from the polling place to the extent practicable.
4. Any person who willfully violates the provisions of this section is guilty of a gross misdemeanor.
Sec. 5.1. NRS 293D.090 is hereby amended to read as follows:
293D.090 Uniformed-service voter means an elector who is:
1. A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps , [or] Coast Guard or Space Force of the United States who is on active duty;
2. A member of the Merchant Marine, the Commissioned Corps of the Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States;
3. A member of the National Guard or state militia unit who is on activated status; or
4. A spouse or dependent of a person described in subsection 1, 2 or 3.
Sec. 5.2. Section 36 of chapter 555, Statutes of Nevada 2021, at page 3876, is hereby amended to read as follows:
Sec. 36. 1. This section becomes effective upon passage and approval.
2. Sections 32.3 and 32.7 of this act become effective on July 1, 2021.
3. Sections 1 to 32, inclusive, and 33, 34 and 35 of this act become effective:
(a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, [2024,] 2025, for all other purposes.
Sec. 5.3. 1. There is hereby appropriated from the State General Fund to the Office of the Secretary of State to enter into one or more contracts pursuant to section 1 of this act for the purchase of ballots, including, without limitation, mail ballots and return envelopes, the following sums:
For the Fiscal Year 2023-2024................................................. $7,805,011
For the Fiscal Year 2024-2025................................................. $3,902,506
κ2023 Statutes of Nevada, Page 3312 (CHAPTER 511, AB 192)κ
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
Sec. 5.5. Notwithstanding the provisions of section 1.1 of this act, a board of county commissioners or governing body of an incorporated city that elects to use the ballots, including, without limitation, mail ballots, and return envelopes purchased by the Secretary of State in accordance with the contract or contracts entered into pursuant to section 1.1 of this act for all statewide and local elections that are held in 2024 pursuant to title 24 of NRS shall notify the Secretary of State in writing not less than 6 months before the date of the presidential preference primary election held on February 6th, 2024.
Sec. 6. 1. This section and sections 1, 1.1 and 5.5 of this act become effective upon passage and approval.
2. Sections 1.3, 2.6 to 2.85, inclusive, 3.5, 3.7 and 5.1-5.3, inclusive, of this act become effective on July 1, 2023.
3. Sections 1.5, 2, 2.5, 3, 4 and 5 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
________
κ2023 Statutes of Nevada, Page 3313κ
Assembly Bill No. 195Assemblywoman Hardy
CHAPTER 512
[Approved: June 15, 2023]
AN ACT relating to offenders; requiring the Department of Motor Vehicles to waive the fee for the administration of the examination required for the issuance of a noncommercial drivers license for certain persons released from prison; requiring the Department to waive any fee that would otherwise be imposed against a person for the late renewal of a drivers license if the late renewal resulted from the person being incarcerated; requiring the Department to reinstate free of charge a drivers license or to provide an original or renewal drivers license or an original or renewal identification card to certain persons released from prison in certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the waiver of: (1) certain fees for furnishing a duplicate drivers license or a duplicate identification card to a person who was released from prison, a county, city or town jail or a detention facility within the 90 days immediately preceding the persons application for the drivers license or identification card; and (2) the cost of producing a photograph for a drivers license or an identification card. The person must reimburse the Department of Motor Vehicles for certain portions of the fee if the vendor who produces the photograph of the person for the license or identification card does not waive the cost it charges the Department to produce the photograph. (NRS 483.417, 483.825) Section 3 of this bill requires the Department to waive the fees for: (1) furnishing an original or renewal drivers license; (2) reinstating a drivers license; and (3) producing a photograph for a drivers license, including any reimbursement, if a person submits documentation verifying the person was released from prison within the year immediately preceding the persons application for a drivers license. Section 3.5 of this bill requires the Department to waive the fees for: (1) furnishing an original identification card or for renewing an identification card; and (2) producing a photograph for an identification card, including any reimbursement, if a person submits documentation verifying the person was released from prison within the year immediately preceding the persons application for an identification card.
Existing law authorizes the Department to require applicants for a drivers license to submit to an examination. (NRS 483.330) The fee for administration of the examination for a noncommercial drivers license is $25. (NRS 483.410) Section 1 of this bill requires the Department to waive the fee for the examination not more than one time for a person who submits documentation verifying the person was released from prison within the immediately preceding year.
Under existing law, if the holder of a Nevada drivers license allows the license to expire for a period of 30 days or more, the person is required to pay a penalty of $10 when renewing the license. (NRS 483.386, 483.410) Existing law provides an exception to this penalty to a person whose license expires during a period of suspension, but only if the person completes a renewal application within 30 days after the date of eligibility for renewal. (NRS 483.386) Section 2 of this bill provides an additional exception to the penalty for any person whose license expires during a period of incarceration, if the person submits documentation verifying the person was released from prison within the immediately preceding year and the person completes a renewal application within 1 year after his or her release.
κ2023 Statutes of Nevada, Page 3314 (CHAPTER 512, AB 195)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.330 is hereby amended to read as follows:
483.330 1. The Department may require every applicant for a drivers license, including a commercial drivers license issued pursuant to NRS 483.900 to 483.940, inclusive, to submit to an examination. The examination may include:
(a) A test of the applicants ability to understand official devices used to control traffic;
(b) A test of the applicants knowledge of practices for safe driving and the traffic laws of this State;
(c) Except as otherwise provided in subsection 2, a test of the applicants eyesight; and
(d) Except as otherwise provided in subsection 3, an actual demonstration of the applicants ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicle for which he or she is to be licensed.
Κ The examination may also include such further physical and mental examination as the Department finds necessary to determine the applicants fitness to drive a motor vehicle safely upon the highways. If the Department requires an applicant to submit to a test specified in paragraph (b), the Department shall ensure that the test includes at least one question testing the applicants knowledge of the provisions of NRS 484B.165.
2. The Department may provide by regulation for the acceptance of a report from an ophthalmologist, optician, optometrist, physician or advanced practice registered nurse in lieu of an eye test by a drivers license examiner.
3. If the Department establishes a type or classification of drivers license to operate a motor vehicle of a type which is not normally available to examine an applicants ability to exercise ordinary and reasonable control of such a vehicle, the Department may, by regulation, provide for the acceptance of an affidavit from a:
(a) Past, present or prospective employer of the applicant; or
(b) Local joint apprenticeship committee which had jurisdiction over the training or testing, or both, of the applicant,
Κ in lieu of an actual demonstration.
4. The Department may waive an examination pursuant to subsection 1 for a person applying for a Nevada drivers license who possesses a valid drivers license of the same type or class issued by another jurisdiction unless that person:
(a) Has not attained 21 years of age, except that the Department may, based on the driving record of the applicant, waive the examination to demonstrate the applicants ability to exercise ordinary and reasonable
κ2023 Statutes of Nevada, Page 3315 (CHAPTER 512, AB 195)κ
control in the operation of a motor vehicle of the same type or class of vehicle for which he or she is to be licensed;
(b) Has had his or her license or privilege to drive a motor vehicle suspended, revoked or cancelled or has been otherwise disqualified from driving during the immediately preceding 4 years;
(c) Has been convicted of a violation of NRS 484C.130 or, during the immediately preceding 7 years, of a violation of NRS 484C.110, 484C.120 or 484C.430 or a law of any other jurisdiction that prohibits the same or similar conduct;
(d) Has restrictions to his or her drivers license which the Department must reevaluate to ensure the safe driving of a motor vehicle by that person;
(e) Has had three or more convictions of, or findings by a court of having committed, moving traffic violations on his or her driving record during the immediately preceding 4 years; or
(f) Has been convicted of any of the offenses related to the use or operation of a motor vehicle which must be reported pursuant to the provisions of Part 1327 of Title 23 of the Code of Federal Regulations relating to the National Driver Register Problem Driver Pointer System during the immediately preceding 4 years.
5. The Department shall waive the fee prescribed by NRS 483.410 not more than one time for administration of the examination required pursuant to this section for [a] :
(a) A homeless child or youth under the age of 25 years who submits a signed affidavit on a form prescribed by the Department stating that the child or youth is homeless and under the age of 25 years.
(b) A person who submits documentation from the Department of Corrections verifying that the person was released from prison within the immediately preceding year.
6. As used in this section, homeless child or youth has the meaning ascribed to it in 42 U.S.C. § 11434a.
Sec. 2. NRS 483.386 is hereby amended to read as follows:
483.386 All persons whose licenses have expired may be required by the Department, whenever good cause appears, to take all or part of the regular examinations as set forth in NRS 483.330. All persons whose licenses have expired for a period of 30 days or more shall pay to the Department the penalty provided in NRS 483.410 in addition to the cost of renewing the license except that the following persons are exempt from this penalty:
1. A person who has not driven a motor vehicle after the expiration of his or her Nevada drivers license and who submits an affidavit stating that fact;
2. A person renewing an expired Nevada drivers license who possesses a valid drivers license from another jurisdiction;
3. A person whose Nevada drivers license expires during a period of suspension if the person completes a renewal application within 30 days after the date of eligibility for renewal;
κ2023 Statutes of Nevada, Page 3316 (CHAPTER 512, AB 195)κ
4. A person whose Nevada drivers license expires while the person is on active duty with any branch of the Armed Forces, if the person completes a renewal application within 30 days after his or her discharge; [and]
5. A person whose Nevada drivers license expires while the person was a member of the military deployed to a combat or combat supporting position. As used in this subsection, military means the Armed Forces of the United States, a reserve component thereof or the National Guard [.] ; and
6. A person whose Nevada drivers license expires while the person is serving a period of incarceration, if the person submits documentation from the Department of Corrections verifying that the person was released from prison within the immediately preceding year and the person completes a renewal application within 1 year after his or her release.
Sec. 3. NRS 483.417 is hereby amended to read as follows:
483.417 1. Except as otherwise provided in subsection [4,] 5, the Department shall waive the fee prescribed by NRS 483.410 and the increase in the fee required by NRS 483.347 not more than one time for furnishing a duplicate drivers license to:
(a) A homeless person who submits a signed affidavit on a form prescribed by the Department stating that the person is homeless.
(b) A person who submits documentation from the Department of Corrections verifying that the person was released from prison within the immediately preceding [90 days.] year.
(c) A person who submits documentation from a county, city or town jail or detention facility verifying that the person was released from the county, city or town jail or detention facility, as applicable, within the immediately preceding 90 days.
2. The Department shall waive the fee prescribed by NRS 483.410 and the increase in the fee required by NRS 483.347 not more than one time for:
(a) Furnishing an original or renewal drivers license to; or
(b) The reinstating after suspension, revocation or cancellation of the drivers license of,
Κ a person who submits documentation from the Department of Corrections verifying that the person was released from prison within the immediately preceding year.
3. A vendor that has entered into an agreement with the Department to produce photographs for drivers licenses pursuant to NRS 483.347 may waive the cost it charges the Department to produce the photograph of [a] :
(a) A homeless person or person released from prison or a county, city or town jail or detention facility for a duplicate drivers license [.] ; or
(b) A person released from prison for an original or renewal drivers license or for the reinstatement of a drivers license.
[3.] 4. Except as otherwise provided in subsection [4,] 5, if the vendor does not waive pursuant to subsection [2] 3 the cost it charges the Department and the Department has waived the increase in the fee required
κ2023 Statutes of Nevada, Page 3317 (CHAPTER 512, AB 195)κ
by NRS 483.347 for a duplicate drivers license furnished to a person pursuant to subsection 1, the person shall reimburse the Department in an amount equal to the increase in the fee required by NRS 483.347 if the person:
(a) Applies to the Department for the renewal of his or her drivers license; and
(b) Is employed at the time of such application.
[4.] 5. The Department shall waive the fee prescribed by NRS 483.410, the increase in the fee required by NRS 483.347 and the reimbursement required by subsection [3] 4 not more than one time for furnishing [an] :
(a) An original drivers license or a duplicate drivers license to a homeless child or youth under the age of 25 years who submits a signed affidavit on a form prescribed by the Department stating that the child or youth is homeless and under the age of 25 years.
(b) An original or renewal drivers license to or reinstating the drivers license of a person who submits documentation from the Department of Corrections verifying that the person was released from prison within the immediately preceding year.
[5.] 6. The Department may accept gifts, grants and donations of money to fund the provision of original , renewal and duplicate drivers licenses or the reinstatement of drivers licenses without a fee to persons pursuant to subsections 1 , 2 and [4.] 5.
[6.] 7. As used in this section, homeless child or youth has the meaning ascribed to it in 42 U.S.C. § 11434a.
Sec. 3.5. NRS 483.825 is hereby amended to read as follows:
483.825 1. Except as otherwise provided in subsection [4,] 5, the Department shall waive the fee prescribed by NRS 483.820 and the increase in the fee required by NRS 483.347 not more than one time for furnishing a duplicate identification card to:
(a) A homeless person who submits a signed affidavit on a form prescribed by the Department stating that the person is homeless.
(b) A person who submits documentation from the Department of Corrections verifying that the person was released from prison within the immediately preceding [90 days.] year.
(c) A person who submits documentation from a county, city or town jail or detention facility verifying that the person was released from the county, city or town jail, as applicable, within the immediately preceding 90 days.
2. The Department shall waive the fee prescribed by NRS 483.820 and the increase in the fee required by NRS 483.347 not more than one time for furnishing an original identification card or a renewal of an identification card to a person who submits documentation from the Department of Corrections verifying that the person was released from prison within the immediately preceding year.
3. A vendor that has entered into an agreement with the Department to produce photographs for identification cards pursuant to NRS 483.347 may waive the cost it charges the Department to produce the photograph of [a] :
κ2023 Statutes of Nevada, Page 3318 (CHAPTER 512, AB 195)κ
(a) A homeless person or person released from prison, a county, city or town jail or detention facility for a duplicate identification card [.] ; or
(b) A person released from prison for an original identification card or for the renewal of an identification card.
[3.] 4. Except as otherwise provided in subsection [4,] 5, if the vendor does not waive pursuant to subsection [2] 3 the cost it charges the Department and the Department has waived the increase in the fee required by NRS 483.347 for a duplicate identification card furnished to a person pursuant to subsection 1, the person shall reimburse the Department in an amount equal to the increase in the fee required by NRS 483.347 if the person:
(a) Applies to the Department for the renewal of his or her identification card; and
(b) Is employed at the time of such application.
[4.] 5. The Department shall waive the fee prescribed by NRS 483.820, the increase in the fee required by NRS 483.347 and the reimbursement required by subsection [3] 4 not more than one time for furnishing [an] :
(a) An original identification card or a duplicate identification card to a homeless child or youth less than 25 years of age who submits a signed affidavit on a form prescribed by the Department stating that the child or youth is homeless and less than 25 years of age.
(b) An original identification card or for renewing an identification card to a person who submits documentation from the Department of Corrections verifying that the person was released from prison within the immediately preceding year.
[5.] 6. The Department may accept gifts, grants and donations of money to fund the provision of original , renewal and duplicate identification cards without a fee to persons pursuant to subsections 1 , 2 and [4.] 5.
[6.] 7. As used in this section:
(a) Homeless child or youth has the meaning ascribed to it in 42 U.S.C. § 11434a.
(b) Photograph has the meaning ascribed to it in NRS 483.125.
Sec. 4. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 3319κ
Assembly Bill No. 147Assemblywoman Marzola
CHAPTER 513
[Approved: June 15, 2023]
AN ACT relating to dentistry; requiring dental hygienists and dental therapists to comply with certain requirements governing the provision of health care; requiring providers of dental care to receive training on teledentistry before providing services through teledentistry; prescribing certain requirements relating to the secure storage of electronic records; providing for the issuance of special endorsements for a dentist, dental hygienist or dental therapist to administer immunizations; imposing certain requirements relating to the administration of immunizations by the holder of such an endorsement; requiring a dentist or dental hygienist to refer a minor to a dental home when appropriate; deeming certain conduct by a provider of dental care to be unprofessional conduct; authorizing the imposition of disciplinary action against a dentist, dental hygienist or dental therapist for certain violations; requiring hospitals and issuers of Medicaid managed care plans to take certain measures to ensure access by recipients of Medicaid to teledentistry; imposing certain requirements relating to the provision of services through teledentistry; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law defines the term provider of health care as a person who practices certain professions related to the provision of health care. (NRS 629.031) Existing law imposes certain requirements upon providers of health care, including requirements for billing, standards for advertisements and criminal penalties for acquiring certain debts. (NRS 629.071, 629.076, 629.078) Section 1 of this bill includes dental hygienists and dental therapists in the definition of provider of health care, thereby subjecting dental hygienists and dental therapists to those requirements.
Existing law defines the term telehealth to mean the delivery of services from a provider of health care to a patient at a different location through the use of information and audio-visual communication technology, not including facsimile or electronic mail. (NRS 629.515) Section 5 of this bill defines the term teledentistry to mean the use of telehealth by a dentist, dental hygienist or dental therapist to facilitate the diagnosis, treatment, education, care management and self-management of or consultation with a patient. Sections 3, 4 and 6 of this bill define certain other terms related to teledentistry. Section 20 of this bill makes a conforming change to indicate the proper placement of sections 3-6 in the Nevada Revised Statutes.
Section 7 of this bill requires a person who provides services through teledentistry to a patient located in this State to be licensed in this State as a dentist, dental hygienist or dental therapist, to have completed certain training and to adhere to the applicable laws, regulations and standards of care to the same extent as when providing services in person. Section 8 of this bill requires a dentist, dental hygienist or dental therapist who provides services through teledentistry to patients in this State to be insured against liabilities arising from dental services provided through teledentistry. Section 9 of this bill authorizes the use of teledentistry for certain purposes relating to the provision of a diagnosis. Section 10 of this bill requires a dentist, dental hygienist or dental therapist to establish a bona fide relationship with a patient, confirm certain facts about a patient and obtain informed consent before providing services through teledentistry.
κ2023 Statutes of Nevada, Page 3320 (CHAPTER 513, AB 147)κ
providing services through teledentistry. Section 10 also requires a dentist, dental hygienist or dental therapist to provide certain information to a patient receiving services through teledentistry concerning the license and practice of the dentist, dental hygienist or dental therapist before providing the services and upon request of a patient. Section 11 of this bill requires a dentist, dental hygienist or dental therapist to: (1) use communications technology that complies with certain federal requirements relating to the privacy of information relating to patients when providing services through teledentistry; and (2) create a complete record of each encounter with a patient through teledentistry. Section 12 of this bill imposes certain requirements to ensure that adequate, in-person care is available to a patient who receives services through teledentistry, if needed. Section 13 of this bill requires the Board of Dental Examiners of Nevada to adopt regulations governing teledentistry. Section 40.5 of this bill requires the Board to report to the Joint Interim Standing Committee on Commerce and Labor on or before January 1, 2024, concerning the adoption of those regulations.
Sections 21 and 40 of this bill require an applicant for a license to practice dentistry, dental therapy or dental hygiene or the holder of such a license who intends to provide services through teledentistry to complete certain training on teledentistry. Section 22 of this bill makes a conforming change to revise a reference to the section of existing law amended by section 21. Section 24 of this bill requires the Board to adopt regulations prescribing specific criteria for the accreditation of a course in teledentistry.
Section 14 of this bill prescribes certain requirements for the secure storage of electronic information concerning patients.
Section 25 of this bill provides that it is unprofessional conduct for which the Board is authorized to impose disciplinary action if a dentist, dental hygienist or dental therapist: (1) fails to actively involve a patient in decisions relating to his or her treatment; (2) requires a patient to enter into an agreement that restricts the ability of the patient to submit a complaint to the Board; (3) fails to review certain radiographs before an initial diagnosis and correction of malpositions of teeth or the initial use of orthodontic appliances; or (4) fails to provide the information required by section 10.
Sections 30, 38 and 39 of this bill require hospitals and issuers of plans that provide coverage to recipients of Medicaid, including managed care plans, to take certain measures to improve the access of recipients of Medicaid to teledentistry. Sections 31-37 of this bill make conforming changes to indicate the proper placement of section 30 in the Nevada Revised Statutes and provide for the enforcement of the requirements of section 30. Section 19.5 of this bill requires a dentist, dental therapist or dental hygienist performing an initial dental examination, screening or assessment on a minor to refer the minor or his or her parent or guardian to a dental home if appropriate.
Existing law authorizes, in general, a dental hygienist or dental therapist to perform only the tasks authorized by a licensed dentist. (NRS 631.310, 631.3122) Section 15 of this bill requires the Board to issue to a licensed dentist, dental hygienist or dental therapist a special endorsement to administer immunizations only if the licensed dentist, dental hygienist or dental therapist completes a course of training in the administration of immunizations that is approved by the Board. Section 24 prescribes the continuing education required to maintain such an endorsement.
Section 17 of this bill requires a dentist who holds a special endorsement to administer immunizations issued pursuant to section 15 and who administers immunizations, or under whose authorization a dental hygienist or dental therapist administers immunizations, to: (1) issue or obtain from certain persons a standing order for the administration of the immunizations; (2) establish certain policies and procedures relating to the administration of immunizations; and (3) comply with the instructions of the manufacturer of an immunization and certain federal guidelines for administering immunizations. Section 18 of this bill requires a dentist, dental hygienist or dental therapist to: (1) provide certain information to the patient, obtain the informed written consent of the patient and review the medical history of the patient before administering an immunization; and (2) thereafter, act in conformance with the conclusions of a physician, physician assistant or advanced practice registered nurse regarding the advisability of administering an immunization to a patient.
κ2023 Statutes of Nevada, Page 3321 (CHAPTER 513, AB 147)κ
the informed written consent of the patient and review the medical history of the patient before administering an immunization; and (2) thereafter, act in conformance with the conclusions of a physician, physician assistant or advanced practice registered nurse regarding the advisability of administering an immunization to a patient. Section 19 of this bill requires a dentist, dental hygienist or dental therapist who holds a special endorsement to administer immunizations to maintain certain records of the administration of immunizations. Section 25 provides that it is unprofessional conduct, for which the Board is authorized to impose disciplinary action, for a dentist, dental hygienist or dental therapist to: (1) administer an immunization without the proper special endorsement; or (2) fail to comply with existing requirements to report certain information relating to immunizations. The Board would also be authorized under existing law to impose disciplinary action against a dentist, dental hygienist or dental therapist who willfully or repeatedly violates other provisions of this bill governing the administration of immunizations. (NRS 631.3485)
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 629.031 is hereby amended to read as follows:
629.031 Except as otherwise provided by a specific statute:
1. Provider of health care means:
(a) A physician licensed pursuant to chapter 630, 630A or 633 of NRS;
(b) A physician assistant;
(c) A dentist;
(d) A dental therapist;
(e) A dental hygienist;
(f) A licensed nurse;
[(e)] (g) A person who holds a license as an attendant or who is certified as an emergency medical technician, advanced emergency medical technician or paramedic pursuant to chapter 450B of NRS;
[(f)] (h) A dispensing optician;
[(g)] (i) An optometrist;
[(h)] (j) A speech-language pathologist;
[(i)] (k) An audiologist;
[(j)] (l) A practitioner of respiratory care;
[(k)] (m) A licensed physical therapist;
[(l)] (n) An occupational therapist;
[(m)] (o) A podiatric physician;
[(n)] (p) A licensed psychologist;
[(o)] (q) A licensed marriage and family therapist;
[(p)] (r) A licensed clinical professional counselor;
[(q)] (s) A music therapist;
[(r)] (t) A chiropractic physician;
[(s)] (u) An athletic trainer;
[(t)] (v) A perfusionist;
[(u)] (w) A doctor of Oriental medicine in any form;
[(v)] (x) A medical laboratory director or technician;
[(w)] (y) A pharmacist;
[(x)] (z) A licensed dietitian;
κ2023 Statutes of Nevada, Page 3322 (CHAPTER 513, AB 147)κ
[(y)] (aa) An associate in social work, a social worker, a master social worker, an independent social worker or a clinical social worker licensed pursuant to chapter 641B of NRS;
[(z)] (bb) An alcohol and drug counselor or a problem gambling counselor who is certified pursuant to chapter 641C of NRS;
[(aa)] (cc) An alcohol and drug counselor or a clinical alcohol and drug counselor who is licensed pursuant to chapter 641C of NRS;
[(bb)] (dd) A behavior analyst, assistant behavior analyst or registered behavior technician; or
[(cc)] (ee) A medical facility as the employer of any person specified in this subsection.
2. For the purposes of NRS 629.400 to 629.490, inclusive, the term includes [:
(a) A person who holds a license or certificate issued pursuant to chapter 631 of NRS; and
(b) A] a person who holds a current license or certificate to practice his or her respective discipline pursuant to the applicable provisions of law of another state or territory of the United States.
Sec. 2. Chapter 631 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 19.5, inclusive, of this act.
Sec. 3. Distant site has the meaning ascribed to it in NRS 629.515.
Sec. 4. Originating site has the meaning ascribed to it in NRS 629.515.
Sec. 5. Teledentistry means the use of telehealth by a licensee described in subsection 1 of section 7 of this act who is located at a distant site to facilitate the diagnosis, treatment, education, care management and self-management of or consultation with a patient who is located at an originating site. The term includes, without limitation:
1. Real-time interactions between a patient at an originating site and a licensee at a distant site;
2. The asynchronous transmission of medical and dental information concerning a patient from an originating site to a licensee at a distant site;
3. Interaction between a licensee who is providing dental services to a patient at an originating site and another licensee at an originating site; and
4. Monitoring of a patient at an originating site by a licensee at a distant site.
Sec. 6. Telehealth has the meaning ascribed to it in NRS 629.515.
Sec. 7. 1. A person shall not provide dental services through teledentistry to a patient who is located at an originating site in this State unless the person:
(a) Is licensed to practice dentistry, dental hygiene or dental therapy in this State; and
(b) Has complied with subsection 2 of NRS 631.220.
2. The provisions of this chapter and the regulations adopted thereto, including, without limitation, clinical requirements, ethical standards and requirements concerning the confidentiality of information concerning patients, apply to services provided through teledentistry to the same extent as if such services were provided in person or by other means.
3. A licensee who provides dental services through teledentistry, including, without limitation, providing consultation and recommendations for treatment, issuing a prescription, diagnosing, correcting the position of teeth and using orthodontic appliances, shall provide such services in accordance with the same standards of care and professional conduct as when providing those services in person or by other means.
κ2023 Statutes of Nevada, Page 3323 (CHAPTER 513, AB 147)κ
teeth and using orthodontic appliances, shall provide such services in accordance with the same standards of care and professional conduct as when providing those services in person or by other means.
4. A licensee shall not:
(a) Provide treatment for any condition based solely on the results of an online questionnaire; or
(b) Engage in activity that is outside his or her scope of practice while providing services through teledentistry.
5. Nothing in sections 7 to 13, inclusive, of this act prohibits an organization for dental care or an administrator of a health benefit plan that provides dental coverage from negotiating rates of reimbursement for services provided through teledentistry with a dentist, dental hygienist or dental therapist.
6. As used in this section:
(a) Health benefit plan has the meaning ascribed to it in NRS 695G.019.
(b) Organization for dental care has the meaning ascribed to it in NRS 695D.060.
Sec. 8. A licensee who provides dental services through teledentistry to patients located at an originating site in this State must possess and maintain a policy of professional liability insurance which insures the licensee against any liability arising from the provision of dental services.
Sec. 9. 1. A licensee may:
(a) Use teledentistry to examine an existing patient for the purpose of providing a new diagnosis, or to examine a new patient if the examination is sufficient, in accordance with evidence-based standards of practice, to provide an informed diagnosis.
(b) Collaborate in real time through teledentistry with a person who is not licensed pursuant to this chapter, including, without limitation, a community health worker, provider of health care or student who is enrolled in a program of study in dentistry, dental therapy or dental hygiene, to provide diagnostic services or plan treatment for a dental emergency.
2. As used in this section, provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 10. 1. Except as otherwise provided in this subsection, a licensee must establish a bona fide relationship, as defined by regulation of the Board, with a patient before providing services to the patient through teledentistry. A licensee may establish such a relationship through teledentistry only:
(a) For the purpose of emergent care;
(b) In connection with a public health program; or
(c) To make an initial diagnosis of a malposition of teeth and a determination of the need for an orthodontic appliance. Such an initial diagnosis and determination must be confirmed through an in-person visit before the patient begins using the orthodontic appliance.
2. Before providing services to a patient through teledentistry, a licensee shall:
(a) Confirm the identity of the patient;
(b) If the patient is a minor who is not authorized by law to consent to the services, confirm that the parent or legal guardian of the patient is present;
κ2023 Statutes of Nevada, Page 3324 (CHAPTER 513, AB 147)κ
(c) Confirm that the patient is located in a jurisdiction where the licensee is licensed or otherwise authorized to practice and document the location of the patient in the record of the patient;
(d) Obtain:
(1) Informed verbal or written consent that meets the requirements of subsection 4 from a patient who is an adult or a minor authorized by law to provide consent; or
(2) Informed written consent that meets the requirements of subsection 4 from the parent or guardian of a patient who is a minor and is not authorized by law to provide consent; and
(e) Document the informed consent provided pursuant to paragraph (d) in the record of the patient.
3. Before providing services through teledentistry and upon the request of a patient to whom services are provided through teledentistry, a licensee or any partnership, corporation or other entity through which a licensee provides services shall make available to the patient proof of the identity of the licensee, the telephone number of the licensee, the address at which the licensee practices, the license number of the licensee and any other relevant information concerning the qualifications of the licensee and any other licensee who will be involved in providing the services through teledentistry.
4. Informed consent to the provision of services through teledentistry requires the patient or his or her parent or guardian, as applicable, to be informed of:
(a) The types of services that will be provided through teledentistry and any limitations on the provision of those services through teledentistry;
(b) The information prescribed by subsection 3 for each licensee who will provide services through teledentistry;
(c) Precautions that will be taken in the event of a technological failure or an emergency; and
(d) Any other information prescribed by regulation of the Board.
5. As used in this section:
(a) Emergent care means treatment of pain, infection or any other intraoral or perioral condition which presents immediate harm to the well-being of the patient and for which treatment cannot be postponed.
(b) Public health program means a program approved by the Board or any program administered by:
(1) The Department of Health and Human Services;
(2) A health district; or
(3) A school district.
Sec. 11. A licensee who provides services through teledentistry shall:
1. Use communications technology that complies with Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any regulations adopted pursuant thereto; and
2. Create a complete record of each encounter with a patient through teledentistry and maintain such records in accordance with all applicable federal and state laws and regulations, including, without limitation:
(a) The Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any regulations adopted pursuant thereto;
(b) NRS 629.051 to 629.069, inclusive;
(c) The regulations adopted pursuant to section 13 of this act; and
(d) Section 14 of this act.
κ2023 Statutes of Nevada, Page 3325 (CHAPTER 513, AB 147)κ
Sec. 12. 1. A licensee who provides services through teledentistry must be adequately familiar with the nature and availability of dental care in the geographical area in which the patient is located to ensure that the patient receives appropriate care after the provision of the services.
2. If a licensee is not able to competently provide services through teledentistry, including, without limitation, because the licensee is unable to receive adequate information about the patient, the licensee must notify the patient of that fact and:
(a) Provide the services in person;
(b) Request any additional information necessary to competently provide the services through teledentistry; or
(c) Refer the patient to an appropriate licensee to receive the services in person.
3. A licensee who provides services through teledentistry shall refer a patient to the emergency department of a hospital or another provider of acute care in an emergency or any other situation where the provision of acute care is necessary to protect the health and safety of the patient.
Sec. 13. 1. The Board shall adopt regulations governing the provision of dental services through teledentistry. Those regulations must include, without limitation, requirements concerning:
(a) The issuance of a prescription through teledentistry;
(b) The maintenance of records concerning patients to whom services are provided through teledentistry and the protection of the privacy of such patients;
(c) The use of teledentistry for collaboration between:
(1) Licensees and the office of a physician, physician assistant or advanced practice registered nurse; and
(2) Licensees who practice in different specialty areas; and
(d) Interaction between licensees using teledentistry, including, without limitation:
(1) The supervision of a dental therapist who has not completed the hours of clinical practice set forth in NRS 631.3122 or of a dental hygienist by a dentist using teledentistry; and
(2) Interaction between different licensees who are providing care to the same patient.
2. The regulations adopted pursuant to subsection 1 may prescribe evidence-based standards of practice that must be used when providing services through teledentistry to ensure the safety of patients, the quality of care and positive outcomes.
Sec. 14. A licensee who electronically stores information concerning patients shall:
1. Store and share such information using a secure server; and
2. Ensure that any electronic device on which such information is stored or that may be used to access such information is encrypted and requires a password.
Sec. 15. 1. The Board shall, upon application by a dentist, dental hygienist or dental therapist licensed pursuant to this chapter who has completed a course of training in the administration of immunizations that is approved by the Board pursuant to subsection 2, issue a special endorsement of the license allowing the dentist, dental hygienist or dental therapist to administer immunizations.
κ2023 Statutes of Nevada, Page 3326 (CHAPTER 513, AB 147)κ
2. The Board may approve a course of training in the administration of immunizations if the course:
(a) Provides participants with practical training and written instructional materials concerning the administration of immunizations;
(b) Includes an evaluation of the technique of participants in the administration of immunizations; and
(c) Includes instruction consistent with the guidelines prescribed by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services concerning:
(1) Practices for administering immunizations to children, adolescents and adults;
(2) Basic immunology and the mechanism by which immunizations induce protection from disease;
(3) Diseases that are preventable through immunizations;
(4) Storage and management of immunizations;
(5) Recommended schedules for immunization;
(6) Informed consent to immunization;
(7) Physiology and techniques for administering immunizations;
(8) Assessment and counseling before and after administering an immunization;
(9) Maintenance of records relating to immunizations; and
(10) Identifying, responding to and reporting adverse events resulting from immunizations.
3. A dentist who holds a special endorsement issued pursuant to subsection 1 may administer immunizations by an intranasal, intramuscular or subcutaneous injection.
4. A dental hygienist or dental therapist who holds a special endorsement issued pursuant to subsection 1 may administer immunizations by an intranasal, intramuscular or subcutaneous injection only under authorization from a dentist who also holds such a special endorsement.
Sec. 16. (Deleted by amendment.)
Sec. 17. 1. A dentist who holds a special endorsement issued pursuant to section 15 of this act and who administers immunizations or under whose authorization a dental hygienist or dental therapist who holds such an endorsement administers immunizations must:
(a) Issue or obtain from a dentist, physician, physician assistant or advanced practice registered nurse a standing order for the administration of the immunizations that is approved by the Division of Public and Behavioral Health of the Department of Health and Human Services;
(b) Establish written policies and procedures for the handling and disposal of used or contaminated equipment; and
(c) Establish a written plan for addressing emergencies and ensure that the dentist, dental hygienist or dental therapist administering immunizations has immediate access to equipment that may be needed in an emergency, including, without limitation, equipment for administering oxygen and epinephrine and other equipment necessary to respond to an allergic reaction.
2. A dentist who holds a special endorsement issued pursuant to section 15 of this act and who administers an immunization or under whose authorization a dental hygienist or dental therapist who holds such an endorsement administers an immunization shall report any severe reaction to the immunization as required by any applicable regulations adopted by the State Board of Health.
κ2023 Statutes of Nevada, Page 3327 (CHAPTER 513, AB 147)κ
an endorsement administers an immunization shall report any severe reaction to the immunization as required by any applicable regulations adopted by the State Board of Health.
3. A dentist, dental hygienist or dental therapist who holds a special endorsement issued pursuant to section 15 of this act shall comply with:
(a) The instructions for storing and handling an immunization prescribed by the manufacturer; and
(b) To the extent that such guidelines do not conflict with the instructions of the manufacturer, any applicable guidelines issued by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, including, without limitation, guidelines for storing, handling and administering immunizations, guidelines for documenting the administration of an immunization and contraindications and precautions for immunizations.
Sec. 18. 1. Before administering an immunization, a dentist, dental hygienist or dental therapist who holds a special endorsement issued pursuant to section 15 of this act shall:
(a) Provide to the patient or, if the patient is a minor and is not authorized by law to provide consent, his or her parent or guardian, the most current Vaccine Information Statement prescribed for the immunization by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, require him or her to read the Vaccine Information Statement and answer any questions that he or she has concerning the information in the Vaccine Information Statement;
(b) Obtain the informed written consent of the patient, or, if the patient is a minor and is not authorized by law to provide consent, from the parent or guardian of the patient; and
(c) Review the medical history of the patient, including, without limitation, asking the patient or, if the patient is a minor and is not authorized by law to provide consent, the parent or guardian of the patient, to describe any medications or other treatments that the patient is currently receiving, allergies to drugs, medical conditions that the patient is currently experiencing, surgeries the patient had or plans to have, past pregnancy or plans to become pregnant and any previous adverse reactions to immunizations.
2. If a dentist, dental hygienist or dental therapist who holds a special endorsement issued pursuant to section 15 of this act requests a physician, physician assistant or advanced practice registered nurse to conduct an examination and evaluation of a patient to determine whether the patient has a medical condition that would make it inadvisable to administer an immunization, the dentist, dental hygienist or dental therapist must rely on and act in conformance with the conclusions of the physician, physician assistant or advanced practice registered nurse.
Sec. 19. 1. A dentist, dental hygienist or dental therapist who holds a special endorsement issued pursuant to section 15 of this act shall include in the record of each patient to whom he or she administers an immunization:
(a) The date on which the immunization was administered;
(b) The site at which the immunization was administered;
κ2023 Statutes of Nevada, Page 3328 (CHAPTER 513, AB 147)κ
(c) The brand name of the immunization, the National Drug Code number assigned to the immunization by the United States Food and Drug Administration or the code number assigned to the immunization under another nationally recognized system of coding for immunizations;
(d) The dose, manufacturer, lot number and expiration date of the immunization;
(e) The name or initials of the dentist, dental hygienist or dental therapist;
(f) Except as otherwise provided in subsection 2, the address of the location where the immunization was administered;
(g) The date on which the Vaccine Information Statement was provided to the patient pursuant to section 18 of this act and the date on which the Vaccine Information Statement was published; and
(h) A copy of the questions asked by the dentist, dental hygienist or dental therapist and the information provided by the patient or his or her parent or guardian, as applicable, as part of the review of the medical history of the patient conducted pursuant to section 18 of this act, which must be signed by the patient or, if the patient is a minor and is not authorized by law to provide consent, his or her parent or guardian.
2. A dentist, dental hygienist or dental therapist is not required to include the information described in paragraph (f) of subsection 1 if that information is automatically included in a report made pursuant to NRS 439.265.
3. The records described in subsection 1 must be maintained in accordance with all applicable federal and state laws and regulations, including, without limitation:
(a) The Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any applicable regulations adopted pursuant thereto; and
(b) NRS 629.051 to 629.069, inclusive, and any regulations adopted pursuant thereto.
Sec. 19.5. 1. A dentist, dental therapist or dental hygienist that performs an initial dental examination, screening or assessment on a minor shall refer the minor or his or her parent or guardian to a dental home, which may include, without limitation, a virtual dental home, when appropriate.
2. As used in this section:
(a) Dental home means an entity that arranges for the provision of oral health care that is continuously available and delivered in a comprehensive, coordinated and family-centered manner by a dentist licensed in this State.
(b) Virtual dental home means a dental home that uses teams of persons licensed pursuant to chapter 631 of NRS who are connected to the patient and each other through teledentistry to provide comprehensive oral health care in a community setting.
Sec. 20. 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 sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
κ2023 Statutes of Nevada, Page 3329 (CHAPTER 513, AB 147)κ
Sec. 21. 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.
(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. In addition to satisfying the requirements of subsection 1, if an applicant for a license to practice dental hygiene, dental therapy or dentistry, or any of its special branches, intends to provide services through teledentistry, the applicant must submit to the Board proof that the applicant has completed:
(a) At least 2 hours of continuing education concerning teledentistry; or
(b) A course in teledentistry as part of the requirements for graduation from an accredited institution.
3. An application must include all information required to complete the application.
[3.] 4. 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.
Sec. 22. NRS 631.260 is hereby amended to read as follows:
631.260 Except as otherwise provided in subsection [3] 4 of NRS 631.220, as soon as possible after the examination has been given, the Board, under rules and regulations adopted by it, shall determine the qualifications of the applicant and shall issue to each person found by the Board to have the qualifications therefor a license which will entitle the person to practice dental hygiene, dental therapy or dentistry, or any special branch of dentistry, as in such license defined, subject to the provisions of this chapter.
Sec. 23. (Deleted by amendment.)
Sec. 24. NRS 631.342 is hereby amended to read as follows:
631.342 1. The Board shall adopt regulations concerning continuing education in dentistry, dental hygiene and dental therapy. The regulations must include:
(a) Except as provided in NRS 631.3425, the number of hours of credit required annually;
(b) The criteria used to accredit each course [;] , including, without limitation, specific criteria used to accredit a course in teledentistry; and
(c) The requirements for submission of proof of attendance at courses.
κ2023 Statutes of Nevada, Page 3330 (CHAPTER 513, AB 147)κ
2. Except as otherwise provided in subsection 3, as part of continuing education, each licensee must complete a course of instruction, within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:
(a) An overview of acts of terrorism and weapons of mass destruction;
(b) Personal protective equipment required for acts of terrorism;
(c) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;
(d) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and
(e) An overview of the information available on, and the use of, the Health Alert Network.
3. Instead of the course described in subsection 2, a licensee may complete:
(a) A course in Basic Disaster Life Support or a course in Core Disaster Life Support if the course is offered by a provider of continuing education accredited by the National Disaster Life Support Foundation; or
(b) Any other course that the Board determines to be the equivalent of a course specified in paragraph (a).
4. Notwithstanding the provisions of subsections 2 and 3, the Board may determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.
5. Each licensee must complete, as part of continuing education, at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder within 2 years after initial licensure.
6. In addition to any other continuing education required pursuant to this section, a licensee who holds a special endorsement issued pursuant to section 15 of this act must biennially complete:
(a) At least 2 hours of continuing education concerning the life cycle of diseases, drugs and the administration of immunizations;
(b) A course offered by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services concerning the epidemiology and prevention of diseases that are preventable by immunization;
(c) A course of training in the administration of immunizations offered by Immunize Nevada or its successor organization or, if that organization ceases to exist, another organization prescribed by regulation of the Board; or
(d) Another course of instruction relating to immunizations that is approved by:
(1) The Board;
(2) The American Dental Association, or its successor organization, or the societies which are a part of it;
(3) The American Dental Hygienists Association, or its successor organization, or the societies which are a part of it;
(4) The Academy of General Dentistry, or its successor organization;
κ2023 Statutes of Nevada, Page 3331 (CHAPTER 513, AB 147)κ
(5) Any nationally recognized association of dental or medical specialists;
(6) Any university, college or community college located inside or outside this State; or
(7) Any hospital accredited by The Joint Commission.
7. As used in this section:
(a) Act of terrorism has the meaning ascribed to it in NRS 202.4415.
(b) Biological agent has the meaning ascribed to it in NRS 202.442.
(c) Chemical agent has the meaning ascribed to it in NRS 202.4425.
(d) Radioactive agent has the meaning ascribed to it in NRS 202.4437.
(e) Weapon of mass destruction has the meaning ascribed to it in NRS 202.4445.
Sec. 25. NRS 631.3475 is hereby amended to read as follows:
631.3475 The following acts, among others, constitute unprofessional conduct:
1. Malpractice;
2. Professional incompetence;
3. Suspension or revocation of a license to practice dentistry, the imposition of a fine or other disciplinary action by any agency of another state authorized to regulate the practice of dentistry in that state;
4. More than one act by the dentist, dental hygienist or dental therapist constituting substandard care in the practice of dentistry, dental hygiene or dental therapy;
5. Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, if it is not required to treat the dentists patient;
6. Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:
(a) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;
(b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or
(c) Is cannabis being used for medical purposes in accordance with chapter 678C of NRS;
7. Having an alcohol or other substance use disorder to such an extent as to render the person unsafe or unreliable as a practitioner, or such gross immorality as tends to bring reproach upon the dental profession;
8. Conviction of a felony or misdemeanor involving moral turpitude or which relates to the practice of dentistry in this State, or conviction of any criminal violation of this chapter;
9. Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
10. Failure to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507, 639.23535 and 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto.
11. Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV;
12. Failure to comply with the provisions of NRS 454.217 or 629.086;
κ2023 Statutes of Nevada, Page 3332 (CHAPTER 513, AB 147)κ
13. Failure to obtain any training required by the Board pursuant to NRS 631.344;
14. Failure to actively involve a patient in decisions concerning his or her treatment;
15. Requiring a patient to enter into an agreement that restricts the ability of the patient to submit a complaint to the Board;
16. The performance or supervision of the performance of a pelvic examination in violation of NRS 629.085; [or
15.] 17. Administering an immunization if the dentist, dental hygienist or dental therapist does not hold a special endorsement issued pursuant to section 15 of this act;
18. Failure to comply with:
(a) The requirements of NRS 439.265; or
(b) Any requirement of section 17, 18 or 19 of this act;
19. Failure to review diagnostic digital or conventional radiographs for orthodontia before:
(a) Making an initial diagnosis of or taking any action to correct malpositions of teeth; or
(b) The initial use of an orthodontic appliance;
20. Failure to comply with the requirements of subsection 3 of section 10 of this act; or
21. Operation of a medical facility, as defined in NRS 449.0151, at any time during which:
(a) The license of the facility is suspended or revoked; or
(b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
Κ This subsection applies to an owner or other principal responsible for the operation of the facility.
Secs. 26-29. (Deleted by amendment.)
Sec. 30. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:
If a recipient of Medicaid presents in the emergency department of a hospital in this State with a nontraumatic dental injury, the hospital must notify the patient of providers of dental services included in the network of each health maintenance organization or managed care organization that provides services through teledentistry to recipients of Medicaid. The hospital shall provide such notice by:
1. Posting signs on the premises of the hospital that include the list of providers who offer services through teledentistry submitted to the hospital pursuant to NRS 695C.1708 or 695G.162, as applicable, or which direct patients to an Internet website on which such lists are available; or
2. Making available to patients a pamphlet or other written document that includes the list of providers who offer services through teledentistry submitted to the hospital pursuant to NRS 695C.1708 or 695G.162, as applicable, or which directs patients to an Internet website on which those lists are available.
Sec. 31. NRS 449.029 is hereby amended to read as follows:
449.029 As used in NRS 449.029 to 449.240, inclusive, and section 30 of this act, unless the context otherwise requires, medical facility has the meaning ascribed to it in NRS 449.0151 and includes a program of hospice care described in NRS 449.196.
κ2023 Statutes of Nevada, Page 3333 (CHAPTER 513, AB 147)κ
Sec. 32. NRS 449.0301 is hereby amended to read as follows:
449.0301 The provisions of NRS 449.029 to 449.2428, inclusive, and section 30 of this act do not apply to:
1. Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.
2. Foster homes as defined in NRS 424.014.
3. Any medical facility, facility for the dependent or facility which is otherwise required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed that is operated and maintained by the United States Government or an agency thereof.
Sec. 33. NRS 449.089 is hereby amended to read as follows:
449.089 1. Each license issued pursuant to NRS 449.029 to 449.2428, inclusive, and section 30 of this act expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to subsection 4 and NRS 449.050, as applicable, unless the Division finds, after an investigation, that the facility has not:
(a) Satisfactorily complied with the provisions of NRS 449.029 to 449.2428, inclusive, and section 30 of this act or the standards and regulations adopted by the Board;
(b) Obtained the approval of the Director of the Department of Health and Human Services before undertaking a project, if such approval is required by NRS 439A.100; or
(c) Conformed to all applicable local zoning regulations.
2. Each reapplication for an agency to provide personal care services in the home, an agency to provide nursing in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a provider of community-based living arrangement services, a hospital described in 42 U.S.C. § 1395ww(d)(1)(B)(iv), a psychiatric hospital that provides inpatient services to children, a psychiatric residential treatment facility, a residential facility for groups, a program of hospice care, a home for individual residential care, a facility for the care of adults during the day, a facility for hospice care, a nursing pool, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5, a hospital that provides swing-bed services as described in 42 C.F.R. § 482.58 or, if residential services are provided to children, a medical facility or facility for the treatment of alcohol or other substance use disorders must include, without limitation, a statement that the facility, hospital, agency, program, pool or home is in compliance with the provisions of NRS 449.115 to 449.125, inclusive, and 449.174.
3. Each reapplication for an agency to provide personal care services in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a facility for the care of adults during the day, a residential facility for groups or a home for individual residential care must include, without limitation, a statement that the holder of the license to operate, and the administrator or other person in charge and employees of, the facility, agency, pool or home are in compliance with the provisions of NRS 449.093.
κ2023 Statutes of Nevada, Page 3334 (CHAPTER 513, AB 147)κ
4. Each reapplication for a surgical center for ambulatory patients, facility for the treatment of irreversible renal disease, facility for hospice care, program of hospice care, hospital, facility for intermediate care, facility for skilled nursing, agency to provide personal care services in the home or rural clinic must be accompanied by the fee prescribed by the State Board of Health pursuant to NRS 457.240, in addition to the fees imposed pursuant to NRS 449.050.
Sec. 34. NRS 449.160 is hereby amended to read as follows:
449.160 1. The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.029 to 449.2428, inclusive, and section 30 of this act upon any of the following grounds:
(a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.029 to 449.245, inclusive, and section 30 of this act or of any other law of this State or of the standards, rules and regulations adopted thereunder.
(b) Aiding, abetting or permitting the commission of any illegal act.
(c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
(d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.
(e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and section 30 of this act and 449.435 to 449.531, inclusive, and chapter 449A of NRS if such approval is required.
(f) Failure to comply with the provisions of NRS 441A.315 and any regulations adopted pursuant thereto or NRS 449.2486.
(g) Violation of the provisions of NRS 458.112.
2. In addition to the provisions of subsection 1, the Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:
(a) Is convicted of violating any of the provisions of NRS 202.470;
(b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or
(c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.
3. The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the license to operate a facility for the dependent pursuant to subsection 2. The Division shall provide to a facility for the care of adults during the day:
(a) A summary of a complaint against the facility if the investigation of the complaint by the Division either substantiates the complaint or is inconclusive;
(b) A report of any investigation conducted with respect to the complaint; and
(c) A report of any disciplinary action taken against the facility.
Κ The facility shall make the information available to the public pursuant to NRS 449.2486.
κ2023 Statutes of Nevada, Page 3335 (CHAPTER 513, AB 147)κ
4. On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:
(a) Any complaints included in the log maintained by the Division pursuant to subsection 3; and
(b) Any disciplinary actions taken by the Division pursuant to subsection 2.
Sec. 35. NRS 449.163 is hereby amended to read as follows:
449.163 1. In addition to the payment of the amount required by NRS 449.0308, if a medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and section 30 of this act or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:
(a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;
(b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;
(c) If the license of the facility limits the occupancy of the facility and the facility has exceeded the approved occupancy, require the facility, at its own expense, to move patients to another facility that is licensed;
(d) Impose an administrative penalty of not more than $5,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and
(e) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:
(1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or
(2) Improvements are made to correct the violation.
2. If the facility fails to pay any administrative penalty imposed pursuant to paragraph (d) of subsection 1, the Division may:
(a) Suspend the license of the facility until the administrative penalty is paid; and
(b) Collect court costs, reasonable attorneys fees and other costs incurred to collect the administrative penalty.
3. The Division may require any facility that violates any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and section 30 of this act or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.
4. Any money collected as administrative penalties pursuant to paragraph (d) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and section 30 of this act, 449.435 to 449.531, inclusive, and chapter 449A of NRS to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards or for any other purpose authorized by the Legislature.
κ2023 Statutes of Nevada, Page 3336 (CHAPTER 513, AB 147)κ
Sec. 36. NRS 449.220 is hereby amended to read as follows:
449.220 1. The Division may bring an action in the name of the State to enjoin any person, state or local government unit or agency thereof from operating or maintaining any facility within the meaning of NRS 449.029 to 449.2428, inclusive [:] , and section 30 of this act:
(a) Without first obtaining a license therefor; or
(b) After his or her license has been revoked or suspended by the Division.
2. It is sufficient in such action to allege that the defendant did, on a certain date and in a certain place, operate and maintain such a facility without a license.
Sec. 37. NRS 449.240 is hereby amended to read as follows:
449.240 The district attorney of the county in which the facility is located shall, upon application by the Division, institute and conduct the prosecution of any action for violation of any provisions of NRS 449.029 to 449.245, inclusive [.] , and section 30 of this act.
Sec. 38. NRS 695C.1708 is hereby amended to read as follows:
695C.1708 1. A health care plan of a health maintenance organization must include coverage for services provided to an enrollee through telehealth to the same extent as though provided in person or by other means.
2. A health maintenance organization shall not:
(a) Require an enrollee to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1;
(b) Require a provider of health care to demonstrate that it is necessary to provide services to an enrollee through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1;
(c) Refuse to provide the coverage described in subsection 1 because of:
(1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an enrollee receives services through telehealth; or
(2) The technology used to provide the services;
(d) Require covered services to be provided through telehealth as a condition to providing coverage for such services; or
(e) Categorize a service provided through telehealth differently for purposes relating to coverage than if the service had been provided in person or through other means.
3. A health care plan of a health maintenance organization must not require an enrollee to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person. Such a health care plan may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.
4. A health maintenance organization that provides medical services to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Childrens Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services shall provide referrals to providers of dental services who provide services through teledentistry.
κ2023 Statutes of Nevada, Page 3337 (CHAPTER 513, AB 147)κ
5. A health maintenance organization that provides dental services to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Childrens Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services shall:
(a) Maintain a list of providers of dental services included in the network of the health maintenance organization who offer services through teledentistry;
(b) At least quarterly, update the list and submit a copy of the updated list to the emergency department of each hospital located in this State; and
(c) Allow such providers of dental services to include on claim forms codes for teledentistry services provided through both real-time interactions and asynchronous transmissions of medical and dental information.
6. The provisions of this section do not require a health maintenance organization to:
(a) Ensure that covered services are available to an enrollee through telehealth at a particular originating site;
(b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care; or
(c) Enter into a contract with any provider of health care or cover any service if the health maintenance organization is not otherwise required by law to do so.
[5.] 7. Evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2021, has the legal effect of including the coverage required by this section, and any provision of the plan or the renewal which is in conflict with this section is void.
[6.] 8. As used in this section:
(a) Distant site has the meaning ascribed to it in NRS 629.515.
(b) Originating site has the meaning ascribed to it in NRS 629.515.
(c) Provider of health care has the meaning ascribed to it in NRS 439.820.
(d) Teledentistry has the meaning ascribed to it in section 5 of this act.
(e) Telehealth has the meaning ascribed to it in NRS 629.515.
Sec. 39. NRS 695G.162 is hereby amended to read as follows:
695G.162 1. A health care plan issued by a managed care organization for group coverage must include coverage for services provided to an insured through telehealth to the same extent as though provided in person or by other means.
2. A managed care organization shall not:
(a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1;
(b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1;
(c) Refuse to provide the coverage described in subsection 1 because of:
κ2023 Statutes of Nevada, Page 3338 (CHAPTER 513, AB 147)κ
(1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth; or
(2) The technology used to provide the services;
(d) Require covered services to be provided through telehealth as a condition to providing coverage for such services; or
(e) Categorize a service provided through telehealth differently for purposes relating to coverage than if the service had been provided in person or through other means.
3. A health care plan of a managed care organization must not require an insured to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person. Such a health care plan may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.
4. A managed care organization that provides medical services to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Childrens Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services shall provide referrals to providers of dental services who provide services through teledentistry.
5. A managed care organization that provides dental services to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Childrens Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services shall:
(a) Maintain a list of providers of dental services included in the network of the managed care organization who offer services through teledentistry;
(b) At least quarterly, update the list and submit a copy of the updated list to the emergency department of each hospital located in this State; and
(c) Allow such providers of dental services to include on claim forms codes for teledentistry services provided through both real-time interactions and asynchronous transmissions of medical and dental information.
6. The provisions of this section do not require a managed care organization to:
(a) Ensure that covered services are available to an insured through telehealth at a particular originating site;
(b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care; or
(c) Enter into a contract with any provider of health care or cover any service if the managed care organization is not otherwise required by law to do so.
[5.] 7. Evidence of coverage that is delivered, issued for delivery or renewed on or after October 1, 2021, has the legal effect of including the coverage required by this section, and any provision of the plan or the renewal which is in conflict with this section is void.
κ2023 Statutes of Nevada, Page 3339 (CHAPTER 513, AB 147)κ
[6.] 8. As used in this section:
(a) Distant site has the meaning ascribed to it in NRS 629.515.
(b) Originating site has the meaning ascribed to it in NRS 629.515.
(c) Provider of health care has the meaning ascribed to it in NRS 439.820.
(d) Teledentistry has the meaning ascribed to it in section 5 of this act.
(e) Telehealth has the meaning ascribed to it in NRS 629.515.
Sec. 40. 1. Each person who, on January 1, 2024, holds a license to practice dentistry, dental hygiene or dental therapy issued pursuant to chapter 631 of NRS and intends to provide services through teledentistry shall submit to the Board of Dental Examiners of Nevada with the next application to renew that license after that date proof that the licensee has completed:
(a) At least 2 hours of continuing education concerning teledentistry; or
(b) A course in teledentistry as part of the requirements for graduation from an institution accredited by the Commission on Dental Accreditation of the American Dental Association, or its successor entity.
2. The provisions of paragraph (b) of subsection 1 of section 7 of this act do not apply to a person described in subsection 1 until:
(a) The next renewal of the license of the person to practice dentistry, dental hygiene or dental therapy on or after January 1, 2024; or
(b) The denial of the next application to renew the license of the person to practice dentistry, dental hygiene or dental therapy submitted on or after January 1, 2024.
3. As used in this section, teledentistry has the meaning ascribed to it in section 5 of this act.
Sec. 40.5. Not later than January 1, 2024, the Board of Dental Examiners of Nevada shall:
1. Compile a report concerning the adoption of regulations pursuant to section 13 of this act. The report must include, without limitation:
(a) A summary of the progress of the Board in adopting those regulations; and
(b) A copy of any such regulations that have been adopted or proposed to be adopted, the reasons for the content of those regulations and a summary of any comment received by the Board concerning those regulations.
2. Submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Commerce and Labor.
Sec. 41. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 40.5, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
________
κ2023 Statutes of Nevada, Page 3340κ
Assembly Bill No. 77Assemblyman Yeager
CHAPTER 514
[Approved: June 15, 2023]
AN ACT relating to economic development; creating the Office of Entrepreneurship within the Office of Economic Development; setting forth the powers and duties of the Office of Entrepreneurship; providing that the records, files and communications of the Office of Entrepreneurship are confidential; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Office of Economic Development within the Office of the Governor and which consists of the Division of Economic Development and the Nevada Film Office. (NRS 231.043) Sections 6 and 12 of this bill create the Office of Entrepreneurship within the Office of Economic Development and require state agencies to cooperate with and assist the Office of Entrepreneurship. Section 6 also authorizes the Office of Entrepreneurship to employ any necessary personnel to perform the functions and duties of the Office of Entrepreneurship. Section 7 of this bill requires the Office of Entrepreneurship to: (1) work to strengthen policies and programs supporting the growth of entrepreneurship in the State; (2) work with stakeholders and organizations supporting entrepreneurship in the State to enhance the skills of, provide technical support to and expand resources for entrepreneurs across the State; and (3) serve as a point of contact to assist businesses in operation for 5 years or less in their interactions with state agencies and, where appropriate, refer businesses to other state and local agencies that provide assistance to businesses. Section 8 of this bill requires the Office of Entrepreneurship to submit annually to the Legislative Commission a report that includes, without limitation: (1) the number and total dollar amount of state contracts awarded to businesses that have been in operation for not more than 5 years, including a breakdown by demographic segments and geographical areas throughout the State; (2) the percentage of the number of state contracts awarded to businesses that have been in operation for not more than 5 years compared to the total number of contracts awarded; (3) the number of businesses owned by women, minorities or veterans that have been in operation for not more than 5 years and awarded a state contract; (4) the percentage of the total dollar amount of state contracts awarded to businesses that have been in operation for not more than 5 years compared to the total dollar amount of contracts awarded; (5) the types of businesses awarded a state contract; (6) recommendations on improving access to state contracts for Nevada businesses that have been in operation for not more than 5 years, including those businesses in statistically underrepresented demographic segments and geographic areas of Nevada; (7) recommendations on improving overall entrepreneurship in this State including, without limitation, identifying regional challenges to entrepreneurship; and (8) any additional information deemed necessary by the Office of Economic Development to provide an accurate depiction of the condition of entrepreneurship in Nevada. Section 9 of this bill authorizes the Office of Economic Development to encourage 5 percent of the total number of state contracts to be awarded to businesses that have been in operation for not more than 5 years and whose principal place of business is in this State. Sections 10 and 13 of this bill provide that the records, files and communications of the Office of Entrepreneurship are confidential and are not public records.
Section 13.5 of this bill makes an appropriation to the Office of Economic Development for operating, equipment, marketing, travel costs, the creation of an Internet website and two full-time staff positions to carry out the functions of the Office of Entrepreneurship.
κ2023 Statutes of Nevada, Page 3341 (CHAPTER 514, AB 77)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 231 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. Business means any corporation, partnership, company, cooperative, sole proprietorship or other legal entity organized or operating for pecuniary or nonpecuniary gain.
Sec. 3. Entrepreneur means a person who initiates and assumes the financial risk of a business.
Sec. 4. Office of Entrepreneurship means the Office of Entrepreneurship created by section 6 of this act.
Sec. 5. State agency means an agency, bureau, board, commission, department, division or any other unit of the Executive Department of the State Government.
Sec. 6. 1. The Office of Entrepreneurship is hereby created within the Office of Economic Development.
2. The Office of Entrepreneurship shall employ such personnel as are necessary to perform the functions and duties of the Office of Entrepreneurship set forth in sections 2 to 10, inclusive, of this act.
3. A state agency shall cooperate with and assist the Office of Entrepreneurship in the performance of its duties and functions.
Sec. 7. The Office of Entrepreneurship shall:
1. Work to strengthen policies and programs supporting the growth of entrepreneurship in the State, including, without limitation, across demographic segments and geographic areas.
2. Work with stakeholders and organizations supporting entrepreneurship to enhance the learning and skills of, provide technical support to and expand access to resources for entrepreneurs across the State.
3. Serve as a point of contact to assist businesses that have been in operation for not more than 5 years in their interactions with state agencies and, where appropriate, refer businesses to other state or local agencies that provide assistance to businesses.
Sec. 8. On or before November 1 of each year beginning 2 years after the creation of the Office of Entrepreneurship, and annually thereafter, the Office of Entrepreneurship shall submit to the Legislative Commission a report that includes, without limitation:
1. The number and total dollar amount of state contracts awarded to businesses that have been in operation for not more than 5 years, including, without limitation, a breakdown by demographic segments and geographical areas throughout the State;
2. The percentage of the number of state contracts awarded to businesses that have been in operation for not more than 5 years compared to the total number of contracts awarded;
3. The number of businesses owned by women, minorities or veterans that have been in operation for not more than 5 years and have been awarded a state contract;
κ2023 Statutes of Nevada, Page 3342 (CHAPTER 514, AB 77)κ
4. The percentage of the total dollar amount of state contracts awarded to businesses that have been in operation for not more than 5 years compared to the total dollar amount of contracts awarded;
5. The types of businesses awarded a state contract;
6. Recommendations on improving access to state contracts for businesses that have been in operation for not more than 5 years, including, without limitation, those businesses in statistically underrepresented demographic segments and geographic areas of Nevada;
7. Recommendations on improving overall entrepreneurship in this State including, without limitation, identifying regional challenges to entrepreneurship; and
8. Any additional information deemed necessary by the Office of Economic Development to provide an accurate depiction of the condition of entrepreneurship in Nevada.
Sec. 9. The Office of Economic Development shall encourage 5 percent of the total number of state contracts to be awarded to businesses that have been in operation for not more than 5 years and whose principal place of business is in this State.
Sec. 10. All records, files and communications of the Office of Entrepreneurship made or received pursuant to sections 2 to 10, inclusive, of this act are confidential and not a public record.
Sec. 11. NRS 231.002 is hereby amended to read as follows:
231.002 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 231.003 to 231.009, inclusive, and sections 2 to 5, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 12. NRS 231.043 is hereby amended to read as follows:
231.043 1. There is hereby created within the Office of the Governor the Office of Economic Development, consisting of:
(a) A Division of Economic Development; [and]
(b) The Nevada Film Office [.] ; and
(c) The Office of Entrepreneurship.
2. The Governor shall propose a budget for the Office.
3. Employees of the Office are not in the classified or unclassified service of this State and serve at the pleasure of the Executive Director.
Sec. 13. 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.
κ2023 Statutes of Nevada, Page 3343 (CHAPTER 514, AB 77)κ
202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 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.
κ2023 Statutes of Nevada, Page 3344 (CHAPTER 514, AB 77)κ
640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 10 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:
κ2023 Statutes of Nevada, Page 3345 (CHAPTER 514, AB 77)κ
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 13.5. 1. There is hereby appropriated from the State General Fund to the Office of Economic Development for operating, equipment, marketing, travel costs, the creation of an Internet website and two full-time staff positions to carry out the functions of the Office of Entrepreneurship created by section 6 of this act the following sums:
For the Fiscal Year 2023-2024.................................................... $249,626
For the Fiscal Year 2024-2025.................................................... $269,153
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
Sec. 14. 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. 15. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 3346κ
Assembly Bill No. 252Assemblywomen Cohen; and Brown-May
CHAPTER 515
[Approved: June 15, 2023]
AN ACT relating to governmental administration; creating the Account for Improving Access to State Museums for Persons with Disabilities in the State General Fund; revising the membership of the Board of Museums and History; requiring the Administrator of the Division of Museums and History of the Department of Tourism and Cultural Affairs to develop and maintain an Internet website related to institutions of the Division and ensure that the Internet website is accessible to persons with disabilities; authorizing the Administrator to authorize or require a museum director of an institution of the Division to establish certain procedures that enable the accessibility of the exhibits in the institution to persons who are blind or visually impaired; requiring the Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs to study during the 2023-2024 interim any issues that exist that limit the ability of persons with disabilities to access the institutions of the Division; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Division of Museums and History of the Department of Tourism and Cultural Affairs, which consists of the Office of the Administrator and certain museums and historical societies which are established as institutions of the Division. (NRS 381.004) Existing law further sets forth various duties of the Administrator. (NRS 381.006, 381.0063) Section 3 of this bill requires the Administrator to also: (1) develop and maintain an Internet website related to the institutions of the Division and ensure that the Internet website is accessible to persons with disabilities, including, without limitation, persons who are blind or visually impaired; and (2) consult with certain organizations regarding the accessibility of institutions of the Division to persons with disabilities, including, without limitation, persons who are blind or visually impaired. Section 4.5 of this bill makes an appropriation to the Division for the development of the Internet website required to be developed pursuant to section 3. Section 4 of this bill authorizes the Administrator to authorize or require a museum director of an institution of the Division to establish certain procedures that enable the accessibility of the exhibits in the institution for persons who are blind or visually impaired.
Section 1 of this bill creates the Account for Improving Access to State Museums for Persons with Disabilities in the State General Fund, to be administered by the Administrator. Money in the Account must be expended only to improve access at institutions of the Division for persons with disabilities, including, without limitation, persons who are blind or visually impaired.
Existing law creates the Board of Museums and History, which consists of twelve members, including five representatives of the general public who are knowledgeable about museums. (NRS 381.002) Section 2 of this bill provides that one of the representatives of the general public must be a person who is knowledgeable about museums and has a disability. Section 6 of this bill clarifies that the provisions of section 2 do not affect the term of any person who is a member of the Board on June 30, 2023.
κ2023 Statutes of Nevada, Page 3347 (CHAPTER 515, AB 252)κ
Section 5 of this bill requires the Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs to study during the 2023-2024 interim any issues that exist which limit the ability of persons with disabilities, including, without limitation, persons who are blind or visually impaired, to access the institutions of the Division.
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 381 of NRS is hereby amended by adding thereto a new section to read as follows:
1. There is hereby created the Account for Improving Access to State Museums for Persons with Disabilities in the State General Fund. The Account shall be administered by the Administrator.
2. The money in the Account must be expended only to improve access at institutions of the Division that are established pursuant to NRS 381.004 for persons with disabilities, including, without limitation, persons who are blind or visually impaired.
3. The Administrator may apply for and accept any gift, donation, bequest, grant or other source of money for deposit in the Account.
4. The interest and income earned on money in the Account from any gift, donation, bequest or appropriation, after deducting any applicable charges, must be credited to the Account.
5. Money from any gift, donation, bequest or appropriation that remains in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
Sec. 2. NRS 381.002 is hereby amended to read as follows:
381.002 1. The Board of Museums and History, consisting of twelve members appointed by the Governor, is hereby created.
2. The Governor shall appoint to the Board:
(a) Five representatives of the general public who are knowledgeable about museums [.] , one of whom must be a person with a disability.
(b) Six members representing the fields of history, prehistoric archeology, historical archeology, architectural history, and architecture with qualifications as defined by the Secretary of Interiors standards for historic preservation in the following fields:
(1) One member who is qualified in history;
(2) One member who is qualified in prehistoric archeology;
(3) One member who is qualified in historic archeology;
(4) One member who is qualified in architectural history;
(5) One member who is qualified as an architect; and
(6) One additional member who is qualified, as defined by the Secretary of Interiors standards for historic preservation, in any of the fields of expertise described in subparagraphs (1) to (5), inclusive.
(c) One member, after giving consideration to any recommendation of an enrolled member of a Nevada Indian tribe which is submitted by the Nevada Indian Commission, after consultation with the Inter-Tribal Council of Nevada, Inc., or its successor organization.
κ2023 Statutes of Nevada, Page 3348 (CHAPTER 515, AB 252)κ
3. The Board shall elect a Chair and a Vice Chair from among its members at its first meeting of every even-numbered year. The terms of the Chair and Vice Chair are 2 years or until their successors are elected.
4. With respect to the functions of the Office of Historic Preservation, the Board may develop, review and approve policy for:
(a) Matters relating to the State Historic Preservation Plan;
(b) Nominations to the National Register of Historic Places and make a determination of eligibility for listing on the Register for each property nominated; and
(c) Nominations to the State Register of Historic Places and make determination of eligibility for listing on the Register for each property nominated.
5. With respect to the functions of the Division, the Board shall develop, review and make policy for investments, budgets, expenditures and general control of the Divisions private and endowed dedicated trust funds pursuant to NRS 381.003 to 381.0037, inclusive.
6. In all other matters pertaining to the Office of Historic Preservation and the Division of Museums and History, the Board serves in an advisory capacity.
7. The Board may adopt such regulations as it deems necessary to carry out its powers and duties.
Sec. 2.5. NRS 381.0031 is hereby amended to read as follows:
381.0031 1. [All] Except as otherwise provided in subsection 5, all money and the proceeds from property received by the Division or any institution of the Division through any grant other than a grant of federal money, bequest or devise, and the proceeds from memberships, sales, interest and dividends from any sources other than appropriation by the Legislature, admission charges and sales of tickets for train rides, are private money and not state money. The Board shall establish a Division of Museums and History Dedicated Trust Fund. All private money must be accounted for in that Fund. No other money may be accounted for in that Fund.
2. Except as otherwise provided in this chapter, all of the money in the Dedicated Trust Fund must be deposited in a financial institution to draw interest or be expended, invested and reinvested pursuant to the specific instructions of the donor, or, where no such specific instructions exist, in the sound discretion of the Board. The provisions of subsections 3 and 4 of NRS 356.011 apply to any accounts in financial institutions maintained pursuant to this section.
3. The Board shall account separately for the portions of the private money received by each institution of the Division but may combine all or any portion of the private money for the purposes of investment and reinvestment.
4. The Board shall adopt an investment policy for the private money.
5. The provisions of this section do not apply to any money received for deposit in the Account for Improving Access to State Museums for Persons with Disabilities created by section 1 of this act.
κ2023 Statutes of Nevada, Page 3349 (CHAPTER 515, AB 252)κ
Sec. 3. NRS 381.006 is hereby amended to read as follows:
381.006 1. For the property and facilities of the Division, the Administrator:
[1.] (a) Is responsible to the Director for the general administration of the Division and its institutions and for the submission of its budgets, which must include the combined budgets of its institutions.
[2.] (b) Shall supervise the museum directors of its institutions in matters pertaining to the general administration of the institutions.
[3.] (c) Shall coordinate the submission of requests by its institutions for assistance from governmental sources.
[4.] (d) Shall oversee the public relations of its institutions.
[5.] (e) Shall superintend the planning and development of any new facilities for the Division or its institutions.
[6.] (f) Shall assist the efforts of its institutions in improving their services to the rural counties.
[7.] (g) Shall supervise the facilities for storage which are jointly owned or used by any of its institutions.
[8.] (h) Shall trade, exchange and transfer exhibits and equipment when the Administrator considers it proper and the transactions are not sales.
[9.] (i) May contract with any person to provide concessions on the grounds of the property and facilities of the Division, provided that any contract permitting control of real property of the Division by a nongovernmental entity must be executed as a lease pursuant to NRS 321.003, 321.335, 322.050, 322.060 and 322.070.
[10.] (j) Shall oversee the supervision, control, management and operation of any buildings or properties in this State that are under the control of the Division.
[11.] (k) Shall supervise the furnishing, remodeling, repairing, alteration and erection of premises and buildings of the Division or premises and buildings that may be conveyed or made available to the Division.
2. In addition to the duties set forth in subsection 1, the Administrator shall:
(a) Develop and maintain an Internet website related to the museums and historical societies established as institutions of the Division pursuant to NRS 381.004 and ensure that the Internet website is accessible to persons with disabilities, including, without limitation, persons who are blind or visually impaired.
(b) Consult with organizations that are dedicated to the welfare of persons with disabilities, including, without limitation, persons who are blind or visually impaired. Such organizations may include, without limitation, the American Council of the Blind and the National Federation of the Blind, regarding the accessibility of institutions of the Division that are established pursuant to NRS 381.004 to persons who are blind or visually impaired.
Sec. 4. NRS 381.0063 is hereby amended to read as follows:
381.0063 1. The Administrator shall, in accordance with any directive received from the Director pursuant to NRS 232.005, authorize or require each museum director to perform such duties set forth in subsections 2 and 3 as are necessary for the operation of the institution administered by the museum director, after giving consideration to:
κ2023 Statutes of Nevada, Page 3350 (CHAPTER 515, AB 252)κ
(a) The size and complexity of the programs the museum director is required to administer;
(b) The number of personnel needed to carry out those programs;
(c) Requirements for accreditation; and
(d) Such other factors as are relevant to the needs of the institution and the Division.
2. The Administrator may authorize or require a museum director to:
(a) Oversee duties related to the auditing and approval of all bills, claims and accounts of the institution administered by the museum director.
(b) Receive, collect, exchange, preserve, house, care for, document, interpret, display and exhibit, particularly, but not exclusively, respecting the State of Nevada:
(1) Samples of the useful and fine arts, sciences and industries, relics, memorabilia, products, works, records, rare and valuable articles and objects, including, without limitation, drawings, etchings, lithographs, photographs, paintings, statuary, sculpture, fabrics, furniture, implements, machines, geological and mineral specimens, precious, semiprecious and commercial minerals, metals, earths, gems and stones.
(2) Books, papers, records and documents of historic, artistic, literary or industrial value or interest by reason of rarity, representative character or otherwise.
(c) Collect, gather and prepare the natural history of Nevada and the Great Basin.
(d) Establish such programs in history, archeology, anthropology, paleontology, mineralogy, ethnology, ornithology and such other programs as in the judgment of the Board and Administrator may be proper and necessary to carry out the objects and purposes appropriate to the institution administered by the museum director.
(e) Receive and collect property from any appropriate agency of the State of Nevada, or from accessions, gifts, exchanges, loans or purchases from any other agencies, persons or sources.
(f) House and preserve, care for and display or exhibit property received by an institution. This paragraph does not prevent the permanent or temporary retention, placement, housing or exhibition of a portion of the property in other places or locations in or outside of the State at the sole discretion of the Board.
(g) Make and obtain plans and specifications and let and supervise contracts for work or have the work done on force account or day labor, supplying material or labor, or otherwise.
(h) Receive, accept and obtain by exchange in the name of the State of Nevada all property loaned to the institution administered by the museum director for preservation, care, display or exhibit, or decline and reject the property in his or her discretion, and undertake to be responsible for all property loaned to the institution or make just payment of any reasonable costs or rentals therefor.
(i) Apply for and expend all gifts and grants that the institution administered by the museum director is authorized to accept in accordance with the terms and conditions of the gift or grant.
(j) Govern, manage and control the exhibit and display of all property and things of the institution administered by the museum director at other exhibits, expositions, worlds fairs and places of public or private exhibition.
κ2023 Statutes of Nevada, Page 3351 (CHAPTER 515, AB 252)κ
exhibits, expositions, worlds fairs and places of public or private exhibition. Any property of the State of Nevada that may be placed on display or on exhibition at any worlds fair or exposition must be taken into custody by the Administrator at the conclusion of the worlds fair or exposition and placed and kept in the institution, subject to being removed and again exhibited at the discretion of the Administrator or a person designated by the Administrator.
(k) Negotiate and consult with and agree with other institutions, departments, officers and persons or corporations of and in the State of Nevada and elsewhere respecting quarters for and the preservation, care, transportation, storage, custody, documentation, interpretation, display and exhibit of articles and things controlled by the institutions and respecting the terms and cost, the manner, time, place and extent, and the return thereof.
(l) Trade, exchange and transfer exhibits and duplicates when the Administrator deems it proper. Such transactions shall not be deemed sales.
(m) Establish the qualifications for life, honorary, annual, sustaining and such other memberships as are established by the Board pursuant to NRS 381.0045.
(n) Adopt rules for the internal operations of the institution administered by the museum director, including, without limitation, the operation of equipment of the institution.
(o) Establish procedures that enable the accessibility of the exhibits in an institution administered by the museum director for persons who are blind or visually impaired, including, without limitation, by providing audio guides, audio descriptive displays, tactile displays and experiences, dedicated tours for persons who are blind or visually impaired, Braille signage and descriptions, temporary lighting and adapted educational classes.
3. The Administrator shall require a museum director to serve as, or to designate an employee to serve as, ex officio State Paleontologist. The State Paleontologist shall, within the limits of available time, money and staff:
(a) Systematically inventory the paleontological resources within the State of Nevada;
(b) Compile a database of fossil resources within this State;
(c) Coordinate and promote paleontological research activities within this State, including, without limitation, regulating and issuing permits to engage in such activities;
(d) Disseminate and assist other persons in disseminating information gained from research conducted by the State Paleontologist; and
(e) Display and promote, and assist other persons in displaying and promoting, the paleontological resources of this State to enhance education, culture and tourism within this State.
4. The enumeration of the powers and duties that may be assigned to a museum director pursuant to this section is not exclusive of other general objects and purposes appropriate to a public museum.
5. The provisions of this section do not prohibit the Administrator from making such administrative and organizational changes as are necessary for the efficient operation of the Division and its institutions and to ensure that an institution properly carries out the duties and responsibilities assigned to that institution.
κ2023 Statutes of Nevada, Page 3352 (CHAPTER 515, AB 252)κ
Sec. 4.5. 1. There is hereby appropriated from the State General Fund to the Division of Museums and History of the Department of Tourism and Cultural Affairs the sum of $25,000 for the development of an Internet website which meets the requirements of NRS 381.006, as amended by section 3 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. 1. The Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs created by NRS 218E.750 shall study during the 2023-2024 interim any issues that exist which limit the ability of persons with disabilities, including, without limitation, persons who are blind or visually impaired, to access the museums and historical societies established as institutions of the Division of Museums and History of the Department of Tourism and Cultural Affairs pursuant to NRS 381.004.
2. In the report required pursuant to subsection 3 of NRS 218E.760, the Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs shall set forth any recommended legislation for improving the accessibility of the museums and historical societies established as institutions of the Division of Museums and History of the Department of Tourism and Cultural Affairs pursuant to NRS 381.004 to persons with disabilities, including, without limitation, persons who are blind or visually impaired.
Sec. 6. The provisions of NRS 381.002, as amended by section 2 of this act, do not apply to the existing terms of members of the Board of Museums and History who were appointed to the Board pursuant to paragraph (a) of subsection 2 of NRS 381.002, as that section existed on June 30, 2023.
Sec. 7. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 3353κ
Assembly Bill No. 232Assemblymen Hibbetts; and Nguyen
CHAPTER 516
[Approved: June 15, 2023]
AN ACT relating to taxation; revising the tax imposed upon the receipt, purchase and sale of premium cigars; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, there is imposed upon the receipt, purchase or sale of other tobacco products in this State a tax of 30 percent of the wholesale price of those products. (NRS 370.450) Section 1 of this bill specifically limits the tax imposed upon the receipt, purchase and sale of other tobacco products that are premium cigars to not more than 50 cents or less than 30 cents for each premium cigar. Section 1 defines premium cigar as a cigar that is rolled by hand, has a wrapper made of whole tobacco leaves and does not have a filter or mouthpiece.
Existing law requires the Department of Taxation to allow a credit of 30 percent of the wholesale price, less a discount of 0.25 percent for the services rendered in collecting the tax, for other tobacco products on which the tax has been paid and that may no longer be sold. (NRS 370.490) Section 1.5 of this bill makes a conforming change in response to the change in the rate of the tax for premium cigars to provide that the amount of this credit is the amount of the tax paid.
Section 2 of this bill provides that the amendatory provisions of this bill expire by limitation on June 30, 2027.
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 370.450 is hereby amended to read as follows:
370.450 1. Except as otherwise provided in this section, there is hereby imposed upon the receipt, purchase or sale of other tobacco products in this State :
(a) If the other tobacco products are not premium cigars, a tax of 30 percent of the wholesale price of those products [.] ; and
(b) If the other tobacco products are premium cigars, a tax of 30 percent of the wholesale price of those products except that, if 30 percent of the wholesale price of those products is:
(1) Greater than 50 cents for each premium cigar, the tax imposed shall be 50 cents for each premium cigar.
(2) Less than 30 cents for each premium cigar, the tax imposed shall be 30 cents for each premium cigar.
2. The provisions of subsection 1 do not apply to those products which are:
(a) Displayed or exhibited at a trade show, convention or other exhibition in this State by a manufacturer or wholesale dealer of other tobacco products who is not licensed in this State; or
(b) Distributed free of charge at a trade show, convention or other exhibition or public event in this State, if the distributor has obtained a license to distribute other tobacco products free of charge for the trade show, convention or other exhibition or public event.
κ2023 Statutes of Nevada, Page 3354 (CHAPTER 516, AB 232)κ
3. This tax:
(a) Is imposed:
(1) At the time the other tobacco products are first possessed or received by a wholesale dealer of other tobacco products who maintains a place of business in this State for sale or disposition in this State;
(2) At the time the other tobacco products are sold by a wholesale dealer of other tobacco products who does not maintain a place of business in this State to a retail dealer or ultimate consumer; or
(3) For other tobacco products manufactured, produced, fabricated, assembled, processed, labeled or finished in this State, at the time the other tobacco products are sold in this State to a wholesale dealer of other tobacco products, retail dealer or ultimate consumer.
(b) Must be paid by the wholesale dealer of other tobacco products to the Department, in accordance with the provisions of NRS 370.465. The wholesale dealer of other tobacco products is entitled to retain 0.25 percent of the taxes due to cover the costs of collecting and administering the taxes if the taxes are paid in accordance with the provisions of NRS 370.465.
4. Any wholesale dealer of other tobacco products who sells or distributes other tobacco products without paying the tax provided for by this section is guilty of a misdemeanor.
5. As used in this section, premium cigar means a cigar that is rolled by hand, has a wrapper made of whole tobacco leaves and does not have a filter or mouthpiece.
Sec. 1.5. NRS 370.490 is hereby amended to read as follows:
370.490 1. The Department shall allow a credit of [30 percent of the wholesale price, less a discount of 0.25 percent for the services rendered in collecting the tax,] the amount of the tax paid pursuant to NRS 370.450, not including any amount of the tax retained by the wholesale dealer of other tobacco products to cover the costs of collecting and administering the tax, for other tobacco products [on which the tax has been paid pursuant to NRS 370.450 and] that may no longer be sold. If the other tobacco products have been purchased and delivered, a credit memo of the manufacturer is required for proof of returned merchandise.
2. A credit must also be granted for any other tobacco products shipped from this State and destined for retail sale and consumption outside the State on which the tax has previously been paid. A duplicate or copy of the invoice is required for proof of the sale outside the State.
3. A wholesale dealer of other tobacco products may claim a credit by filing with the Department the proof required by this section. The claim must be made on a form prescribed by the Department.
Sec. 2. This act becomes effective on July 1, 2023, and expires by limitation on June 30, 2027.
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κ2023 Statutes of Nevada, Page 3355κ
Senate Bill No. 240Senator Neal
CHAPTER 517
[Approved: June 15, 2023]
AN ACT relating to economic development; authorizing investments to be made in impact qualified community development entities in exchange for certain tax credits; authorizing an additional amount of investments to be made in qualified community development entities in exchange for certain tax credits; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law enacts the Nevada New Markets Jobs Act. (Chapter 231A of NRS) Under the Act, insurance companies are entitled to receive credit against certain taxes imposed on insurance companies in exchange for making an investment in a qualified community development entity. (NRS 231A.200) A qualified community development entity in which such an investment is made is required to use 85 percent of the investment to make capital or equity investments in, or loans to, qualified active low-income community businesses, which are defined as businesses in a low-income community. (NRS 231A.110, 231A.130, 231A.140, 231A.250; 26 U.S.C. § 45D) Section 16 of this bill authorizes an additional amount of investments in qualified community development entities which may be made in exchange for a credit against certain taxes imposed on insurance companies.
Sections 14 and 25 of this bill allow certain business entities to receive a credit against the premium tax imposed on insurance companies in exchange for investing in an impact qualified community development entity. Sections 2, 4 and 12 of this bill require an impact qualified community development entity in which such an investment is made to use 85 percent of the investment to make capital or equity investments in, or loans to, impact qualified active low-income community businesses. Sections 2 and 7 of this bill provide that an impact qualified active low-income community business means certain types of manufacturing businesses, retail businesses or businesses where the majority of owners are from certain historically disadvantaged groups, but which may be located anywhere in this State. Section 16 establishes the amount of investments in impact qualified community development entities which may be made in exchange for the tax credit. Sections 8-24 of this bill make conforming changes to the provisions of the Nevada New Markets Jobs Act to integrate investments in impact qualified community development entities into the existing provisions governing the eligibility for and administration of tax credits under the Act. Sections 6 and 7 of this bill establish provisions governing whether a business is an impact qualified active low-income community business. Sections 2-5 of this bill define terms related to the tax credit for investments in impact qualified community development entities.
Section 25.5 of this bill makes an appropriation to the Department of Business and Industry for costs to carry out the provisions of this bill.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 231A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. Impact qualified active low-income community business means a qualified active low-income community business as that term is defined in section 45D of the Internal Revenue Code of 1986, 26 U.S.C. § 45D, and 26 C.F.R. § 1.45D-1, except that term is limited to those businesses specified in section 7 of this act.
κ2023 Statutes of Nevada, Page 3356 (CHAPTER 517, SB 240)κ
defined in section 45D of the Internal Revenue Code of 1986, 26 U.S.C. § 45D, and 26 C.F.R. § 1.45D-1, except that term is limited to those businesses specified in section 7 of this act.
Sec. 3. Impact qualified community development entity means:
1. A partnership, limited-liability company or corporation that has its principal business operations in this State and is engaged in lending or other investment activity;
2. A qualified community development entity that complies with NRS 221A.180; or
3. A qualified community development financial institution, as that term is defined in the Community Development Banking and Financial Institutions Act of 1994, 12 U.S.C. § 4702(5).
Sec. 4. 1. Impact qualified equity investment means any equity investment in, or long-term debt security issued by, an impact qualified community development entity that:
(a) Except as otherwise provided in this section, is acquired after July 1, 2024, solely in exchange for cash at the original issuance of the equity investment;
(b) Has at least 85 percent of the cash purchase price of the equity investment used by the issuer to make qualified low-income community investments in impact qualified active low-income community businesses located in this State by the first anniversary of the initial credit allowance date; and
(c) Is designated by the issuer as an impact qualified equity investment under this section and is certified by the Department as complying with the limitations contained in subsection 6 of NRS 231A.230.
2. The term includes an investment that does not meet the requirements of subsection 1 if the investment was an impact qualified equity investment in the possession or control of a prior holder.
Sec. 5. Principal business operations means the physical location of a business where at least 60 percent of the employees of the business work.
Sec. 6. A business that agrees to use the proceeds of a qualified low-income community investment to establish principal business operations in this State shall be deemed to have its principal business operations in this State if, within 180 days after receiving the qualified low-income community investment or such other time as agreed to in writing by the business and the Department, the business has a physical location in this State where at least 60 percent of the employees of the business work.
Sec. 7. 1. For the purposes of section 2 of this act, an impact qualified active low-income community business is limited to those businesses which have their principal business operations in this State and:
(a) Whose primary North American Industry Classification System classification is within sector 31, 32 or 33 or sector 44 or 45; or
(b) Are businesses that have 51 percent or more of its ownership interest held by women, disabled veterans, persons who are lesbian, gay, bisexual or transgender or members of a racial or ethnic minority group.
2. A business must be considered an impact qualified active low-income community business for the duration of the impact qualified community development entitys investment in, or loan to, the business if the entity reasonably expects, at the time it makes the investment or loan, that the business will continue to satisfy the requirements for being an impact qualified active low-income community business throughout the entire period of the investment or loan.
κ2023 Statutes of Nevada, Page 3357 (CHAPTER 517, SB 240)κ
that the business will continue to satisfy the requirements for being an impact qualified active low-income community business throughout the entire period of the investment or loan.
3. Except as otherwise provided in this subsection, the businesses limited by this section do not include any business that derives or projects to derive 15 percent or more of its annual revenue from the rental or sale of real estate. This exclusion does not apply to a business that is controlled by, or under common control with, another business if the second business:
(a) Does not derive or project to derive 15 percent or more of its annual revenue from the rental or sale of real estate; and
(b) Is the primary tenant of the real estate leased from the first business.
4. Except as otherwise provided in subsection 5, the following businesses are not impact qualified active low-income community businesses:
(a) A business that has received an abatement from taxation pursuant to NRS 274.310, 274.320, 274.330, 360.750, 360.753 or 360.754.
(b) An entity that has liability for insurance premium tax on a premium tax report filed pursuant to NRS 680B.030.
(c) A business engaged in banking or lending.
(d) A massage parlor.
(e) A bath house.
(f) A tanning salon.
(g) A country club.
(h) A business operating under a nonrestricted license for gaming issued pursuant to NRS 463.170.
(i) A liquor store.
(j) A golf course.
5. A business that has received an abatement from taxation pursuant to NRS 274.310, 274.320, 274.330, 360.750, 360.753 or 360.754 is an impact qualified active low-income community business if the business elects to waive the abatement and provides written notice of the waiver of the abatement to the Office of Economic Development not later than the due date of the first payment of any tax which would be abated if the abatement became effective. If the business provides the written notice to the Office of Economic Development:
(a) Within the period required by this subsection:
(1) Any agreement entered into by the business and the Office of Economic Development pursuant to NRS 274.310, 274.320, 274.330, 360.750, 360.753 or 360.754 is void; and
(2) The Office of Economic Development must forward a copy of the written notice to the Department and each governmental entity or official to whom a copy of the certificate of eligibility for the abatement was forwarded.
(b) After the period required by this subsection has expired, the Office of Economic Development must provide written notice to the Department and the business that the abatement has not been waived and the business is not an impact qualified active low-income community business.
κ2023 Statutes of Nevada, Page 3358 (CHAPTER 517, SB 240)κ
Sec. 8. NRS 231A.030 is hereby amended to read as follows:
231A.030 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 231A.040 to 231A.145, inclusive, and sections 2 to 5, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 9. NRS 231A.040 is hereby amended to read as follows:
231A.040 Applicable percentage means :
1. With respect to a qualified equity investment, 0 percent for the first two credit allowance dates, 12 percent for the next three credit allowance dates and 11 percent for the next two credit allowance dates.
2. With respect to an impact qualified equity investment, 0 percent for the first two credit allowance dates and 15 percent for the next five credit allowance dates.
Sec. 10. NRS 231A.050 is hereby amended to read as follows:
231A.050 Credit allowance date means, with respect to any qualified equity investment [:] or impact qualified equity investment:
1. The date on which the investment is initially made; and
2. Each of the six anniversary dates immediately following the date on which the investment is initially made.
Sec. 11. NRS 231A.100 is hereby amended to read as follows:
231A.100 Purchase price means the amount paid to the issuer of a qualified equity investment or impact qualified equity investment for the qualified equity investment [.] or impact qualified equity investment.
Sec. 12. NRS 231A.140 is hereby amended to read as follows:
231A.140 Qualified low-income community investment means any capital or equity investment in, or loan to, any qualified active low-income community business [.] or impact qualified active low-income community business.
Sec. 13. NRS 231A.160 is hereby amended to read as follows:
231A.160 To qualify as long-term debt security, a debt instrument must be issued by a qualified community development entity [,] or impact qualified community development entity, at par value or a premium, with an original maturity date of at least 7 years after the date of its issuance, with no acceleration of repayment, amortization or prepayment features before its original maturity date. The qualified community development entity or impact qualified community development entity that issues the debt instrument must not make interest payments in the form of cash on the debt instrument during the period beginning on the date of issuance and ending on the final credit allowance date in an amount that exceeds the cumulative operating income, as defined by regulations adopted under section 45D of the Internal Revenue Code of 1986, 26 U.S.C. § 45D, of the qualified community development entity or impact qualified community development entity for that period before giving effect to the interest expense of the long-term debt security. This section does not limit the holders ability to accelerate payments on the debt instrument in situations in which the issuer has defaulted on covenants designed to ensure compliance with this chapter or section 45D of the Internal Revenue Code of 1986, 26 U.S.C. § 45D.
Sec. 14. NRS 231A.200 is hereby amended to read as follows:
231A.200 An entity that makes a qualified equity investment or impact qualified equity investment earns a vested right to credit against the entitys liability for insurance premium tax on a premium tax report filed pursuant to NRS 680B.030 that may be used as follows:
κ2023 Statutes of Nevada, Page 3359 (CHAPTER 517, SB 240)κ
1. Except as otherwise provided in this subsection, on each credit allowance date of the qualified equity investment [,] or impact qualified equity investment, the entity, or the subsequent holder of the qualified equity investment [,] or impact qualified equity investment, is entitled to use a portion of the credit during the taxable year that includes the credit allowance date. If an entity makes a [qualified] :
(a) Qualified equity investment on or after July 1, 2019, but before July 1, 2024, the entity may not use any portion of the credit against the entitys liability for insurance premium tax for any period beginning before July 1, 2021.
(b) Qualified equity investment or impact qualified equity investment on or after July 1, 2024, the entity may not use any portion of the credit against the entitys liability for insurance premium tax for any period beginning before July 1, 2026.
2. The credit amount is equal to the applicable percentage for the credit allowance date multiplied by the purchase price paid to the issuer of the qualified equity investment [.] or impact qualified equity investment.
3. Except as otherwise provided in subsection 4, the amount of the credit claimed by an entity must not exceed the amount of the entitys liability for insurance premium tax for the tax year for which the credit is claimed.
4. If the insurance premium tax is eliminated or reduced below the level that was in effect on the first credit allowance date, the entity is entitled to a credit against any other taxes paid to the Department of Taxation in an amount equal to the difference between the amount the entity would have been able to claim against its insurance premium tax liability had the tax not been eliminated or reduced and the amount the entity was actually able to claim, if any.
Κ Any amount of tax credit that the entity is prohibited from claiming in a taxable year as a result of subsection 3 or 4 may be carried forward for use in any subsequent taxable year.
Sec. 15. NRS 231A.220 is hereby amended to read as follows:
231A.220 1. An insurer or an affiliate of an insurer may not:
(a) Manage a qualified community development entity [;] or impact qualified community development entity; or
(b) Control the direction of equity investments for a qualified community development entity [.] or impact qualified community development entity.
2. The provisions of subsection 1 apply to any entity described in subsection 1 regardless of whether the entity does business in this State.
3. This section does not preclude an entity described in subsection 1 from exercising legal rights or remedies, including the interim management of a qualified community development entity [,] or impact qualified community development entity, with respect to a qualified community development entity or impact qualified community development entity that is in default of any statutory or contractual obligations to the entity described in subsection 1.
4. This chapter does not limit the amount of nonvoting equity interests in a qualified community development entity or impact qualified community development entity that an entity described in subsection 1 may own.
5. For the purposes of this section:
(a) Affiliate of an insurer has the meaning ascribed to the term affiliate in NRS 692C.030.
κ2023 Statutes of Nevada, Page 3360 (CHAPTER 517, SB 240)κ
(b) Insurer has the meaning ascribed to it in NRS 679A.100.
Sec. 16. NRS 231A.230 is hereby amended to read as follows:
231A.230 1. A qualified community development entity or impact qualified community development entity that seeks to have an equity investment or long-term debt security designated as a qualified equity investment or impact qualified equity investment and eligible for tax credits under this chapter must apply to the Department for that designation. An application submitted by a qualified community development entity or impact qualified community development entity must include the following:
(a) If the application is for the designation of an equity investment or long-term debt security as a qualified equity investment:
(1) Evidence of the applicants certification as a qualified community development entity.
[(b)] (2) A copy of an allocation agreement executed by the applicant, or its controlling entity, and the Community Development Financial Institutions Fund of the United States Department of the Treasury which includes the State of Nevada in the service area set forth in the allocation agreement.
[(c)] (3) A certificate executed by an executive officer of the applicant:
[(1)] (I) Attesting that the allocation agreement remains in effect and has not been revoked or cancelled by the Community Development Financial Institutions Fund; and
[(2)] (II) Setting forth the cumulative amount of allocations awarded to the applicant by the Community Development Financial Institutions Fund.
[(d)] (b) If the application is for the designation of an equity investment or long-term debt security as an impact qualified equity investment:
(1) Proof that the applicant is an impact qualified community development entity; and
(2) The documentation required pursuant to subparagraphs (1), (2) and (3) of paragraph (a) if the impact qualified community development entity has been certified as a qualified community development entity.
(c) A description of the proposed amount, structure and purchaser of the qualified equity investment [.] or impact qualified equity investment.
[(e)] (d) If known at the time of application, identifying information for any entity that will use the tax credits earned as a result of the issuance of the qualified equity investment.
[(f)] (e) Examples of the types of qualified active low-income businesses or impact qualified active low-income community businesses in which the applicant, its controlling entity or the affiliates of its controlling entity have invested under the federal New Markets Tax Credit Program. An applicant is not required to identify the qualified active low-income community businesses or impact qualified active low-income community businesses in which it will invest when submitting an application.
[(g)] (f) A nonrefundable application fee of $5,000. This fee must be paid to the Department and is required for each application submitted.
[(h)] (g) The refundable performance fee required by subsection 1 of NRS 231A.270.
2. Within 30 days after receipt of a completed application containing the information set forth in subsection 1, including the payment of the application fee and the refundable performance fee, the Department shall grant or deny the application in full or in part. If the Department denies any part of the application, it shall inform the qualified community development entity or impact qualified community development entity of the grounds for the denial.
κ2023 Statutes of Nevada, Page 3361 (CHAPTER 517, SB 240)κ
entity or impact qualified community development entity of the grounds for the denial. If the qualified community development entity or impact qualified community development entity provides any additional information required by the Department or otherwise completes its application within 15 days after the date of the notice of denial, the application must be considered complete as of the original date of submission. If the qualified community development entity or impact qualified community development entity fails to provide the information or complete its application within the 15-day period, the application remains denied and must be resubmitted in full with a new date of submission.
3. If the application is complete, the Department shall certify the proposed equity investment or long-term debt security as a qualified equity investment or impact qualified equity investment that is eligible for tax credits under this chapter, subject to the limitations contained in subsection 5 [.] or 6 The Department shall provide written notice of the certification to the qualified community development entity [.] or impact qualified community development entity. The notice must include the names of those entities who will earn the credits and their respective credit amounts. If the names of the entities that are eligible to use the credits change as the result of a transfer of a qualified equity investment or impact qualified equity investment or an allocation pursuant to NRS 231A.210, the qualified community development entity or impact qualified community development entity shall notify the Department of the change.
4. The Department shall certify qualified equity investments and impact qualified equity investments in the order applications are received by the Department. Applications received on the same day shall be deemed to have been received simultaneously. For applications that are complete and received on the same day, the Department shall certify, consistent with remaining qualified equity investment or impact qualified equity investment capacity, the qualified equity investments or impact qualified equity investments in proportionate percentages based upon the ratio that the amount of qualified equity investment or impact qualified equity investment requested in an application bears to the total amount of qualified equity investments or impact qualified equity investments requested in all applications received on the same day.
5. The Department:
(a) Shall certify $200,000,000 in qualified equity investments before July 1, 2019, [and] $200,000,000 in qualified equity investments on or after July 1, 2019 [;] , and $170,000,000 in qualified equity investments on or after July 1, 2024;
(b) Shall not certify any single qualified equity investment of less than $8,000,000 [; and] , except as provided in paragraph (d);
(c) Shall not certify more than a total of $50,000,000 in qualified equity investments to any single applicant, including all affiliates and partners of the applicant which are qualified community development entities [.
Κ] ; and
(d) If a pending request cannot be fully certified because of [these] the limits [, the Department] set forth in this subsection, shall certify the portion that may be certified unless the qualified community development entity elects to withdraw its request rather than receive partial certification.
κ2023 Statutes of Nevada, Page 3362 (CHAPTER 517, SB 240)κ
6. The Department:
(a) Shall certify $30,000,000 in impact qualified equity investments on or after July 1, 2024;
(b) Shall not certify any single impact qualified equity investment of less than $8,000,000, except as provided in paragraph (c); and
(c) If a pending request cannot be fully certified because of the limits set forth in this subsection, shall certify the portion that may be certified unless the impact qualified community development entity elects to withdraw its request rather than receive partial certification.
7. An approved applicant may transfer all or a portion of its certified qualified equity investment or impact qualified equity investment authority to its controlling entity or any affiliate or partner of the controlling entity which is also a qualified community development entity [,] or impact qualified community development entity, as applicable, if the applicant provided the information required in the application with respect to the transferee and the applicant notifies the Department of the transfer within 30 days after the transfer.
[7.] 8. Within 30 days after the applicant receives notice of certification, the qualified community development entity , impact qualified community development entity or any transferee pursuant to subsection [6] 7 shall issue the qualified equity investment or impact qualified equity investment and receive cash in the amount certified by the Department. The qualified community development entity , impact qualified community development entity or transferee under subsection [6] 7 must provide the Department with evidence of the receipt of the cash investment within 10 business days after receipt. If the qualified community development entity , impact qualified community development entity or any transferee under subsection [6] 7 does not receive the cash investment and issue the qualified equity investment or impact qualified equity investment within 30 days after receipt of the notice of certification, the certification lapses and the entity may not issue the qualified equity investment or impact qualified equity investment without reapplying to the Department for certification. Lapsed certifications revert back to the Department and must be reissued, first, pro rata to other applicants whose qualified equity investment or impact qualified equity investment allocations were reduced pursuant to subsection 4 and, thereafter, in accordance with requirements for submitting the application.
Sec. 17. NRS 231A.240 is hereby amended to read as follows:
231A.240 1. A qualified community development entity which issues qualified equity investments under this chapter shall make qualified low-income community investments in businesses located in severely distressed census tracts, on a combined basis with all of its affiliated qualified community development entities that have issued qualified equity investments under this chapter, in an amount equal to at least 30 percent of the purchase price of all qualified equity investments issued by such entities.
2. The Director may reduce the requirement in subsection 1 to 20 percent if the qualified community development entity uses its commercially reasonable best efforts to satisfy the requirements of subsection 1 and fails to do so within 9 months after its initial credit allowance date.
3. A qualified community development entity or impact qualified community development entity which makes a qualified low-income community investment must allow the business in which the qualified low-income community investment is made to apply to refinance the qualified low-income investment if at least 4 years has passed since the qualified community development entity or impact qualified community development entity made the qualified low-income investment and the qualified low-income investment has not previously been refinanced.
κ2023 Statutes of Nevada, Page 3363 (CHAPTER 517, SB 240)κ
low-income community investment is made to apply to refinance the qualified low-income investment if at least 4 years has passed since the qualified community development entity or impact qualified community development entity made the qualified low-income investment and the qualified low-income investment has not previously been refinanced.
4. As used in this section, severely distressed census tract means a census tract that, in the immediately preceding census, had:
(a) More than 30 percent of households with a household income below the federally designated level signifying poverty;
(b) A median household income of less than 60 percent of the median household income in this State; or
(c) A rate of unemployment that was equal to or greater than 150 percent of the national average.
Sec. 18. NRS 231A.245 is hereby amended to read as follows:
231A.245 1. A qualified community development entity or impact qualified community development entity may make a qualified low-income community investment jointly with one or more other qualified community development entities [.] or impact qualified community development entities.
2. A qualified community development entity or impact qualified community development entity may make a qualified low-income community investment using money attributable to:
(a) The purchase price of a qualified equity investment [;] or impact qualified equity investment;
(b) The amount paid to a qualified community development entity or impact qualified community development entity for a qualified equity investment, as defined in 26 U.S.C. § 45D(b), by an entity that receives a tax credit pursuant to 26 U.S.C. § 45D; or
(c) Any combination of the amounts described in paragraphs (a) and (b).
Sec. 19. NRS 231A.250 is hereby amended to read as follows:
231A.250 Except as otherwise provided in NRS 231A.260, the Department shall recapture, from the entity that claimed the credit on a return, the tax credit allowed under this chapter if:
1. Any amount of a federal tax credit available with respect to a qualified equity investment or impact qualified equity investment that is eligible for a credit under this chapter is recaptured under section 45D of the Internal Revenue Code of 1986, 26 U.S.C. § 45D. In such a case, the Departments recapture must be proportionate to the federal recapture with respect to the qualified equity investment [.] or impact qualified equity investment.
2. The issuer redeems or makes principal repayment with respect to a qualified equity investment or impact qualified equity investment before the seventh anniversary of the issuance of the qualified equity investment [.] or impact qualified equity investment. In such a case, the Departments recapture must be proportionate to the amount of the redemption or repayment with respect to the qualified equity investment [.] or impact qualified equity investment.
3. The issuer fails to invest an amount equal to 85 percent of the purchase price of the qualified equity investment or impact qualified equity investment in qualified low-income community investments in this State within 12 months after the issuance of the qualified equity investment or impact qualified equity investment and maintain at least an 85-percent level of investment in qualified low-income community investments in the State until the last credit allowance date for the qualified equity investment [.]
κ2023 Statutes of Nevada, Page 3364 (CHAPTER 517, SB 240)κ
impact qualified equity investment and maintain at least an 85-percent level of investment in qualified low-income community investments in the State until the last credit allowance date for the qualified equity investment [.] or impact qualified equity investment. For the purposes of this chapter, an investment shall be deemed held by an issuer even if the investment has been sold or repaid if the issuer reinvests an amount equal to the capital returned to or recovered by the issuer from the original investment, exclusive of any profits realized, in another qualified low-income community investment within 12 months after the receipt of such capital. An issuer is not required to reinvest capital returned from qualified low-income community investments after the earlier of:
(a) The sixth anniversary of the issuance of the qualified equity investment [,] or impact qualified equity investment, the proceeds of which were used to make the qualified low-income community investment; or
(b) The date by which a qualified community development entity or impact qualified community development entity has made qualified low-income community investments with the proceeds of the qualified equity investment or impact qualified equity investment on a cumulative basis equal to at least 150 percent of those proceeds, in which case the qualified low-income community investment must be considered held by the issuer through the seventh anniversary of the [qualified equity investments] issuance [.] of the qualified equity investment or impact qualified equity investment.
4. At any time before the final credit allowance date of a qualified equity investment [,] or impact qualified equity investment, the issuer uses the cash proceeds of the qualified equity investment or impact qualified equity investment to make qualified low-income community investments in any one qualified active low-income community business [,] impact qualified active low-income community business, including affiliated qualified active low-income community businesses [,] or impact qualified active low-income community businesses, exclusive of reinvestments of capital returned or repaid with respect to earlier investments in the qualified active low-income community business or impact qualified active low-income community business and its affiliates, in excess of 25 percent of those cash proceeds.
Κ As used in this section, cash proceeds or proceeds means the amount paid to the issuer of a qualified equity investment or impact qualified equity investment for the qualified equity investment [.] or impact qualified equity investment.
Sec. 20. NRS 231A.260 is hereby amended to read as follows:
231A.260 Enforcement of each of the recapture provisions set forth in NRS 231A.250 is subject to a 6-month cure period. No recapture may occur until the qualified community development entity or impact qualified community development entity has been given notice of noncompliance and afforded 6 months after the date of the notice to cure the noncompliance.
Sec. 21. NRS 231A.270 is hereby amended to read as follows:
231A.270 1. A qualified community development entity or impact qualified community development entity that seeks to have an equity investment or long-term debt security designated as a qualified equity investment or impact qualified equity investment and eligible for tax credits under this chapter must pay a fee in the amount of 0.5 percent of the amount of the equity investment or long-term debt security requested to be designated as a qualified equity investment or impact qualified equity investment to the Department.
κ2023 Statutes of Nevada, Page 3365 (CHAPTER 517, SB 240)κ
of the equity investment or long-term debt security requested to be designated as a qualified equity investment or impact qualified equity investment to the Department. The fee must be deposited in the New Markets Performance Guarantee Account, which is hereby created in the State General Fund. The entity forfeits the fee in its entirety if:
(a) The qualified community development entity or impact qualified community development entity and its affiliates and partners which are also qualified community development entities or impact qualified community development entities fail to issue the total amount of qualified equity investments or impact qualified equity investments certified by the Department and receive cash in the total amount certified pursuant to subsection 3 of NRS 231A.230; or
(b) The qualified community development entity or impact qualified community development entity or any affiliate or partner which is also a qualified community development entity or impact qualified community development entity that issues a qualified equity investment or impact qualified equity investment certified under this chapter fails to meet the investment requirement specified in subsection 3 of NRS 231A.250 by the second credit allowance date of the qualified equity investment [.] or impact qualified equity investment. Forfeiture of the fee under this paragraph is subject to the 6-month cure period established pursuant to NRS 231A.260.
2. The fee required pursuant to subsection 1 must be paid to the Department and held in the New Markets Performance Guarantee Account until such time as compliance with the provisions of subsection 1 has been established. The qualified community development entity or impact qualified community development entity may request a refund of the fee from the Department no sooner than 30 days after having met all the requirements of subsection 1. The Department shall refund the fee within 30 days after such a request or being given notice of noncompliance.
Sec. 22. NRS 231A.300 is hereby amended to read as follows:
231A.300 1. Once certified under subsection 3 of NRS 231A.230, a qualified equity investment or impact qualified equity investment may not be decertified unless all the requirements of subsection 2 have been met. Until all qualified equity investments or impact qualified equity investments issued by a qualified community development entity or impact qualified community development entity are decertified under this section, the qualified community development entity or impact qualified community development entity is not entitled to distribute to its equity holders or make cash payments on long-term debt securities that have been designated as qualified equity investments or impact qualified equity investments in an amount that exceeds the sum of:
(a) The cumulative operating income, as defined by regulations adopted under section 45D of the Internal Revenue Code of 1986, 26 U.S.C. § 45D, earned by the qualified community development entity or impact qualified community development entity since issuance of the qualified equity investment [,] or impact qualified equity investment before giving effect to any interest expense from the long-term debt securities designated as qualified equity investments [;] or impact qualified equity investments; and
κ2023 Statutes of Nevada, Page 3366 (CHAPTER 517, SB 240)κ
(b) Fifty percent of the purchase price of the qualified equity investments or impact qualified equity investments issued by the qualified community development entity [.] or impact qualified community development entity.
2. To be decertified, a qualified equity investment or impact qualified equity investment must:
(a) Be beyond its seventh credit allowance date;
(b) Have been in compliance with NRS 231A.250 through its seventh credit allowance date, including coming into compliance during any cure period allowed pursuant to NRS 231A.260; and
(c) Have had its proceeds invested in qualified active low-income community investments such that the total qualified active low-income community investments made, cumulatively including reinvestments, exceeds 150 percent of its qualified equity investment [.] or impact qualified equity investment.
3. A qualified community development entity or impact qualified community development entity that seeks to have a qualified equity investment or impact qualified equity investment decertified pursuant to this section must send notice to the Department of its request for decertification together with evidence supporting the request. The provisions of paragraph (b) of subsection 2 shall be deemed to be met if no recapture action has been commenced by the Department as of the seventh credit allowance date. The Department shall respond to such a request within 30 days after receiving the request. Such a request must not be unreasonably denied. If the request is denied for any reason, the burden of proof is on the Department in any subsequent administrative or legal proceeding.
Sec. 23. NRS 231A.310 is hereby amended to read as follows:
231A.310 A qualified community development entity or impact qualified community development entity is not entitled to pay to any affiliate of the qualified community development entity or impact qualified community development entity any fees in connection with any activity under this chapter before decertification pursuant to NRS 231A.300 of all qualified equity investments or qualified equity investments issued by the qualified community development entity [.] or impact qualified community development entity. This section does not prohibit a qualified community development entity or impact qualified community development entity from allocating or distributing income earned by it to such affiliates or paying reasonable interest on amounts loaned to the qualified community development entity or impact qualified community development entity by those affiliates.
Sec. 24. NRS 231A.320 is hereby amended to read as follows:
231A.320 1. The Director shall conduct an annual review of each qualified community development entity and impact qualified community development entity that has been granted an application for a qualified equity investment or impact qualified equity investment pursuant to NRS 231A.230 to ensure that:
(a) The qualified community development entity or impact qualified community development entity remains in compliance with the provisions of this chapter and any regulations adopted pursuant thereto; and
(b) Any qualified equity investment or impact qualified equity investment certified pursuant to NRS 231A.230 meets the eligibility criteria prescribed in this chapter and any regulations adopted pursuant thereto.
κ2023 Statutes of Nevada, Page 3367 (CHAPTER 517, SB 240)κ
2. On June 30 of each even-numbered year, the Director shall submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature. The report must include, for each qualified equity investment and impact qualified equity investment certified pursuant to NRS 231A.230:
(a) Information on the impact of the qualified equity investment or impact qualified equity investment on the economy of this State, including, without limitation, the number of jobs created by the qualified equity investment [;] or impact qualified equity investment; and
(b) Proof that the qualified community development entity or impact qualified community development entity responsible for the qualified equity investment or impact qualified equity investment is in compliance with the provisions of this chapter and any regulations adopted pursuant thereto.
Sec. 25. NRS 680B.0365 is hereby amended to read as follows:
680B.0365 Each insurer that makes a qualified equity investment, as defined in NRS 231A.130, or impact qualified equity investment, as defined in section 4 of this act, or is allocated a credit pursuant to NRS 231A.210 is entitled to a credit against the premium tax in the manner provided in NRS 231A.200.
Sec. 25.5. 1. There is hereby appropriated from the State General Fund to the Department of Business and Industry for the Business and Industry Administration budget account for personnel, operating and travel costs to carry out the provisions of this act the following sums:
For the Fiscal Year 2023-2024.................................................... $103,135
For the Fiscal Year 2024-2025....................................................... $99,665
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
Sec. 26. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 3368κ
Senate Bill No. 9Committee on Education
CHAPTER 518
[Approved: June 15, 2023]
AN ACT relating to education; revising the date by which a school district or public school is required to create and post certain reports on the Internet; revising certain limitations on the use of money appropriated for programs of career and technical education; eliminating end-of-course finals; revising provisions governing educational involvement accords; eliminating the use of certain forms prescribed by the Department of Education that teachers in elementary schools are authorized to use to provide certain reports to parents and legal guardians of pupils; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires each school district and public school in this State to create and post on the Internet on or before October 1 of each year a report relating to educational expenditures, personnel employed and services provided by the school district or public school, as applicable, during the immediately preceding school year. (NRS 387.12468) Section 1 of this bill extends the deadline for the creation and posting of the report to on or before January 1 of each year.
Existing law prohibits the State Board of Education from using more than 7.5 percent of the money appropriated for programs of career and technical education to provide certain leadership and training activities, including: (1) activities by or for a pupil organization; (2) training and conferences for teachers; (3) marketing of career and technical education classes; and (4) the development of standards and assessments of career and technical education. (NRS 388.392) Section 2 of this bill increases this limitation to 20 percent of such appropriated money and expands the activities for which money within the 20 percent limitation may be used to include: (1) certain specific training activities for teachers of classes or programs of career and technical education; and (2) certain activities relating to work-based learning, industry-recognized credentials and career exploration.
Existing law requires the State Board to prescribe criterion-referenced examinations to measure the achievement of pupils who are enrolled in grades 3 to 12, inclusive. (NRS 390.105) Existing law also requires the State Board to select a college and career readiness assessment to be administered to pupils who are enrolled in grade 11. (NRS 390.610) Existing law additionally requires the State Board to adopt regulations regarding end-of-course finals, including the courses for which an end-of-course final must be administered. (NRS 390.700) Sections 3 and 5 of this bill eliminate end-of-course finals.
The federal Every Student Succeeds Act of 2015 requires local educational agencies to develop a written policy for meaningful parental and family involvement with the education of the pupil. (20 U.S.C. § 6318) Existing state law also requires all public schools in the State to use educational involvement accords, which are agreements between the schools and parents concerning the responsibilities of the parents, pupils and schools. Existing law requires: (1) the Department of Education to prescribe a form for educational involvement accords that complies with the policies of the federal Every Student Succeeds Act of 2015 and the policies of this State to involve parents and families in the education of the pupil; and (2) the board of trustees of each school district to adopt a policy providing for the development and distribution of educational involvement accords. (NRS 392.4575) Section 4 of this bill removes the requirement for the Department to prescribe such a form and, instead, requires the Department to ensure that public schools use educational involvement accords that comply with certain federal and state policies.
κ2023 Statutes of Nevada, Page 3369 (CHAPTER 518, SB 9)κ
Section 4 of this bill removes the requirement for the Department to prescribe such a form and, instead, requires the Department to ensure that public schools use educational involvement accords that comply with certain federal and state policies. Section 5 also eliminates a form prescribed by the Department that teachers in elementary schools are authorized to use to provide reports to parents and legal guardians concerning parental involvement and compliance by pupils with certain school policies. (NRS 392.456)
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 387.12468 is hereby amended to read as follows:
387.12468 1. On or before [October] January 1 of each year, each school district shall create a report that includes a description of the personnel employed and services provided by the school district during the immediately preceding school year and any changes that the school district anticipates making to the personnel and services during the current school year. The school district shall post a copy of the report on the Internet website maintained by the school district.
2. On or before [October] January 1 of each year, each public school shall create a report that includes a description of the personnel employed and services provided by the school during the immediately preceding school year and any changes the school anticipates making to the personnel and services during the current school year. The public school shall post a copy of the report on the Internet website maintained by the public school or, if the public school does not maintain an Internet website, on the Internet website maintained by the school district or the governing body or sponsor of the public school, as applicable.
3. The Department shall prescribe by regulation the format and contents of the information to be provided to create the report created by each school district pursuant to subsection 1 and each public school pursuant to subsection 2. The reports must include, as applicable and without limitation:
(a) Each grade level at which the public school enrolls pupils;
(b) The number of pupils attending the public school;
(c) The average class size at the public school;
(d) The number of persons employed by the public school to provide instruction, support to pupils, administrative support and other personnel including, without limitation, the number of employees in any subgroup of each type or classification of personnel as prescribed by the Department;
(e) The professional development provided by the public school;
(f) The amount of money spent per pupil for supplies, materials, equipment and textbooks;
(g) For each category of pupils for which the public school receives any additional funding, including, without limitation, pupils with disabilities, pupils who are English learners, at-risk pupils and gifted and talented pupils:
(1) The number of pupils in each category who attend the public school;
(2) If the Department determines that pupils within a category must be divided based on severity of need, the number of pupils in each such subcategory; and
κ2023 Statutes of Nevada, Page 3370 (CHAPTER 518, SB 9)κ
(3) The number of persons employed to provide instruction, support to pupils, administrative support and other personnel employed by the public school and dedicated to providing services to each category or subcategory of pupils, including, without limitation, any subgroup of each kind of personnel prescribed by the Department;
(h) The total amount of money received to support the operations of the public school, divided by the number of pupils enrolled in the public school and expressed as a per pupil amount;
(i) The total amount of money received by the public school as adjusted base per pupil funding, divided by the number of pupils enrolled in the public school and expressed as a per pupil amount; and
(j) The amount of money received by the public school as weighted funding for each category of pupils supported by weighted funding, divided by the number of pupils enrolled in the public school who are identified in the appropriate category and expressed as a per pupil amount for each category.
Sec. 2. NRS 388.392 is hereby amended to read as follows:
388.392 1. Of state money appropriated for use in a fiscal year for programs of career and technical education, the State Board shall not use more than [7.5] 20 percent to provide leadership and training activities or workforce development activities, or both, in that fiscal year.
2. Before allocating state money, if any, to provide leadership and training activities [,] or workforce development activities, or both, the State Board shall:
(a) Distribute 30 percent of the state money in the manner set forth in NRS 388.393; and
(b) Distribute not more than 5 percent of the state money to pupil organizations for career and technical education in the manner set forth in NRS 388.394.
3. After distributing the state money pursuant to subsection 2 and allocating state money, if any, to provide leadership and training activities [,] or workforce development activities, or both, the State Board shall distribute the remainder of state money in the manner set forth in NRS 388.395.
4. The State Board shall request that representatives of the industry sector councils established pursuant to subsection 2 of NRS 232.935 provide recommendations to the Superintendent of Public Instruction on the awarding of grants pursuant to NRS 388.393.
5. As used in this section [, leadership] :
(a) Leadership and training activities means:
[(a)] (1) Activities by or for pupil organizations for career and technical education;
[(b)] (2) Training activities for teachers of classes or programs of career and technical education [;
(c)] , including, without limitation:
(I) Training activities to support pupils who are earning industry-recognized credentials, as identified by the Governors Office of Workforce Innovation pursuant to paragraph (d) of subsection 4 of NRS 232.975; and
(II) Training activities to provide dual credit courses in career and technical education to pupils;
κ2023 Statutes of Nevada, Page 3371 (CHAPTER 518, SB 9)κ
(3) Activities at or for a conference of teachers of classes or programs of career and technical education;
[(d)] (4) Promotion and marketing of classes or programs of career and technical education; and
[(e)] (5) The development of standards and assessments of career and technical education for the purposes of leadership and training.
(b) Workforce development activities means:
(1) Activities by or for pupils participating in a work-based learning program pursuant to NRS 389.167;
(2) Activities by or for pupils to earn industry-recognized credentials, as identified by the Governors Office of Workforce Innovation pursuant to paragraph (d) of subsection 4 of NRS 232.975; and
(3) Activities by or for pupils enrolled in middle school or junior high school who are participating in career exploration.
Sec. 3. NRS 389.0186 is hereby amended to read as follows:
389.0186 1. Except as otherwise provided in this section, each public high school, including without limitation, a charter school, must allow a pupil enrolled in the school to receive a fourth unit of credit towards the mathematics credits required for graduation from high school or a third unit of credit towards the science credits required for graduation from high school for successful completion of:
(a) An advanced placement computer science course;
(b) A computer science course that is offered through a program of career and technical education; or
(c) A computer science course that is offered by a community college or university which has been approved pursuant to NRS 389.160.
2. A pupil [:
(a) May] may not apply more than one unit of credit received for the completion of one or more courses described in subsection 1 toward the mathematics or science credits required for graduation from high school.
[(b) Must successfully complete each mathematics or science course for which an end-of-course examination is prescribed by the State Board pursuant to 20 U.S.C. § 6311(b)(2).]
Sec. 4. NRS 392.4575 is hereby amended to read as follows:
392.4575 1. The Department shall [prescribe a form for educational involvement accords to be used by] ensure that all public schools in this State [.] use educational involvement accords that comply with the requirements of this section. The educational involvement accord must comply with the policy:
(a) For parental involvement required by the federal Every Student Succeeds Act of 2015, as set forth in 20 U.S.C. § 6318.
(b) For parental involvement and family engagement adopted by the State Board pursuant to NRS 392.457.
2. Each educational involvement accord must include, without limitation:
(a) A description of how the parent or legal guardian will be involved in the education of the pupil, including, without limitation:
(1) Reading to the pupil, as applicable for the grade or reading level of the pupil;
κ2023 Statutes of Nevada, Page 3372 (CHAPTER 518, SB 9)κ
(2) Reviewing and checking the pupils homework; and
(3) Contributing 5 hours of time each school year, including, without limitation, by attending school-related activities, parent-teacher association meetings, parent-teacher conferences, volunteering at the school and chaperoning school-sponsored activities.
(b) The responsibilities of a pupil in a public school, including, without limitation:
(1) Reading each day before or after school, as applicable for the grade or reading level of the pupil;
(2) Using all school equipment and property appropriately and safely;
(3) Following the directions of any adult member of the staff of the school;
(4) Completing and submitting homework in a timely manner; and
(5) Respecting himself or herself, others and all property.
(c) The responsibilities of a public school and the administrators, teachers and other personnel employed at a school, including, without limitation:
(1) Ensuring that each pupil is provided proper instruction, supervision and interaction;
(2) Maximizing the educational and social experience of each pupil;
(3) Carrying out the professional responsibility of educators to seek the best interest of each pupil; and
(4) Making staff available to the parents and legal guardians of pupils to discuss the concerns of parents and legal guardians regarding the pupils.
3. Each educational involvement accord must be accompanied by, without limitation:
(a) Information describing how the parent or legal guardian may contact the pupils teacher and the principal of the school in which the pupil is enrolled;
(b) The curriculum of the course or standards for the grade in which the pupil is enrolled, as applicable, including, without limitation, a calendar that indicates the dates of major examinations and the due dates of significant projects, if those dates are known by the teacher at the time that the information is distributed;
(c) The homework and grading policies of the pupils teacher or school;
(d) Directions for finding resource materials for the course or grade in which the pupil is enrolled, as applicable;
(e) Suggestions for parents and legal guardians to assist pupils in their schoolwork at home;
(f) The dates of scheduled conferences between teachers or administrators and the parents or legal guardians of the pupil;
(g) The manner in which reports of the pupils progress will be delivered to the parent or legal guardian and how a parent or legal guardian may request a report of progress;
(h) The classroom rules and policies;
(i) The dress code of the school, if any;
(j) The availability of assistance to parents who have limited proficiency in the English language;
κ2023 Statutes of Nevada, Page 3373 (CHAPTER 518, SB 9)κ
(k) Information describing the availability of free and reduced-price meals, including, without limitation, information regarding school breakfast, school lunch and summer meal programs;
(l) Opportunities for parents and legal guardians to become involved in the education of their children and to volunteer for the school or class; and
(m) The code of honor relating to cheating prescribed pursuant to NRS 392.461.
4. The board of trustees of each school district shall adopt a policy providing for the development and distribution of the educational involvement accord. The policy adopted by a board of trustees must require each classroom teacher to:
(a) Distribute the educational involvement accord to the parent or legal guardian of each pupil in the teachers class at the beginning of each school year or upon a pupils enrollment in the class, as applicable; and
(b) Provide the parent or legal guardian with a reasonable opportunity to sign the educational involvement accord.
[5. Except as otherwise provided in this subsection, the board of trustees of each school district shall ensure that the form prescribed by the Department is used for the educational involvement accord of each public school in the school district. The board of trustees of a school district may authorize the use of an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.
6. The Department and the board of trustees of each school district shall, at least once each year, review and amend their respective educational involvement accords.]
Sec. 5. NRS 390.700 and 392.456 are hereby repealed.
Sec. 6. 1. This section becomes effective upon passage and approval.
2. Sections 3, 4 and 5 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2023, for all other purposes.
3. Sections 1 and 2 of this act become effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 3374κ
Senate Bill No. 510Committee on Finance
CHAPTER 519
[Approved: June 15, 2023]
AN ACT relating to public employees; making appropriations for the implementation of certain collective bargaining agreements; 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 Office of Finance in the Office of the Governor the sum of $12,269,308 for the costs of implementing all provisions of the collective bargaining agreement covering personnel represented by the bargaining units established in paragraphs (a), (e) and (f) of subsection 1 of NRS 288.515, except those costs for which the 82nd Session of the Nevada Legislature appropriated or authorized the expenditure of money in another act this session that was approved by the Governor.
2. There is hereby appropriated from the State Highway Fund to the Office of Finance in the Office of the Governor the sum of $2,022,496 for the costs of implementing all provisions of the collective bargaining agreement covering personnel represented by the bargaining units established in paragraphs (a), (e) and (f) of subsection 1 of NRS 288.515, except those costs for which the 82nd Session of the Nevada Legislature appropriated or authorized the expenditure of money in another act this session that was approved by the Governor.
Sec. 2. 1. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor the sum of $4,644,028 for the costs of implementing all provisions of the collective bargaining agreement covering personnel represented by the bargaining unit established in paragraph (g) of subsection 1 of NRS 288.515, except those costs for which the 82nd Session of the Nevada Legislature appropriated or authorized the expenditure of money in another act this session that was approved by the Governor.
2. There is hereby appropriated from the State Highway Fund to the Office of Finance in the Office of the Governor the sum of $4,806,954 for the costs of implementing all provisions of the collective bargaining agreement covering personnel represented by the bargaining units established in paragraph (g) of subsection 1 of NRS 288.515, except those costs for which the 82nd Session of the Nevada Legislature appropriated or authorized the expenditure of money in another act this session that was approved by the Governor.
Sec. 3. 1. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor the sum of $1,304,025 for the costs of implementing all provisions of the collective bargaining agreement covering personnel represented by the bargaining unit established in paragraph (h) of subsection 1 of NRS 288.515, except those costs for which the 82nd Session of the Nevada Legislature appropriated or authorized the expenditure of money in another act this session that was approved by the Governor.
κ2023 Statutes of Nevada, Page 3375 (CHAPTER 519, SB 510)κ
agreement covering personnel represented by the bargaining unit established in paragraph (h) of subsection 1 of NRS 288.515, except those costs for which the 82nd Session of the Nevada Legislature appropriated or authorized the expenditure of money in another act this session that was approved by the Governor.
2. There is hereby appropriated from the State Highway Fund to the Office of Finance in the Office of the Governor the sum of $262,153 for the costs of implementing all provisions of the collective bargaining agreement covering personnel represented by the bargaining unit established in paragraph (h) of subsection 1 of NRS 288.515, except those costs for which the 82nd Session of the Nevada Legislature appropriated or authorized the expenditure of money in another act this session that was approved by the Governor.
Sec. 4. 1. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor the sum of $45,531,463 for the costs of implementing all provisions of the collective bargaining agreement covering personnel represented by the bargaining unit established in paragraph (i) of subsection 1 of NRS 288.515, except those costs for which the 82nd Session of the Nevada Legislature appropriated or authorized the expenditure of money in another act this session that was approved by the Governor.
2. Expenditure of $5,275,000 not appropriated from the State General Fund or State Highway Fund is hereby authorized during Fiscal Year 2023-2024 and Fiscal Year 2024-2025 by the Office of Finance in the Office of the Governor for the same purpose as set forth in subsection 1.
Sec. 5. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor the sum of $413,488 for the costs of implementing all provisions of the collective bargaining agreement covering personnel represented by the bargaining unit established in paragraph (k) of subsection 1 of NRS 288.515, except those costs for which the 82nd Session of the Nevada Legislature appropriated or authorized the expenditure of money in another act this session that was approved by the Governor.
Sec. 6. Any remaining balance of the appropriations made by sections 1 to 5, 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 fund from which it was appropriated on or before September 19, 2025.
Sec. 7. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 3376κ
Senate Bill No. 226Senator Cannizzaro
Joint Sponsor: Assemblyman Yeager
CHAPTER 520
[Approved: June 15, 2023]
AN ACT relating to governmental financial administration; providing a declaration of legislative intent regarding the payment of prevailing wages on public works projects; establishing certain requirements relating to certain organizations that partner with certain public bodies for the construction of hospitals, medical education buildings or medical research buildings; requiring the payment of prevailing wages on certain leases and lease-purchase and installment-purchase agreements entered into by local governments; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that every contract to which a public body of this State is a party, requiring the employment of skilled mechanics, skilled workers, semiskilled mechanics, semiskilled workers or unskilled labor in the performance of a public work, must contain in express terms the hourly and daily rate of wages to be paid to each of the classes of mechanics and workers. The hourly and daily rate of wages must not be less than the prevailing wage in the region in which the public work is located, as determined by the Labor Commissioner. (NRS 338.020)
Section 2 of this bill makes a declaration of legislative intent finding that: (1) the payment of prevailing wages to workers on public works projects that are funded in whole or in part by public money is essential to the economic well-being of this State, increasing the number of skilled construction workers in this State, enhancing the workforce of the State and increasing redevelopment opportunities in the State; and (2) careful scrutiny of novel leasing and financial arrangements entered into and incentives offered by a public body is necessary to ensure workers are paid the prevailing wage. Section 8 of this bill provides that any regulation adopted by the Labor Commissioner relating to public works must be consistent with the declaration of legislative intent set forth in section 2.
Existing law sets forth certain requirements relating to state financial administration and local financial administration. (Chapters 353 and 354 of NRS) Sections 10.5 and 12.3 of this bill authorize an organization to partner with a state agency or local government and provide private financing only for the construction of a hospital, medical education building or medical research building in this State if the organization: (1) qualifies as a tax-exempt organization and a supporting organization under certain provisions of the Internal Revenue Code; and (2) is organized and operated to support a state agency or local government in the construction of hospitals or such medical buildings.
Existing law makes the prevailing wage requirements applicable to certain, specific construction projects. (NRS 244.286, 244A.058, 244A.763, 268.568, 271.710, 271.800, 278C.240, 279.500, 318.140, 318.144, 321.416, 332.390, 333A.120, 349.670, 349.956, 349.981, 388A.635, 408.3886, 543.545, 701B.265, 701B.625) Sections 10.5 and 12.3 require the payment of prevailing wages on projects developed by such organizations. Sections 10.5 and 12.3 also provide that projects developed by such organizations are exempt from certain provisions of existing law governing the award of contracts and the oversight and involvement of the State Public Works Division of the Department of Administration.
κ2023 Statutes of Nevada, Page 3377 (CHAPTER 520, SB 226)κ
Sections 10.5 and 12.3 require subcontracts for such projects to be competitively bid and authorize an eligible subcontractor who bids on such a project to receive certain bidding preferences. Lastly, sections 10.5 and 12.3 require a contract or agreement entered into with a prime contractor for such a project to include provisions requiring: (1) at least 15 percent of the subcontracts for the project to be awarded to local small businesses; and (2) the use of apprentices in accordance with certain provisions of existing law.
Existing law sets forth a legislative declaration regarding the importance of the use of lease-purchase agreements and installment-purchase agreements by local governments, including the use of such agreements for the construction, alteration, repair or remodeling of an improvement. (NRS 354.740) Sections 12.7 and 12.9 of this bill move this language regarding the use of such agreements for the construction, alteration, repair or remodeling of an improvement from the legislative declaration. Section 12.7 provides that if a local government uses such agreements or leases for the construction, alteration, repair or remodeling of an improvement: (1) the person or entity that executes one or more contracts or agreements for the work must include provisions in the contract or agreement requiring the payment of prevailing wages; and (2) the local government, the contractor and any subcontractor must pay prevailing wages. Section 12.5 of this bill defines agreement for the purposes of these provisions.
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 338 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. The Legislature hereby finds and declares that:
1. The payment of prevailing wages to workers on public works projects that are funded in whole or in part by public money is essential to:
(a) The economic well-being of this State;
(b) Increasing the number of skilled construction workers in this State;
(c) Enhancing the workforce in this State; and
(d) Increasing redevelopment opportunities in this State.
2. To ensure the intentions set forth in subsection 1 are upheld, careful scrutiny of novel leasing and financing arrangements entered into or incentives offered by public bodies for the construction of public works is necessary to ensure that workers on public works projects are paid prevailing wages.
Secs. 3-7. (Deleted by amendment.)
Sec. 8. NRS 338.012 is hereby amended to read as follows:
338.012 1. The Labor Commissioner may adopt such regulations as are necessary to enable the Labor Commissioner to carry out his or her duties pursuant to the provisions of this chapter.
2. Any regulation adopted by the Labor Commissioner pursuant to this chapter must be consistent with the declaration of legislative intent set forth in section 2 of this act.
Sec. 9. (Deleted by amendment.)
Sec. 10. NRS 338.050 is hereby amended to read as follows:
338.050 For the purpose of NRS 338.010 to 338.090, inclusive, and section 2 of this act, except as otherwise provided by specific statute, every worker who performs work for a public work covered by a contract therefor is subject to all of the provisions of NRS 338.010 to 338.090, inclusive, and section 2 of this act, regardless of any contractual relationship alleged to exist between such worker and his or her employer.
κ2023 Statutes of Nevada, Page 3378 (CHAPTER 520, SB 226)κ
section 2 of this act, regardless of any contractual relationship alleged to exist between such worker and his or her employer.
Sec. 10.5. Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An organization may partner with a state agency and provide private financing only for the construction of a hospital, medical education building or medical research building in this State if the organization:
(a) Qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c) and a supporting organization pursuant to 26 U.S.C. § 509(a)(3); and
(b) Is organized and operated to support the state agency in the construction of a hospital, medical education building or medical research building in this State.
2. An organization that meets the criteria set forth in subsection 1:
(a) Is exempt from the provisions of NRS 338.1375 to 338.139, inclusive, in selecting a contractor for a project developed by the organization;
(b) Shall comply with the provisions of NRS 338.013 to 338.090, inclusive; and
(c) Is exempt from the provisions of chapter 341 of NRS and not subject to the oversight or involvement of the State Public Works Division of the Department of Administration, except for any authority of the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section exercised pursuant to subsection 2 of NRS 341.145.
3. All subcontracts for a project developed by an organization that meets the criteria set forth in subsection 1 must be competitively bid pursuant to NRS 338.1685 to 338.16995, inclusive. An eligible subcontractor who bids on such a project is entitled to receive a preference in bidding pursuant to subsection 3 or 4 NRS 338.1389.
4. Any contract or agreement entered into with a prime contractor for a project developed by an organization that meets the criteria set forth in subsection 1 must, without limitation, include provisions requiring:
(a) That at least 15 percent of the subcontracts for the project will be awarded to local small businesses; and
(b) The prime contractor to comply with the requirements of NRS 338.01165 for the use of apprentices.
5. As used in this section, state agency means an agency, board, bureau, commission, department, division, elected officer or any other unit of the Executive Department of the State Government. The term includes the Nevada System of High Education.
Secs. 11 and 12. (Deleted by amendment.)
Sec. 12.2. Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 12.3, 12.5 and 12.7 of this act.
Sec. 12.3. 1. An organization may partner with a local government and provide private financing only for the construction of a hospital, medical education building or medical research building in this State if the organization:
(a) Qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c) and a supporting organization pursuant to 26 U.S.C. § 509(a)(3); and
κ2023 Statutes of Nevada, Page 3379 (CHAPTER 520, SB 226)κ
(b) Is organized and operated to support the local government in the construction of a hospital, medical education building or medical research building in this State.
2. An organization that meets the criteria set forth in subsection 1:
(a) Is exempt from the provisions of NRS 338.1375 to 338.139, inclusive, in selecting a contractor for a project developed by the organization;
(b) Shall comply with the provisions of NRS 338.013 to 338.090, inclusive; and
(c) Is exempt from the provisions of chapter 341 of NRS and not subject to the oversight or involvement of the State Public Works Division of the Department of Administration, except for any authority of the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section exercised pursuant to subsection 2 of NRS 341.145.
3. All subcontracts for a project developed by an organization that meets the criteria set forth in subsection 1 must be competitively bid pursuant to NRS 338.1685 to 338.16995, inclusive. An eligible subcontractor who bids on such a project is entitled to receive a preference in bidding pursuant to subsection 3 or 4 NRS 338.1389.
4. Any contract or agreement entered into with a prime contractor for a project developed by an organization that meets the criteria set forth in subsection 1 must, without limitation, include provisions requiring:
(a) That at least 15 percent of the subcontracts for the project will be awarded to local small businesses; and
(b) The prime contractor to comply with the requirements of NRS 338.01165 for the use of apprentices.
Sec. 12.5. As used in NRS 354.740 and section 12.7 of this act, agreement means an agreement to purchase property in the form of a lease or an agreement to pay in installments, pursuant to which a local government may pay the purchase price of real or personal property over a period of time which extends beyond the biennium in which the agreement is executed, including, without limitation:
1. An agreement pursuant to which a local government may acquire the property that is the subject of the agreement at the end of the term of the agreement or at the end of the term of a renewal of the agreement upon payment of no additional consideration or nominal additional consideration; and
2. An agreement that, for the purposes of federal income tax, is treated as an agreement for conditional sale.
Sec. 12.7. If a local government enters into a lease, lease-purchase or installment-purchase agreement which involves the construction, alteration, repair or remodeling of an improvement:
1. The person or entity that executes one or more contracts or agreements for the actual construction, alteration, repair or remodeling of the improvement shall include in such a contract or agreement the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to the provisions of NRS 338.013 to 338.090, inclusive.
2. The local government, the contractor who is awarded the contract or entered into the agreement to perform the construction, alteration, repair or remodeling of the improvement and any subcontractor on the project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the local government had undertaken the project or had awarded the contract.
κ2023 Statutes of Nevada, Page 3380 (CHAPTER 520, SB 226)κ
on the project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the local government had undertaken the project or had awarded the contract.
Sec. 12.9. NRS 354.740 is hereby amended to read as follows:
354.740 The Legislature hereby finds and declares that:
1. The authority provided by other specific statutes for the government of this State and the political subdivisions of this State to use leases and lease-purchase and installment-purchase agreements provides an important and valuable option for these governmental entities and, when this authority is used properly, provides great benefit to the residents of this State.
2. The statutory provisions governing the use of leases and lease-purchase and installment-purchase agreements should be interpreted to allow the process of entering into and carrying out these agreements to be as streamlined and efficient as possible.
3. The government of this State and the political subdivisions of this State should not use leases and lease-purchase and installment-purchase agreements to:
(a) Engage in or allow bid-shopping; or
(b) Avoid or circumvent any requirement regarding the payment of prevailing wages for public works.
4. When using leases and lease-purchase and installment-purchase agreements, the government of this State and the political subdivisions of this State should provide for the preferential hiring of Nevada residents to the extent otherwise required by law.
[5. If a lease-purchase or installment-purchase agreement pursuant to this section involves the construction, alteration, repair or remodeling of an improvement:
(a) The person or entity that executes one or more contracts or agreements for the actual construction, alteration, repair or remodeling of the improvement shall include in such a contract or agreement the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to the provisions of NRS 338.013 to 338.090, inclusive.
(b) The government of this State or a political subdivision of this State, the contractor who is awarded the contract or entered into the agreement to perform the construction, alteration, repair or remodeling of the improvement and any subcontractor on the project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the government of this State or a political subdivision of this State had undertaken the project or had awarded the contract.]
Secs. 13-15. (Deleted by amendment.)
Sec. 16. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 16.5. The amendatory provisions of this act do not apply to any contract, lease or other agreement entered into before the effective date of this act.
Sec. 17. This act becomes effective upon passage and approval.
________
κ2023 Statutes of Nevada, Page 3381κ
Senate Bill No. 196Senator Hammond
CHAPTER 521
[Approved: June 15, 2023]
AN ACT relating to interscholastic activities; prohibiting certain persons from requiring a pupil to participate in certain out-of-school activities as a condition of participating in a sanctioned sport or spirit squad at a school; providing for a system of progressive discipline for certain violations; requiring certain persons to submit a report concerning any association with an out-of-school activity relating to a sanctioned sport or spirit squad; requiring certain school employees to notify a pupil and the parent or legal guardian of the pupil of certain rights afforded to the pupil before the pupil participates in a sanctioned sport or other interscholastic activity or event; providing for additional eligibility for certain pupils to participate in certain interscholastic activities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Nevada Interscholastic Activities Association to adopt rules and regulations as is necessary to govern interscholastic activities and events in this State. (NRS 385B.060) Existing regulations: (1) authorize a coach of a school to assist a pupil in voluntarily participating in an activity related to a sanctioned sport that is conducted during a period that is not the season for the sanctioned sport under certain circumstances; and (2) prohibit such participation from being a condition for qualifying for a team or for accepting the pupil as a member of a team during the season for the sanctioned sport. (NAC 385B.370) Section 3 of this bill codifies that prohibition into law and, if a person is found to have violated this prohibition, authorizes the Executive Director of the Association to prohibit the person from coaching, managing or otherwise being associated with a sanctioned sport or spirit squad at a school for not more than 1 year. Section 3 also requires the Association to adopt regulations prescribing a system of progressive discipline for violations of section 4 or 5 of this bill.
Section 4 of this bill requires each coach, manager or other person associated with a sanctioned sport or spirit squad at a school that is affiliated with or a member of the Association to submit to the Executive Director of the Association an annual report that includes certain information concerning whether the coach, manager or other person also coaches, manages or is otherwise associated with an out-of-school activity related to the same sanctioned sport or spirit squad at the school.
Section 5 of this bill requires the coach, manager or director of a sanctioned sport or other interscholastic activity or event at a school, before a pupil participates in a sanctioned sport or other interscholastic activity or event and annually thereafter, to notify each participating pupil and his or her parent or legal guardian of certain rights afforded to the pupil while participating in the sanctioned sport or other interscholastic activity or event. Section 5 requires the Association to prescribe the form and contents of such notification.
Section 2 of this bill defines the term out-of-school activity for the purpose of sections 3-5. Section 6 of this bill makes a conforming change to indicate the proper placement of section 2 in the Nevada Revised Statutes.
κ2023 Statutes of Nevada, Page 3382 (CHAPTER 521, SB 196)κ
Existing regulations provide that a pupil is eligible to participate in a sanctioned sport for not more than 8 consecutive semesters and 4 seasons. (NAC 385B.708) On March 12, 2020, the Governor of the State of Nevada issued the Declaration of Emergency for COVID-19. On May 20, 2022, the Governor issued the Proclamation Terminating Declaration of Emergency Related to COVID-19. Section 7 of this bill provides that a pupil who was enrolled in grade 9, 10, 11 or 12 at any time during the state of emergency is eligible to participate in any sanctioned sport, spirit squad or other interscholastic activity for which the rules governing eligibility are established by the Nevada Interscholastic Activities Association or the board of trustees of a school district for at least 10 consecutive semesters and 5 seasons if the pupil has not completed the credits required to graduate and receive a high school diploma.
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 385B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Out-of-school activity means an activity that is not associated with a school, including, without limitation, a club team or athletic camp or program.
Sec. 3. 1. A coach, manager or other person associated with a sanctioned sport or spirit squad at a school shall not:
(a) Condition qualification for a team or acceptance of a pupil as a member of a team for the sanctioned sport or spirit squad on the participation of the pupil in an out-of-school activity; or
(b) Otherwise compel the participation of a pupil in an out-of-school activity.
2. If a person violates subsection 1, the Executive Director of the Nevada Interscholastic Activities Association may prohibit the person from coaching, managing or otherwise being associated with a sanctioned sport or spirit squad at a school for not more than 1 year from the date on which the person was found to have violated subsection 1.
3. The Nevada Interscholastic Activities Association shall adopt:
(a) Regulations prescribing a system of progressive discipline for violations of section 4 or 5 of this act that ends in the permanent prohibition on a person who has committed such violations being associated with a sanctioned sport or spirit squad at a school.
(b) Any other regulations necessary to carry out the provisions of this section and sections 4 and 5 of this act.
4. As used in this section, spirit squad includes, without limitation, any cheer, student, dance, drill, pom or mascot group of a school that is authorized to participate in interscholastic activities and events pursuant to NRS 385B.065.
Sec. 4. 1. On or before July 1 of each year, each coach, manager or other person who is associated with a sanctioned sport or spirit squad shall submit a report to the Executive Director of the Nevada Interscholastic Activities Association that includes information about whether the coach, manager or other person also coaches, manages or is otherwise associated with an out-of-school activity related to the same sanctioned sport or spirit squad at the school. The report must include, for the immediately preceding school year:
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(a) The name of the person;
(b) The number of pupils who:
(1) Are members of a team that participates in a sanctioned sport or spirit squad at the school and is coached or managed by the person, or with whom the person is otherwise associated; and
(2) Participate in an out-of-school activity related to the sanctioned sport or spirit squad that is coached or managed by the person, or with whom the person is otherwise associated;
(c) The number of pupils who:
(1) Tried out for a team that participates in a sanctioned sport or spirit squad at the school and is coached or managed by the person, or with whom the person is otherwise associated;
(2) Were not accepted as a member of that team or spirit squad; and
(3) Do not participate in an out-of-school activity related to the sanctioned sport or spirit squad that is coached or managed by the person, or with whom the person is otherwise associated;
(d) The number of pupils who:
(1) Tried out for a team that participates in a sanctioned sport or spirit squad at the school and is coached or managed by the person, or with whom the person is otherwise associated;
(2) Were accepted as a member of that team or spirit squad; and
(3) Do not participate in an out-of-school activity related to the sanctioned sport or spirit squad that is coached or managed by the person, or with whom the person is otherwise associated;
(e) The percentage of pupils on a team that participates in a sanctioned sport or spirit squad at the school that is coached or managed by the person, or with whom the person is otherwise associated, who also participate in an out-of-school activity that is coached or managed by the person, or with whom the person is otherwise associated; and
(f) Any other information required by the Nevada Interscholastic Activities Association to ensure compliance with subsection 1 of section 3 of this act.
2. If the Nevada Interscholastic Activities Association requires the use of an electronic system for the registration of pupils to participate in a sanctioned sport or spirit squad or coaches, managers or other persons who are associated with a sanctioned sport or spirit squad, the Nevada Interscholastic Activities Association must provide for the submission of the report required pursuant to subsection 1 and the provision of notice pursuant to section 5 of this act through the electronic system.
3. As used in this section, spirit squad includes, without limitation, any cheer, student, dance, drill, pom or mascot group of a school that is authorized to participate in interscholastic activities or events pursuant to NRS 385B.065.
Sec. 5. 1. Before a pupil participates in a sanctioned sport or other interscholastic activity or event at a school, and annually thereafter, the coach, manager or director of the sanctioned sport or other interscholastic activity or event shall notify each participating pupil and his or her parent or legal guardian of the rights of the pupil while the pupil is participating in the sanctioned sport or other interscholastic activity or event, including, where applicable, that a person may not:
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(a) Compel the participation of the pupil in an out-of-school activity; and
(b) Condition qualification for a team or acceptance of the pupil as a member of a team that participates in a sanctioned sport or spirit squad at the school on participation of the pupil in an out-of-school activity.
2. The Nevada Interscholastic Activities Association shall prescribe the form and contents of the notice required to be provided to a pupil pursuant to subsection 1.
3. As used in this section, spirit squad includes, without limitation, any cheer, student, dance, drill, pom or mascot group of a school that is authorized to participate in interscholastic activities or events pursuant to NRS 385B.065.
Sec. 6. NRS 385B.010 is hereby amended to read as follows:
385B.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 385B.015 to 385B.045, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 7. 1. A pupil who was enrolled in grade 9, 10, 11 or 12 in a school, as defined in NRS 385B.040, at any time between March 12, 2020, and May 19, 2022, is eligible to participate in any sanctioned sport, spirit squad or other interscholastic activity for which the rules governing eligibility are established by the Nevada Interscholastic Activities Association or the board of trustees of a school district for at least 10 consecutive semesters and 5 seasons if the pupil:
(a) Has not completed the credits required to graduate and receive a high school diploma; and
(b) Otherwise meets the eligibility criteria established for the sanctioned sport, spirit squad or activity.
2. As used in this section:
(a) Sanctioned sport has the meaning ascribed to it in NRS 385B.030.
(b) Spirit squad has the meaning ascribed to it in section 4 of this act.
Sec. 8. 1. This section becomes effective on passage and approval.
2. Section 7 of this act becomes effective on July 1, 2023.
3. Sections 1 to 6, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
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