[Rev. 12/20/2019 4:54:03 PM]

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ê2019 Statutes of Nevada, Page 931ê

 

CHAPTER 174, AB 136

Assembly Bill No. 136–Assemblymen Frierson, Benitez-Thompson, Carlton, McCurdy, Daly; Assefa, Backus, Bilbray-Axelrod, Carrillo, Cohen, Duran, Flores, Fumo, Gorelow, Jauregui, Martinez, Miller, Monroe-Moreno, Munk, Neal, Nguyen, Peters, Spiegel, Swank, Thompson, Torres, Watts and Yeager

 

CHAPTER 174

 

[Approved: May 28, 2019]

 

AN ACT relating to public construction; revising the manner in which the prevailing wage is determined; lowering the estimated thresholds at or above which prevailing wage requirements apply to certain public construction projects; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires that mechanics and workers employed on certain public construction projects be paid at least the wage prevailing for the type of work that the mechanic or worker performs in the county in which the public work is located. (NRS 338.020) Existing law also: (1) prescribes the manner in which the Labor Commissioner must determine the prevailing wage for such a project; and (2) requires the Labor Commissioner to set the prevailing wage for such projects of school districts and the Nevada System of Higher Education at 90 percent of the rate of prevailing wage determined in the county in which the project is located. (NRS 338.030) Section 2 of this bill eliminates the requirement to set prevailing wage for public works and other construction projects of school districts and the Nevada System of Higher Education at 90 percent of the rate of prevailing wage on other public works in the applicable county.

      Under existing law, any contract for a public work whose cost is $250,000 or more, including, without limitation, any contract for construction work of the Nevada System of Higher Education, is subject to the prevailing wage requirements. (NRS 338.075, 338.080) Existing law also exempts charter schools from such prevailing wage requirements. (NRS 338.080) Sections 3 and 4 of this bill lower the minimum threshold for the applicability of prevailing wage requirements from $250,000 to $100,000. Section 4 also subjects charter schools to the prevailing wage requirements. Section 1 of this bill makes a conforming change.

      Section 5 of this bill provides that the amendatory provisions of this bill do not apply to a public work or other public construction project awarded before July 1, 2019.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 338.018 is hereby amended to read as follows:

      338.018  The provisions of NRS 338.013 to 338.018, inclusive, apply to any contract for construction work of the Nevada System of Higher Education for which the estimated cost exceeds [$250,000] $100,000 even if the construction work does not qualify as a public work, as defined in subsection 17 of NRS 338.010.

      Sec. 2. NRS 338.030 is hereby amended to read as follows:

      338.030  1.  The public body awarding any contract for public work, or otherwise undertaking any public work, shall ascertain from the Labor Commissioner the prevailing wage in the county in which the public work is to be performed for each craft or type of work.

 


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ê2019 Statutes of Nevada, Page 932 (CHAPTER 174, AB 136)ê

 

Commissioner the prevailing wage in the county in which the public work is to be performed for each craft or type of work.

      2.  [The] To determine a prevailing wage in each county, including Carson City, [must be established as follows:

      (a) The] the Labor Commissioner shall, annually, survey contractors who have performed work in the county.

      [(b) Based on the survey conducted pursuant to paragraph (a), where the rate of wages is the same for more than 50 percent of the total hours worked by each craft or type of work in that county on construction similar to the proposed construction, that rate will be determined as the prevailing wage.

      (c) Where no such rate can be determined, the prevailing wage for a craft or type of work will be determined as the average rate of wages paid per hour based on the number of hours worked per rate, to that craft or type of work.

      (d) The Labor Commissioner shall determine the prevailing wage to be 90 percent of the rate determined pursuant to paragraphs (a), (b) and (c) for:

             (1) Any contract for a public work or any other construction, alteration, repair, remodeling or reconstruction of an improvement or property to which a school district or the Nevada System of Higher Education is a party; and

             (2) A public work of, or constructed by, a school district or the Nevada System of Higher Education, or any other construction, alteration, repair, remodeling or reconstruction of an improvement or property of or constructed by a school district or the Nevada System of Higher Education.

      3.]  Within 30 days after the determination is issued:

      (a) A public body or person entitled under subsection [6] 5 to be heard may submit an objection to the Labor Commissioner with evidence to substantiate that a different wage prevails; and

      (b) Any person may submit information to the Labor Commissioner that would support a change in the prevailing wage of a craft or type of work by 50 cents or more per hour in any county.

      [4.]3.  The Labor Commissioner shall hold a hearing in the locality in which the work is to be executed if the Labor Commissioner:

      (a) Is in doubt as to the prevailing wage; or

      (b) Receives an objection or information pursuant to subsection [3.] 2.

Ê The Labor Commissioner may hold only one hearing a year on the prevailing wage of any craft or type of work in any county.

      [5.]4.  Notice of the hearing must be advertised in a newspaper nearest to the locality of the work once a week for 2 weeks before the time of the hearing.

      [6.]5.  At the hearing, any public body, the crafts affiliated with the State Federation of Labor or other recognized national labor organizations, and the contractors of the locality or their representatives must be heard. From the evidence presented, the Labor Commissioner shall determine the prevailing wage.

      [7.]6.  The wages so determined must be filed by the Labor Commissioner and must be available to any public body which awards a contract for any public work.

      [8.]7.  Nothing contained in NRS 338.020 to 338.090, inclusive, may be construed to authorize the fixing of any wage below any rate which may now or hereafter be established as a minimum wage for any person employed upon any public work, or employed by any officer or agent of any public body.

 


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ê2019 Statutes of Nevada, Page 933 (CHAPTER 174, AB 136)ê

 

now or hereafter be established as a minimum wage for any person employed upon any public work, or employed by any officer or agent of any public body.

      Sec. 3. NRS 338.075 is hereby amended to read as follows:

      338.075  The provisions of NRS 338.020 to 338.090, inclusive, apply to any contract for construction work of the Nevada System of Higher Education for which the estimated cost exceeds [$250,000] $100,000 even if the construction work does not qualify as a public work, as defined in subsection 17 of NRS 338.010.

      Sec. 4. NRS 338.080 is hereby amended to read as follows:

      338.080  None of the provisions of NRS 338.020 to 338.090, inclusive, apply to:

      1.  Any work, construction, alteration, repair or other employment performed, undertaken or carried out, by or for any railroad company or any person operating the same, whether such work, construction, alteration or repair is incident to or in conjunction with a contract to which a public body is a party, or otherwise.

      2.  Apprentices recorded under the provisions of chapter 610 of NRS.

      3.  Any contract for a public work whose estimated cost is less than [$250,000.] $100,000. A unit of the project must not be separated from the total project, even if that unit is to be completed at a later time, in order to lower the estimated cost of the project below [$250,000.

      4.  Any contract for a public work or any other construction, alteration, repair, remodeling or reconstruction of an improvement or property to which a charter school is a party, notwithstanding any other provision of law.

      5.  A public work of, or constructed by, a charter school, or any other construction, alteration, repair, remodeling or reconstruction of an improvement or property of or constructed by a charter school, notwithstanding any other provision of law.] $100,000.

      Sec. 5.  1.  The amendatory provisions of this act do not apply to a public work or other project of construction, alteration, repair, remodeling or reconstruction of an improvement or property of a public body that is awarded before July 1, 2019.

      2.  As used in this section:

      (a) “Public body” has the meaning ascribed to it in NRS 338.010.

      (b) “Public work” has the meaning ascribed to it in NRS 338.010.

      Sec. 6.  This act becomes effective on July 1, 2019.

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ê2019 Statutes of Nevada, Page 934ê

 

CHAPTER 175, SB 231

Senate Bill No. 231–Senators Brooks, Cannizzaro, Parks; Cancela, Denis, D. Harris, Ohrenschall, Ratti, Scheible and Woodhouse

 

CHAPTER 175

 

[Approved: May 28, 2019]

 

AN ACT relating to construction; revising provisions governing certain records pertaining to workers of a contractor and a subcontractor on a public works project; eliminating certain prohibitions relating to agreements with labor organizations concerning contracts with a public body for a public work or with an awardee of certain grants, tax abatements, tax credits or tax exemptions from a public body; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a contractor and each subcontractor engaged on a public work in this State to keep or cause to be kept certain records about the workers who are employed by the contractor or subcontractor in connection with the public work, including, the name, occupation and wages of each worker. Existing law also requires the contractor or subcontractor to provide such records monthly to the public body that awarded the contract. (NRS 338.070) Section 2.5 of this bill requires the Labor Commissioner to adopt regulations authorizing a contractor or subcontractor to file the copies of such records with the public body electronically and prescribing the process to do so.

      Existing law, with certain exceptions, prohibits a public body, in any solicitation, contract or other document related to a contract for a public work, from: (1) requiring or prohibiting a bidder, contractor or subcontractor from entering into or adhering to any agreement with one or more labor organizations in regard to the public work; or (2) discriminating against a bidder, contractor or subcontractor for entering or not entering into, or adhering or refusing to adhere to, any agreement with one or more labor organizations in regard to the public work. Existing law further prohibits a public body, with certain exceptions, from awarding a grant, tax abatement, tax credit or tax exemption that is conditioned upon a requirement that the awardee include in a contract for a project that is the subject of the grant, tax abatement, tax credit or tax exemption a term that: (1) requires or prohibits a bidder, contractor or subcontractor from entering into or adhering to any agreement with one or more labor organizations in regard to the project; or (2) discriminates against a bidder, contractor or subcontractor for entering or not entering into, or adhering or refusing to adhere to, any agreement with one or more labor organizations in regard to the project. (NRS 338.1405) Section 7 of this bill eliminates these prohibitions.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1 and 2. (Deleted by amendment.)

      Sec. 2.5. NRS 338.070 is hereby amended to read as follows:

      338.070  1.  Any public body awarding a contract shall:

      (a) Investigate possible violations of the provisions of NRS 338.010 to 338.090, inclusive, committed in the course of the execution of the contract, and determine whether a violation has been committed and inform the Labor Commissioner of any such violations; and

 


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      (b) When making payments to the contractor engaged on the public work of money becoming due under the contract, withhold and retain all sums forfeited pursuant to the provisions of NRS 338.010 to 338.090, inclusive.

      2.  No sum may be withheld, retained or forfeited, except from the final payment, without a full investigation being made by the awarding public body.

      3.  Except as otherwise provided in subsection 7, it is lawful for any contractor engaged on a public work to withhold from any subcontractor engaged on the public work sufficient sums to cover any penalties withheld from the contractor by the awarding public body on account of the failure of the subcontractor to comply with the terms of NRS 338.010 to 338.090, inclusive. If payment has already been made to the subcontractor, the contractor may recover from the subcontractor the amount of the penalty or forfeiture in a suit at law.

      4.  A contractor engaged on a public work and each subcontractor engaged on the public work shall:

      (a) Inquire of each worker employed by the contractor or subcontractor in connection with the public work:

             (1) Whether the worker wishes to specify voluntarily his or her gender; and

             (2) Whether the worker wishes to specify voluntarily his or her ethnicity; and

      (b) For each response the contractor or subcontractor receives pursuant to paragraph (a):

             (1) If the worker chose voluntarily to specify his or her gender or ethnicity, or both, record the worker’s responses; and

             (2) If the worker declined to specify his or her gender or ethnicity, or both, record that the worker declined to specify such information.

Ê A contractor or subcontractor shall not compel or coerce a worker to specify his or her gender or ethnicity and shall not penalize or otherwise take any adverse action against a worker who declines to specify his or her gender or ethnicity. Before inquiring as to whether a worker wishes to specify voluntarily his or her gender or ethnicity, the applicable contractor or subcontractor must inform the worker that such information, if provided, will be open to public inspection as set forth in subsection 6.

      5.  A contractor engaged on a public work and each subcontractor engaged on the public work shall keep or cause to be kept:

      (a) An accurate record showing, for each worker employed by the contractor or subcontractor in connection with the public work:

             (1) The name of the worker;

             (2) The occupation of the worker;

             (3) The gender of the worker, if the worker voluntarily agreed to specify that information pursuant to subsection 4, or an entry indicating that the worker declined to specify such information;

             (4) The ethnicity of the worker, if the worker voluntarily agreed to specify that information pursuant to subsection 4, or an entry indicating that the worker declined to specify such information;

             (5) If the worker has a driver’s license or identification card, an indication of the state or other jurisdiction that issued the license or card; and

             (6) The actual per diem, wages and benefits paid to the worker; and

 


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      (b) An additional accurate record showing, for each worker employed by the contractor or subcontractor in connection with the public work who has a driver’s license or identification card:

             (1) The name of the worker;

             (2) The driver’s license number or identification card number of the worker; and

             (3) The state or other jurisdiction that issued the license or card.

      6.  The records maintained pursuant to subsection 5 must be open at all reasonable hours to the inspection of the public body awarding the contract. The contractor engaged on the public work or subcontractor engaged on the public work shall ensure that a copy of each record for each calendar month is received by the public body awarding the contract no later than 15 days after the end of the month. The copy of the record maintained pursuant to paragraph (a) of subsection 5 must be open to public inspection as provided in NRS 239.010. The copy of the record maintained pursuant to paragraph (b) of subsection 5 is confidential and not open to public inspection. The records in the possession of the public body awarding the contract may be discarded by the public body 2 years after final payment is made by the public body for the public work.

      7.  A contractor engaged on a public work shall not withhold from a subcontractor engaged on the public work the sums necessary to cover any penalties provided pursuant to subsection 3 of NRS 338.060 that may be withheld from the contractor by the public body awarding the contract because the public body did not receive a copy of the record maintained by the subcontractor pursuant to subsection 5 for a calendar month by the time specified in subsection 6 if:

      (a) The subcontractor provided to the contractor, for submission to the public body by the contractor, a copy of the record not later than the later of:

             (1) Ten days after the end of the month; or

             (2) A date agreed upon by the contractor and subcontractor; and

      (b) The contractor failed to submit the copy of the record to the public body by the time specified in subsection 6.

Ê Nothing in this subsection prohibits a subcontractor from submitting a copy of a record for a calendar month directly to the public body by the time specified in subsection 6.

      8.  Any contractor or subcontractor, or agent or representative thereof, performing work for a public work who neglects to comply with the provisions of this section is guilty of a misdemeanor.

      9.  The Labor Commissioner shall adopt regulations authorizing and prescribing the procedures for the electronic filing of the copies of the records required to be provided monthly by a contractor or subcontractor to a public body pursuant to subsection 6.

      Secs. 3-6. (Deleted by amendment.)

      Sec. 7. NRS 338.1405 is hereby repealed.

      Sec. 8.  This act becomes effective on July 1, 2019.

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ê2019 Statutes of Nevada, Page 937ê

 

CHAPTER 176, AB 272

Assembly Bill No. 272–Assemblymen Roberts; Hafen, Hansen, Leavitt, Nguyen and Yeager

 

CHAPTER 176

 

[Approved: May 28, 2019]

 

AN ACT relating to law enforcement; requiring law enforcement agencies in certain counties to participate in the National Integrated Ballistic Information Network of the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill requires law enforcement agencies in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to participate in the National Integrated Ballistic Information Network of the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice. Section 1 of this bill: (1) requires the board of county commissioners of such a county to designate a forensic laboratory or laboratories to conduct tests and perform other duties set forth in section 1; (2) requires any law enforcement agency in the county that seizes or recovers a semiautomatic pistol or shell casing from a semiautomatic pistol which was unlawfully possessed, used for an unlawful purpose, recovered from a crime scene or reasonably believed to have been used in or associated with the commission of a crime to deliver the semiautomatic pistol or shell casing to a designated forensic laboratory for the purpose of testing; and (3) requires a designated forensic laboratory to conduct tests on the semiautomatic pistol or shell casing and to input the resulting data from the tests into the National Integrated Ballistic Information Network of the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice. Section 1 also requires a designated forensic laboratory: (1) to coordinate with all participating law enforcement agencies when investigations require the use of the National Integrated Ballistic Information Network; and (2) as feasible, to provide expert witness testimony during criminal cases.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In a county whose population is 100,000 or more:

      (a) The board of county commissioners of the county shall designate a forensic laboratory or laboratories to conduct tests and perform the other duties set forth in this section.

      (b) Except as otherwise provided in this paragraph, any law enforcement agency in the county that seizes or recovers a semiautomatic pistol or shell casing from a semiautomatic pistol which was unlawfully possessed, used for an unlawful purpose, recovered from a crime scene or reasonably believed to have been used in or associated with the commission of a crime shall, as soon as practicable after seizing or recovering the semiautomatic pistol or shell casing, deliver the semiautomatic pistol or shell casing to a designated forensic laboratory for the purpose of testing. If a semiautomatic pistol or shell casing is being used as evidence in a criminal case, the semiautomatic pistol or shell casing must be delivered to a designated forensic laboratory as soon as possible after the semiautomatic pistol or shell casing is no longer being used as evidence in the criminal case.

 


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soon as possible after the semiautomatic pistol or shell casing is no longer being used as evidence in the criminal case.

      (c) Upon receipt of a semiautomatic pistol from a law enforcement agency pursuant to this section, the designated forensic laboratory shall:

             (1) Test the semiautomatic pistol, which must include, without limitation, firing the semiautomatic pistol and photographing bullets and shell casings;

             (2) Input the resulting data from the test-fired cartridge case into the National Integrated Ballistic Information Network; and

             (3) After performing the duties set forth in subparagraphs (1) and (2), return the semiautomatic pistol to the law enforcement agency that delivered the semiautomatic pistol.

      (d) Upon receipt of a shell casing from a law enforcement agency pursuant to this section, the designated forensic laboratory shall:

             (1) Conduct a ballistics test on the shell casing;

             (2) Input the resulting data from the ballistics test into the National Integrated Ballistic Information Network; and

             (3) After performing the duties set forth in subparagraphs (1) and (2), return the shell casing to the law enforcement agency that delivered the shell casing.

      (e) In addition to performing the duties set forth in paragraphs (c) and (d), a designated forensic laboratory shall:

             (1) Coordinate with all participating law enforcement agencies when investigations require the use of the National Integrated Ballistic Information Network; and

             (2) As feasible, provide expert witness testimony during criminal cases.

      (f) A designated forensic laboratory may charge a law enforcement agency for its actual costs in performing its duties pursuant to this section.

      2.  As used in this section:

      (a) “Designated forensic laboratory” means a forensic laboratory designated by the board of county commissioners pursuant to paragraph (a) of subsection 1.

      (b) “National Integrated Ballistic Information Network” means the National Integrated Ballistic Information Network established and maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice.

      Sec. 2. NRS 202.253 is hereby amended to read as follows:

      202.253  As used in NRS 202.253 to 202.369, inclusive [:] , and section 1 of this act:

      1.  “Explosive or incendiary device” means any explosive or incendiary material or substance that has been constructed, altered, packaged or arranged in such a manner that its ordinary use would cause destruction or injury to life or property.

      2.  “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.

      3.  “Firearm capable of being concealed upon the person” applies to and includes all firearms having a barrel less than 12 inches in length.

      4.  “Motor vehicle” means every vehicle that is self-propelled.

      Sec. 3. (Deleted by amendment.)

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ê2019 Statutes of Nevada, Page 939ê

 

CHAPTER 177, SB 201

Senate Bill No. 201–Senators Cancela, Ratti, Parks; Brooks, Dondero Loop, Ohrenschall and Spearman

 

Joint Sponsors: Assemblymen Frierson and Yeager

 

CHAPTER 177

 

[Approved: May 28, 2019]

 

AN ACT relating to financial services; adopting certain provisions of the federal Military Lending Act; requiring the Commissioner of Financial Institutions to develop, implement and maintain a database storing certain information relating to deferred deposit loans, title loans and high-interest loans made to customers in this State; providing that information in such a database is confidential under certain circumstances; authorizing a person who operates a deposit loan service, title loan service or high-interest loan service to distribute certain information and materials concerning public assistance and services; authorizing the Department of Business and Industry and the Bureau of Consumer Protection in the Office of the Attorney General to inform the public regarding certain information; revising provisions that prohibit the making of a deposit loan or high-interest loan that exceeds or requires payments that exceed a certain percentage of the customer’s expected gross monthly income; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes standards and procedures governing the licensing and regulation of certain short-term loans, commonly referred to as “payday loans,” high-interest loans, title loans and installment loans. (Chapters 604A and 675 of NRS)

      The federal Military Lending Act imposes limitations on the terms of consumer credit that is extended to members of the Armed Forces of the United States who are on active duty and their dependents, including, without limitation, a prohibition against a lender charging an interest rate greater than 36 percent. (10 U.S.C. § 987) Existing law adopts the provisions of the federal Military Lending Act by referring to the federal law creating the Act. (NRS 99.050, 604A.411, 675.292) Sections 15 and 24 of this bill eliminate these provisions and, instead, sections 2-7, 15 and 17-21 of this bill adopt the language of certain provisions of the Military Lending Act, including language: (1) prohibiting a lender from charging an annual percentage rate greater than the lesser of 36 percent or the maximum rate provided in the federal Military Lending Act or the regulations adopted pursuant thereto to a covered service member or a dependent of a covered service member; (2) requiring a lender to make certain disclosures before extending certain consumer credit to a covered service member or a dependent of a covered service member; and (3) prohibiting certain additional loan terms in a transaction with a covered service member or a dependent of a covered service member. Sections 11 and 22 of this bill require the Commissioner to adopt regulations to administer, carry out and enforce these provisions.

      Section 8 of this bill requires the Commissioner of Financial Institutions to develop, implement and maintain, by contract with a vendor or service provider or otherwise, a database of all deferred deposit loans, title loans and high-interest loans in this State, for the purposes of ensuring compliance with existing law governing these types of loans. Under section 8, a licensee who makes such loans must report and update certain information concerning each deferred deposit loan, title loan and high-interest loan made by the licensee. Section 8 further requires the Commissioner to establish a fee which must be charged and collected by the vendor or service provider from a licensee who is required to report the information using the database.

 


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to establish a fee which must be charged and collected by the vendor or service provider from a licensee who is required to report the information using the database. The fee is required to be used to pay for the administration and operation of the database. Finally, sections 8 and 16 of this bill provide that information in the database or obtained by the Commissioner from the database is confidential, except that the Commissioner may use such information for statistical purposes if the identity of a person is not discernible from the information disclosed.

      Section 9 of this bill authorizes a person who operates a deferred deposit loan service, high-interest loan service or title loan service to distribute information and materials provided by the Department of Health and Human Services concerning public assistance and services provided by public agencies.

      Section 9.5 of this bill authorizes the Department of Business and Industry and the Bureau of Consumer Protection in the Office of the Attorney General to use reasonable means to inform the public regarding certain requirements for persons who offer deferred deposit loan services, high-interest loan services or title loan services through an Internet website to customers in this State.

      Existing law prohibits a person who operates a deferred deposit loan service from making a deferred deposit loan that exceeds 25 percent of the expected gross monthly income of the customer when the loan is made. (NRS 604A.5017) Similarly, existing law prohibits a person who operates a high-interest loan service from making a high-interest loan which requires any monthly payment that exceeds 25 percent of the expected gross monthly income of the customer. (NRS 604A.5045) Section 12 of this bill prohibits a person who operates a deferred deposit loan service from making a deferred deposit loan that, in combination with any other outstanding loan of the customer, exceeds 25 percent of the expected gross monthly income of the customer when the loan is made. Section 13 of this bill prohibits a person who operates a high-interest loan service from making a high-interest loan which, in combination with any other outstanding loan of a customer, requires any monthly payment that exceeds 25 percent of the expected gross monthly income of the customer. Sections 12 and 13 eliminate the ability of a person making a deferred deposit loan or high-interest loan to be deemed in compliance with these limitations if the customer receiving the loan presents evidence of his or her gross monthly income and represents in writing that the loan does not violate these limitations, unless the person utilizes the database created pursuant to section 8 to confirm that a loan is in compliance with these limitations.

      Section 23 of this bill provides that the provisions of this bill do not apply to any loan made before the provisions of this bill become effective. Sections 10 and 14 of this bill make conforming changes.

 

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 604A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9.5, inclusive, of this act.

      Sec. 2. “Consumer credit” means a loan made to a natural person to finance the purchase of goods that directly satisfy human wants or to defray personal or family expenses, not including:

      1.  A residential mortgage; or

      2.  A loan procured in the course of purchasing a car or other personal property, when that loan is offered for the express purpose of financing the purchase and is secured by the car or personal property procured.

      Sec. 3. “Covered service member” means a member of the Armed Forces of the United States who is:

 


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      1.  On active duty under a call or order to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 30 days; or

      2.  A member of the National Guard and Reserve on active duty orders.

      Sec. 4. “Dependent” means:

      1.  The spouse of a covered service member;

      2.  A child of a covered service member who:

      (a) Is less than 21 years of age;

      (b) Is less than 23 years of age and is enrolled in a full-time course of study at an institution of higher learning and is in fact dependent on the covered service member for over one-half of the child’s support; or

      (c) Is incapable of self-support because of a mental or physical incapacity that occurred while the child was a person described by paragraph (a) or (b);

      3.  A parent or parent-in-law of a covered service member who is in fact dependent on the covered service member for over one-half of his or her support and who resides in the household of the covered service member;

      4.  An unmarried person who:

      (a) Is placed in the legal custody of the covered service member as a result of an order of a court of competent jurisdiction for a period of at least 12 consecutive months;

      (b) Is:

             (1) Less than 21 years of age;

             (2) Less than 23 years of age and is enrolled in a full-time course of study at an institution of higher learning and is in fact dependent on the covered service member for over one-half of the person’s support; or

             (3) Incapable of self-support because of a mental or physical incapacity that occurred while the person was a person described by subparagraph (1) or (2);

      (c) Is dependent on the covered service member for over one-half of the person’s support;

      (d) Resides with the covered service member unless separated by the necessity of military service or to receive institutional care as a result of disability or incapacitation or under such other circumstances as the Commissioner may prescribe; and

      (e) Is not a dependent of a covered service member under subsection 1, 2 or 3.

      Sec. 5. A licensee who makes a loan that constitutes consumer credit to a covered service member or his or her dependent shall not charge the covered service member or dependent an annual percentage rate with respect to the loan except as:

      1.  Agreed to under the terms of the written loan agreement entered into pursuant to NRS 604A.5012, 604A.504 or 604A.5067, as applicable;

      2.  Authorized by applicable state and federal law; and

      3.  Not specifically prohibited by NRS 99.050 and sections 6 and 7 of this act.

      Sec. 6. 1.  Before making a loan that constitutes consumer credit to a covered service member or a dependent of a covered service member, a licensee shall provide the following information to the covered service member or the dependent of a covered service member, as applicable, both orally and in writing:

 


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      (a) A statement of the annual percentage rate of interest applicable to the loan;

      (b) Any disclosures required by the provisions of the Truth in Lending Act and any regulations adopted pursuant thereto; and

      (c) A clear description of the payment obligations of the covered service member or dependent, as applicable.

      2.  A licensee shall present the disclosures required by subsection 1 in accordance with the provisions of Regulation Z.

      Sec. 7. A licensee shall not make a loan that constitutes consumer credit to a covered service member or a dependent of a covered service member with respect to which:

      1.  The licensee extends, rolls over, renews, repays, refinances or consolidates any consumer credit extended to the customer by the same licensee with the proceeds of the other consumer credit extended to the same covered service member or dependent;

      2.  The customer is required to waive the customer’s right to legal recourse under any otherwise applicable provision of state or federal law, including, without limitation, any provision of the Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901 et seq.;

      3.  The licensee imposes onerous legal notice provisions in the case of a dispute or demands unreasonable notice from the customer as a condition for legal action;

      4.  The licensee uses a check or other method of access to a deposit, savings or other financial account maintained by the customer, or the title of a vehicle as security for the obligation;

      5.  The licensee requires as a condition for the extension of consumer credit that the customer establish an allotment to repay an obligation; or

      6.  The customer is prohibited from prepaying the loan or is charged a penalty or fee for prepaying all or part of the loan.

      Sec. 8. 1.  The Commissioner shall, by contract with a vendor or service provider or otherwise, develop, implement and maintain a database by which the Commissioner and licensees may obtain information related to deferred deposit loans, title loans and high-interest loans made by licensees to customers in this State to ensure compliance with the provisions of this chapter. The information the Commissioner and licensees may obtain includes, without limitation:

      (a) Whether a customer has a deferred deposit loan, title loan or high-interest loan outstanding with more than one licensee;

      (b) Whether a customer has had such a loan outstanding with one or more licensees within the 30 days immediately preceding the making of a loan;

      (c) Whether a customer has had a total of three or more such loans outstanding with one or more licensees within the 6 months immediately preceding the making of the loan; and

      (d) Any other information necessary to determine whether a licensee has complied with the provisions of this chapter.

      2.  After the development and implementation of the database created pursuant to subsection 1, a licensee who makes a deferred deposit loan, title loan or high-interest loan shall enter or update the following information in the database for each such loan made to a customer at the time a transaction takes place:

 


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      (a) The date on which the loan was made;

      (b) The type of loan made;

      (c) The principal amount of the loan;

      (d) The fees charged for the loan;

      (e) The annual percentage rate of the loan;

      (f) The total finance charge associated with the loan;

      (g) If the customer defaults on the loan, the date of default;

      (h) If the customer enters into a repayment plan pursuant to NRS 604A.5027, 604A.5055 or 604A.5083, as applicable, the date on which the customer enters into the repayment plan; and

      (i) The date on which the customer pays the loan in full.

      3.  The Commissioner shall establish, and cause the vendor or service provider administering the database created pursuant to subsection 1 to charge and collect, a fee for each loan entered into the database by the licensee. The money collected pursuant to this subsection must be used to pay for the operation and administration of the database.

      4.  Except as otherwise provided in this subsection, any information in the database created pursuant to subsection 1 is confidential and shall not be considered a public book or record pursuant to NRS 239.010. The information may be used by the Commissioner for statistical purposes if the identity of the persons is not discernible from the information disclosed.

      5.  The Commissioner shall adopt regulations that:

      (a) Prescribe the specifications for the information entered into the database created pursuant to subsection 1;

      (b) Establish standards for the retention, access, reporting, archiving and deletion of information entered into or stored by the database;

      (c) Establish the amount of the fee required pursuant to subsection 3; and

      (d) Are necessary for the administration of the database.

      Sec. 9. A person who operates a deferred deposit loan service, high-interest loan service or title loan service may, in consultation with the Department of Health and Human Services, distribute in a location at which the person conducts business under his or her license information and materials provided by the Department concerning public assistance and services provided by an agency or political subdivision of this State or the United States, including, without limitation, programs for debt reduction or relief, Medicaid, Supplemental Nutrition Assistance and Temporary Assistance for Needy Families.

      Sec. 9.5. 1.  To the extent of available funding, the Department of Business and Industry and the Bureau of Consumer Protection in the Office of the Attorney General may use reasonable means to inform the public that, pursuant to NRS 604A.579, 604A.589 and 604A.598, a person who offers deferred deposit loan services, high-interest loan services or title loan services through an Internet website to customers in this State must be licensed to perform such services pursuant to this chapter and must comply with any state or federal law or regulation applicable to this State.

      2.  As used in this section, “reasonable means” includes, without limitation, advertising through any medium, including, without limitation, radio, television, Internet, banner ads, social media, public service announcements, community education, publishing and such other means of distributing information as are reasonably calculated to inform the public of the information set forth in subsection 1.

 


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of distributing information as are reasonably calculated to inform the public of the information set forth in subsection 1.

      Sec. 10. NRS 604A.010 is hereby amended to read as follows:

      604A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 604A.015 to 604A.125, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 11. NRS 604A.300 is hereby amended to read as follows:

      604A.300  1.  The Commissioner may establish by regulation the fees that a licensee who provides check-cashing services may impose for cashing checks.

      2.  The Commissioner shall adopt [any] :

      (a) Regulations to administer, carry out and enforce the provisions of sections 5, 6 and 7 of this act.

      (b) Any other regulations as are necessary to carry out the provisions of this chapter.

      Sec. 12. NRS 604A.5017 is hereby amended to read as follows:

      604A.5017  1.  A licensee who operates a deferred deposit loan service shall not make a deferred deposit loan that , in combination with any other outstanding loan of the customer, exceeds 25 percent of the expected gross monthly income of the customer when the deferred deposit loan is made.

      2.  A licensee who operates a deferred deposit loan service is not in violation of the provisions of this section if [the] :

      (a) The customer presents evidence of his or her gross monthly income to the licensee and represents to the licensee in writing that the deferred deposit loan does not exceed 25 percent of the customer’s expected gross monthly income when the loan is made [.] ; and

      (b) The licensee has utilized the database established pursuant to section 8 of this act to ensure that the deferred deposit loan, in combination with any other outstanding loan of the customer, does not exceed 25 percent of the customer’s expected gross monthly income when the deferred deposit loan is made.

      Sec. 13. NRS 604A.5045 is hereby amended to read as follows:

      604A.5045  1.  A licensee who operates a high-interest loan service shall not make a high-interest loan which, under the terms of the loan agreement [,] and in combination with any other outstanding loan of the customer, requires any monthly payment that exceeds 25 percent of the expected gross monthly income of the customer.

      2.  A licensee who operates a high-interest loan service is not in violation of the provisions of this section if [the] :

      (a) The customer presents evidence of his or her gross monthly income to the licensee and represents to the licensee in writing that the monthly payment required under the terms of the loan agreement for the high-interest loan does not exceed 25 percent of the customer’s expected gross monthly income [.] ; and

      (b) The licensee has utilized the database established pursuant to section 8 of this act to ensure that the terms of the high-interest loan, in combination with any other outstanding loan of the customer, do not require any monthly payment that exceeds 25 percent of the customer’s expected gross monthly income when the loan is made.

 


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      Sec. 14. NRS 604A.930 is hereby amended to read as follows:

      604A.930  1.  Subject to the affirmative defense set forth in subsection 3, in addition to any other remedy or penalty, if a person violates any provision of NRS 604A.400, [604A.411,] 604A.5011 to 604A.5034, inclusive, and 604A.5038 to 604A.5094, inclusive, 604A.610, 604A.615, 604A.650 , [or] 604A.655 or section 5, 6 or 7 of this act or any regulation adopted pursuant thereto, the customer may bring a civil action against the person for:

      (a) Actual and consequential damages;

      (b) Punitive damages, which are subject to the provisions of NRS 42.005;

      (c) Reasonable attorney’s fees and costs; and

      (d) Any other legal or equitable relief that the court deems appropriate.

      2.  Subject to the affirmative defense set forth in subsection 3, in addition to any other remedy or penalty, the customer may bring a civil action against a person pursuant to subsection 1 to recover an additional amount, as statutory damages, which is equal to $1,000 for each violation if the person knowingly:

      (a) Operates a check-cashing service, deferred deposit loan service, high-interest loan service or title loan service without a license, in violation of NRS 604A.400;

      (b) Fails to include in a loan agreement a disclosure of the right of the customer to rescind the loan, in violation of NRS 604A.5012, 604A.504 or 604A.5067, as applicable;

      (c) Violates any provision of NRS 604A.5015, 604A.5043, 604A.507 or 604A.509, as applicable;

      (d) Accepts collateral or security for a deferred deposit loan, in violation of NRS 604A.502, except that a check or written authorization for an electronic transfer of money shall not be deemed to be collateral or security for a deferred deposit loan;

      (e) Uses or threatens to use the criminal process in this State or any other state to collect on a loan made to the customer, in violation of NRS 604A.5021, 604A.5049 or 604A.5072, as applicable;

      (f) Includes in any written agreement a promise by the customer to hold the person harmless, a confession of judgment by the customer or an assignment or order for the payment of wages or other compensation due the customer, in violation of NRS 604A.5021, 604A.5049, 604A.5072 or 604A.5092, as applicable;

      (g) Violates any provision of NRS 604A.503, 604A.5058 or 604A.5085, as applicable;

      (h) Violates any provision of NRS 604A.5031, 604A.5061, 604A.5086 or 604A.5094, as applicable; or

      (i) Violates any provision of [NRS 604A.411.] section 5, 6 or 7 of this act.

      3.  A person may not be held liable in any civil action brought pursuant to this section if the person proves, by a preponderance of evidence, that the violation:

      (a) Was not intentional;

      (b) Was technical in nature; and

      (c) Resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.

 


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      4.  For the purposes of subsection 3, a bona fide error includes, without limitation, clerical errors, calculation errors, computer malfunction and programming errors and printing errors, except that an error of legal judgment with respect to the person’s obligations under this chapter is not a bona fide error.

      Sec. 15. NRS 99.050 is hereby amended to read as follows:

      99.050  1.  Except as otherwise provided in [section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007, Public Law 109-364, or any regulation adopted pursuant thereto,] subsection 2, parties may agree for the payment of any rate of interest on money due or to become due on any contract, for the compounding of interest if they choose, and for any other charges or fees. The parties shall specify in writing the rate upon which they agree, that interest is to be compounded if so agreed, and any other charges or fees to which they have agreed.

      2.  A creditor shall not charge an annual percentage rate that is greater than the lesser of 36 percent or the maximum annual percentage rate authorized under any federal law or regulation with respect to the consumer credit extended to a covered service member or a dependent of a covered service member. Any contract or agreement in violation of this subsection is void and unenforceable.

      3.  As used in this section:

      (a) “Annual percentage rate” has the meaning ascribed to it in the federal Truth in Lending Act, as amended, 15 U.S.C. §§ 1601 et seq., and the federal regulations adopted pursuant thereto.

      (b) “Consumer credit”:

             (1) Except as otherwise provided in subparagraph (2), means credit offered or extended to a covered service member or dependent of a covered service member primarily for personal, family or household purposes, and that is:

                   (I) Subject to a finance charge; or

                   (II) Payable by a written agreement in more than four installments.

             (2) Does not include:

                   (I) A residential mortgage, which is any credit transaction secured by an interest in a dwelling, including a transaction to finance the purchase or initial construction of the dwelling, any refinance transaction, home equity loan or line of credit or reverse mortgage;

                   (II) Any credit transaction that is expressly intended to finance the purchase of a motor vehicle when the credit is secured by the vehicle being purchased;

                   (III) Any credit transaction that is expressly intended to finance the purchase of personal property when the credit is secured by the property being purchased;

                   (IV) Any credit transaction that is an exempt transaction for the purposes of 12 C.F.R. Part 1026, commonly known as Regulation Z, other than a transaction exempt under 12 C.F.R. § 1026.29, or otherwise is not subject to disclosure requirements under 12 C.F.R. Part 1026, commonly known as Regulation Z; and

                   (V) Any credit transaction or account for credit for which a creditor determines that a natural person is not a covered borrower by using a method and by complying with the recordkeeping requirement set forth in 32 C.F.R. § 232.5(b).

 


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      (c) “Covered service member”:

             (1) Except as otherwise provided in subparagraph (2), means a member of the armed forces who is serving on:

                   (I) Active duty pursuant to title 10, title 14 or title 32 of the United States Code, under a call or order that does not specify a period of 30 days or fewer; or

                   (II) Active Guard and Reserve duty, as that term is defined in 10 U.S.C. § 101(d)(6).

             (2) Does not include who was a covered service member pursuant to subparagraph (1) at the time he or she became obligated on a consumer credit transaction or established an account for consumer credit but is no longer a covered service member pursuant to subparagraph (1) or a dependent of a person who is a covered service member pursuant to subparagraph (1).

      (d) “Credit” means the right granted to a natural person by a person engaged in the business of extending consumer credit, or an assignee of such a person with respect to any consumer credit extended, to defer payment or to incur debt and defer its payment.

      (e) “Dependent” with respect to a covered service member means:

             (1) The spouse;

             (2) A child who:

                   (I) Has not attained the age of 21;

                   (II) Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, as defined in 10 U.S.C. § 1072(3), and is, or was at the time of the covered service member’s or former covered service member’s death, in fact dependent on the covered service member or former covered service member for over one-half of the child’s support; or

                   (III) Is incapable of self-support because of a mental or physical incapacity that occurs while a dependent of a covered service member or former covered service member pursuant to sub-subparagraph (I) or (II) and is, or was at the time of the covered service member’s or former covered service member’s death, in fact dependent on the member or former member for over one-half of the child’s support;

             (3) A parent or parent-in-law who is, or was at the time of the covered service member’s or former covered service member’s death, in fact dependent on him or her for over one-half of his or her support and residing in his or her household;

             (4) An unmarried person who:

                   (I) Is placed in the legal custody of the covered service member or former covered service member as a result of an order of a court of competent jurisdiction in the United States, or possession of the United States, for a period of at least 12 consecutive months;

                   (II) Has not attained the age of 21, has not attained the age of 23 and is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, as defined in 10 U.S.C. § 1072(3), or is incapable of self-support because of a mental or physical incapacity that occurred while the person was considered a dependent of the covered service member or former covered service member pursuant to this paragraph;

                   (III) Is dependent on the covered service member or former covered service member for over one-half of the person’s support;

 


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                   (IV) Resides with the covered service member or former covered service member unless separated by the necessity of military service or to receive institutional care as a result of disability or incapacitation or under such other circumstances as the administering Secretary, as defined in 10 U.S.C. § 1072(3), may by regulation prescribe; and

                   (V) Is not a dependent of a covered service member or a former covered service member pursuant to subparagraph (1), (2) or (3).

      (f) “Dwelling” means a residential structure that contains one to four units, whether or not the structure is attached to real property. The term includes, without limitation, an individual condominium unit, cooperative unit, mobile home and manufactured home.

      Sec. 16. 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, 41.071, 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, 119B.370, 119B.382, 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, 176.01249, 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, 209.3925, 209.419, 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, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 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, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 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, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 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, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 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.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 450.140, 453.164, 453.720, 453A.610, 453A.700, 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, 480.365, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.

 


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459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 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, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 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, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 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, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 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, 679B.122, 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.110, 687A.115, 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.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 8 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 the confidential information from the information included in the public book or record that is not otherwise confidential.

      4.  A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

 


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      (a) Shall not refuse to provide a copy of that public record in a readily available medium 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. 17. Chapter 675 of NRS is hereby amended by adding thereto the provisions set forth as sections 18, 19 and 20 of this act.

      Sec. 18. A licensee who makes a loan under this chapter that constitutes consumer credit to a covered service member or his or her dependent shall not charge the covered service member or dependent an annual percentage rate with respect to the loan except as:

      1.  Agreed to under the terms of the loan agreement;

      2.  Authorized by applicable state and federal law; and

      3.  Not specifically prohibited by NRS 99.050 and sections 19 and 20 of this act.

      Sec. 19. 1.  Before making a loan under this chapter that constitutes consumer credit to a covered service member or a dependent of a covered service member, a licensee shall provide the following information to the covered service member or the dependent of a covered service member, as applicable, both orally and in writing:

      (a) A statement of the annual percentage rate applicable to the loan;

      (b) Any disclosures required by the provisions of the Truth in Lending Act and any regulations adopted pursuant thereto; and

      (c) A clear description of the payment obligations of the covered service member or dependent, as applicable.

      2.  A licensee shall present the disclosures required by subsection 1 in accordance with the provisions of Regulation Z.

      3.  As used in this section:

      (a) “Regulation Z” has the meaning ascribed to it in NRS 604A.090.

      (b) “Truth in Lending Act” has the meaning ascribed to it in NRS 604A.120.

      Sec. 20. A licensee shall not make a loan under this chapter that constitutes consumer credit to a covered service member or a dependent of a covered service member with respect to which:

      1.  The borrower is required to waive the borrower’s right to legal recourse under any otherwise applicable provision of state or federal law, including, without limitation, any provision of the Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901 et seq.;

      2.  The licensee imposes onerous legal notice provisions in the case of a dispute or demands unreasonable notice from the borrower as a condition for legal action;

      3.  The licensee uses a check or other method of access to a deposit, savings or other financial account maintained by the borrower, or the title of a vehicle as security for the obligation;

      4.  The licensee requires as a condition for the extension of consumer credit that the borrower establish an allotment to repay an obligation; or

      5.  The borrower is prohibited from prepaying the loan or is charged a penalty or fee for prepaying all or part of the loan.

      Sec. 21. NRS 675.020 is hereby amended to read as follows:

      675.020  As used in this chapter, unless the context otherwise requires:

 


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      1.  “Amount of cash advance” means the amount of cash or its equivalent actually received by a borrower or paid out at his or her direction or on his or her behalf.

      2.  “Amount of loan obligation” means the amount of cash advance plus the aggregate of charges added thereto pursuant to authority of this chapter.

      3.  “Commissioner” means the Commissioner of Financial Institutions.

      4.  “Community” means a contiguous area of the same economic unit or metropolitan area as determined by the Commissioner, and may include all or part of a city or several towns or cities.

      5.  “Consumer credit” has the meaning ascribed to it in section 2 of this act.

      6.  “Covered service member” has the meaning ascribed to it in section 3 of this act.

      7.  “Dependent” has the meaning ascribed to it in section 4 of this act.

      8.  “License” means a license, issued under the authority of this chapter, to make loans in accordance with the provisions of this chapter, at a single place of business.

      [6.]9.  “Licensee” means a person to whom one or more licenses have been issued.

      Sec. 22. NRS 675.170 is hereby amended to read as follows:

      675.170  1.  The Commissioner [may]

      (a) May adopt regulations and make orders for the administration and enforcement of this chapter, in addition hereto and not inconsistent herewith.

      (b) Shall adopt regulations to administer, carry out and enforce the provisions of sections 18, 19 and 20 of this act.

      2.  Every regulation must be promulgated by an order, and any ruling, demand, requirement or similar administrative act may be promulgated by an order.

      3.  Every order must be in writing, must state its effective date and the date of its promulgation, and must be entered in an indexed permanent book which is a public record.

      4.  A copy of every order promulgating a regulation and of every other order containing a requirement of general application must be mailed to each licensee at least 20 days before the effective date thereof.

      Sec. 23.  The amendatory provisions of:

      1.  Sections 1 to 7, inclusive, 9, 10, 11 and 14 to 24, inclusive, of this act do not apply to any contract or agreement for the extension of credit entered into before October 1, 2019, and any such contract or agreement remains in effect in accordance with the provisions of the contract or agreement.

      2.  Sections 8, 12 and 13 of this act do not apply to any contract or agreement for the extension of credit entered into before July 1, 2020, and any such contract or agreement remains in effect in accordance with the provisions of the contract or agreement.

      Sec. 24. NRS 604A.411 and 675.292 are hereby repealed.

      Sec. 25.  1.  This section and sections 1 to 7, inclusive, 9 to 11, inclusive, and 14 to 24, inclusive, of this act become effective:

      (a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      (b) On October 1, 2019, for all other purposes.

      2.  Sections 8, 12 and 13 of this act become effective on:

 


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ê2019 Statutes of Nevada, Page 952 (CHAPTER 177, SB 201)ê

 

      (a) July 1, 2019, for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of those sections including, without limitation, any tasks that are necessary to contract with a vendor or service provider or otherwise develop, implement and maintain the database described in section 8 of this act; and

      (b) July 1, 2020, for all other purposes.

________

CHAPTER 178, AB 183

Assembly Bill No. 183–Assemblymen Monroe-Moreno, Assefa, Frierson, Thompson, Flores; Backus, Bilbray-Axelrod, Carlton, Carrillo, Cohen, Duran, Fumo, McCurdy, Miller, Munk, Spiegel and Watts

 

Joint Sponsors: Senators Brooks, D. Harris and Cancela

 

CHAPTER 178

 

[Approved: May 28, 2019]

 

AN ACT relating to corrections; prohibiting certain correctional services from being provided by a private entity; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Except as otherwise authorized by section 3 of this bill, section 2 of this bill requires: (1) state and local prisons, jails and detention facilities to be under the administrative and direct operational control of the State or a local government, as applicable; and (2) services relating to the housing, safeguarding, protecting and disciplining of prisoners to be performed by employees of the State or a local government and not by private entities.

      Section 3 authorizes the Department of Corrections, until June 30, 2022, to enter into contracts with private entities to perform core correctional services to promote the safety of prisoners, employees of prisons and the public by reducing overcrowding in prisons. Section 3 requires such a private entity to comply with certain requirements for housing, custody, medical and mental health treatment, and programming. Section 3 sets forth certain requirements governing the transfer of a prisoner to a facility that is located outside of this State. Section 3 also requires the Director of the Department to prepare and submit for transmittal to the Legislative Commission an annual report which includes certain information relating to prisoners who are housed outside of this State. Finally, section 3 requires the Department to conduct biannual on-site inspections of facilities of private entities to ensure the compliance of such entities with the terms of the contract.

 

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 208 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. 1.  Except as otherwise provided in section 3 of this act, each prison that houses prisoners who are in the custody of the State or a local government must be under the administrative and direct operational control of the State or the local government, as applicable.

 


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ê2019 Statutes of Nevada, Page 953 (CHAPTER 178, AB 183)ê

 

control of the State or the local government, as applicable. The core correctional services at each such prison must be performed only by employees of the State or a local government, as applicable, and not by a private entity.

      2.  A condition, stipulation or provision in a contract that conflicts with this section is against the public policy of this State and is void and unenforceable.

      3.  As used in this section, “core correctional services” means the housing, safeguarding, protecting and disciplining of prisoners.

      Sec. 3. 1.  The Department of Corrections may enter into one or more contracts with one or more private entities to perform core correctional services to promote the safety of prisoners, employees of prisons and the public by reducing overcrowding in prisons.

      2.  A private entity which performs core correctional services pursuant to a contract entered into pursuant to this section shall comply with the requirements for housing, custody, medical and mental health treatment, and programming set forth in law and regulation and approved by the Board of State Prison Commissioners. Such requirements must be included in any contract entered into pursuant to this section.

      3.  If, pursuant to a contract entered into with a private entity pursuant to this section, the Department of Corrections proposes to transfer a prisoner to a facility that is located outside of this State:

      (a) The Department must give first priority for any such transfer to a prisoner who is not a permanent resident of this State and who meets such other qualifications for such a transfer as are established by the Director of the Department; and

      (b) The Department must ensure that the prisoner is provided with the ability to conduct visits by videoconferencing.

      4.  The Director of the Department of Corrections shall, on or before December 31 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission a report which includes, without limitation, the number of prisoners who are housed outside of this State and, for each such prisoner:

      (a) The identification number assigned to the prisoner;

      (b) The state of residence of the prisoner;

      (c) The level of security restrictions imposed on the prisoner;

      (d) The category of offense for which the prisoner was convicted;

      (e) A statement as to whether the prisoner is a veteran, as defined in NRS 176A.090;

      (f) Any programs which are available to the prisoner;

      (g) Any programs which the prisoner completed; and

      (h) The date on which the prisoner is projected to be released by expiration of his or her term of sentence or by parole.

      5.  The Department of Corrections shall biannually conduct an on-site inspection of each facility where a prisoner is housed by a private entity with which the Department has contracted to perform core correctional services pursuant to this section to ensure the compliance of the entity with the terms of the contract.

 


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ê2019 Statutes of Nevada, Page 954 (CHAPTER 178, AB 183)ê

 

      6.  As used in this section, “core correctional services” means the housing, safeguarding, protecting and disciplining of prisoners.

      Sec. 4. NRS 209.141 is hereby amended to read as follows:

      209.141  The Director may, with the approval of the Board [,] and except as otherwise provided in section 2 of this act, enter into agreements with other governmental agencies and with private organizations to carry out the purposes of this chapter.

      Sec. 5. NRS 209.4889 is hereby amended to read as follows:

      209.4889  1.  [The] Except as otherwise provided in section 2 of this act, the Director may enter into one or more contracts with one or more public or private entities to provide any of the following services, as necessary and appropriate, to offenders or parolees participating in a correctional or judicial program:

      (a) Transitional housing;

      (b) Treatment pertaining to substance abuse or mental health;

      (c) Training in life skills;

      (d) Vocational rehabilitation and job skills training; and

      (e) Any other services required by offenders or parolees who are participating in a correctional or judicial program.

      2.  The Director may consult with the Division before entering into a contract with a public or private entity pursuant to subsection 1.

      3.  The Director shall, as necessary and appropriate, provide referrals and information regarding:

      (a) Any of the services provided pursuant to subsection 1;

      (b) Access and availability of any appropriate self-help groups;

      (c) Social services for families and children; and

      (d) Permanent housing.

      4.  The Director may apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of this section. Money received pursuant to this subsection may be deposited with the State Treasurer for credit to the Account for Reentry Programs in the State General Fund created by NRS 480.810.

      5.  A contract entered into between the Director and a public or private entity pursuant to subsection 1 must require the entity to:

      (a) Provide a budget concerning all services the entity will provide during the duration of any grant received.

      (b) Provide all services required by any grant received.

      (c) Provide to the Department for its approval a curriculum for any program of services the entity will provide.

      (d) Provide to the Division, if appropriate, a list of the parolees who have completed or are currently participating in a program of services provided by the entity pursuant to any grant received.

      (e) Provide to any offender or parolee who completes a program of services provided by the entity a certificate of completion, and provide a copy of such a certificate to the Division or the Department, as appropriate.

      (f) To the extent financially practicable and necessary, assess the risk levels and needs of offenders and parolees by using a validated assessment tool.

      (g) Share with the Director information concerning assessments of the risk levels and needs of offenders and parolees so the Director can ensure that adequate assessments are being conducted.

 


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ê2019 Statutes of Nevada, Page 955 (CHAPTER 178, AB 183)ê

 

      (h) While the entity is providing services pursuant to the contract, meet annually with the Director, a representative of the Division, and other entities that have entered into a contract with the Director pursuant to subsection 1 to discuss, without limitation:

             (1) The services provided by the entities, including the growth and success of the services, any problems with the services and any potential solutions to such problems;

             (2) Issues relating to the reentry of offenders and parolees into the community and reducing the risk of recidivism; and

             (3) Issues relating to offenders and parolees who receive services from an entity and are subsequently convicted of another crime.

      6.  As used in this section, “training in life skills” includes, without limitation, training in the areas of:

      (a) Parenting;

      (b) Improving human relationships;

      (c) Preventing domestic violence;

      (d) Maintaining emotional and physical health;

      (e) Preventing abuse of alcohol and drugs;

      (f) Preparing for and obtaining employment; and

      (g) Budgeting, consumerism and personal finances.

      Sec. 6. Section 2 of this act is hereby amended to read as follows:

       Sec. 2.  1.  [Except as otherwise provided in section 3 of this act:

      (a)] Each prison that houses prisoners who are in the custody of the State or a local government must be under the administrative and direct operational control of the State or the local government, as applicable. The core correctional services at each such prison must be performed only by employees of the State or a local government, as applicable [.

      (b) The core correctional services of a prison must] , and not [be performed] by a private entity.

       2.  A condition, stipulation or provision in a contract that conflicts with this section is against the public policy of this State and is void and unenforceable.

       3.  As used in this section, “core correctional services” means the housing, safeguarding, protecting and disciplining of prisoners.

      Sec. 7.  1.  This section and sections 1 to 5, inclusive, of this act become effective on July 1, 2019.

      2.  Section 3 of this act expires by limitation on June 30, 2022.

      3.  Section 6 of this act becomes effective on July 1, 2022.

________

 


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ê2019 Statutes of Nevada, Page 956ê

 

CHAPTER 179, AB 117

Assembly Bill No. 117–Committee on Judiciary

 

CHAPTER 179

 

[Approved: May 28, 2019]

 

AN ACT relating to gaming; revising provisions relating to charitable gaming; requiring the Nevada Gaming Commission to adopt regulations providing a procedure to appeal the denial of the registration to operate a charitable lottery or charitable game; requiring the Commission to adopt regulations establishing the fees that a qualified organization must submit to the Chair of the Nevada Gaming Control Board when registering to operate a charitable lottery or charitable game; increasing the penalty for the commission of certain unauthorized acts relating to lotteries; repealing provisions relating to charitable games; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes provisions governing lotteries, including charitable lotteries. (Chapter 462 of NRS) Existing law also establishes provisions governing charitable games, including: (1) games operated by charitable or educational organizations; and (2) charitable bingo games operated by qualified organizations. (NRS 463.409-463.40965) This bill incorporates charitable games into the provisions of law governing charitable lotteries for the purpose of treating all charitable gaming in the same manner. Section 29 of this bill repeals the current provisions of law relating to charitable games.

      Section 3 of this bill defines the term “charitable game” as a bingo, poker or blackjack game that is operated by a qualified organization. Section 12 of this bill revises the definition of “qualified organization” to: (1) specify that such an organization must be certified by the Department of Taxation or the Internal Revenue Service as not operated for profit; and (2) exclude political organizations.

      Section 14 of this bill authorizes a qualified organization to operate a charitable lottery if: (1) the qualified organization is registered by the Chair of the Nevada Gaming Control Board to operate a charitable lottery; and (2) the total value of all the prizes offered in charitable lotteries operated by the qualified organization during the same calendar year, including the value of all unclaimed cash prizes, does not exceed $500,000 or, if the qualified organization is a qualified professional sports organization, does not exceed $2,000,000. Section 5 of this bill sets forth the requirements that must be satisfied for a qualified organization to operate a charitable game without obtaining a gaming license.

      Section 15 of this bill requires the Chair to register a qualified organization to operate a charitable lottery or charitable game if certain requirements are satisfied. Section 16 of this bill sets forth the items that a qualified organization must submit to register with the Chair to operate a charitable lottery or charitable game. Section 16 also requires the Commission, upon recommendation by the Board, to adopt regulations establishing the fees that a qualified organization must submit to the Chair for the purpose of such registration. Section 13 of this bill requires the Nevada Gaming Commission, upon the recommendation of the Board, to adopt regulations providing a procedure to appeal the denial of the registration to operate a charitable lottery or charitable game by the Chair.

      Section 18 of this bill prohibits the Chair from registering a qualified organization to operate a charitable lottery or charitable game outside this State. Section 18 authorizes statewide ticket sales and online sales upon approval by the Chair, but requires that all lottery ticket sales be limited to persons who are physically located within this State at the time of purchase.

 


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ê2019 Statutes of Nevada, Page 957 (CHAPTER 179, AB 117)ê

 

Chair, but requires that all lottery ticket sales be limited to persons who are physically located within this State at the time of purchase.

      Section 17 of this bill provides that if the Commission finds that a person associated with a qualified organization is unsuitable to be associated with the operation of a charitable lottery or charitable game, any contract or agreement between the associated person and the qualified organization for the provision of personal services to the qualified organization or for conducting any activity relating to the operation of a charitable lottery or charitable game is deemed to be terminated without liability on the part of the qualified organization.

      Section 19 of this bill removes the provision that prohibits a qualified organization from providing compensation to a person who is not a regular employee of the organization. Section 20 of this bill prohibits a qualified organization from contracting with certain vendors for the operation of a charitable lottery or charitable game. Section 20 also requires a qualified organization registered with the Chair to submit to the Chair a financial report on a charitable lottery or charitable game upon request.

      Section 4 of this bill provides that the State of Nevada, the Board, the Commission and certain other persons are immune from any civil liability for any decision or action taken in good faith and without malicious intent in carrying out the provisions of law relating to charitable gaming.

      Existing law: (1) establishes various unauthorized acts relating to lotteries; and (2) provides that a person who commits any such act is guilty of a misdemeanor. (NRS 462.250, 462.260, 462.280-462.300, 462.320) Sections 21-26 of this bill increase the penalty for the commission of any such act to a gross misdemeanor.

 

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 462 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2. “Chair” means the Chair of the Board.

      Sec. 3. “Charitable game” means a bingo, poker or blackjack game that is operated by a qualified organization pursuant to the provisions of this chapter. The term does not include any other game or gambling game specified in NRS 463.0152, including without limitation, any game which requires the use of a gaming device, or any wagers on horse races, other animal races, sporting events or other events.

      Sec. 4. In addition to any other rights, privileges and immunities recognized by law, the State of Nevada, the Board and any of its members, employees, attorneys and other personnel, and the Commission and any of its members, employees, attorneys and other personnel are immune from any civil liability for any decision or action taken in good faith and without malicious intent in carrying out the provisions of this chapter.

      Sec. 5. A qualified organization may operate a charitable game without obtaining a license pursuant to NRS 463.160 if:

      1.  The qualified organization is registered by the Chair to operate a charitable game pursuant to NRS 462.150; and

      2.  The total value of all the prizes offered in charitable games operated by the qualified organization during the same calendar year does not exceed $500,000.

      Sec. 6. NRS 462.015 is hereby amended to read as follows:

      462.015  The Legislature hereby finds, and declares to be the public policy of this state, that:

 


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ê2019 Statutes of Nevada, Page 958 (CHAPTER 179, AB 117)ê

 

      1.  The operation of legitimate charitable lotteries and charitable games in this State by [bona fide charitable and nonprofit] qualified organizations is beneficial to the general welfare of the residents of this state.

      2.  The benefits of charitable lotteries [:] and charitable games:

      (a) Are dependent upon ensuring that those charitable lotteries and charitable games are operated honestly and free from criminal and corruptive elements, and that the proceeds of those charitable lotteries and charitable games are expended to benefit the activities of charitable or nonprofit organizations [.] in this State.

      (b) Can be ensured through the regulation of the type of organizations authorized to operate those charitable lotteries [,] and charitable games, the manner in which those charitable lotteries and charitable games are conducted and the manner in which the proceeds of those charitable lotteries and charitable games are expended.

      Sec. 7. NRS 462.025 is hereby amended to read as follows:

      462.025  Nothing in this chapter affects the power of a local government to require the licensing of or to impose additional restrictions on the operation of a charitable lottery [.] or charitable game.

      Sec. 8. NRS 462.035 is hereby amended to read as follows:

      462.035  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 462.045 to 462.125, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 9. NRS 462.064 is hereby amended to read as follows:

      462.064  “Charitable lottery” means a lottery operated by a [bona fide charitable or nonprofit] qualified organization pursuant to the provisions of this chapter.

      Sec. 10. NRS 462.075 is hereby amended to read as follows:

      462.075  “Charitable or nonprofit activity” means an activity in support of the arts, amateur athletics, peace officers or health or social services, or conducted for any benevolent, civic, educational, eleemosynary, fraternal, humanitarian, patriotic [, political] or religious purpose, including the operation of a qualified organization.

      Sec. 11. NRS 462.115 is hereby amended to read as follows:

      462.115  “Net proceeds” means the total amount of money collected from the [sale] operation of [tickets or chances for] a charitable lottery [,] or charitable game, less the total amount of money expended for prizes, supplies, advertising, promotion, printing, administration and other direct expenses necessary to operate a charitable lottery [.] or charitable game, as applicable.

      Sec. 12. NRS 462.125 is hereby amended to read as follows:

      462.125  “Qualified organization” means [a bona fide] an alumni, charitable, civic, educational, fraternal, patriotic, [political,] religious [,] or veterans’ organization or a state or local bar [or veterans’ organization] association that [is] has been certified by the Department of Taxation or the Internal Revenue Service as not operated for profit.

      Sec. 13. NRS 462.130 is hereby amended to read as follows:

      462.130  1.  The Board and Commission shall administer the provisions of this chapter for the protection of the public and in the public interest in accordance with the policy of this state.

      2.  The Commission, upon the recommendation of the Board:

 


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ê2019 Statutes of Nevada, Page 959 (CHAPTER 179, AB 117)ê

 

      (a) May adopt such regulations as it deems desirable to enforce the provisions of this chapter; and

      (b) Shall adopt regulations providing a procedure to appeal the denial of the [approval of] registration to operate a charitable lottery or charitable game by the [Executive Director] Chair pursuant to NRS 462.150,

Ê pursuant to the procedure set forth in NRS 463.145.

      Sec. 14. NRS 462.140 is hereby amended to read as follows:

      462.140  1.  A qualified organization may operate a charitable lottery if:

      [1.](a) The qualified organization is [approved] registered by the [Executive Director] Chair to operate a charitable lottery pursuant to NRS 462.150; and [the]

      (b) The total value of all the prizes offered in charitable lotteries operated by the qualified organization during the same calendar year [exceeds $25,000, but] , including, without limitation, the value of all unclaimed cash prizes [does] :

             (1) Except as otherwise provided in subparagraph (2), does not exceed $500,000;

      [2.  Except as otherwise provided in subsection 4, the organization registers with the Executive Director and the total value of all the prizes offered in charitable lotteries operated by the organization during the same calendar year exceeds $2,500, but] or

             (2) If the qualified organization is a qualified professional sports organization, does not exceed [$25,000;

      3.  The total value of the prizes offered in the charitable lottery does not exceed $2,500 and the organization operates no more than two charitable lotteries per calendar year; or

      4.  The tickets or chances for the charitable lottery are sold only to members of the organization, and to guests of those members while attending a special event sponsored by the organization, and the total value of all the prizes offered in charitable lotteries operated by the organization during the same calendar year does not exceed $15,000.] $2,000,000.

      2.  As used in this section, “qualified professional sports organization” means a qualified organization that is affiliated and co-branded with a professional sports team franchise which:

      (a) Is a member of Major League Baseball, Major League Soccer, the National Basketball Association, the National Hockey League or the National Football League; and

      (b) Plays the majority of its home games in this State.

Ê The term does not include any minor league affiliate of any such team franchise, association or league.

      Sec. 15. NRS 462.150 is hereby amended to read as follows:

      462.150  1.  The [Executive Director] Chair shall:

      (a) Register a qualified organization [that complies with the requirements of NRS 462.160.

      (b) Approve a qualified organization] to operate a charitable lottery or charitable game if:

             (1) The organization complies with the requirements of NRS 462.160; [and]

             (2) The [Executive Director] prizes offered are legal under state and federal law; and

 


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             (3) The Chair determines , in his or her sole and absolute discretion, that the [approval] registration of the organization to operate a charitable lottery or charitable game and the prizes offered would not be contrary to the public interest.

      [(c)](b) Provide a qualified organization, within 30 days after its submission of an application pursuant to NRS 462.160, with written notification of the basis for any refusal by the [Executive Director] Chair to register [or approve] the qualified organization pursuant to this section.

      2.  The registration [or approval] of a qualified organization to operate a charitable lottery or charitable game is a revocable privilege. No person has any right to be registered [or approved] to operate a charitable lottery or charitable game by the [Executive Director] Chair or acquires any vested right upon being registered [or approved] by the [Executive Director.

      3.  Unless earlier revoked, the registration or approval of a qualified organization is valid for the calendar year and expires on December 31.] Chair.

      Sec. 16. NRS 462.160 is hereby amended to read as follows:

      462.160  1.  To register with [or request the approval of] the [Executive Director,] Chair to operate a charitable lottery or charitable game, a qualified organization must submit to the [Executive Director:] Chair:

      (a) A written application containing:

             (1) The name, address and nature of the organization.

             (2) Proof that the organization is a qualified organization.

             (3) The names of the officers or principals of the organization, and of any person responsible for the management, administration or supervision of the organization’s charitable lotteries or charitable games and any activities related to those charitable lotteries [.] or charitable games.

             (4) A listing of vendors who will assist with each charitable lottery or charitable game operated by the organization and the services that will be provided.

             (5) A description of all the prizes to be offered in each charitable [lotteries] lottery or charitable game operated by the organization . [during the calendar year to which the application pertains and, if the approval of the Executive Director is required, a]

             (6) A summary of the anticipated expenses of conducting [those lotteries,] each charitable lottery or charitable game, including copies of any proposed agreements between the organization and any suppliers of material for the operation of [those lotteries.

             (5)]each charitable lottery or charitable game.

             (7) A description of the intended use of the net proceeds of each charitable [lotteries] lottery or charitable game operated by the organization . [during the calendar year to which the application pertains.

             (6)](8) The [designation] address of [a primary county in which] the location where each charitable [lotteries] lottery or charitable game will be conducted by the organization . [during the calendar year to which the application pertains.

             (7)](9) The operational controls for each charitable lottery or charitable game, including, without limitation:

                   (I) The methods proposed for ticket sales and, if proposing mobile, online or telephone sales, the procedures for such sales;

 


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                   (II) The audit controls for all ticket sales in this State to ensure compliance with NRS 462.180;

                   (III) The rules which will be presented to the public for each charitable lottery or charitable game;

                   (IV) The method of awarding all prizes and announcing all winners to the public; and

                   (V) The rules and time frames for the collection of all prizes.

             (10) A statement verifying that all charitable lotteries or charitable games will be conducted in accordance with the standards of honesty and integrity applicable to licensed gambling games in this State and that any prizes that would be deemed illegal under state or federal law will not be offered.

             (11) Any other information the [Executive Director] Chair deems appropriate.

      (b) [A nonrefundable fee of:

             (1) For registration, $5; or

             (2) For a request for approval, $25.] All applicable fees established by the Commission by regulation pursuant to subsection 3.

      2.  A qualified organization shall submit such additional information as necessary to correct or complete any information submitted pursuant to this section that becomes inaccurate or incomplete. The [approval] registration of a qualified organization is suspended during the period that any of the information is inaccurate or incomplete. The [Executive Director] Chair may reinstate the [approval] registration of the organization only after all information has been corrected and completed.

      3.  The Commission, upon recommendation by the Board, shall adopt regulations establishing the fees that a qualified organization must submit to the Chair pursuant to this section.

      4.  The money collected pursuant to this section must be expended to administer and enforce the provisions of this chapter.

      Sec. 17. NRS 462.170 is hereby amended to read as follows:

      462.170  1.  The Commission may, upon recommendation of the Board, require:

      (a) A qualified organization that registers with [or requests the approval of] the [Executive Director] Chair to file an application pursuant to chapter 463 of NRS for a finding of suitability to operate a charitable lottery or charitable game in this state.

      (b) Any person who is employed by, a member of or otherwise associated with such an organization to file an application pursuant to chapter 463 of NRS for a finding of suitability to be associated with the operation of a charitable lottery or charitable game in this state.

      2.  The Board may conduct an investigation of the qualified organization or associated person and submit recommendations to the Commission. The qualified organization or associated person must deposit with the Board a sum of money which the Board determines will be adequate to pay the anticipated costs of the investigation and shall upon the completion of the investigation pay to the Board any additional money necessary to reimburse the Board for the actual cost of the investigation. The Board shall refund any overpayments.

      3.  The Commission may revoke the registration [or approval] of a qualified organization to operate a charitable lottery or charitable game if:

 


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      (a) An application for a finding of suitability is not submitted to the Board, together with the deposit required by subsection 2, within 30 days after the qualified organization receives written notice that it is required pursuant to paragraph (a) of subsection 1 to file an application for a finding of suitability.

      (b) The qualified organization is found unsuitable to operate a charitable lottery or charitable game in this state.

      (c) An application for a finding of suitability is not submitted to the Board, together with the deposit required by subsection 2, or the association of the person with the organization is not terminated, within 30 days after the qualified organization receives written notice that an associated person is required pursuant to paragraph (b) of subsection 1 to file an application for a finding of suitability.

      (d) The associated person is found unsuitable to be associated with the operation of a charitable lottery or charitable game in this state and the qualified organization does not terminate its association with that person within 30 days after receiving written notice of the finding of unsuitability.

      4.  If the Commission finds that an associated person is unsuitable to be associated with the operation of a charitable lottery or charitable game in this State, any contract or agreement between the associated person and a qualified organization for the provision of personal services to the qualified organization or for conducting any activity relating to the operation of the charitable lottery or charitable game shall be deemed to be terminated without liability on the part of the qualified organization. Failure to expressly include such a condition in a contract or agreement is not a defense in any action brought pursuant to this section to terminate the contract or agreement.

      Sec. 18. NRS 462.180 is hereby amended to read as follows:

      462.180  [A qualified organization] The Chair shall not [:

      1.  Except as approved by the Executive Director, sell any ticket or chance for] register a qualified organization to operate a charitable lottery or charitable game outside [of:

      (a) The primary county in which the charitable lottery is being conducted; and

      (b) Any counties that border on the primary county.

      2.  If the organization has been approved by the Executive Director, conduct more than one charitable lottery in any calendar quarter without the specific authorization of the Executive Director.] this State. Statewide ticket sales and online sales are permitted upon approval by the Chair, but all lottery ticket sales must be limited to persons who are physically located within this State at the time of purchase.

      Sec. 19. NRS 462.190 is hereby amended to read as follows:

      462.190  A qualified organization shall not:

      1.  Compensate any person for the provision of prizes and supplies used in the operation of a charitable lottery [,] or charitable game, except to pay the fair market value of the prizes and supplies necessary for the operation of the charitable lottery [.] or charitable game.

      2.  Provide [:

      (a) Any compensation to a person who is not a regular employee of the organization; and

      (b) Any] any additional compensation to a person who is a regular employee of the organization [,

 


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Ê] for his or her services in organizing or operating a charitable lottery or charitable game or assisting in the organization or operation of a charitable lottery [.] or charitable game. This subsection does not prohibit a qualified organization from compensating a person for the fair market value of services that are ancillary to the organization . [or operation of a charitable lottery.]

      Sec. 20. NRS 462.200 is hereby amended to read as follows:

      462.200  1.  A qualified organization [shall] :

      (a) Shall not contract with any vendor for the operation of a charitable lottery or charitable game who charges more than 8 percent of the gross proceeds of the charitable lottery or charitable game in exchange for the provision of services.

      (b) Shall expend the net proceeds of a charitable lottery or charitable game only for the benefit of charitable or nonprofit activities in this state.

      2.  A qualified organization [approved] registered by the [Executive Director] Chair shall, [after the completion of a charitable lottery and no later than the end of the same calendar year,] upon request, submit to the [Executive Director] Chair a financial report on [the] a charitable lottery [.] or charitable game. The financial report must include a statement of:

      (a) The expenses incurred in the operation of the charitable lottery [;] or charitable game; and

      (b) The amount and use of the net proceeds of the charitable lottery [.] or charitable game.

      Sec. 21. NRS 462.250 is hereby amended to read as follows:

      462.250  A person who contrives, prepares, sets up, proposes or [draws] operates any lottery, except as authorized pursuant to this chapter, is guilty of a gross misdemeanor.

      Sec. 22. NRS 462.260 is hereby amended to read as follows:

      462.260  A person who sells, gives or in any manner whatever furnishes or transfers to or for any other person any ticket, chance, share or interest, or any paper, certificate or instrument purporting or understood to be or to represent any ticket, chance, share or interest in or depending upon the event of any lottery, except as authorized pursuant to this chapter, is guilty of a gross misdemeanor.

      Sec. 23. NRS 462.280 is hereby amended to read as follows:

      462.280  A person who intentionally aids or assists, either by printing, writing, advertising, publishing or otherwise, in setting up, managing or [drawing] operating any lottery in violation of this chapter, or in selling or disposing of any ticket, chance or share therein, is guilty of a gross misdemeanor.

      Sec. 24. NRS 462.290 is hereby amended to read as follows:

      462.290  Every person who opens, sets up or keeps by himself or herself or by any other person any office or other place for the sale of or for registering the number of any ticket in any lottery in violation of this chapter, or who by printing, writing or other means intentionally advertises or publishes the setting up, opening or using of any such office, is guilty of a gross misdemeanor.

      Sec. 25. NRS 462.300 is hereby amended to read as follows:

      462.300  Every person who insures or receives any consideration for insuring for or against the drawing of any ticket in any lottery whatever, whether drawn or to be drawn within this state or not, or who receives any valuable consideration upon any agreement to repay any sum or deliver the same, or any other property, if any lottery ticket or number of any ticket in any lottery shall prove fortunate or unfortunate, or shall be drawn or not be drawn at any particular time or in any particular order, or who promises or agrees to pay any sum of money, or to deliver any goods, things in action or property, or to forbear to do anything for the benefit of any person, with or without consideration, upon any event or contingency dependent upon the drawing of any ticket in any lottery, or who publishes any notice or proposal of any of the purposes aforesaid, is guilty of a gross misdemeanor.

 


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same, or any other property, if any lottery ticket or number of any ticket in any lottery shall prove fortunate or unfortunate, or shall be drawn or not be drawn at any particular time or in any particular order, or who promises or agrees to pay any sum of money, or to deliver any goods, things in action or property, or to forbear to do anything for the benefit of any person, with or without consideration, upon any event or contingency dependent upon the drawing of any ticket in any lottery, or who publishes any notice or proposal of any of the purposes aforesaid, is guilty of a gross misdemeanor.

      Sec. 26. NRS 462.320 is hereby amended to read as follows:

      462.320  A person who lets or permits to be used any building or vessel, or any portion thereof, knowing that it is to be used for setting up, managing or drawing any lottery in violation of this chapter, or for the purpose of selling or disposing of lottery tickets in violation of this chapter, is guilty of a gross misdemeanor.

      Sec. 27. NRS 463.0152 is hereby amended to read as follows:

      463.0152  “Game” or “gambling game” means any game played with cards, dice, equipment or any mechanical, electromechanical or electronic device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fan-tan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, poker, chuck-a-luck, Chinese chuck-a-luck (dai shu), wheel of fortune, chemin de fer, baccarat, pai gow, beat the banker, panguingui, slot machine, any banking or percentage game or any other game or device approved by the Commission, but does not include games played with cards in private homes or residences in which no person makes money for operating the game, except as a player, or games operated by [charitable or educational] qualified organizations [which] that are [approved] registered by the [Board] Chair pursuant to the provisions of chapter 462 of NRS . [463.409.]

      Sec. 28. NRS 463.160 is hereby amended to read as follows:

      463.160  1.  Except as otherwise provided in subsection 4 and NRS 463.172 [,] and section 5 of this act, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:

      (a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any gambling game, gaming device, inter-casino linked system, mobile gaming system, slot machine, race book or sports pool;

      (b) To provide or maintain any information service;

      (c) To operate a gaming salon;

      (d) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any gambling game, slot machine, gaming device, mobile gaming system, race book or sports pool;

      (e) To operate as a cash access and wagering instrument service provider; or

      (f) To operate, carry on, conduct, maintain or expose for play in or from the State of Nevada any interactive gaming system,

Ê without having first procured, and thereafter maintaining in effect, all federal, state, county and municipal gaming licenses as required by statute, regulation or ordinance or by the governing board of any unincorporated town.

 


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      2.  The licensure of an operator of an inter-casino linked system is not required if:

      (a) A gaming licensee is operating an inter-casino linked system on the premises of an affiliated licensee; or

      (b) An operator of a slot machine route is operating an inter-casino linked system consisting of slot machines only.

      3.  Except as otherwise provided in subsection 4, it is unlawful for any person knowingly to permit any gambling game, slot machine, gaming device, inter-casino linked system, mobile gaming system, race book or sports pool to be conducted, operated, dealt or carried on in any house or building or other premises owned by the person, in whole or in part, by a person who is not licensed pursuant to this chapter, or that person’s employee.

      4.  The Commission may, by regulation, authorize a person to own or lease gaming devices for the limited purpose of display or use in the person’s private residence without procuring a state gaming license.

      5.  For the purposes of this section, the operation of a race book or sports pool includes making the premises available for any of the following purposes:

      (a) Allowing patrons to establish an account for wagering with the race book or sports pool;

      (b) Accepting wagers from patrons;

      (c) Allowing patrons to place wagers;

      (d) Paying winning wagers to patrons; or

      (e) Allowing patrons to withdraw cash from an account for wagering or to be issued a ticket, receipt, representation of value or other credit representing a withdrawal from an account for wagering that can be redeemed for cash,

Ê whether by a transaction in person at an establishment or through mechanical means, such as a kiosk or similar device, regardless of whether that device would otherwise be considered associated equipment. A separate license must be obtained for each location at which such an operation is conducted.

      6.  As used in this section, “affiliated licensee” has the meaning ascribed to it in NRS 463.430.

      Sec. 29. NRS 462.055, 462.095, 463.409, 463.4091, 463.40915, 463.4092, 463.40925, 463.4093, 463.40935, 463.4094, 463.40945, 463.4095, 463.40955, 463.4096 and 463.40965 are hereby repealed.

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ê2019 Statutes of Nevada, Page 966ê

 

CHAPTER 180, AB 285

Assembly Bill No. 285–Assemblyman Frierson

 

CHAPTER 180

 

[Approved: May 29, 2019]

 

AN ACT relating to civil actions; enacting provisions relating to a mental or physical examination of certain persons in a civil action; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Nevada Rules of Civil Procedure authorize a court to order a party or certain other persons, whose mental or physical condition is in controversy, to submit to a mental or physical examination under certain circumstances. The Nevada Rules of Civil Procedure govern the time, place, manner, conditions and scope of such an examination. (N.R.C.P. 35)

      This bill authorizes an observer to be present at a mental or physical examination ordered by a court. This bill authorizes the observer to be: (1) an attorney for the person undergoing the examination; (2) an attorney for the party producing the person subject to the examination; or (3) the designated representative of such an attorney if the designated representative receives written authorization from the attorney to be the observer at the examination and the designated representative presents the written authorization to the person performing the examination.

      This bill authorizes an observer to suspend an examination if the person conducting the examination is abusive towards the person being examined or the person conducting the examination exceeds the authorized scope of the examination. This bill also authorizes a person conducting the examination to suspend the examination if the observer attempts to participate in or disrupt the examination. If the examination is suspended, the party subject to the order for the examination may petition a court for a protective order pursuant to the Nevada Rules of Civil Procedure. This bill also authorizes an observer to make an audio or stenographic recording of the examination.

 

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 52 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An observer may attend an examination but shall not participate in or disrupt the examination.

      2.  The observer attending the examination pursuant to subsection 1 may be:

      (a) An attorney of an examinee or party producing the examinee; or

      (b) A designated representative of the attorney, if:

             (1) The attorney of the examinee or party producing the examinee, in writing, authorizes the designated representative to act on behalf of the attorney during the examination; and

             (2) The designated representative presents the authorization to the examiner before the commencement of the examination.

      3.  The observer attending the examination pursuant to subsection 1 may make an audio or stenographic recording of the examination.

 


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ê2019 Statutes of Nevada, Page 967 (CHAPTER 180, AB 285)ê

 

      4.  The observer attending the examination pursuant to subsection 1 may suspend the examination if an examiner:

      (a) Becomes abusive towards an examinee; or

      (b) Exceeds the scope of the examination, including, without limitation, engaging in unauthorized diagnostics, tests or procedures.

      5.  An examiner may suspend the examination if the observer attending the examination pursuant to subsection 1 disrupts or attempts to participate in the examination.

      6.  If the examination is suspended pursuant to subsection 4 or 5, the party ordered to produce the examinee may move for a protective order pursuant to the Nevada Rules of Civil Procedure.

      7.  As used in this section:

      (a) “Examination” means a mental or physical examination ordered by a court for the purpose of discovery in a civil action.

      (b) “Examinee” means a person who is ordered by a court to submit to an examination.

      (c) “Examiner” means a person who is ordered by a court to conduct an examination.

________

CHAPTER 181, AB 230

Assembly Bill No. 230–Assemblymen Swank; Bilbray-Axelrod, Carrillo and Leavitt

 

CHAPTER 181

 

[Approved: May 29, 2019]

 

AN ACT relating to historic preservation; providing a procedure for the governing body of a county or city to designate a historic neighborhood; clarifying the authority of the Office of Historic Preservation of the State Department of Conservation and Natural Resources to include landmarks in its list of historic places that are eligible for listing in the State Register of Historic Places; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, local governmental entities in a county whose population is 700,000 or more (currently Clark County) are required to address the preservation of historic neighborhoods in their land use plans and regulations. (NRS 268.190, 278.02528, 278.150, 278.160, 278.170, 278.250) Existing law defines a historic neighborhood as a subdivided or developed area which: (1) consists of at least 10 residential dwelling units, of which two-thirds are 40 or more years of age; and (2) has been identified by the governing body of the county or city within which the area is located as having a distinctive character or traditional quality distinguishable from the surrounding area. (NRS 278.0153) Section 1 of this bill provides a procedure for a governing body of any county or city to designate a historic neighborhood, including a requirement that the governing body hold a public hearing before designating an area as a historic neighborhood. This procedure is modeled on the procedure in existing law for the establishment of a historic district. (NRS 384.005) The criteria to be used to determine whether to designate an area as a historic neighborhood is moved from the definition of “historic neighborhood” in section 3 of this bill to section 1. Sections 2, 4, 5 and 8 of this bill make conforming changes.

 


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ê2019 Statutes of Nevada, Page 968 (CHAPTER 181, AB 230)ê

 

      Existing law requires the Office of Historic Preservation of the State Department of Conservation and Natural Resources to: (1) prepare and maintain the State Register of Historic Places; (2) establish procedures, qualifications and standards for listing historic places in the State Register; and (3) prepare a list of sites, structures, objects and districts on public and private land that are eligible for inclusion in the State Register. (NRS 383.085) Section 12 of this bill clarifies that a landmark is a site, building, structure or object that is eligible for inclusion in the State Register. Sections 6, 7 and 9-11 of this bill make conforming changes.

 

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 278 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A governing body may designate a historic neighborhood in a county or city for the purpose of promoting the educational, cultural, economic and general welfare of the public through the preservation and protection of sites, buildings, structures and areas of historic interest. To be eligible for designation as a historic neighborhood, an area must:

      (a) Be subdivided or developed and consist of 10 or more residential dwelling units, of which at least two-thirds of such units must be 40 or more years of age; and

      (b) Have been identified by the governing body as having a distinctive character or traditional quality that can be distinguished from surrounding areas or new developments in the vicinity. Such a character or quality may include, without limitation:

             (1) Significance to the cultural, social, political or economic history of the area in which it is located;

             (2) Association with a significant person, group or event in local, state or national history;

             (3) Representation of an established and familiar visual feature of an area because of its location, design, architecture or singular physical appearance; or

             (4) Meeting the criteria for eligibility for listing on the State or National Register of Historic Places.

      2.  Before designating a historic neighborhood, the governing body shall hold a public hearing. Notice of the time and the place of the hearing, the purpose of the hearing and the boundaries of the proposed historic neighborhood must be posted in a manner that, at a minimum, satisfies the requirements of subsection 3 of NRS 241.020. At the hearing, any person may appear in support of or in opposition to the establishment of the proposed historic neighborhood.

      3.  Within 15 days after the hearing, the governing body shall:

      (a) Designate the historic neighborhood and fix its boundaries; or

      (b) Determine not to establish the historic neighborhood.

      4.  An ordinance under which a historic neighborhood is designated must, without limitation:

      (a) Contain criteria which substantially achieve the preservation and protection of sites, buildings and structures of historic significance to the historic neighborhood; and

 


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ê2019 Statutes of Nevada, Page 969 (CHAPTER 181, AB 230)ê

 

      (b) Provide for a designated review board with the power to review proposed alterations to buildings and structures within the historic neighborhood.

      5.  If a historic neighborhood is designated, the governing body may adopt any other ordinances that it determines are in the best interest of the historic neighborhood in accordance with the purposes expressed in subsection 1.

      Sec. 2. NRS 278.010 is hereby amended to read as follows:

      278.010  As used in NRS 278.010 to 278.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0103 to 278.0195, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3. NRS 278.0153 is hereby amended to read as follows:

      278.0153  “Historic neighborhood” means [a subdivided or developed] an area [:

      1.  Which consists of 10 or more residential dwelling units;

      2.  Where at least two-thirds of the residential dwelling units are 40 or more years of age; and

      3.  Which has been identified by the governing body of the city or county within which the area is located as having a distinctive character or traditional quality that can be distinguished from surrounding areas or new developments in the vicinity. Distinguishing characteristics of a historic neighborhood may include, without limitation:

      (a) Significance to the cultural, social, political or economic history of the area in which it is located;

      (b) Association with a significant person, group or event in local, state or national history;

      (c) Representation of an established and familiar visual feature of an area because of its location, design, architecture or singular physical appearance; or

      (d) Meeting the criteria for eligibility for listing on the State or National Register of Historic Places.] designated as a historic neighborhood pursuant to section 1 of this act.

      Sec. 4. NRS 278.0235 is hereby amended to read as follows:

      278.0235  No action or proceeding may be commenced for the purpose of seeking judicial relief or review from or with respect to any final action, decision or order of any governing body, commission or board authorized by NRS 278.010 to 278.630, inclusive, and section 1 of this act, unless the action or proceeding is commenced within 25 days after the date of filing of notice of the final action, decision or order with the clerk or secretary of the governing body, commission or board.

      Sec. 5. NRS 278.640 is hereby amended to read as follows:

      278.640  If after July 1, 1975, there is any land lying within the boundaries of any county of this State which has not been made subject to a comprehensive land use plan pursuant to NRS 278.150, and zoning regulations pursuant to the provisions of NRS 278.010 to 278.630, inclusive, and section 1 of this act, the provisions of NRS 278.640 to 278.675, inclusive, apply to the extent and in the manner indicated therein.

      Sec. 6. NRS 206.330 is hereby amended to read as follows:

      206.330  1.  Unless a greater criminal penalty is provided by a specific statute, a person who places graffiti on or otherwise defaces the public or private property, real or personal, of another, without the permission of the owner:

 


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ê2019 Statutes of Nevada, Page 970 (CHAPTER 181, AB 230)ê

 

      (a) Where the value of the loss is less than $250, is guilty of a misdemeanor.

      (b) Where the value of the loss is $250 or more but less than $5,000, is guilty of a gross misdemeanor.

      (c) Where the value of the loss is $5,000 or more or where the damage results in the impairment of public communication, transportation or police and fire protection, is guilty of a category E felony and shall be punished as provided in NRS 193.130. If the court grants probation to such a person, the court shall require as a condition of probation that the person serve at least 10 days in the county jail.

      (d) Where the offense is committed on any protected site in this State, is guilty of a category D felony and shall be punished as provided in NRS 193.130. If the court grants probation to such a person, the court shall require as a condition of probation that the person serve at least 10 days in the county jail.

      2.  Unless a greater penalty is provided by a specific statute, a person who has previously been convicted of a violation of subsection 1:

      (a) Two or more times; or

      (b) That was punished as a felony,

Ê and who violates subsection 1, regardless of the value of the loss, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      3.  If a person commits more than one offense pursuant to a scheme or continuing course of conduct, the value of all property damaged or destroyed by that person in the commission of those offenses must be aggregated for the purpose of determining the penalty prescribed in subsection 1, but only if the value of the loss when aggregated is $500 or more.

      4.  A person who violates subsection 1 shall, in addition to any other fine or penalty imposed:

      (a) For the first offense, pay a fine of not less than $400 but not more than $1,000 and perform 100 hours of community service.

      (b) For the second offense, pay a fine of not less than $750 but not more than $1,000 and perform 200 hours of community service.

      (c) For the third and each subsequent offense:

             (1) Pay a fine of $1,000; and

             (2) Perform up to 300 hours of community service for up to 1 year, as determined by the court. The court may order the person to repair, replace, clean up or keep free of graffiti the property damaged or destroyed by the person or, if it is not practicable for the person to repair, replace, clean up or keep free of graffiti that specific property, the court may order the person to repair, replace, clean up or keep free of graffiti another specified property.

Ê The community service assigned pursuant to this subsection must, if possible, be related to the abatement of graffiti.

      5.  The court may, in addition to any other fine or penalty imposed, order a person who violates subsection 1 to pay restitution.

      6.  The parent or legal guardian of a person under 18 years of age who violates this section is liable for all fines and penalties imposed against the person. If the parent or legal guardian is unable to pay the fine and penalties resulting from a violation of this section because of financial hardship, the court may require the parent or legal guardian to perform community service.

      7.  If a person who is 18 years of age or older is found guilty of violating this section, the court shall, in addition to any other penalty imposed, issue an order suspending the driver’s license of the person for not less than 6 months but not more than 2 years.

 


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less than 6 months but not more than 2 years. The court shall require the person to surrender all driver’s licenses then held by the person. If the person does not possess a driver’s license, the court shall issue an order prohibiting the person from applying for a driver’s license for not less than 6 months but not more than 2 years. The court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles any licenses together with a copy of the order.

      8.  The Department of Motor Vehicles:

      (a) Shall not treat a violation of this section in the manner statutorily required for a moving traffic violation.

      (b) Shall report the suspension of a driver’s license pursuant to this section to an insurance company or its agent inquiring about the person’s driving record. An insurance company shall not use any information obtained pursuant to this paragraph for purposes related to establishing premium rates or determining whether to underwrite the insurance.

      9.  A criminal penalty imposed pursuant to this section is in addition to any civil penalty or other remedy available pursuant to this section or another statute for the same conduct.

      10.  As used in this section:

      (a) “Impairment” means the disruption of ordinary and incidental services, the temporary loss of use or the removal of the property from service for repair of damage.

      (b) “Protected site” means:

             (1) Any site, landmark, monument, building or structure of historical significance pertaining to the history of the settlement of Nevada;

             (2) Any site, building, structure, object or district listed in the register of historic resources of a community which is recognized as a Certified Local Government pursuant to the Certified Local Government Program jointly administered by the National Park Service and the Office of Historic Preservation of the State Department of Conservation and Natural Resources;

             (3) Any site, building, structure [,] or object , including, without limitation, a landmark, or district listed in the State Register of Historic Places pursuant to NRS 383.085 or the National Register of Historic Places;

             (4) Any site, building, structure, object or district that is more than 50 years old and is located in a municipal or state park;

             (5) Any Indian campgrounds, shelters, petroglyphs, pictographs and burials; or

             (6) Any archeological or paleontological site, ruin, deposit, fossilized footprints and other impressions, petroglyphs and pictographs, habitation caves, rock shelters, natural caves, burial ground or sites of religious or cultural importance to an Indian tribe.

      (c) “Value of the loss” means the cost of repairing, restoring or replacing the property, including, without limitation, the cost of any materials and labor necessary to repair, restore or replace the item.

      Sec. 7. NRS 244A.6825 is hereby amended to read as follows:

      244A.6825  “Historic structure” means a building, facility or other structure , including, without limitation, a landmark, which is eligible for listing in the State Register of Historic Places under NRS 383.085.

      Sec. 8. NRS 268.190 is hereby amended to read as follows:

      268.190  Except as otherwise provided by law, the city planning commission may:

 


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ê2019 Statutes of Nevada, Page 972 (CHAPTER 181, AB 230)ê

 

      1.  Recommend and advise the city council and all other public authorities concerning:

      (a) The laying out, widening, extending, paving, parking and locating of streets, sidewalks and boulevards.

      (b) The betterment of housing and sanitary conditions, and the establishment of zones or districts within which lots or buildings may be restricted to residential use, or from which the establishment, conduct or operation of certain business, manufacturing or other enterprises may be excluded, and limiting the height, area and bulk of buildings and structures therein.

      2.  Recommend to the city council and all other public authorities plans and regulations for the future growth, development and beautification of the municipality in respect to its public and private buildings and works, streets, parks, grounds and vacant lots, which must include for each city a population plan if required by NRS 278.170, a plan for the development of affordable housing and, for each city located in a county whose population is 700,000 or more, a plan to inventory and preserve areas as historic neighborhoods [.] pursuant to section 1 of this act.

      3.  Perform any other acts and things necessary or proper to carry out the provisions of NRS 268.110 to 268.220, inclusive, and in general to study and propose such measures as may be for the municipal welfare and in the interest of protecting the municipal area’s natural resources from impairment.

      Sec. 9. NRS 321.404 is hereby amended to read as follows:

      321.404  “Historic building” means a site, building, structure [,] or object , including, without limitation, a landmark, or district which is eligible for or included in the State Register of Historic Places pursuant to NRS 383.085 or the National Register of Historic Places or is otherwise of historical significance.

      Sec. 10. NRS 349.485 is hereby amended to read as follows:

      349.485  “Historic structure” means a building, facility or other structure , including, without limitation, a landmark, which is eligible for listing in the State Register of Historic Places under NRS 383.085.

      Sec. 11. NRS 350.575 is hereby amended to read as follows:

      350.575  1.  Upon the adoption of a resolution to finance the preservation or restoration of a historic structure, in the manner provided in NRS 350.087, by a municipality, a certified copy thereof must be forwarded to the Executive Director of the Department of Taxation, accompanied by a letter from the Office of Historic Preservation of the State Department of Conservation and Natural Resources certifying that the preservation or restoration conforms to accepted standards for such work. As soon as is practicable, the Executive Director of the Department of Taxation shall, after consideration of the tax structure of the municipality concerned and the probable ability of the municipality to repay the requested financing, approve or disapprove the resolution in writing to the governing board. No such resolution is effective until approved by the Executive Director of the Department of Taxation. The written approval of the Executive Director of the Department of Taxation must be recorded in the minutes of the governing board.

 


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      2.  If the Executive Director of the Department of Taxation does not approve the financing resolution, the governing board of the municipality may appeal the Executive Director’s decision to the Nevada Tax Commission.

      3.  As used in this section, “historic structure” means a building, facility or other structure , including, without limitation, a landmark, which is eligible for listing in the State Register of Historic Places under NRS 383.085.

      Sec. 12. NRS 383.085 is hereby amended to read as follows:

      383.085  1.  The Office shall prepare and maintain the State Register of Historic Places.

      2.  The Office shall establish procedures, qualifications and standards for listing historic places in the State Register.

      3.  The Office shall prepare a list of eligible sites, buildings, structures [,] and objects , including, without limitation, landmarks, and districts on public and private land.

      4.  The Administrator may, by agreement with the appropriate state agency or private owner, place any site, building, structure [,] or object , including, without limitation, a landmark, or district which is located on state or private land in the State Register. The Administrator may by agreement with the appropriate federal agency place any site, building, structure [,] or object , including, without limitation, a landmark, or district which is located on federal land in the State Register.

      Sec. 13.  The amendatory provisions of sections 1 and 3 of this act do not apply to an area designated by the governing body of a county or city as a historic neighborhood before July 1, 2019.

      Sec. 14.  This act becomes effective on July 1, 2019.

________

CHAPTER 182, AB 260

Assembly Bill No. 260–Assemblymen Roberts; Hafen, Hardy, Leavitt and Tolles

 

CHAPTER 182

 

[Approved: May 29, 2019]

 

AN ACT relating to public employees; revising provisions relating to confidential communications made during a peer support counseling session; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes that law enforcement or public safety personnel who participate in a peer support counseling session have a privilege to refuse to disclose certain communications made during a counseling session. (NRS 49.293) Existing law also provides that such communications are confidential and may not be disclosed, unless: (1) the communication relates to certain information relating to the safety of persons or to criminal conduct; (2) the law enforcement or public safety personnel who were a party to the communication waive the confidentiality; or (3) a court of competent jurisdiction issues an order or subpoena requiring the disclosure of the communication. (NRS 49.293, 281.805) This bill removes the authorization of a court to issue an order or subpoena requiring the disclosure of confidential communications made during such a peer support counseling session.

 


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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 49.293 is hereby amended to read as follows:

      49.293  1.  Any law enforcement or public safety personnel who participate in a peer support counseling session and any counselor providing such counseling have a privilege to refuse to disclose, and to prevent any other person from disclosing, any confidential communications set forth in NRS 281.805 unless:

      (a) The communication is any of the following:

             (1) Any explicit threat of suicide;

             (2) Any explicit threat of imminent and serious physical harm or death to a clearly identified or identifiable person;

             (3) Any information relating to the abuse or neglect of a child, older person or vulnerable person, or any information that is required by law to be reported; or

             (4) Any admission of criminal conduct; or

      (b) The law enforcement or public safety personnel who were a party to the communication waive the confidentiality of the communication . [; or

      (c) A court of competent jurisdiction issues an order or subpoena requiring the disclosure of the communication.]

      2.  As used in this section, “counselor,” “law enforcement or public safety personnel” and “peer support counseling session” have the meanings ascribed to them in NRS 281.805.

      Sec. 2. NRS 281.805 is hereby amended to read as follows:

      281.805  1.  Any communication made between parties during a peer support counseling session is confidential and must not be disclosed by any person participating in the peer support counseling session unless:

      (a) The communication is any of the following:

             (1) Any explicit threat of suicide;

             (2) Any explicit threat of imminent and serious physical harm or death to a clearly identified or identifiable person;

             (3) Any information relating to the abuse or neglect of a child, older person or vulnerable person, or any information that is required by law to be reported; or

             (4) Any admission of criminal conduct; or

      (b) The law enforcement or public safety personnel who were a party to the communication waive the confidentiality of the communication . [; or

      (c) A court of competent jurisdiction issues an order or subpoena requiring the disclosure of the communication.]

      2.  This section:

      (a) Applies to all oral communications, notes, records and reports arising out of a peer support counseling session. Any notes, records or reports arising out of a peer support counseling session are not public records.

      (b) Does not prohibit any communications between counselors who conduct peer support counseling sessions, or any communications between counselors and the supervisors or staff of a peer support counseling or employee assistance program. Any such communications are confidential for purposes of this section.

      (c) Does not limit the discovery or introduction into evidence of any knowledge acquired or observations made by any law enforcement or public safety personnel in the scope of their employment and outside of a peer support counseling session and which is otherwise subject to discovery or introduction into evidence.

 


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safety personnel in the scope of their employment and outside of a peer support counseling session and which is otherwise subject to discovery or introduction into evidence.

      3.  A person who discloses a communication pursuant to paragraph (a) [,] or (b) [or (c)] of subsection 1 is not liable for any error or omission in such a disclosure.

      4.  A law enforcement or public safety agency is not liable for any disclosure made in violation of this section by any law enforcement or public safety personnel of the agency who participate in a peer support counseling session.

      5.  As used in this section:

      (a) “Counselor” means a person who:

             (1) Has received training in peer support counseling and in providing emotional and moral support to law enforcement or public safety personnel who have been involved in or exposed to emotionally traumatic experiences in the course of their employment; and

             (2) Is designated by a law enforcement agency, public safety agency or employee assistance program to provide the services described in subparagraph (1).

      (b) “Employee assistance program” means a program provided by a law enforcement or public safety agency to provide counseling services to its personnel through the use of law enforcement or public safety personnel who have received special training to act as peer support counselors.

      (c) “Law enforcement or public safety personnel” includes, without limitation, peace officers, sheriffs’ deputies, corrections officers, probation officers, firefighters, paramedics, emergency dispatchers or any other employee or volunteer reserve member of a law enforcement or public safety agency whose duties involve emergency response or criminal investigation.

      (d) “Peer support counseling session” means any counseling formally provided through a peer support program between a counselor and one or more law enforcement or public safety personnel.

      Sec. 3.  This act becomes effective upon passage and approval.

________

CHAPTER 183, AB 290

Assembly Bill No. 290–Assemblywoman Jauregui

 

CHAPTER 183

 

[Approved: May 29, 2019]

 

AN ACT relating to occupational safety; requiring the Division of Industrial Relations of the Department of Business and Industry to establish registries to track trainers who provide courses in construction industry safety and health hazard recognition and persons who successfully complete such courses; revising provisions governing the duties of a trainer who provides courses in construction industry safety and health hazard recognition; revising provisions requiring certain employees on certain sites related to the entertainment industry to receive certain health and safety training; and providing other matters properly relating thereto.

 


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ê2019 Statutes of Nevada, Page 976 (CHAPTER 183, AB 290)ê

 

Legislative Counsel’s Digest:

      Existing law requires each construction worker and supervisory employee to obtain, within 15 days after the date he or she is hired, a completion card for taking a course in construction industry safety and health hazard recognition which is: (1) developed by the Occupational Safety and Health Administration of the United States Department of Labor; and (2) approved by the Division of Industrial Relations of the Department of Business and Industry. (NRS 618.983)

      Section 5 of this bill requires the Division of Industrial Relations of the Department of Business and Industry to establish registries to track: (1) construction workers, supervisory employees and other persons who have successfully completed certain courses in construction industry safety and health hazard recognition; and (2) persons who are authorized by the Occupational Safety and Health Administration of the United States Department of Labor as trainers to provide such courses. Section 5 also: (1) prohibits the costs of establishing the registry of construction workers, supervisory employees and other persons who have successfully completed the courses from being borne by those workers, employees and persons; and (2) requires the registry of persons who have successfully completed OSHA-10 courses or OSHA-30 courses to be accessible via an Internet website to enable the public to verify a person’s completion of such a course.

      Section 6 of this bill requires each trainer to: (1) register with the Division for tracking in its registry; and (2) report to the Division the name of each person who successfully completes a course in construction industry safety and health hazard recognition provided by the trainer.

      Existing law requires each entertainment industry worker and supervisory employee to obtain, within 15 days after the date he or she is hired, a completion card for taking a course in general industry safety and health hazard recognition which is: (1) developed by the Occupational Safety and Health Administration of the United States Department of Labor; and (2) approved by the Division of Industrial Relations of the Department of Business and Industry. (NRS 618.9911) Section 7 of this bill: (1) requires a worker to obtain a completion card within 15 days after the date he or she begins work on a site; and (2) exempts from this requirement a worker who is employed by a single employer for a period of less than 15 consecutive days.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-4. (Deleted by amendment.)

      Sec. 5. NRS 618.977 is hereby amended to read as follows:

      618.977  1.  The Division shall, by regulation, approve OSHA-10 courses and OSHA-30 courses for the purposes of fulfilling the requirements of NRS 618.983.

      2.  The Division shall establish [a] :

      (a) [registry to track the providers of courses approved pursuant to subsection 1.] A registry to track trainers, as defined in NRS 618.980; and

      (b) A registry to track construction workers, supervisory employees and other persons who have successfully completed OSHA-10 courses or OSHA-30 courses. The costs of establishing this registry must not be borne, directly or indirectly, by the construction workers, supervisory employees or other persons who are tracked in the registry.

      3.  The registry established pursuant to paragraph (b) of subsection 2 must be accessible via an Internet website to enable the public to verify whether a construction worker, supervisory employee or other person has successfully completed an OSHA-10 course or OSHA-30 course.

 


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whether a construction worker, supervisory employee or other person has successfully completed an OSHA-10 course or OSHA-30 course.

      Sec. 6. NRS 618.980 is hereby amended to read as follows:

      618.980  1.  Each trainer shall [display] :

      (a) Register with the Division.

      (b) Display his or her trainer card in a conspicuous manner at each location where the trainer provides an OSHA-10 course or OSHA-30 course.

      (c) Report to the Division the name of each person who successfully completes an OSHA-10 course or OSHA-30 course provided by the trainer.

      2.  No person other than a trainer may provide an OSHA-10 course or OSHA-30 course.

      3.  As used in this section:

      (a) “Trainer” means a person who is currently authorized by the Occupational Safety and Health Administration of the United States Department of Labor as a trainer, including, without limitation, a person who has completed OSHA 500, the Trainer Course in Occupational Safety and Health Standards for the Construction Industry.

      (b) “Trainer card” means the card issued upon completion of OSHA 500, the Trainer Course in Occupational Safety and Health Standards for the Construction Industry, which reflects the authorization of the holder by the Occupational Safety and Health Administration of the United States Department of Labor to provide OSHA-10 courses and OSHA-30 courses.

      Sec. 7. NRS 618.9911 is hereby amended to read as follows:

      618.9911  1.  The provisions of subsections 2 and 3 do not apply to a worker who is employed by a single employer for a period of less than 15 consecutive days.

      2.  Not later than 15 days after the date a worker other than a supervisory employee [is hired,] begins work on a site, the worker must obtain a completion card for an OSHA-10 course which is issued upon completion of a course approved by the Division pursuant to NRS 618.9909.

      [2.]3.  Not later than 15 days after the date a supervisory employee [is hired,] begins work on a site, the supervisory employee must obtain a completion card for an OSHA-30 course which is issued upon completion of a course approved by the Division pursuant to NRS 618.9909.

      [3.]4.  Any completion card used to satisfy the requirements of this section expires 5 years after the date it is issued and may be renewed by:

      (a) Completing an OSHA-10 course or OSHA-30 course, as applicable, within the previous 5 years; or

      (b) Providing proof satisfactory to the Division that the worker has completed continuing education within the previous 5 years consisting of job-specific training that meets the guidelines established by the Division pursuant to NRS 618.9909 in an amount of:

             (1) For a completion card issued for an OSHA-10 course, not less than 5 hours; or

             (2) For a completion card issued for an OSHA-30 course, not less than 15 hours.

      Sec. 8. NRS 618.9912 is hereby amended to read as follows:

      618.9912  1.  If a worker other than a supervisory employee fails to present his or her employer with a current and valid completion card for an OSHA-10 course [not later than 15 days after being hired,] as required pursuant to NRS 618.9911, the employer shall suspend or terminate his or her employment.

 


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      2.  If a supervisory employee on a site fails to present his or her employer with a current and valid completion card for an OSHA-30 course [not later than 15 days after being hired,] as required pursuant to NRS 618.9911, the employer shall suspend or terminate his or her employment.

      Sec. 9.  This act becomes effective:

      1.  Upon passage and approval for the purposes of performing any preparatory administrative tasks and adopting any regulations necessary to carry out the provisions of this act; and

      2.  On January 1, 2020, for all other purposes.

________

CHAPTER 184, AB 304

Assembly Bill No. 304–Assemblymen Miller, Fumo, Assefa, Bilbray-Axelrod, Carrillo; Backus, Benitez-Thompson, Carlton, Daly, Duran, Flores, Gorelow, Jauregui, Monroe-Moreno, Munk, Nguyen, Peters, Swank, Torres and Yeager

 

CHAPTER 184

 

[Approved: May 29, 2019]

 

AN ACT relating to education; requiring a request for a variance from maximum pupil-teacher ratios in elementary schools to include a plan to reduce class sizes; requiring the State Board of Education to adopt maximum ratios of pupils to certain school employees; requiring the board of trustees of a school district to annually publish certain information concerning class size; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law: (1) prescribes maximum ratios of pupils per class in kindergarten through third grade; and (2) authorizes a school district to request a variance from those maximum prescribed ratios from the State Board of Education. (NRS 388.700) Section 4 of this bill requires each such request to include a plan of actions that the school district will take to reduce the ratio of pupils per class.

      Existing law requires the State Board to develop nonbinding recommendations for the ratio of pupils per licensed teacher in the public schools of this State. The nonbinding recommendations are required to be based on evidence-based national standards; and take into account the unique needs of certain pupils, including pupils who are English learners. (NRS 388.890) Section 5.5 of this bill additionally requires the State Board to develop nonbinding recommendations for the ratio of pupils per counselor or licensed social worker in the public schools of this State. Section 5.5 also requires the board of trustees of each school district to annually post on an Internet website maintained by the school district the ratio of pupils per licensed teacher that has been approved for each class in the district.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-3.  (Deleted by amendment.)

 


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      Sec. 4. NRS 388.700 is hereby amended to read as follows:

      388.700  1.  Except as otherwise provided in this section, for each school quarter of a school year, the ratio in each school district of pupils per licensed teacher designated to teach, on a full-time basis, in classes where core curriculum is taught:

      (a) In kindergarten and grades 1 and 2, must not exceed 16 to 1, and in grade 3, must not exceed 18 to 1; or

      (b) If a plan is approved pursuant to subsection 3 of NRS 388.720, must not exceed the ratio set forth in that plan for the grade levels specified in the plan.

Ê In determining this ratio, all licensed educational personnel who teach a grade level specified in paragraph (a) or a grade level specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, as applicable for the school district, must be counted except teachers of art, music, physical education or special education, teachers who teach one or two specific subject areas to more than one classroom of pupils, and counselors, librarians, administrators, deans and specialists.

      2.  A school district may, within the limits of any plan adopted pursuant to NRS 388.720, assign a pupil whose enrollment in a grade occurs after the end of a quarter during the school year to any existing class regardless of the number of pupils in the class if the school district requests and is approved for a variance from the State Board pursuant to subsection 4.

      3.  Each school district that includes one or more elementary schools which exceed the ratio of pupils per class during any quarter of a school year, as reported to the Department pursuant to NRS 388.725:

      (a) Set forth in subsection 1;

      (b) Prescribed in conjunction with a legislative appropriation for the support of the class-size reduction program; or

      (c) Defined by a legislatively approved alternative class-size reduction plan, if applicable to that school district,

Ê must request a variance for each such school for the next quarter of the current school year if a quarter remains in that school year or for the next quarter of the succeeding school year, as applicable, from the State Board by providing a written statement that includes the reasons for the request , [and] the justification for exceeding the applicable prescribed ratio of pupils per class [.] and a plan of actions that the school district will take to reduce the ratio of pupils per class.

      4.  The State Board may grant to a school district a variance from the limitation on the number of pupils per class set forth in paragraph (a), (b) or (c) of subsection 3 for good cause, including the lack of available financial support specifically set aside for the reduction of pupil-teacher ratios.

      5.  The State Board shall, on a quarterly basis, submit a report to the Interim Finance Committee on each variance requested by a school district pursuant to subsection 4 during the preceding quarter and, if a variance was granted, an identification of each elementary school for which a variance was granted and the specific justification for the variance.

      6.  The State Board shall, on or before February 1 of each odd-numbered year, submit a report to the Legislature on:

      (a) Each variance requested by a school district pursuant to subsection 4 during the preceding biennium and, if a variance was granted, an identification of each elementary school for which a variance was granted and the specific justification for the variance.

 


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      (b) The data reported to it by the various school districts pursuant to subsection 2 of NRS 388.710, including an explanation of that data, and the current pupil-teacher ratios per class in the grade levels specified in paragraph (a) of subsection 1 or the grade levels specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, as applicable for the school district.

      7.  The Department shall, on or before November 15 of each year, report to the Chief of the Budget Division of the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau:

      (a) The number of teachers employed;

      (b) The number of teachers employed in order to attain the ratio required by subsection 1;

      (c) The number of pupils enrolled; and

      (d) The number of teachers assigned to teach in the same classroom with another teacher or in any other arrangement other than one teacher assigned to one classroom of pupils,

Ê during the current school year in the grade levels specified in paragraph (a) of subsection 1 or the grade levels specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, as applicable, for each school district.

      8.  The provisions of this section do not apply to a charter school or to a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive.

      Sec. 5. (Deleted by amendment.)

      Sec. 5.5. NRS 388.890 is hereby amended to read as follows:

      388.890  1.  The State Board shall develop nonbinding recommendations for the ratio of pupils per licensed teacher , counselor and licensed social worker in the public schools of this State for kindergarten and grades 1 to 12, inclusive. The board of trustees of each school district shall consider the recommendations in establishing the ratio of pupils per licensed teacher , counselor or licensed social worker, as applicable, in the school district.

      2.  The recommendations developed by the State Board must:

      (a) Prescribe a suggested ratio of pupils per licensed teacher for each classroom and course of instruction, except choir, orchestra and band, in kindergarten and grades 1 to 12, inclusive;

      (b) Prescribe a suggested ratio of pupils per counselor and a ratio of pupils per licensed social worker for each kind of public school described in NRS 388.020;

      (c) Be based on evidence-based national standards; and

      [(c)](d) Take into account the unique needs of certain pupils, including, without limitation, pupils who are English learners.

      3.  Nothing in this section shall be deemed to relieve a school district of its obligation to comply with the requirements of NRS 388.700 and 388.720, as applicable to the school district.

      4.  Not later than 30 days after the beginning of each school year, the board of trustees of each school district shall post on an Internet website maintained by the school district the ratio of pupils per licensed teacher that has been approved for each class in the district.

      5.  As used in this section, “English learner” has the meaning ascribed to it in 20 U.S.C. § 7801(20).

      Secs. 6-10. (Deleted by amendment.)

      Sec. 11.  This act becomes effective on July 1, 2019.

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ê2019 Statutes of Nevada, Page 981ê

 

CHAPTER 185, AB 334

Assembly Bill No. 334–Assemblywoman Jauregui

 

CHAPTER 185

 

[Approved: May 29, 2019]

 

AN ACT relating to professions; authorizing a regulatory body to recover the costs of fees for a hearing officer at any depositions or hearings; authorizing the Board of Medical Examiners under certain circumstances to meet at an alternative location; revising the grounds for disciplinary actions against certain practitioners; revising the deadline for issuing final orders in disciplinary actions; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth certain provisions that are applicable to regulatory bodies that regulate certain occupations and professions. (Chapter 622 of NRS) Section 1 of this bill allows such a regulatory body to recover the fees for hearing officers as costs incurred by the regulatory body as part of investigative, administrative and disciplinary proceedings against a person. Section 2 of this bill authorizes the Board of Medical Examiners, under certain circumstances, to meet at a location at which video conference facilities are not available. Section 3 of this bill provides that a violation of the provisions of existing law which regulate pharmacists and pharmacy by certain practitioners constitutes grounds for initiating disciplinary action or denying a license by the Board. Section 3 also provides that a licensee or applicant does not have to report to the Board disciplinary actions which originated with the Board. Section 4 of this bill revises the deadline for issuing final orders that impose discipline.

 

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 622.400 is hereby amended to read as follows:

      622.400  1.  A regulatory body may recover from a person reasonable attorney’s fees and costs that are incurred by the regulatory body as part of its investigative, administrative and disciplinary proceedings against the person if the regulatory body:

      (a) Enters a final order in which it finds that the person has violated any provision of this title which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body; or

      (b) Enters into a consent or settlement agreement in which the regulatory body finds or the person admits or does not contest that the person has violated any provision of this title which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body.

      2.  As used in this section, “costs” means:

      (a) Costs of an investigation.

      (b) Costs for photocopies, facsimiles, long distance telephone calls and postage and delivery.

      (c) Fees for hearing officers and court reporters at any depositions or hearings.

 


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      (d) Fees for expert witnesses and other witnesses at any depositions or hearings.

      (e) Fees for necessary interpreters at any depositions or hearings.

      (f) Fees for service and delivery of process and subpoenas.

      (g) Expenses for research, including, without limitation, reasonable and necessary expenses for computerized services for legal research.

      Sec. 2. NRS 630.100 is hereby amended to read as follows:

      630.100  1.  The Board shall meet at least twice annually and may meet at other times on the call of the President or a majority of its members.

      2.  [Meetings] Except as otherwise provided in this subsection, meetings of the Board must be held at a location at which members of the general public may testify via telephone or video conference between Las Vegas and Carson City or Reno. When appropriate video conference facilities are not available, the Board may meet at another location if the Board provides a telephonic dial-in number for use by the general public.

      3.  A majority of the Board or of any committee or panel appointed by the Board constitutes a quorum. If there is a quorum, a vote of the majority of the members present is all that is necessary to transact any business before the Board or the committee or panel appointed by the Board.

      Sec. 3. NRS 630.306 is hereby amended to read as follows:

      630.306  1.  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

      (a) Inability to practice medicine with reasonable skill and safety because of illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other substance.

      (b) Engaging in any conduct:

             (1) Which is intended to deceive;

             (2) Which the Board has determined is a violation of the standards of practice established by regulation of the Board; or

             (3) Which is in violation of a provision of chapter 639 of NRS, or a regulation adopted by the State Board of Pharmacy [.] pursuant thereto, that is applicable to a licensee who is a practitioner, as defined in NRS 639.0125.

      (c) Administering, dispensing or prescribing any controlled substance, or any dangerous drug as defined in chapter 454 of NRS, to or for himself or herself or to others except as authorized by law.

      (d) Performing, assisting or advising the injection of any substance containing liquid silicone into the human body, except for the use of silicone oil to repair a retinal detachment.

      (e) Practicing or offering to practice beyond the scope permitted by law or performing services which the licensee knows or has reason to know that he or she is not competent to perform or which are beyond the scope of his or her training.

      (f) Performing, without first obtaining the informed consent of the patient or the patient’s family, any procedure or prescribing any therapy which by the current standards of the practice of medicine is experimental.

      (g) Continual failure to exercise the skill or diligence or use the methods ordinarily exercised under the same circumstances by physicians in good standing practicing in the same specialty or field.

      (h) Habitual intoxication from alcohol or dependency on controlled substances.

 


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      (i) Making or filing a report which the licensee or applicant knows to be false or failing to file a record or report as required by law or regulation.

      (j) Failing to comply with the requirements of NRS 630.254.

      (k) Failure by a licensee or applicant to report in writing, within 30 days, any disciplinary action taken against the licensee or applicant by another state, the Federal Government or a foreign country, including, without limitation, the revocation, suspension or surrender of a license to practice medicine in another jurisdiction. The provisions of this paragraph do not apply to any disciplinary action taken by the Board or taken because of any disciplinary action taken by the Board.

      (l) Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.

      (m) Failure to be found competent to practice medicine as a result of an examination to determine medical competency pursuant to NRS 630.318.

      (n) Operation of a medical facility at any time during which:

             (1) The license of the facility is suspended or revoked; or

             (2) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This paragraph applies to an owner or other principal responsible for the operation of the facility.

      (o) Failure to comply with the requirements of NRS 630.373.

      (p) Engaging in any act that is unsafe or unprofessional conduct in accordance with regulations adopted by the Board.

      (q) Knowingly or willfully 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:

             (1) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

             (2) 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;

             (3) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS; or

             (4) Is an investigational drug or biological product prescribed to a patient pursuant to NRS 630.3735 or 633.6945.

      (r) Failure to supervise adequately a medical assistant pursuant to the regulations of the Board.

      (s) Failure to comply with the provisions of NRS 630.3745.

      (t) Failure to obtain any training required by the Board pursuant to NRS 630.2535.

      (u) Failure to comply with the provisions of NRS 454.217 or 629.086.

      2.  As used in this section, “investigational drug or biological product” has the meaning ascribed to it in NRS 454.351.

      Sec. 4. NRS 630.352 is hereby amended to read as follows:

      630.352  1.  Any member of the Board, other than a member of an investigative committee of the Board who participated in any determination regarding a formal complaint in the matter or any member serving on a panel of the Board at the hearing of the matter, may participate in an adjudication to obtain the final order of the Board.

 


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to obtain the final order of the Board. At the adjudication, the Board shall consider any findings of fact and conclusions of law submitted after the hearing and shall allow:

      (a) Counsel for the Board to present a disciplinary recommendation and argument in support of the disciplinary recommendation subject to the provisions of NRS 622A.200 and 622A.210;

      (b) The respondent or counsel of the respondent to present a disciplinary recommendation and argument in support of the disciplinary recommendation; and

      (c) The complainant in the matter to make a statement to the Board regarding the disciplinary recommendations by the parties and to address the effect of the respondent’s conduct upon the complainant or the patient involved, if other than the complainant.

Ê The Board may limit the time within which the parties and the complainant may make their arguments and statements.

      2.  At the conclusion of the presentations of the parties and the complainant, the Board shall deliberate and may by a majority vote impose discipline based upon the findings of fact and conclusions of law and the presentations of the parties and the complainant.

      3.  If, in the findings of fact and conclusions of law, the Board, hearing officer or panel of the Board determines that no violation has occurred, the Board shall dismiss the charges, in writing, and notify the respondent that the charges have been dismissed.

      4.  Except as otherwise provided in subsection 5, if the Board finds that a violation has occurred, it shall by order take one or more of the following actions:

      (a) Place the person on probation for a specified period on any of the conditions specified in the order;

      (b) Administer a written public reprimand to the person;

      (c) Limit the person’s practice or exclude one or more specified branches of medicine from his or her practice;

      (d) Suspend the person’s license for a specified period or until further order of the Board;

      (e) Revoke the person’s license;

      (f) Require the person to participate in a program to correct alcohol or drug dependence or any other impairment;

      (g) Require supervision of the person’s practice;

      (h) Impose a fine not to exceed $5,000 for each violation;

      (i) Require the person to perform community service without compensation;

      (j) Require the person to take a physical or mental examination or an examination testing his or her competence; and

      (k) Require the person to fulfill certain training or educational requirements.

      5.  If the Board finds that the respondent has violated the provisions of NRS 439B.425, the Board shall suspend the respondent’s license for a specified period or until further order of the Board.

      6.  The Board shall not administer a private reprimand if the Board finds that a violation has occurred.

      7.  Within 30 days after the [hearing before] conclusion of the adjudication by the Board, the Board shall issue a final order, certified by the Secretary-Treasurer of the Board, that imposes discipline and incorporates the findings of fact and conclusions of law obtained from the hearing.

 


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the findings of fact and conclusions of law obtained from the hearing. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 5.  This act becomes effective on July 1, 2019.

________

CHAPTER 186, AB 450

Assembly Bill No. 450–Committee on Legislative Operations and Elections

 

CHAPTER 186

 

[Approved: May 29, 2019]

 

AN ACT relating to incarcerated persons; revising the manner in which certain incarcerated persons are counted for purposes of the apportionment of the population for legislative districts, congressional districts and the districts of the Board of Regents; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 9 of this bill requires the State Demographer, employed by the Department of Taxation, to, upon completion of the decennial census, revise the population counts for every block, block group and census tract to count certain inmates in the block, block group and census tract of the inmate’s last known residential address before incarceration. Sections 3, 7 and 10 of this bill require the population counts as revised by the State Demographer to be used in the apportionment of legislative districts, congressional districts and districts of the Board of Regents, respectively.

      Section 6 of this bill requires the Director of the Department of Corrections to compile the last known residential address of each offender immediately before the offender was sentenced to imprisonment in a facility or institution of the Department.

 

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 218B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. “State Demographer” means the demographer employed by the Department of Taxation pursuant to NRS 360.283.

      Sec. 3. The population counts for every block, block group and census tract as revised by the State Demographer pursuant to section 9 of this act must be used for the apportionment of legislative districts.

      Sec. 4.  NRS 218B.010 is hereby amended to read as follows:

      218B.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 218B.020 to 218B.050, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 5. NRS 218B.050 is hereby amended to read as follows:

      218B.050  “Census voting district” means the voting district:

      1.  Based on the geographic and population data bases compiled by the Bureau of the Census of the United States Department of Commerce as revised by the State Demographer pursuant to section 9 of this act and validated and incorporated into the geographic information system by the Legislative Counsel Bureau for use by the Legislature; and

 


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validated and incorporated into the geographic information system by the Legislative Counsel Bureau for use by the Legislature; and

      2.  Designated in the maps filed with the Office of the Secretary of State pursuant to NRS 218B.180.

      Sec. 6. NRS 209.131 is hereby amended to read as follows:

      209.131  The Director shall:

      1.  Administer the Department under the direction of the Board.

      2.  Supervise the administration of all institutions and facilities of the Department.

      3.  Receive, retain and release, in accordance with law, offenders sentenced to imprisonment in the state prison.

      4.  Be responsible for the supervision, custody, treatment, care, security and discipline of all offenders under his or her jurisdiction.

      5.  Ensure that any person employed by the Department whose primary responsibilities are:

      (a) The supervision, custody, security, discipline, safety and transportation of an offender;

      (b) The security and safety of the staff; and

      (c) The security and safety of an institution or facility of the Department,

Ê is a correctional officer who has the powers of a peace officer pursuant to subsection 1 of NRS 289.220.

      6.  Establish regulations with the approval of the Board and enforce all laws governing the administration of the Department and the custody, care and training of offenders.

      7.  Take proper measures to protect the health and safety of the staff and offenders in the institutions and facilities of the Department.

      8.  Take proper measures to protect the health and safety of persons employed by a school district to operate a program of education for incarcerated persons in an institution or facility pursuant to chapter 388H of NRS.

      9.  Cause to be placed from time to time in conspicuous places about each institution and facility copies of laws and regulations relating to visits and correspondence between offenders and others.

      10.  Provide for the holding of religious services in the institutions and facilities and make available to the offenders copies of appropriate religious materials.

      11.  Compile the last known residential address of each offender immediately before the offender was sentenced to imprisonment in a facility or institution of the Department.

      Sec. 7. Chapter 304 of NRS is hereby amended by adding thereto a new section to read as follows:

      The population counts for every block, block group and census tract as revised by the State Demographer pursuant to section 9 of this act must be used for the apportionment of congressional districts.

      Sec. 8. NRS 304.060 is hereby amended to read as follows:

      304.060  As used in NRS 304.060 to 304.120, inclusive, and section 7 of this act, unless the context otherwise requires:

      1.  “Block” means the smallest geographical unit whose boundaries were designated by the Bureau of the Census of the United States Department of Commerce in its topographically integrated geographic encoding and referencing system.

 


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      2.  “Block group” means a combination of blocks whose numbers begin with the same digit.

      3.  “Census tract” means a combination of block groups.

      4.  “Census voting district” means the voting district:

      (a) Based on the geographic and population databases compiled by the Bureau of the Census of the United States Department of Commerce as revised by the State Demographer pursuant to section 9 of this act and validated and incorporated into the geographic information system by the Legislative Counsel Bureau for use by the Nevada Legislature; and

      (b) Designated in the maps filed with the Office of the Secretary of State pursuant to subsection 3 of NRS 304.070.

      5.  “State Demographer” means the demographer employed by the Department of Taxation pursuant to NRS 360.283.

      Sec. 9. Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Upon the completion of the national decennial census conducted by the Bureau of the Census of the United States Department of Commerce, the State Demographer shall revise the population counts for every block, block group and census tract as set forth in the census to count every inmate who was a resident of the State before incarceration in the block, block group and census tract of which an inmate was a resident before his or her incarceration.

      2.  The Department of Corrections shall, upon request, provide to the State Demographer all available information requested by the State Demographer in carrying out the provisions of subsection 1.

      3.  As used in this section:

      (a) “Block” means the smallest geographical unit whose boundaries were designated by the Bureau of the Census of the United States Department of Commerce in its topographically integrated geographic encoding and referencing system.

      (b) “Block group” means a combination of blocks whose numbers begin with the same digit.

      (c) “Census tract” means a combination of block groups.

      (d) “Inmate” means a person who was determined to be incarcerated in a facility or institution of the Department of Corrections at the last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce.

      (e) “State Demographer” means the demographer employed by the Department of Taxation pursuant to NRS 360.283.

      Sec. 10. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:

      The population counts for every block, block group and census tract as revised by the State Demographer pursuant to section 9 of this act must be used for the apportionment of districts of the Board of Regents.

      Sec. 11. NRS 396.031 is hereby amended to read as follows:

      396.031  As used in NRS 396.031 to 396.046, inclusive, and section 10 of this act, unless the context otherwise requires:

      1.  “Block” means the smallest geographical unit whose boundaries were designated by the Bureau of the Census of the United States Department of Commerce in its topographically integrated geographic encoding and referencing system.

 


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      2.  “Block group” means a combination of blocks whose numbers begin with the same digit.

      3.  “Census tract” means a combination of block groups.

      4.  “State Demographer” means the demographer employed by the Department of Taxation pursuant to NRS 360.283.

      Sec. 12.  This act becomes effective on July 1, 2019.

________

CHAPTER 187, AB 453

Assembly Bill No. 453–Committee on Commerce and Labor

 

CHAPTER 187

 

[Approved: May 29, 2019]

 

AN ACT relating to professions; revising the membership of the Board of Psychological Examiners; providing that certain provisions governing persons licensed as psychologists also apply to persons registered as psychological assistants, psychological interns and psychological trainees; revising the requirements for licensure by endorsement to practice as a psychologist; revising the requirements for an application for the initial registration as a psychological assistant, psychological intern or psychological trainee to be considered complete and received; revising provisions relating to the amount of fees that the Board charges and collects; revising provisions relating to service of process; revising provisions governing investigations of complaints filed with the Board; providing that certain out-of-state orders are conclusive evidence of the occurrence of other disciplinary actions; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Board of Psychological Examiners and provides that the Board consists of six members who are appointed by the Governor. (NRS 641.030) Existing law provides the specific qualifications that the members of the Board must satisfy. (NRS 641.040) Section 1 of this bill provides that the Board consists of seven members. Section 1.3 of this bill requires the additional member to be a licensed psychologist who: (1) has at least 5 years of experience; and (2) is a core faculty member at certain doctorate-level programs or internship locations. Section 1.3 further provides that if such a licensed psychologist is not available, then the additional member must be a licensed psychologist with at least 5 years of experience in the practice of psychology.

      Existing law requires the Secretary-Treasurer of the Board of Psychological Examiners to make and keep, on behalf of the Board, a register of licenses to practice psychology and a register of all holders of such licenses. (NRS 641.090) Existing law authorizes the Board to enter into an agreement with the Department of Health and Human Services or a division thereof for certain types of administrative assistance, including assistance in processing applications for the issuance or renewal of licenses to practice psychology. (NRS 641.1105) Existing law requires the Board to submit to the Legislative Committee on Health Care a report which includes the number of applications for the issuance or renewal of a license to practice psychology. (NRS 641.145) Sections 1.7-3 of this bill provide that these provisions also apply to persons who are registered as psychological assistants, psychological interns or psychological trainees.

 


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      Existing law provides the grounds for the Board to commence disciplinary actions against a person who is licensed to practice psychology. Existing law further establishes the procedure used by the Board for pursuing disciplining actions against a person who is licensed to practice psychology. (NRS 641.230-641.320) Existing law sets forth the appeals process that a person may pursue if the person is aggrieved by: (1) the Board’s denial of an application of a license to practice psychology; or (2) the issuance of an order by the Board that imposes disciplinary action against the person. (NRS 641.325) Existing law further provides the types of actions that are prohibited. Existing law provides that a person who commits such a prohibited act is guilty of a gross misdemeanor. (NRS 641.440) Sections 5-9 and 11-23 of this bill provide that these provisions also apply to persons who are registered as psychological assistants, psychological interns or psychological trainees.

      Existing law provides the requirements that a person must satisfy to be issued a license by endorsement to practice as a psychologist by the Board. (NRS 641.195) Section 3.5 of this bill imposes additional requirements that an applicant for a license by endorsement to practice as a psychologist must satisfy.

      Existing law provides that the application for initial registration as a psychological assistant, psychological intern or psychological trainee is not considered complete and received until the Board receives a complete set of fingerprints or verification that the fingerprints of the applicant have been forwarded to the Central Repository for Nevada Records of Criminal History. (NRS 641.226) Section 4 of this bill provides that the application for initial registration as a psychological assistant, psychological intern or psychological trainee is not considered complete and received until the Board also receives the fee for the initial registration of a psychological assistant, psychological intern or psychological trainee prescribed by the Board.

      Existing law requires the Board to charge and collect certain fees for certain examinations, issuances of licenses and other purposes. (NRS 641.228) Section 4.5 of this bill establishes a fee for the issuance of an initial expedited license by endorsement to practice as a psychologist. Section 4.5 further requires the Board to charge and collect the fee for certain licenses by endorsement and to also charge and collect the biennial fee for the renewal of a license, which must be prorated. Section 4.5 additionally increases the fee amounts for the biennial renewal of a license of a psychologist and the fee amounts relating to the restoration of a license.

      Existing law sets forth the requirements for service of process pursuant to Chapter 641 of NRS. (NRS 641.243) Section 7 of this bill provides that service of process must be made by: (1) personal delivery of a copy of the process upon the person; or (2) sending a copy of the process by certified mail to the person at his or her last known address. Section 7 additionally provides when service of process is deemed to be complete.

      Existing law provides the process through which a person may file a complaint against a person who practices psychology. (NRS 641.250) When a complaint is filed with the Board, existing law requires the Board to review the complaint. If it appears that the complaint is not frivolous, the Board may: (1) retain the Attorney General to investigate the complaint; and (2) if the Board retains the Attorney General, transmit the original complaint and supporting documents to the Attorney General. (NRS 641.270) Section 10 of this bill requires, when a complaint is filed with the Board, the Board or an investigator designated by the Board to review the complaint. Section 10 also requires the Board, through the President of the Board and the investigator designated by the Board, to investigate the complaint if the Board or the investigator designed by the Board determines that the complaint is not frivolous.

      Existing law requires the Board to conduct an investigation of each complaint which sets forth reason to believe that a person represented or practiced as a psychologist without a license. If, after conducting such an investigation, the Board determines that such representation or practice has occurred, the Board shall provide a written summary of the Board’s determination and supporting documents to the Attorney General. (NRS 641.2705) Section 11 of this bill removes this requirement to provide a written summary to the Attorney General and instead requires the Board to forward to the appropriate law enforcement agency any substantiated information regarding a person who practices or offers to practice as a psychologist or psychological assistant, psychological intern or psychological trainee without a license or registration, unless the Board determines extenuating circumstances exist.

 


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to forward to the appropriate law enforcement agency any substantiated information regarding a person who practices or offers to practice as a psychologist or psychological assistant, psychological intern or psychological trainee without a license or registration, unless the Board determines extenuating circumstances exist.

      Existing law provides the process through which the Attorney General is to conduct an investigation of a complaint that the Board has transmitted to the Attorney General. (NRS 641.271) Section 24 of this bill repeals this provision.

      Existing law provides that, in a disciplinary proceeding before the Board, a panel of its members or a hearing officer, a certified copy of the record of a licensing agency showing a conviction or the suspension or revocation of a license to practice psychology is conclusive evidence of its occurrence. (NRS 641.285) In addition to such certified copies of the record, section 15 of this bill provides that, in such a disciplinary proceeding, an order containing any other disciplinary action entered by a court in the District of Columbia or any state or territory of the United States is also conclusive evidence of its occurrence.

 

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 641.030 is hereby amended to read as follows:

      641.030  The Board of Psychological Examiners, consisting of [six] seven members appointed by the Governor, is hereby created.

      Sec. 1.3. NRS 641.040 is hereby amended to read as follows:

      641.040  1.  The Governor shall appoint to the Board:

      (a) Four members who are licensed psychologists in the State of Nevada with at least 5 years of experience in the practice of psychology after being licensed.

      (b) One member who has resided in this State for at least 5 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care.

      (c) One member who is a licensed psychologist in the State of Nevada with at least 5 years of experience in the practice of psychology after being licensed and who is a core faculty member at a doctorate-level program or internship location that is accredited by the American Psychological Association for at least 3 years before the time of appointment. If such a licensed psychologist is not available to serve, the Governor shall appoint one member who meets the requirements set forth in paragraph (a).

      (d) One member who is a representative of the general public.

      2.  A person is not eligible for appointment unless he or she is:

      (a) A citizen of the United States; and

      (b) A resident of the State of Nevada.

      3.  The member who is a representative of the general public must not be a psychologist, an applicant or a former applicant for licensure as a psychologist, a member of a health profession, the spouse or the parent or child, by blood, marriage or adoption, of a psychologist, or a member of a household that includes a psychologist.

      4.  Board members must not have any conflicts of interest or the appearance of such conflicts in the performance of their duties as members of the Board.

      Sec. 1.7. NRS 641.090 is hereby amended to read as follows:

      641.090  1.  The Secretary-Treasurer shall make and keep on behalf of the Board:

 


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      (a) A record of all its meetings and proceedings.

      (b) A record of all violations and prosecutions under the provisions of this chapter.

      (c) A record of all examinations of applicants.

      (d) A register of all licenses [.] and registrations.

      (e) A register of all holders of licenses [.] and registrations.

      (f) An inventory of the property of the Board and of the State in the Board’s possession.

      2.  These records must be kept in the office of the Board and, except as otherwise provided in this section, are subject to public inspection during normal working hours upon reasonable notice.

      3.  Except as otherwise provided in NRS 239.0115, the Board may keep the personnel records of applicants confidential.

      4.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      5.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Board when determining whether to impose discipline are public records.

      6.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 2. NRS 641.1105 is hereby amended to read as follows:

      641.1105  The Board may enter into an agreement with the Department of Health and Human Services or a division thereof to provide services to carry out or improve any function of the Board. Such services may include, without limitation:

      1.  Assistance in processing applications for the issuance or renewal of licenses [;] and registrations;

      2.  Technical assistance;

      3.  Facilitating cooperation with other boards and licensing entities in this State or any other jurisdiction;

      4.  Recommendations to improve and standardize procedures used by the Board; and

      5.  Assistance in identifying resources for improving the operations of the Board.

      Sec. 3. NRS 641.145 is hereby amended to read as follows:

      641.145  On or before February 1 of each year, the Board shall submit to the Legislative Committee on Health Care a report which must include:

      1.  The number of complaints received, investigations completed, cases dismissed, cases settled and cases for which hearings were held within the immediately preceding calendar year; and

      2.  The number of applications for the issuance or renewal of a license or registration received by the Board during the immediately preceding calendar year and the number of those applications for which the Board conducted additional review beyond the standard review regularly conducted by the Board.

 


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calendar year and the number of those applications for which the Board conducted additional review beyond the standard review regularly conducted by the Board.

      Sec. 3.5. NRS 641.195 is hereby amended to read as follows:

      641.195  1.  The Board may issue a license by endorsement as a psychologist to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant [holds] :

      (a) Holds a corresponding valid , active and unrestricted license as a psychologist in the District of Columbia or any state or territory of the United States [.] ;

      (b) Possesses qualifications that are substantially similar to the qualifications required for issuance of a license to practice psychology pursuant to this chapter, as determined by the Board pursuant to subsection 2; and

      (c) Satisfies the requirements of this section and this chapter.

      2.  The Board shall adopt regulations providing a list of any state or territory of the United States and the District of Columbia, if applicable, whose qualifications are substantially similar to the qualifications required for issuance of a license to practice psychology pursuant to this chapter. If the Board determines that the qualifications of any state or territory of the United States and the District of Columbia, if applicable, are not substantially similar, the Board shall:

      (a) Provide its reasoning as to why the jurisdiction is not substantially similar; and

      (b) Publish its reasoning on the Internet website maintained by the Board.

      3.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license as a psychologist; [and]

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

             (5) Has not had a license to engage in the practice of psychology suspended or revoked in the District of Columbia or any state or territory of the United States;

             (6) Has not been refused a license to engage in the practice of psychology in the District of Columbia or any state or territory of the United States for any reason; and

             (7) Does not have pending any disciplinary action concerning his or her license to engage in the practice of psychology in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641.160; and

      (c) [An affidavit stating that the information contained in the application and any accompanying material is true and correct;

 


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      (d)] The fee prescribed by the Board pursuant to NRS 641.228 for the issuance of an initial license . [; and]

      4.  The Board may require an applicant for a license by endorsement pursuant to this section to submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Has achieved a passing score on a nationally recognized, nationally accredited or nationally certified examination approved by the Board;

             (2) Has satisfied the requirements of paragraph (d) of subsection 1 of NRS 641.170;

             (3) Has engaged in the practice of psychology pursuant to the applicant’s existing licensure for at least 3 years; and

             (4) Possesses a sufficient degree of competency in the practice of psychology, as demonstrated by his or her completion of an examination administered by the Board;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and complete; and

      [(e)] (c) Any other information required by the Board.

      [3.]5.  Not later than 15 business days after receiving an application for a license by endorsement as a psychologist pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as a psychologist to the applicant not later than:

      (a) Forty-five days after receiving the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      [4.]6.  A license by endorsement as a psychologist may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      7.  The Board may deny an application for licensure by endorsement if:

      (a) An applicant willfully fails to comply with the provisions of paragraph (b) of subsection 3; or

      (b) The report from the Federal Bureau of Investigation indicates that the applicant has been convicted of a crime that would be grounds for taking disciplinary action against the applicant as a licensee and the Board has not previously taken disciplinary action against the licensee based on that conviction.

      Sec. 4. NRS 641.226 is hereby amended to read as follows:

      641.226  1.  A person who wishes to obtain any postdoctoral supervised experience that is required for licensure as a psychologist pursuant to paragraph (e) of subsection 1 of NRS 641.170 must register with the Board as a psychological assistant.

      2.  A person who:

      (a) Is in a doctoral training program in psychology at an accredited educational institution approved by the Board or in doctorate-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training; and

      (b) Wishes to engage in a predoctoral internship pursuant to the requirements of the training program,

Ê may register with the Board as a psychological intern.

 


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      3.  A person who:

      (a) Is in a doctoral training program in psychology at an accredited educational institution approved by the Board or in doctorate-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training; and

      (b) Wishes to perform professional activities or services under the supervision of a psychologist,

Ê may register with the Board as a psychological trainee.

      4.  A person desiring to register as a psychological assistant, psychological intern or psychological trainee must:

      (a) Make application to the Board on a form, and in a manner, prescribed by the Board. The application must be accompanied by the application fee prescribed by the Board and include all information required to complete the application.

      (b) As part of the application and at his or her own expense:

             (1) Arrange to have a complete set of fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Board; and

             (2) Submit to the Board:

                   (I) A complete set of fingerprints, a fee for the processing of fingerprints established by the Board 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 a report on the applicant’s background, and to such other law enforcement agencies as the Board deems necessary for a report on the applicant’s background; or

                   (II) Written verification, on a form prescribed by the Board, stating that the set of fingerprints of the applicant was taken and directly forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History and that the applicant provided written permission authorizing the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the Board deems necessary for a report on the applicant’s background.

      5.  The Board may:

      (a) Unless the applicant’s fingerprints are directly forwarded pursuant to sub-subparagraph (II) of subparagraph (2) of paragraph (b) of subsection 4, submit those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Board deems necessary; and

      (b) Request from each agency to which the Board submits the fingerprints any information regarding the applicant’s background as the Board deems necessary.

      6.  An application for initial registration as a psychological assistant, psychological intern or psychological trainee is not considered complete and received until the Board receives [a] :

      (a) A complete set of fingerprints or verification that the fingerprints have been forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History, and written authorization from the applicant pursuant to this section [.] ; and

 


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      (b) The fee for the initial registration of a psychological assistant, psychological intern or psychological trainee that is prescribed by the Board pursuant to NRS 641.228.

      7.  A registration as a:

      (a) Psychological assistant expires 1 year after the date of registration unless the registration is renewed pursuant to subsection 8. A registration as a psychological assistant may not be renewed if the renewal would cause the psychological assistant to be registered as a psychological assistant for more than 3 years unless otherwise approved by the Board.

      (b) Psychological intern expires 2 years after the date of registration and may not be renewed unless otherwise approved by the Board.

      (c) Psychological trainee expires 2 years after the date of registration unless the registration is renewed pursuant to subsection 8. A registration as a psychological trainee may not be renewed if the renewal would cause the psychological trainee to be registered as a psychological trainee for more than 5 years unless otherwise approved by the Board.

      8.  To renew a registration as a psychological assistant, psychological intern or psychological trainee, the registrant must, on or before the expiration of the registration:

      (a) Apply to the Board for renewal;

      (b) Pay the fee prescribed by the Board pursuant to NRS 641.228 for the renewal of a registration as a psychological assistant, psychological intern or psychological trainee; and

      (c) Submit all information required to complete the renewal.

      9.  Any activity or service performed by a psychological assistant, psychological intern or psychological trainee must be performed under the supervision of a psychologist in accordance with regulations adopted by the Board.

      Sec. 4.5. NRS 641.228 is hereby amended to read as follows:

      641.228  1.  The Board shall charge and collect not more than the following fees respectively:

 

For the national examination, in addition to the actual cost to the Board of the examination      $100

For any other examination required pursuant to the provisions of subsection 1 of NRS 641.180, in addition to the actual costs to the Board of the examination.................................. 100

For the issuance of an initial license [, including a license by endorsement] 25

For the issuance of an initial license by endorsement..................... 125

For the biennial renewal of a license of a psychologist............ [500] 850

For the restoration of a license suspended for the nonpayment of the biennial fee for the renewal of a license..................................................................................................... [100] 200

For the restoration of a license suspended for the nonsubmission of evidence to the Board of completion of the requirements for continuing education as required for the renewal of the license      200

 


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For the registration of a firm, partnership or corporation which engages in or offers to engage in the practice of psychology........................................................................................ $300

For the registration of a nonresident to practice as a consultant...... 100

For the initial registration of a psychological assistant, psychological intern or psychological trainee      250

For the renewal of a registration of a psychological assistant, psychological intern or psychological trainee 150

 

      2.  An applicant who passes the national examination and any other examination required pursuant to the provisions of subsection 1 of NRS 641.180 and who is eligible for a license as a psychologist shall pay the biennial fee for the renewal of a license, which must be prorated for the period from the date the license is issued to the end of the biennium.

      3.  Except as otherwise provided in subsections 4 and 5 and NRS 641.195, in addition to the fees set forth in subsection 1, the Board may charge and collect a fee for the expedited processing of a request or for any other incidental service it provides. The fee must not exceed the cost to provide the service.

      4.  If an applicant submits an application for a license by endorsement pursuant to NRS 641.195, the Board shall charge and collect [not] :

      (a) Not more than the fee specified in subsection 1 for the issuance of an initial license [.] by endorsement; and

      (b) The biennial fee for the renewal of a license, which must be prorated for the period from the date the license is issued to the end of the biennium.

      5.  If an applicant submits an application for a license by endorsement pursuant to NRS 641.196, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license [.] by endorsement.

      6.  If an applicant submits an application for initial registration as a psychological assistant, psychological intern or psychological trainee pursuant to NRS 641.226 and the applicant has previously been registered as a psychological assistant, psychological intern or psychological trainee, the Board must waive the fee set forth in subsection 1 for the initial registration.

      Sec. 5. NRS 641.230 is hereby amended to read as follows:

      641.230  1.  The Board may suspend or revoke a person’s license as a psychologist [,] or registration as a psychological assistant, psychological intern or psychological trainee, place the person on probation, require remediation for the person or take any other action specified by regulation if the Board finds by a preponderance of the evidence that the person has:

      (a) Been convicted of a felony relating to the practice of psychology [.] or to practicing as a psychological assistant, psychological intern or psychological trainee;

      (b) Been convicted of any crime or offense that reflects the inability of the person to practice psychology or to practice as a psychological assistant, psychological intern or psychological trainee with due regard for the health and safety of others.

 


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      (c) Been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      (d) Engaged in gross malpractice or repeated malpractice or gross negligence in the practice of psychology [.] or the practice as a psychological assistant, psychological intern or psychological trainee;

      (e) Aided or abetted the practice of psychology or the practice as a psychological assistant, psychological intern or psychological trainee by a person not licensed or registered by the Board.

      (f) Made any fraudulent or untrue statement to the Board.

      (g) Violated a regulation adopted by the Board.

      (h) Had a license to practice psychology or registration to practice as a psychological assistant, psychological intern or psychological trainee suspended or revoked or has had any other disciplinary action taken against the person by another state or territory of the United States, the District of Columbia or a foreign country, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.

      (i) Failed to report to the Board within 30 days the revocation, suspension or surrender of, or any other disciplinary action taken against, a license or certificate to practice psychology or registration to practice as a psychological assistant, psychological intern or psychological trainee issued to the person by another state or territory of the United States, the District of Columbia or a foreign country.

      (j) Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate a provision of this chapter.

      (k) Performed or attempted to perform any professional service while impaired by alcohol, drugs or by a mental or physical illness, disorder or disease.

      (l) Engaged in sexual activity with a patient or client.

      (m) Been convicted of abuse or fraud in connection with any state or federal program which provides medical assistance.

      (n) Been convicted of submitting a false claim for payment to the insurer of a patient or client.

      (o) Operated a medical facility, as defined in NRS 449.0151, at any time during which:

             (1) The license of the facility was suspended or revoked; or

             (2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This paragraph applies to an owner or other principal responsible for the operation of the facility.

      2.  As used in this section, “preponderance of the evidence” has the meaning ascribed to it in NRS 233B.0375.

      Sec. 6. NRS 641.240 is hereby amended to read as follows:

      641.240  1.  If the Board, a panel of its members or a hearing officer appointed by the Board finds a person guilty in a disciplinary proceeding, it may:

      (a) Administer a public reprimand.

      (b) Limit the person’s practice.

      (c) Suspend the person’s license or registration for a period of not more than 1 year.

      (d) Revoke the person’s license [.] or registration.

      (e) Impose a fine of not more than $5,000.

 


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      (f) Revoke or suspend the person’s license or registration and impose a monetary penalty.

      (g) Suspend the enforcement of any penalty by placing the person on probation. The Board may revoke the probation if the person does not follow any conditions imposed.

      (h) Require the person to submit to the supervision of or counseling or treatment by a person designated by the Board. The person named in the complaint is responsible for any expense incurred.

      (i) Impose and modify any conditions of probation for the protection of the public or the rehabilitation of the probationer.

      (j) Require the person to pay for the costs of remediation or restitution.

      2.  The Board shall not administer a private reprimand.

      3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 7. NRS 641.243 is hereby amended to read as follows:

      641.243  Except as otherwise provided in chapter 622A of NRS:

      1.  Service of process made under this chapter must be [either] made by:

      (a) Personal delivery of a copy of the process upon the person ; or [by registered or]

      (b) Sending a copy of the process by certified mail [with return receipt requested, addressed to the psychologist] to the person at his or her last known address, as indicated on the records of the Board . [, if possible. If personal service cannot be made and if notice by mail is returned undelivered, the Board shall cause notice of hearing to be published once a week for 4 consecutive weeks in a newspaper published in the county of the psychologist’s last known address or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.]

      2.  [Proof of service] Service of process [or publication of notice] made under this chapter [must] shall be [filed with the Board and must be recorded in the minutes of the Board.] deemed to be complete:

      (a) If a copy of the process is personally delivered pursuant to paragraph (a) of subsection 1, on the date on which the copy of the process is personally delivered; or

      (b) If a copy of the process is mailed pursuant to paragraph (b) of subsection 1, on the date on which the copy of the process is mailed.

      Sec. 8. NRS 641.245 is hereby amended to read as follows:

      641.245  1.  The Board, any member thereof, a panel of its members or a hearing officer may issue subpoenas to compel the attendance of witnesses and the production of books, papers, documents, the records of patients, and any other article related to the practice of psychology [.] or to the practice as a psychological assistant, psychological intern or psychological trainee.

      2.  If any witness refuses to attend or testify or produce any article as required by the subpoena, the Board may file a petition with the district court stating that:

      (a) Due notice has been given for the time and place of attendance of the witness or the production of the required articles;

      (b) The witness has been subpoenaed pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the articles required by the subpoena or has refused to answer questions propounded to him or her,

 


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Ê and asking for an order of the court compelling the witness to attend and testify before the Board, a panel of its members or a hearing officer, or produce the articles as required by the subpoena.

      3.  Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not attended or testified or produced the articles. A certified copy of the order must be served upon the witness.

      4.  If it appears to the court that the subpoena was regularly issued, the court shall enter an order that the witness appear before the Board, a panel of its members or a hearing officer at the time and place fixed in the order and testify or produce the required articles, and upon failure to obey the order the witness must be dealt with as for contempt of court.

      Sec. 9. NRS 641.250 is hereby amended to read as follows:

      641.250  1.  The Board or any of its members, any review panel of a hospital or an association of psychologists which becomes aware that any one or combination of the grounds for initiating disciplinary action may exist as to a person practicing psychology or practicing as a psychological assistant, psychological intern or psychological trainee in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Board.

      2.  The Board shall retain all complaints filed with the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

      Sec. 10. NRS 641.270 is hereby amended to read as follows:

      641.270  When a complaint is filed with the Board, [it] the Board or an investigator designated by the Board shall review the complaint. If, [from the complaint or from other official records, it appears] upon completing the review of the complaint, the Board or the investigator designated by the Board determines that the complaint is not frivolous, the Board [may:

      1.  Retain the Attorney General to investigate the complaint; and

      2.  If the Board retains the Attorney General, transmit the original complaint, along with further facts or information derived from the review, to the Attorney General.] , through the President of the Board and the investigator designated by the Board, shall investigate the complaint.

      Sec. 11. NRS 641.2705 is hereby amended to read as follows:

      641.2705  1.  The Board , through the President of the Board and the investigator designated by the Board, shall conduct an investigation of each complaint filed pursuant to NRS 641.250 which sets forth reason to believe that a person has violated NRS 641.390.

      2.  If, after an investigation, the Board determines that a person has violated NRS 641.390, the Board:

      (a) May issue and serve on the person an order to cease and desist from engaging in any activity prohibited by NRS 641.390 until the person obtains the proper license or registration from the Board;

      (b) May issue a citation to the person; and

      (c) [Shall provide a written summary of the Board’s determination and any information relating to the violation to the Attorney General.] Unless the Board determines that extenuating circumstances exist, shall forward to the appropriate law enforcement agency any substantiated information that has been submitted to the Board regarding a person who practices or offers to practice:

 


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             (1) Psychology in this State without the proper license issued by the Board pursuant to this chapter; or

             (2) As a psychological assistant, psychological intern or psychological trainee in this State without the proper registration issued by the Board pursuant to this chapter.

      3.  A citation issued pursuant to subsection 2 must be in writing and describe with particularity the nature of the violation. The citation also must inform the person of the provisions of subsection 5. Each violation of NRS 641.390 constitutes a separate offense for which a separate citation may be issued.

      4.  For any person who violates the provisions of NRS 641.390, the Board shall assess an administrative fine of:

      (a) For a first violation, $500.

      (b) For a second violation, $1,000.

      (c) For a third or subsequent violation, $1,500.

      5.  To appeal a citation issued pursuant to subsection 2, a person must submit a written request for a hearing to the Board within 30 days after the date of issuance of the citation.

      Sec. 12. NRS 641.272 is hereby amended to read as follows:

      641.272  1.  Notwithstanding the provisions of chapter 622A of NRS, the Board may require the person named in a complaint to submit to a mental examination conducted by a panel of three psychologists designated by the Board or a physical examination conducted by a physician designated by the Board.

      2.  Every psychologist licensed under this chapter and every psychological assistant, psychological intern or psychological trainee registered under this chapter who accepts the privilege of practicing psychology or practicing as a psychological assistant, psychological intern or psychological trainee in this State shall be deemed to have given consent to submit to a mental or physical examination when directed to do so in writing by the Board. The testimony or reports of the examining psychologists or physician are privileged communications, except as to proceedings conducted pursuant to this chapter.

      3.  Except in extraordinary circumstances, as determined by the Board, the failure of a psychologist , psychological assistant, psychological intern or psychological trainee to submit to an examination as provided in this section constitutes grounds for the immediate suspension of the psychologist’s license [.] or the psychological assistant’s, psychological intern’s or psychological trainee’s registration.

      Sec. 13. NRS 641.273 is hereby amended to read as follows:

      641.273  Notwithstanding the provisions of chapter 622A of NRS, if the Board has reason to believe that the conduct of any psychologist , psychological assistant, psychological intern or psychological trainee has raised a reasonable question as to competence to practice psychology or to practice as a psychological assistant, psychological intern or psychological trainee with reasonable skill and safety to patients, the Board may require the psychologist , psychological assistant, psychological intern or psychological trainee to take a written or oral examination to determine whether the psychologist , psychological assistant, psychological intern or psychological trainee is competent to practice psychology [.] or to practice as a psychological assistant, psychological intern or psychological trainee. If an examination is required, the reasons therefor must be documented and made available to the psychologist , psychological assistant, psychological intern or psychological trainee being examined.

 


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made available to the psychologist , psychological assistant, psychological intern or psychological trainee being examined.

      Sec. 14. NRS 641.274 is hereby amended to read as follows:

      641.274  Notwithstanding the provisions of chapter 622A of NRS, if the Board, a panel of its members or a hearing officer issues an order suspending the license of a psychologist or the registration of a psychological assistant, psychological intern or psychological trainee pending proceedings for disciplinary action and requires the psychologist , psychological assistant, psychological intern or psychological trainee to submit to a mental or physical examination or an examination of his or her competency to practice psychology [,] or to practice as a psychological assistant, psychological intern or psychological trainee, the examination must be conducted and the results obtained within 60 days after the Board, panel of its members or hearing officer issues the order.

      Sec. 15. NRS 641.285 is hereby amended to read as follows:

      641.285  Notwithstanding the provisions of chapter 622A of NRS, in any disciplinary proceeding before the Board, a panel of its members or a hearing officer:

      1.  Proof of actual injury need not be established where the complaint charges deceptive or unethical professional conduct , [or] practice of psychology , or practice as a psychological assistant, psychological intern or psychological trainee harmful to the public.

      2.  A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license to practice psychology or registration to practice as a psychological assistant, psychological intern or psychological trainee or an order containing any other disciplinary action entered by a court in the District of Columbia or any state or territory of the United States is conclusive evidence of its occurrence.

      3.  The entering of a plea of nolo contendere in a court of competent jurisdiction shall be deemed a conviction of the offense charged.

      Sec. 16. NRS 641.312 is hereby amended to read as follows:

      641.312  1.  Any person who has been placed on probation or whose license or registration has been limited, suspended or revoked, and whose appeal pursuant to NRS 641.325 has been denied, is entitled to judicial review of the order.

      2.  Every order which limits the practice of psychology or the practice as a psychological assistant, psychological intern or psychological trainee or suspends or revokes a license or registration is effective from the date the Board certifies the order until the date the order is modified or reversed by an order of the Commission on Behavioral Health pursuant to NRS 641.325 or a final judgment of the court.

      3.  The district court shall give a petition for judicial review of the order priority over other civil matters which are not expressly given priority by law.

      Sec. 17. NRS 641.314 is hereby amended to read as follows:

      641.314  Notwithstanding the provisions of chapter 622A of NRS:

      1.  Pending disciplinary proceedings before the Board, a panel of its members or a hearing officer, the court may, upon application by the Board or the Attorney General, issue a temporary restraining order or a preliminary injunction to enjoin any unprofessional conduct of a psychologist , psychological assistant, psychological intern or psychological trainee which is harmful to the public, to limit the psychologist’s , psychological assistant’s, psychological intern’s or psychological trainee’s practice or to suspend the license to practice psychology [,] or registration to practice as a psychological assistant, psychological intern or psychological trainee, without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

 


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ê2019 Statutes of Nevada, Page 1002 (CHAPTER 187, AB 453)ê

 

suspend the license to practice psychology [,] or registration to practice as a psychological assistant, psychological intern or psychological trainee, without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

      2.  The disciplinary proceedings before the Board, a panel of its members or a hearing officer must be instituted and determined as promptly as the requirements for investigation of the case reasonably allow.

      Sec. 18. NRS 641.316 is hereby amended to read as follows:

      641.316  1.  The Board through its President or Secretary-Treasurer or the Attorney General may maintain in any court of competent jurisdiction a suit for an injunction against any person practicing [psychology] :

      (a) Psychology without a license or authorization to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in NRS 641.227 [.] ; or

      (b) As a psychological assistant, psychological intern or psychological trainee without a registration.

      2.  Such an injunction:

      (a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

      (b) Does not relieve any person from criminal prosecution for practicing without a license [.] or registration.

      Sec. 19. NRS 641.318 is hereby amended to read as follows:

      641.318  In addition to any other immunity provided by the provisions of chapter 622A of NRS, the Board, a review panel of a hospital, an association of psychologists or any other person who or organization which initiates a complaint or assists in any lawful investigation or proceeding concerning the licensing of a psychologist or the registering of a psychological assistant, psychological intern or psychological trainee or the discipline of a psychologist , psychological assistant, psychological intern or psychological trainee for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.

      Sec. 20. NRS 641.320 is hereby amended to read as follows:

      641.320  1.  Any person:

      (a) Whose practice of psychology or practice as a psychological assistant, psychological intern or psychological trainee has been limited;

      (b) Whose license or registration has been revoked; or

      (c) Who has been placed on probation,

Ê by an order of the Board, a panel of its members or a hearing officer may apply to the Board after 1 year for removal of the limitation or termination of the probation or may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of the revoked license [.] or registration.

      2.  In hearing the application, the Board:

      (a) May require the person to submit to a mental or physical examination conducted by psychologists or by physicians whom it designates and submit such other evidence of changed conditions and of fitness as it considers proper.

      (b) Shall determine whether under all the circumstances the time of the application is reasonable.

      (c) May deny the application or modify or rescind its order as it considers the evidence and the public safety warrants.

 


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      Sec. 21. NRS 641.325 is hereby amended to read as follows:

      641.325  1.  Not later than 30 days after the Board denies an application for the issuance or renewal of a license or registration or issues an order imposing disciplinary action against a licensee [,] or registrant, the applicant , [or] licensee or registrant aggrieved by the order may submit an appeal to the Commission on Behavioral Health. The Commission shall notify the Board not later than 10 days after receiving such an appeal.

      2.  The Commission shall, upon an appeal submitted pursuant to subsection 1, investigate the refusal of the Board to issue or renew a license or registration or any disciplinary action imposed by the Board. The action of the Board remains in effect until the Commission renders a decision pursuant to subsection 3.

      3.  After conducting an investigation pursuant to subsection 2, the Commission shall render a decision on the appeal. In rendering a decision, the Commission shall presume that the action of the Board was proper and shall not substitute its judgment for that of the Board concerning the weight of evidence on a question of fact. The Commission may order the Board to issue or renew the license or registration or modify or set aside the disciplinary action, as applicable, only if the Commission finds that the action of the Board:

      (a) Violates constitutional or statutory provisions;

      (b) Exceeds the statutory authority of the agency;

      (c) Was made upon unlawful procedure;

      (d) Is affected by other error of law;

      (e) Is clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

      (f) Is arbitrary or capricious or characterized by abuse of discretion.

      4.  An investigation conducted by the Commission pursuant to the provisions of this section is limited to the application for the issuance or renewal of a license or registration and any information submitted in conjunction with the application or the record of the disciplinary proceeding created by the Board, as applicable. The Board shall provide those records to the Commission upon request. Unless the information is deemed a public record under the provisions of NRS 641.090 or 641.240 or other applicable law, the Commission shall keep the information confidential.

      Sec. 22. NRS 641.390 is hereby amended to read as follows:

      641.390  1.  Except as authorized by the Psychology Interjurisdictional Compact enacted in NRS 641.227, a person shall not represent himself or herself as a psychologist within the meaning of this chapter or engage in the practice of psychology unless he or she is licensed under the provisions of this chapter, except that any psychological scientist employed by an accredited educational institution or public agency which has set explicit standards may represent himself or herself by the title conferred upon him or her by such institution or agency.

      2.  This section does not grant approval for any person to offer services as a psychologist to any other person as a consultant, and to accept remuneration for such psychological services, other than that of an institutional salary, unless the psychologist has been licensed under the provisions of this chapter.

      3.  This chapter does not prevent the teaching of psychology or psychological research, unless the teaching or research involves the delivery or supervision of direct psychological services to a person. Persons who have earned a doctoral degree in psychology from an accredited educational institution may use the title “psychologist” in conjunction with the activities permitted by this subsection.

 


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earned a doctoral degree in psychology from an accredited educational institution may use the title “psychologist” in conjunction with the activities permitted by this subsection.

      4.  A graduate student in psychology whose activities are part of the course of study for a graduate degree in psychology at an accredited educational institution or a person pursuing postdoctoral training or experience in psychology to fulfill the requirements for licensure under the provisions of this chapter may use the terms “psychological trainee,” “psychological intern ” [,” “psychological resident”] or “psychological assistant” if the activities are performed under the supervision of a licensed psychologist in accordance with the regulations adopted by the Board.

      5.  A person who is certified as a school psychologist by the State Board of Education may use the title “school psychologist” or “certified school psychologist” in connection with activities relating to school psychologists.

      Sec. 23. NRS 641.440 is hereby amended to read as follows:

      641.440  Any person who:

      1.  Presents as his or her own the diploma, license , registration or credentials of another;

      2.  Gives either false or forged evidence of any kind to the Board or any member thereof, in connection with an application for a license [;] or registration;

      3.  Practices psychology or practices as a psychological assistant, psychological intern or psychological trainee under a false or assumed name or falsely personates another psychologist , psychological assistant, psychological intern or psychological trainee of a like or different name;

      4.  Except as provided in NRS 641.390, 641.410 and 641A.410, represents himself or herself as a psychologist, or uses any title or description which incorporates the word “psychology,” “psychological,” “psychologist,” “psychometry,” “psychometrics,” “psychometrist” or any other term indicating or implying that he or she is a psychologist, unless he or she has been issued a license; [or]

      5.  Except as otherwise provided in NRS 641.390, represents himself or herself as a psychological assistant, psychological intern or psychological trainee, or uses any title or description which incorporates the words “psychological assistant,” “psychological intern” or “psychological trainee” or any other term indicating or implying that he or she is a psychological assistant, psychological intern or psychological trainee, unless he or she has been issued a registration;

      6.  Practices psychology unless he or she has been issued a license [,] ; or

      7.  Practices as a psychological assistant, psychological intern or psychological trainee unless he or she has been issued a registration,

Ê is guilty of a gross misdemeanor.

      Sec. 24.  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. 25. NRS 641.271 is hereby repealed.

      Sec. 26.  This act becomes effective on July 1, 2019.

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ê2019 Statutes of Nevada, Page 1005ê

 

CHAPTER 188, AB 472

Assembly Bill No. 472–Committee on Health and Human Services

 

CHAPTER 188

 

[Approved: May 29, 2019]

 

AN ACT relating to insurance; prohibiting an insurer from denying certain coverage for maternity care because the insured acts as a gestational carrier; deeming a child carried by a gestational carrier to be the child of the intended parent for certain purposes; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits an individual or group insurance plan from denying coverage or restricting benefits for any length of stay in a hospital in connection with childbirth to less than 48 hours after a vaginal delivery or 96 hours after a cesarean section, unless otherwise recommended by the American College of Obstetricians and Gynecologists or the American Academy of Pediatrics. (NRS 689A.0425, 689B.520, 689C.194) Sections 1, 3, 4, 6-9, 11 and 14 of this bill: (1) prohibit any insurer, excluding Medicaid and insurance provided by local governments for their employees, from denying, limiting or seeking reimbursement for maternity care because the insured acts as a gestational carrier; and (2) require a child carried by a gestational carrier to be deemed, for purposes relating to a policy of health insurance, to be the child of the person or persons who manifest the intent to be legally bound as the parent of the child. Sections 2, 5 and 10 of this bill make conforming changes.

 

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 689A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An insurer that offers or issues a policy of health insurance that includes coverage for maternity care shall not deny, limit or seek reimbursement for maternity care because the insured is acting as a gestational carrier.

      2.  If an insured acts as a gestational carrier, the child shall be deemed to be a child of the intended parent, as defined in NRS 126.590, for purposes related to the policy of health insurance.

      3.  As used in this section, “gestational carrier” has the meaning ascribed to it in NRS 126.580.

      Sec. 2. NRS 689A.330 is hereby amended to read as follows:

      689A.330  If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the Commissioner that the policy is not subject to approval or disapproval by that officer, the Commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 1 of this act.

 


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      Sec. 3. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An insurer that offers or issues a policy of group health insurance that includes coverage for maternity care shall not deny, limit or seek reimbursement for maternity care because the insured is acting as a gestational carrier.

      2.  If an insured acts as a gestational carrier, the child shall be deemed to be a child of the intended parent, as defined in NRS 126.590, for purposes related to the policy of group health insurance.

      3.  As used in this section, “gestational carrier” has the meaning ascribed to it in NRS 126.580.

      Sec. 4. Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A carrier that offers or issues a health benefit plan that includes coverage for maternity care shall not deny, limit or seek reimbursement for maternity care because the insured is acting as a gestational carrier.

      2.  If an insured acts as a gestational carrier, the child shall be deemed to be a child of the intended parent, as defined in NRS 126.590, for purposes related to the health benefit plan.

      3.  As used in this section, “gestational carrier” has the meaning ascribed to it in NRS 126.580.

      Sec. 5. NRS 689C.425 is hereby amended to read as follows:

      689C.425  A voluntary purchasing group and any contract issued to such a group pursuant to NRS 689C.360 to 689C.600, inclusive, are subject to the provisions of NRS 689C.015 to 689C.355, inclusive, and section 4 of this act to the extent applicable and not in conflict with the express provisions of NRS 687B.408 and 689C.360 to 689C.600, inclusive.

      Sec. 6. Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A society that offers or issues a benefit contract that includes coverage for maternity care shall not deny, limit or seek reimbursement for maternity care because the insured is acting as a gestational carrier.

      2.  If an insured acts as a gestational carrier, the child shall be deemed to be a child of the intended parent, as defined in NRS 126.590, for purposes related to the benefit contract.

      3.  As used in this section, “gestational carrier” has the meaning ascribed to it in NRS 126.580.

      Sec. 7. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An insurer that offers or issues a contract for hospital or medical services that includes coverage for maternity care shall not deny, limit or seek reimbursement for maternity care because the insured is acting as a gestational carrier.

      2.  If an insured acts as a gestational carrier, the child shall be deemed to be a child of the intended parent, as defined in NRS 126.590, for purposes related to the contract for hospital or medical services.

      3.  As used in this section, “gestational carrier” has the meaning ascribed to it in NRS 126.580.

 


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ê2019 Statutes of Nevada, Page 1007 (CHAPTER 188, AB 472)ê

 

      Sec. 8. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A health maintenance organization that offers or issues a health care plan that includes coverage for maternity care shall not deny, limit or seek reimbursement for maternity care because the enrollee is acting as a gestational carrier.

      2.  If an enrollee acts as a gestational carrier, the child shall be deemed to be a child of the intended parent, as defined in NRS 126.590, for purposes related to the health care plan.

      3.  As used in this section, “gestational carrier” has the meaning ascribed to it in NRS 126.580.

      Sec. 9. NRS 695C.050 is hereby amended to read as follows:

      695C.050  1.  Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.

      2.  Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.

      3.  Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.

      4.  The provisions of NRS 695C.110, 695C.125, 695C.1691, 695C.1693, 695C.170, 695C.1703, 695C.1705, 695C.1709 to 695C.173, inclusive, 695C.1733, 695C.17335, 695C.1734, 695C.1751, 695C.1755, 695C.176 to 695C.200, inclusive, and section 8 of this act and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

      5.  The provisions of NRS 695C.1694 to 695C.1698, inclusive, 695C.1708, 695C.1731, 695C.17345, 695C.1735, 695C.1745 and 695C.1757 apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.

      Sec. 10. NRS 695C.330 is hereby amended to read as follows:

      695C.330  1.  The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if the Commissioner finds that any of the following conditions exist:

      (a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;

 


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ê2019 Statutes of Nevada, Page 1008 (CHAPTER 188, AB 472)ê

 

      (b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.1691 to 695C.200, inclusive, and section 8 of this act or 695C.207;

      (c) The health care plan does not furnish comprehensive health care services as provided for in NRS 695C.060;

      (d) The Commissioner certifies that the health maintenance organization:

             (1) Does not meet the requirements of subsection 1 of NRS 695C.080; or

             (2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;

      (e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;

      (f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;

      (g) The health maintenance organization has failed to put into effect the system required by NRS 695C.260 for:

             (1) Resolving complaints in a manner reasonably to dispose of valid complaints; and

             (2) Conducting external reviews of adverse determinations that comply with the provisions of NRS 695G.241 to 695G.310, inclusive;

      (h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;

      (i) The continued operation of the health maintenance organization would be hazardous to its enrollees or creditors or to the general public;

      (j) The health maintenance organization fails to provide the coverage required by NRS 695C.1691; or

      (k) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.

      2.  A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.

      3.  If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.

      4.  If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The Commissioner may, by written order, permit such further operation of the organization as the Commissioner may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.

      Sec. 11. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A managed care organization that offers or issues a health care plan that includes coverage for maternity care shall not deny, limit or seek reimbursement for maternity care because the insured is acting as a gestational carrier.

 


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ê2019 Statutes of Nevada, Page 1009 (CHAPTER 188, AB 472)ê

 

deny, limit or seek reimbursement for maternity care because the insured is acting as a gestational carrier.

      2.  If an insured acts as a gestational carrier, the child shall be deemed to be a child of the intended parent, as defined in NRS 126.590, for purposes related to the health care plan.

      3.  As used in this section, “gestational carrier” has the meaning ascribed to it in NRS 126.580.

      Secs. 12-13. (Deleted by amendment.)

      Sec. 14. NRS 287.04335 is hereby amended to read as follows:

      287.04335  If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 687B.409, 689B.255, 695G.150, 695G.160, 695G.162, 695G.164, 695G.1645, 695G.1665, 695G.167, 695G.170 to 695G.173, inclusive, 695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to 695G.310, inclusive, and section 11 of this act and 695G.405, in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.

      Secs. 15-16. (Deleted by amendment.)

      Sec. 17.  This act becomes effective on January 1, 2020.

________

CHAPTER 189, AB 478

Assembly Bill No. 478–Assemblyman Frierson

 

CHAPTER 189

 

[Approved: May 29, 2019]

 

AN ACT relating to law enforcement; revising provisions governing the standards for programs of continuing education for peace officers; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Peace Officers’ Standards and Training Commission and requires the Commission to adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers. (NRS 289.500) The regulations of the Commission must establish, among other things, standards for programs of continuing education for peace officers, including minimum courses of study. (NRS 289.510) This bill requires the Commission to include in the regulations a requirement for all peace officers to annually complete not less than 12 hours of continuing education in courses that address: (1) racial profiling; (2) mental health; (3) officer well-being; (4) implicit bias recognition; (5) de-escalation; (6) human trafficking; and (7) firearms.

 

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 289.510 is hereby amended to read as follows:

      289.510  1.  The Commission:

      (a) Shall meet at the call of the Chair, who must be elected by a majority vote of the members of the Commission.

 


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ê2019 Statutes of Nevada, Page 1010 (CHAPTER 189, AB 478)ê

 

      (b) Shall provide for and encourage the training and education of persons whose primary duty is law enforcement to ensure the safety of the residents of and visitors to this State.

      (c) Shall adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers. The regulations must establish:

             (1) Requirements for basic training for category I, category II and category III peace officers and reserve peace officers;

             (2) Standards for programs for the continuing education of peace officers, including minimum courses of study and requirements concerning attendance [;] , which must require that all peace officers annually complete not less than 12 hours of continuing education in courses that address:

                   (I) Racial profiling;

                   (II) Mental health;

                   (III) The well being of officers;

                   (IV) Implicit bias recognition;

                   (V) De-escalation;

                   (VI) Human trafficking; and

                   (VII) Firearms.

             (3) Qualifications for instructors of peace officers; and

             (4) Requirements for the certification of a course of training.

      (d) Shall, when necessary, present courses of training and continuing education courses for category I, category II and category III peace officers and reserve peace officers.

      (e) May make necessary inquiries to determine whether the agencies of this State and of the local governments are complying with standards set forth in its regulations.

      (f) Shall carry out the duties required of the Commission pursuant to NRS 432B.610 and 432B.620.

      (g) May perform any other acts that may be necessary and appropriate to the functions of the Commission as set forth in NRS 289.450 to 289.650, inclusive.

      (h) May enter into an interlocal agreement with an Indian tribe to provide training to and certification of persons employed as police officers by that Indian tribe.

      2.  Regulations adopted by the Commission:

      (a) Apply to all agencies of this State and of local governments in this State that employ persons as peace officers;

      (b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children;

      (c) Must require that all peace officers receive training in the handling of cases involving abuse, neglect, exploitation, isolation and abandonment of older persons; and

      (d) May require that training be carried on at institutions which it approves in those regulations.

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ê2019 Statutes of Nevada, Page 1011ê

 

CHAPTER 190, AB 488

Assembly Bill No. 488–Committee on Legislative Operations and Elections

 

CHAPTER 190

 

[Approved: May 29, 2019]

 

AN ACT relating to reports; revising provisions governing the submission of certain reports to the Legislature; revising provisions governing the submission of certain reports to the Director of the Legislative Counsel Bureau; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires various reports to be submitted to the Legislature. (NRS 217.460, 360.215, 426.729, 439A.083, 574.030, 701.215) Sections 1-5 and 7 of this bill eliminate requirements to submit certain reports to the Legislature.

      Existing law requires the Director of the Office of Energy to prepare a report concerning the status of energy in this State to be submitted to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature. (NRS 701.160) Existing law further requires the Director of the Office of Energy to submit an annual report to the Legislative Commission and the Governor containing certain information. (NRS 701.380) Section 8 of this bill eliminates the requirement to submit the annual report to the Legislative Commission and the Governor. Section 6, however, requires the information in the annual report to be included in the Director’s report concerning the status of energy in this State to be submitted to the Governor and the Director of the Legislative Counsel Bureau.

      The Nye County Sales and Use Tax Act of 2007 requires certain governing bodies to submit periodic reports to the Director of the Legislative Counsel Bureau. Section 9 of this bill instead requires that such reports be submitted to the Department of Taxation.

 

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 217.460 is hereby amended to read as follows:

      217.460  [1.]  Each organization which has received a grant for assistance to victims of domestic violence shall furnish quarterly and annual financial reports to the Administrator of the Division in a manner which the Administrator may prescribe.

      [2.  The Administrator shall review the reports from the organizations, compile the information contained in them about the individual programs for assistance to victims of domestic violence, conduct a financial review of all expenditures, and make a comprehensive report biennially to the Legislature, including an evaluation of the effectiveness of the respective organizations in aiding victims of domestic violence.]

      Sec. 2. NRS 360.215 is hereby amended to read as follows:

      360.215  The Department:

      1.  May assist the county assessors in appraising property within their respective counties which the ratio study shows to be in need of reappraisal.

      2.  Shall consult with and assist county assessors to develop and maintain standard assessment procedures to be applied and used in all of the counties of the State, to ensure that assessments of property by county assessors are made equal in each of the several counties of this state.

 


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assessors are made equal in each of the several counties of this state. These procedures must include uniform methods for:

      (a) Assessing, projecting and reporting construction work in progress and other new property; and

      (b) Counting and reporting housing units.

      3.  Shall visit a selective cross section of assessable properties within the various counties in cooperation with the county assessor and examine these properties and compare them with the tax roll and assist the various county assessors in correcting any inequalities found to exist with factors of equal value and actual assessed value considered, and place upon the rolls any property found to be omitted from the tax roll.

      4.  Shall carry on a continuing study, the object of which is the equalization of property values between counties.

      5.  Shall carry on a program of in-service training for county assessors of the several counties of the State, and each year hold classes of instruction in assessing procedure for the purpose of bringing each county assessor and his or her authorized personnel the newest methods, procedures and practices in assessing property. Expenses of attending such classes are a proper and allowable charge by the board of county commissioners in each county.

      6.  Shall continually supervise assessment procedures which are carried on in the several counties of the State and advise county assessors in the application of such procedures. [The Department shall make a complete written report to each session of the Legislature, which must include all reports of its activities and findings and all recommendations which it has made to the several county assessors, and the extent to which the recommendations have been followed.]

      7.  Shall carry on a continuing program to maintain and study the assessment of public utilities and all other property assessed by the Department to the end that the assessment is equalized with the property assessable by county assessors.

      8.  May conduct appraisals at the request of and in conjunction with any county assessor when the assessor considers such assistance necessary. One-half of the cost of the appraisal must be paid by the county. In lieu of a cash payment, the county may provide labor, material or services having a value equal to one-half of the appraisal cost.

      9.  Shall establish and maintain a manual of assessment policies and procedures.

      Sec. 3. NRS 426.729 is hereby amended to read as follows:

      426.729  The Director of the Department of Health and Human Services, in consultation with the Nevada Commission on Services for Persons with Disabilities shall:

      1.  Determine the amount of state funding necessary each biennium to carry out NRS 426.728.

      2.  Ensure that the amount of funding determined to be necessary pursuant to subsection 1 is included in the budgetary request of the appropriate department or agency for the biennium, and that the budgetary request includes funding for any increase in the number of cases handled by the state personal assistance programs.

      3.  Establish a program to govern the services provided to carry out NRS 426.728, within the limitations of any conditions upon the receipt of state or federal funding, including:

 


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      (a) Minimum standards for the provision of minimum essential personal assistance, including, to the extent authorized by state and federal law, the provision of services in accordance with NRS 629.091;

      (b) Minimum qualifications and training requirements for providers of minimum essential personal assistance;

      (c) Standards for the financial operation of providers of minimum essential personal assistance;

      (d) The development of an individual service plan for the provision of minimum essential personal assistance to each recipient;

      (e) Procedures to appeal the denial or modification of an individual service plan for the provision of minimum essential personal assistance and to resolve any disputes regarding the contents of such a plan;

      (f) Continuous monitoring of the adequacy and effectiveness of the provision of minimum essential personal assistance to each recipient;

      (g) Mandatory requirements and procedures for reporting the abuse, neglect or exploitation of a recipient;

      (h) The receipt of meaningful input from recipients, including surveys of recipients, regarding the extent to which recipients are receiving the services described in their individual service plans and their satisfaction with those services; and

      (i) Continuing procedures for soliciting public input regarding the development, implementation and review of the program.

      4.  Review and modify the program established pursuant to subsection 3 as appropriate to provide recipients with as much independence and control over the provision of minimum essential personal assistance as is feasible.

      [5.  Submit to each regular session of the Legislature and make available to members of the public any recommendations for legislation to carry out NRS 426.728 and to carry out or improve the program established pursuant to subsection 3.]

      Sec. 4. NRS 439A.083 is hereby amended to read as follows:

      439A.083  The Director shall [:

      1.  Establish] establish procedures for the review of all statutes, regulations and standards governing the approval, licensing or certification of health facilities. The procedures must provide for participation in the review by providers of health care and the general public.

      [2.  Before December 31 of each even-numbered year, prepare a report to the Governor and the Legislature identifying any statutes, regulations and standards which add to the cost of health care without providing a significant benefit and the action which has been taken or is required to eliminate any such statutes, regulations and standards.]

      Sec. 5. NRS 574.030 is hereby amended to read as follows:

      574.030  Such societies shall:

      1.  Elect officers and fill vacancies according to the provisions of their bylaws.

      2.  Make such reports of elections as are required of all corporations by law.

      [3.  Report to the Legislature, at each of its regular sessions, a full account of all their acts.]

      Sec. 6. NRS 701.160 is hereby amended to read as follows:

      701.160  1.  The Director shall prepare a report concerning the status of energy in the State of Nevada and submit it to:

 


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      [1.](a) The Governor on or before January 30 of each year; and

      [2.](b) The Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature on or before January 30 of each odd-numbered year.

      2.  The report submitted pursuant to subsection 1 must include, without limitation:

      (a) A description of the objectives of each activity and program of the Office of Energy;

      (b) An analysis of the effectiveness and efficiency of each activity and program of the Office of Energy in meeting the objectives of the activity or program;

      (c) The amount of money distributed for each activity and program of the Office of Energy from the Trust Account for Renewable Energy and Energy Conservation created by NRS 701.370 and a detailed description of the use of that money for each activity and program;

      (d) An analysis of the coordination between the Office of Energy and other officers and agencies; and

      (e) Any changes planned for each activity and program of the Office of Energy.

      Sec. 7. NRS 701.215 is hereby amended to read as follows:

      701.215  1.  The Director shall prepare a state energy reduction plan which requires state agencies, departments and other entities in the Executive Branch to reduce grid-based energy purchases for state-owned buildings by 20 percent by 2015.

      2.  In accordance with, and out of any money received pursuant to, the American Recovery and Reinvestment Act of 2009, Public Law 111-5, the Interim Finance Committee may determine an amount of money to be used by the Director to fulfill the requirements of subsection 1.

      3.  The Director:

      (a) Shall use any amount of money provided pursuant to subsection 2 to fulfill the requirements of subsection 1; and

      (b) May fulfill the requirements of subsection 1 by contracting with one or more qualified independent consultants . [; and

      (c) Shall biannually file reports with the Legislative Commission that:

             (1) Indicate the general progress of energy reduction in state buildings; and

             (2) Identify any state agency that fails to cooperate with the Director in the design or implementation of the plan prepared pursuant to subsection 1.]

      Sec. 8. NRS 701.380 is hereby amended to read as follows:

      701.380  1.  The Director shall:

      (a) Coordinate the activities and programs of the Office of Energy with the activities and programs of the Consumer’s Advocate and the Public Utilities Commission of Nevada, and with other federal, state and local officers and agencies that promote, fund, administer or operate activities and programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

      (b) Spend the money in the Trust Account for Renewable Energy and Energy Conservation to:

             (1) Educate persons and entities concerning renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

 


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             (2) Create incentives for investment in and the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

             (3) Distribute grants and other money to establish programs and projects which incorporate the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

             (4) Conduct feasibility studies, including, without limitation, any feasibility studies concerning the establishment or expansion of any grants, incentives, rebates or other programs to enable or assist persons to reduce the cost of purchasing distributed generation systems and on-site generation systems and net metering systems that use renewable energy.

      (c) Take any other actions that the Director deems necessary to carry out the duties of the Office of Energy, including, without limitation, contracting with consultants, if necessary, for the purposes of program design or to assist the Director in carrying out the duties of the Office.

      2.  [The Director shall prepare an annual report concerning the activities and programs of the Office of Energy and submit the report to the Legislative Commission and the Governor on or before January 30 of each year. The annual report must include, without limitation:

      (a) A description of the objectives of each activity and program;

      (b) An analysis of the effectiveness and efficiency of each activity and program in meeting the objectives of the activity or program;

      (c) The amount of money distributed for each activity and program from the Trust Account for Renewable Energy and Energy Conservation and a detailed description of the use of that money for each activity and program;

      (d) An analysis of the coordination between the Office of Energy and other officers and agencies; and

      (e) Any changes planned for each activity and program.

      3.]  As used in this section:

      (a) “Distributed generation system” means a facility or system for the generation of electricity that is in close proximity to the place where the electricity is consumed:

             (1) That uses renewable energy as defined in NRS 704.7811 to generate electricity;

             (2) That is located on the property of a customer of an electric utility;

             (3) That is connected on the customer’s side of the electricity meter;

             (4) That provides electricity primarily to offset customer load on that property; and

             (5) The excess generation from which is periodically exported to the grid in accordance with the provisions governing net metering systems used by customer-generators pursuant to NRS 704.766 to 704.777, inclusive.

      (b) “Electric utility” has the meaning ascribed to it in NRS 704.7571.

      Sec. 9. Section 17.5 of the Nye County Sales and Use Tax Act of 2007, being chapter 545, Statutes of Nevada 2007, at page 3426, is hereby amended to read as follows:

       Sec. 17.5.  1.  Any governing body of an area that has approved expenditures pursuant to section 17 of this act shall submit to the [Director of the Legislative Counsel Bureau for transmittal to the members of the Legislature, or the Legislative Commission when the Legislature is not in regular session,] Department the periodic reports required pursuant to this section and such other information relating to the provisions of this act as may be requested by the [Director of the Legislative Counsel Bureau.]

 


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relating to the provisions of this act as may be requested by the [Director of the Legislative Counsel Bureau.] Department.

       2.  The reports required pursuant to this section must be submitted:

       (a) On or before:

             (1) February 15 for the 3-month period ending on the immediately preceding December 31;

             (2) May 15 for the 3-month period ending on the immediately preceding March 31;

             (3) August 15 for the 3-month period ending on the immediately preceding June 30; and

             (4) November 15 for the 3-month period ending on the immediately preceding September 30; and

       (b) On or before August 15 for the 12-month period ending on the immediately preceding June 30.

       3.  Each report must be submitted on a form provided by the [Director of the Legislative Counsel Bureau] Department and include, with respect to the period covered by the report:

       (a) The total proceeds received by the respective local fire departments and the Sheriff from the sales and use tax imposed pursuant to this act;

       (b) A detailed description of the use of the proceeds, including, without limitation:

             (1) The total expenditures made by the respective local fire departments and the Sheriff for the purposes set forth in subsection 1 of section 14 of this act for the support of the services provided by the respective local fire departments and the Sheriff in each applicable area from the sales and use tax imposed pursuant to this act;

             (2) The total number of firefighters, deputy sheriffs and other public safety personnel hired by local fire departments or the Sheriff, as applicable, and the number of those employees that are filling authorized, funded positions for new employees; and

             (3) A detailed analysis of the manner in which each expenditure:

                   (I) Conforms to all provisions of this act; and

                   (II) Does not replace or supplant funding which existed before October 1, 2007, for the purposes set forth in subsection 1 of section 14 of this act for the support of the services provided by local fire departments and the Sheriff in each applicable area; and

       (c) Any other information required to complete the form for the report.

       4.  The [Legislative Commission] Department may review and investigate the reports submitted pursuant to this section and the expenditure of any proceeds pursuant to section 17 of this act.

      Sec. 10.  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. 11.  This act becomes effective upon passage and approval.

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CHAPTER 191, AB 490

Assembly Bill No. 490–Committee on Education

 

CHAPTER 191

 

[Approved: May 29, 2019]

 

AN ACT relating to education; requiring public schools to collect and report on data on the discipline of pupils; requiring the Department of Education to develop and provide guidance and training to school districts regarding the collection, reporting and analyzing of such data; requiring the Superintendent of Public Instruction to report to the State Board of Education on trends in the data on the discipline of pupils; requiring the State Board to include an analysis of data on the discipline of pupils in its annual report of the state of public education; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes an automated system of accountability information that records and tracks certain data relating to the education system, including pupil identification numbers and the results of the achievement of pupils. (NRS 385A.800) Each school district must report such data to the Department of Education. (NRS 385A.810) Section 3 of this bill requires each public school to collect and report data on the discipline of pupils in the public school. Section 3 requires that such data be disaggregated into subgroups of pupils and that each occurrence of suspension and expulsion be listed as a separate offense. Section 3 requires the Department to develop and provide guidance to school districts on the collection of data on the discipline of pupils. Section 3 additionally requires the Department to establish standard definitions of offenses for which a pupil may be disciplined and any related sanctions. Section 3 further requires the Department to provide training and professional development to educational personnel relating to reporting and analyzing data on the discipline of pupils.

      Existing law prescribes the duties of the Superintendent of Public Instruction. (NRS 385.175) Section 1 of this bill requires the Superintendent to report on a regular basis to the State Board of Education on trends in the data on the discipline of pupils in the public schools of this State. Existing law also requires the Department, in conjunction with the State Board, to submit an annual report regarding the state of public education to certain Legislative Committees. (NRS 385.230) Section 2 of this bill requires the Department and State Board to include in such a report certain information relating to data on the discipline of pupils.

 

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 385.175 is hereby amended to read as follows:

      385.175  The Superintendent of Public Instruction is the educational leader for the system of K-12 public education in this State. The Superintendent of Public Instruction shall:

      1.  Execute, direct or supervise all administrative, technical and procedural activities of the Department in accordance with policies prescribed by the State Board.

      2.  Employ personnel for the positions approved by the State Board and necessary for the efficient operation of the Department.

 


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      3.  Organize the Department in a manner which will assure efficient operation and service.

      4.  Maintain liaison and coordinate activities with other state agencies performing educational functions.

      5.  Enforce the observance of this title and all other statutes and regulations governing K-12 public education.

      6.  Request a plan of corrective action from the board of trustees of a school district or the governing body of a charter school if the Superintendent of Public Instruction determines that the school district or charter school, or any other entity which provides education to a pupil with a disability for a school district or charter school, has not complied with a requirement of this title or any other statute or regulation governing K-12 public education. The plan of corrective action must provide a timeline approved by the Superintendent of Public Instruction for compliance with the statute or regulation.

      7.  Report to the State Board on a regular basis the data on the discipline of pupils and trends in the data on the discipline of pupils collected pursuant to section 3 of this act.

      8.  Perform such other duties as are prescribed by law.

      Sec. 2. NRS 385.230 is hereby amended to read as follows:

      385.230  1.  The Department shall, in conjunction with the State Board, prepare an annual report of the state of public education in this State. The report must include, without limitation:

      (a) An analysis of each annual report of accountability prepared by the State Board pursuant to NRS 385A.400;

      (b) An update on the status of K-12 public education in this State;

      (c) A description of the most recent vision and mission statements of the State Board and the Department, including, without limitation, the progress made by the State Board and Department in achieving those visions and missions;

      (d) A description of the goals and benchmarks for improving the academic achievement of pupils which are included in the plan to improve the achievement of pupils required by NRS 385.111;

      (e) A description of any policies, plans and programs for promoting, extending and improving career and technical education for pupils;

      (f) A description of any significant changes made to the collection, maintenance or transfer of data concerning pupils by the Department, a school district, a sponsor of a charter school or a university school for profoundly gifted pupils;

      (g) Any new data elements, including, without limitation, data about individual pupils and aggregated data about pupils within a defined group, proposed for inclusion in the automated system of accountability information for Nevada established pursuant to NRS 385A.800;

      (h) An analysis of the progress the public schools have made in the previous year toward achieving the goals and benchmarks for improving the academic achievement of pupils;

      (i) An analysis of whether the standards and examinations adopted by the State Board adequately prepare pupils for success in postsecondary educational institutions and in career and workforce readiness;

      (j) An analysis of the extent to which school districts and charter schools recruit and retain effective teachers and principals;

 


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ê2019 Statutes of Nevada, Page 1019 (CHAPTER 191, AB 490)ê

 

      (k) An analysis of the ability of the automated system of accountability information for Nevada established pursuant to NRS 385A.800 to link the achievement of pupils to the performance of the individual teachers assigned to those pupils and to the principals of the schools in which the pupils are enrolled;

      (l) An analysis of the extent to which the lowest performing public schools have improved the academic achievement of pupils enrolled in those schools;

      (m) A summary of the innovative educational programs implemented by public schools which have demonstrated the ability to improve the academic achievement of pupils, including, without limitation:

             (1) Pupils who are economically disadvantaged, as defined by the State Board;

             (2) Pupils from major racial and ethnic groups, as defined by the State Board;

             (3) Pupils with disabilities;

             (4) Pupils who are English learners; and

             (5) Pupils who are migratory children, as defined by the State Board;

      (n) A description of any plan of corrective action requested by the Superintendent of Public Instruction from the board of trustees of a school district or the governing body of a charter school and the status of that plan; [and]

      (o) A summary of any measures taken by the Superintendent of Public Instruction pursuant to NRS 388.4354 to ensure compliance with a plan of corrective action or the order of a hearing officer [.] ; and

      (p) An analysis of data on the discipline of pupils collected pursuant to section 3 of this act, including, without limitation:

             (1) Trends in the data measuring changes in the discipline of pupils; and

             (2) Areas identified by the Department where the Department will provide support to a public school to address trends in the data on the discipline of pupils.

      2.  In odd-numbered years, the Superintendent of Public Instruction shall present the report prepared pursuant to subsection 1 in person to the Governor and each standing committee of the Legislature with primary jurisdiction over matters relating to K-12 public education at the beginning of each regular session of the Legislature.

      3.  In even-numbered years, the Superintendent of Public Instruction shall, on or before January 31, submit a written copy of the report prepared pursuant to subsection 1 to the Governor and to the Legislative Committee on Education.

      Sec. 3. Chapter 385A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each public school in this State shall collect data on the discipline of pupils. Such data must:

      (a) Be reported annually to the Department through the automated system of accountability information established pursuant to NRS 385A.800;

      (b) Be disaggregated into subgroups of pupils; and

      (c) Include occurrences of suspension and expulsion as separate offenses.

      2.  The Department shall:

 


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ê2019 Statutes of Nevada, Page 1020 (CHAPTER 191, AB 490)ê

 

      (a) Develop and provide guidance to each school district in this State on methods and procedures for the collection of data on the discipline of pupils pursuant to subsection 1;

      (b) Establish standard definitions of an offense for which a pupil may be disciplined and any related sanctions; and

      (c) Provide training and professional development to educational personnel relating to the reporting and analysis of data on the discipline of pupils. Such training must, without limitation, provide educational personnel with the ability to create a report of any data on the discipline of pupils, interpret the results of such a report and develop a responsive plan of action based on the results of such a report.

      Sec. 4.  This act becomes effective on July 1, 2019.

________

CHAPTER 192, AB 496

Assembly Bill No. 496–Committee on Ways and Means

 

CHAPTER 192

 

[Approved: May 29, 2019]

 

AN ACT relating to the Silver State Health Insurance Exchange; revising provisions governing the employees of the Exchange; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Silver State Health Insurance Exchange, which provides services relating to the purchase and sale of health insurance by residents and certain employers in this State. (Chapter 695I of NRS) The Exchange is governed by a Board of Directors. (NRS 695I.300) Under existing law, the Board of Directors is required to appoint an Executive Director, who is in the unclassified service. The Executive Director, subject to the limits of available funding, is authorized to appoint and remove such employees as are necessary for the administration of the Exchange, who are in the unclassified service. (NRS 695I.380) This bill authorizes the Executive Director to also appoint employees in the classified service.

 

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 695I.380 is hereby amended to read as follows:

      695I.380  1.  The Board shall appoint an Executive Director of the Exchange.

      2.  The Executive Director:

      (a) Is in the unclassified service of the State;

      (b) Is responsible to the Board and serves at the pleasure of the Board;

      (c) Must have experience in the administration of health care or health insurance; and

      (d) Is responsible for the administrative matters of the Board.

      3.  Subject to the limits of available funding, the Executive Director may , in accordance with chapter 284 of NRS, appoint and remove such employees of the Exchange as are necessary for the administration of the Exchange.

 


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ê2019 Statutes of Nevada, Page 1021 (CHAPTER 192, AB 496)ê

 

      4.  Employees of the Exchange appointed pursuant to subsection 3 are in either the classified or unclassified service of the State [.] , in accordance with the historical manner of categorization.

      Sec. 2.  This act becomes effective on July 1, 2019.

________

CHAPTER 193, SB 15

Senate Bill No. 15–Committee on Government Affairs

 

CHAPTER 193

 

[Approved: May 29, 2019]

 

AN ACT relating to emergency management; authorizing the Governor or the Governor’s duly designated representative to establish one or more incident management assistance teams; authorizing certain volunteers to serve as members of such teams; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Governor or the Governor’s duly designated representative to create and establish mobile support units to reinforce organizations for emergency management in areas stricken by a disaster or emergency. (NRS 414.080) Sections 1-3 of this bill change the name of these mobile support units to incident management assistance teams. Section 2 of this bill authorizes volunteers trained in responding to an emergency or disaster from an organization that provides such volunteers to serve as members of an incident management assistance team.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 414.037 is hereby amended to read as follows:

      414.037  [“Mobile support unit”] “Incident management assistance team” means an organization for emergency management created in accordance with the provisions of this chapter by state or local authority to be dispatched by the Governor to supplement local organizations for emergency management in a stricken area.

      Sec. 2. NRS 414.080 is hereby amended to read as follows:

      414.080  1.  The Governor or the Governor’s duly designated representative may create and establish such number of [mobile support units] incident management assistance teams as may be necessary to reinforce organizations for emergency management in stricken areas and with due consideration of the plans of the Federal Government and of other states. The Governor may appoint a [commander] chief for each such [unit] team who has primary responsibility for the organization, administration and operation of the [unit. Mobile support units] team. Incident management assistance teams may be called to duty upon orders of the Governor and shall perform their functions in any part of the State, or, upon the conditions specified in this section, in other states.

      2.  When creating and establishing an incident management assistance team, the Governor or the Governor’s duly designated representative may include as members of such a team volunteers who are trained in responding to an emergency or disaster from an organization that provides such volunteers.

 


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ê2019 Statutes of Nevada, Page 1022 (CHAPTER 193, SB 15)ê

 

representative may include as members of such a team volunteers who are trained in responding to an emergency or disaster from an organization that provides such volunteers.

      3.  Personnel of [mobile support units] incident management assistance teams, while on duty, whether within or without the State:

      (a) If they are employees of the State, have the powers, duties, rights, privileges and immunities and receive the compensation incidental to their employment.

      (b) If they are employees of a political subdivision of the State, and whether serving within or without that political subdivision, have the powers, duties, rights, privileges and immunities and receive the compensation incidental to their employment.

      (c) If they are not employees of the State or a political subdivision thereof, are entitled to compensation by the State at $10 per day and to the same rights and immunities as are provided by law for the employees of the State. All personnel of [mobile support units,] incident management assistance teams, while on duty, are subject to the operational control of the authority in charge of activities for emergency management in the area in which they are serving, and must be reimbursed for all actual and necessary travel and subsistence expenses.

      [3.]4.  The State may reimburse a political subdivision for the compensation paid and actual and necessary travel, subsistence and maintenance expenses of employees of such political subdivision while serving as members of [a mobile support unit,] an incident management assistance team, for all payments for death, disability or injury of such employees incurred in the course of duty, and for all losses of or damage to supplies and equipment of the political subdivision resulting from the operation of such [mobile support unit.] incident management assistance team.

      Sec. 3. NRS 223.240 is hereby amended to read as follows:

      223.240  1.  The Governor may, on behalf of this State, enter into mutual or reciprocal aid agreements or compacts with other states or the Federal Government, either on a statewide or political subdivision basis. Prior to committing the personnel, equipment or facilities of any political subdivision of this State, the Governor shall consult with and obtain the approval of the law enforcement executive and the chief executive of each of the political subdivisions affected.

      2.  Such agreements shall be limited to furnishing or exchange of:

      (a) Police services;

      (b) Personnel necessary to provide or conduct such services; and

      (c) Such other supplies, equipment, facilities, personnel and services as are needed to support such services.

      3.  The agreements may relate to the terms and conditions of mutual or reciprocal aid and to reimbursement of costs and expenses for equipment, supplies, personnel and similar items for [mobile support units] incident management assistance teams and police units.

      4.  Any such agreement may not extend beyond the elected term of the Governor of this State who entered into such agreement.

      Sec. 4.  This act becomes effective on July 1, 2019.

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ê2019 Statutes of Nevada, Page 1023ê

 

CHAPTER 194, SB 35

Senate Bill No. 35–Committee on Government Affairs

 

CHAPTER 194

 

[Approved: May 29, 2019]

 

AN ACT relating to public safety; creating the Nevada Resilience Advisory Committee; setting forth the membership and duties of the Committee; providing certain exceptions to the open meeting law; requiring the Nevada Resilience Advisory Committee to prepare an annual report and submit the annual report to certain entities; authorizing the Nevada Resilience Advisory Committee to appoint subcommittees in certain situations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      On March 12, 2018, Governor Sandoval signed Executive Order 2018-4, “Implementation of Nevada’s Statewide Resilience Strategy.” Executive Order 2018-4 required the Co-Chairs of the Homeland Security Working Group of the Nevada Commission on Homeland Security to develop a statewide 5-year resilience strategy to be considered by the Commission. The Order additionally required the Co-Chairs of the Homeland Security Working Group to provide recommendations through the resilience strategy for: (1) streamlining the commissions, boards and committees which advise the Division of Emergency Management of the Department of Public Safety; (2) streamlining grant processes to sustain the emergency management and homeland security capacity of Nevada; and (3) incentives for local partners to participate in resilience models, among other requirements.

      These requirements were addressed in the Statewide Resilience Strategy, published on July 1, 2018. The Statewide Resilience Strategy made recommendations that this State establish a public body in statute that: (1) consolidates several existing boards and commissions relating to emergency management; (2) coordinates grants and other efforts with respect to resilience programs; (3) may establish subordinate public bodies; and (4) provides an annual report to the Nevada Commission on Homeland Security.

      Section 2 of this bill creates the Nevada Resilience Advisory Committee. Section 2 provides that: (1) with the approval of the Director of the Department of Public Safety, the Chief of the Division shall appoint not more than 34 voting members to the Committee; (2) with the approval of the Director of the Department of Public Safety, the Chief of the Division or his or her designee serves as the Chair of the Committee; and (3) each appointed voting member of the Committee, other than the Chair, serves a term of 2 years and may be reappointed.

      Sections 3-10 of this bill provide various requirements and duties of the Nevada Resilience Advisory Committee. Section 3 of this bill requires the Committee to hold a meeting at least once a month. Section 4 of this bill authorizes the Committee to hold a closed meeting for sensitive issues relating to emergency management or homeland security, as determined by the Committee. Sections 11 and 12 of this bill make conforming changes. Section 5 of this bill provides that a member of the Committee or any subcommittee formed pursuant to section 7 of this bill is not compensated for his or her services as a member of the Committee or the subcommittee. Section 5 further provides that a member of the Committee or subcommittee who is a public employee must: (1) be granted administrative leave from his or her duties to engage in the business of the Committee or subcommittee; and (2) receive the per diem allowance and travel expenses provided for state officers and employees generally from the state agency or political subdivision which employs him or her.

 


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      Section 6 of this bill sets forth the duties of the Nevada Resilience Advisory Committee, including requiring the Committee to: (1) annually develop state resilience goals and related objectives for the Committee; (2) review and make recommendations concerning certain grants and the coordination of statewide mitigation, preparedness, response and recovery efforts; and (3) develop an annual report. Section 10 of this bill provides that this annual report must include activities, any assessments of programs and processes and any recommendations based on activities and assessments of the Committee during the preceding calendar year. Section 10 additionally requires that this annual report be submitted to the Nevada Commission on Homeland Security, the Governor and the Director of the Legislative Counsel Bureau. Section 7 authorizes the Committee to appoint any subcommittee that is deemed necessary by the Committee. Section 7 requires such subcommittees to have a specific objective and operate for not more than 6 months, unless an extension is approved by the Committee. Section 8 of this bill requires the Chief of the Division to provide staff to assist in carrying out the duties of the Committee. Section 9 of this bill authorizes the Committee to apply for and receive gifts, grants, contributions or other money from various entities 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 239C of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2. 1.  The Nevada Resilience Advisory Committee is hereby created.

      2.  With the approval of the Director of the Department of Public Safety, the Chief of the Division shall appoint to the Committee not more than 34 voting members that the Chief determines to be appropriate and who have expertise in:

      (a) Emergency management;

      (b) Homeland security;

      (c) Public safety;

      (d) Cybersecurity;

      (e) School safety; or

      (f) Public health.

      3.  With the approval of the Director of the Department of Public Safety, the Chief or his or her designee shall:

      (a) Serve as the Chair and a voting member of the Committee; and

      (b) Appoint one voting member of the Committee to serve as Vice Chair.

      4.  The term of office of each voting member of the Committee is 2 years. This term limit does not apply to the Chair. A member may be reappointed.

      Sec. 3. 1.  The Nevada Resilience Advisory Committee shall meet at the call of the Chair of the Committee as frequently as required to perform its duties, but not less than once a month.

      2.  A majority of the voting members of the Committee constitutes a quorum for the transaction of business, and a majority of those voting members present at any meeting is sufficient for any official action taken by the Committee.

      Sec. 4. 1.  Except as otherwise provided in subsections 2 and 3, the Nevada Resilience Advisory Committee and any subcommittee formed pursuant to section 7 of this act shall comply with the provisions of chapter 241 of NRS and shall conduct all meetings in accordance with that chapter.

 


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ê2019 Statutes of Nevada, Page 1025 (CHAPTER 194, SB 35)ê

 

pursuant to section 7 of this act shall comply with the provisions of chapter 241 of NRS and shall conduct all meetings in accordance with that chapter.

      2.  The Committee and, with the prior approval of the Committee, any subcommittee formed pursuant to section 7 of this act may hold a closed meeting for sensitive issues relating to emergency management or homeland security if the Committee or subcommittee, as applicable, determines that the public disclosure of such matters would be likely to compromise, jeopardize or otherwise threaten the safety of the public.

      3.  Except as otherwise provided in NRS 239.0115, all information and materials received or prepared by the Committee and any subcommittee formed pursuant to section 7 of this act during a meeting closed pursuant to subsection 2 and all minutes and audiovisual or electronic reproductions of such a meeting are confidential, are not subject to subpoena or discovery and are not subject to inspection by the general public.

      Sec. 5. 1.  A member of the Nevada Resilience Advisory Committee or any subcommittee formed pursuant to section 7 of this act may not receive any compensation for his or her services as a member of the Committee or the subcommittee.

      2.  Any member of the Committee or any subcommittee formed pursuant to section 7 of this act who is a public employee must be granted administrative leave from his or her duties to engage in the business of the Committee or subcommittee, as applicable, without loss of his or her regular compensation. Such leave does not reduce the amount of his or her other accrued leave.

      3.  Each member of the Committee or any subcommittee formed pursuant to section 7 of this act is entitled, while engaged in the business of the Committee or subcommittee, to receive the per diem allowance and travel expenses provided for state officers and employees generally. The per diem allowance and travel expenses provided to a member of the Committee or subcommittee who is an officer or employee of the State of Nevada or a political subdivision of this State must be paid by the state agency or political subdivision which employs him or her.

      Sec. 6. The Nevada Resilience Advisory Committee shall, within the limits of available money:

      1.  Annually develop state resilience goals and related objectives for the Committee;

      2.  Formulate advisory recommendations and policies regarding the emergency management, emergency response and homeland security efforts for the State, as well as statewide mitigation, preparedness, response and recovery efforts;

      3.  In accordance with the state resilience goals and related objectives developed pursuant to subsection 1:

      (a) Review grants proposed by state agencies, political subdivisions or tribal governments that are responsible for homeland security and make recommendations and provide related advice concerning such grants to the Committee on Finance appointed pursuant to NRS 239C.170;

      (b) Review grants proposed by agencies of this State, political subdivisions or tribal governments that are responsible for emergency management or emergency response and make recommendations and provide related advice concerning such grants to the Chief of the Division; and

 


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ê2019 Statutes of Nevada, Page 1026 (CHAPTER 194, SB 35)ê

 

      (c) Review statewide mitigation, preparedness, response and recovery efforts in consultation with political subdivisions and tribal governments and make recommendations to such political subdivisions and tribal governments concerning these coordination efforts; and

      4.  Develop the annual report required pursuant to section 10 of this act.

      Sec. 7. 1.  Subject to the provisions of subsection 2, the Nevada Resilience Advisory Committee may appoint any subcommittee deemed necessary by the Committee to assist in carrying out the duties of the Committee.

      2.  The Committee may appoint not more than two subcommittees at any time.

      3.  Each subcommittee formed pursuant to subsection 1 must:

      (a) Have a specific objective; and

      (b) Operate for not more than 6 months, unless an extension is approved by the Committee.

      4.  The Chair of the Committee shall appoint to a subcommittee formed pursuant to subsection 1 the number of voting members that the Chair of the Committee determines to be appropriate. The Chair may appoint any person the Chair deems appropriate to serve on a subcommittee, except that a subcommittee must include at least one member of the Committee.

      5.  At the first meeting of the subcommittee and, if an extension is approved pursuant to paragraph (b) of subsection 3, every 6 months thereafter, a subcommittee formed pursuant to subsection 1 shall select a chair and a vice chair from the members of the subcommittee.

      Sec. 8. The Chief of the Division shall provide such staff assistance to the Nevada Resilience Advisory Committee as the Chief deems appropriate.

      Sec. 9. The Nevada Resilience Advisory Committee may apply for and receive gifts, grants, contributions or other money from governmental and private agencies, affiliated associations and other persons to carry out the provisions of sections 2 to 10, inclusive, of this act and to defray expenses incurred by the Committee in the discharge of its duties.

      Sec. 10. On or before February 1 of each year, the Nevada Resilience Advisory Committee shall:

      1.  Prepare a report setting forth:

      (a) The activities of the Committee which occurred during the preceding calendar year;

      (b) Any assessments of the programs and processes conducted by the Committee to achieve the state resilience goals and related objectives developed pursuant to section 6 of this act and the capacity of such programs and processes;

      (c) Any recommendations created by the Committee that are based on the activities and assessments conducted during the preceding calendar year; and

      (d) A description of any matters with respect to which the Committee held a closed meeting or a closed portion of a meeting, as applicable, accompanied by an explanation of the reasons why the Committee determined that the meeting or portion thereof needed to be closed; and

      2.  Submit a copy of the report to:

 


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ê2019 Statutes of Nevada, Page 1027 (CHAPTER 194, SB 35)ê

 

      (a) The Nevada Commission on Homeland Security;

      (b) The Governor; and

      (c) The Director of the Legislative Counsel Bureau for transmittal to:

             (1) If the Legislature is in session, the standing committees of the Legislature which have jurisdiction of the subject matter; or

             (2) If the Legislature is not in session, the Legislative Commission.

      Sec. 11. 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, 41.071, 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, 119B.370, 119B.382, 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, 176.01249, 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, 209.3925, 209.419, 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, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 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, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 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, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 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, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 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.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 450.140, 453.164, 453.720, 453A.610, 453A.700, 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, 480.365, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 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, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.

 


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ê2019 Statutes of Nevada, Page 1028 (CHAPTER 194, SB 35)ê

 

604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 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, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 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, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 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, 679B.122, 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.110, 687A.115, 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.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 4 of this act and 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 the confidential information from the information included in the public book or record that is not otherwise confidential.

      4.  A person may request a copy of a public record in any medium in which the public record is readily available. 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 a readily available medium 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.

 


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ê2019 Statutes of Nevada, Page 1029 (CHAPTER 194, SB 35)ê

 

      Sec. 12. NRS 241.016 is hereby amended to read as follows:

      241.016  1.  The meetings of a public body that are quasi-judicial in nature are subject to the provisions of this chapter.

      2.  The following are exempt from the requirements of this chapter:

      (a) The Legislature of the State of Nevada.

      (b) Judicial proceedings, including, without limitation, proceedings before the Commission on Judicial Selection and, except as otherwise provided in NRS 1.4687, the Commission on Judicial Discipline.

      (c) Meetings of the State Board of Parole Commissioners when acting to grant, deny, continue or revoke the parole of a prisoner or to establish or modify the terms of the parole of a prisoner.

      3.  Any provision of law, including, without limitation, NRS 91.270, 219A.210, 228.495, 239C.140, 281A.350, 281A.690, 281A.735, 281A.760, 284.3629, 286.150, 287.0415, 287.04345, 287.338, 288.220, 289.387, 295.121, 360.247, 388.261, 388A.495, 388C.150, 388G.710, 388G.730, 392.147, 392.467, 394.1699, 396.3295, 433.534, 435.610, 463.110, 622.320, 622.340, 630.311, 630.336, 631.3635, 639.050, 642.518, 642.557, 686B.170, 696B.550, 703.196 and 706.1725, and section 4 of this act, which:

      (a) Provides that any meeting, hearing or other proceeding is not subject to the provisions of this chapter; or

      (b) Otherwise authorizes or requires a closed meeting, hearing or proceeding,

Ê prevails over the general provisions of this chapter.

      4.  The exceptions provided to this chapter, and electronic communication, must not be used to circumvent the spirit or letter of this chapter to deliberate or act, outside of an open and public meeting, upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.

      Sec. 13.  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. 14.  This act becomes effective upon passage and approval.

________

CHAPTER 195, SB 36

Senate Bill No. 36–Committee on Government Affairs

 

CHAPTER 195

 

[Approved: May 29, 2019]

 

AN ACT relating to local governments; revising certain provisions relating to the purchase of real property by a board of county commissioners; revising certain provisions relating to the appraised value of certain real property a board of county commissioners or governing body of a city offers for sale or lease; revising certain requirements for a board of county commissioners or governing body of a city to provide notice when offering certain real property at auction; authorizing a board of county commissioners or governing body of a city to offer real property at auction on the Internet or other electronic medium; and providing other matters properly relating thereto.

 


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ê2019 Statutes of Nevada, Page 1030 (CHAPTER 195, SB 36)ê

 

Legislative Counsel’s Digest:

      Existing law sets forth requirements for the purchase, sale or lease of real property by a board of county commissioners or a governing body of a city. (NRS 244.275-244.290, 268.048-268.065) In accordance with these requirements, a board of county commissioners is required to obtain at least one appraisal of real property before the board of county commissioners may purchase property for the use of the county. (NRS 244.275) Section 1 of this bill requires the appraiser to be selected in the same manner as appraisers selected for real property that the board of county commissioners will sell or lease.

      Under existing law, a board of county commissioners or a governing body of a city, with limited exception, is: (1) required to obtain two independent appraisals of the fair market value of real property before selling or leasing the real property or one independent appraisal, if the board holds a hearing on the fair market value of the real property; and (2) prohibited from selling or leasing real property for less than the highest appraised value of the real property. (NRS 244.2795, 244.281, 266.267, 268.059, 268.061) Sections 3 and 7 of this bill revise the prohibition on selling or leasing real property for less than the highest appraised value to instead prohibit a board of county commissioners or a governing body of a city from, with limited exception, selling or leasing real property for less than the average of two independent appraisals if two appraisals have been obtained or the appraised value if only one appraisal has been obtained. Sections 3 and 7 also authorize a board of county commissioners or a governing body of a city to obtain only 1 appraisal when listing certain real property with a licensed real estate broker if the prior appraisal or appraisals were prepared more than 6 months before the real property is listed. Sections 2, 5 and 6 of this bill make conforming changes.

      Existing law requires a board of county commissioners which intends to offer real property for sale or a governing body of a city which intends to offer real property for sale or lease at auction to: (1) publish notice of the intent to offer the real property for sale or lease; and (2) accept and consider sealed bids at a public meeting of the board or governing body, as applicable. (NRS 244.282, 268.062) Sections 4 and 8 of this bill require the notice published of the intent to offer real property at auction to be in bold face type. Sections 4 and 8 further authorize a board of county commissioners or a governing body of a city to offer real property for sale or lease, as applicable, at auction on an Internet website or other electronic medium. If the board or governing body uses an Internet website or other electronic medium, at the next regularly scheduled meeting of the board or governing body after bidding has closed, the board or governing body is required to make a final acceptance of the highest bid or, under certain circumstances, reject all bids and withdraw the property from sale or lease.

 

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 244.275 is hereby amended to read as follows:

      244.275  1.  The boards of county commissioners shall have power and jurisdiction in their respective counties:

      (a) To purchase any real or personal property necessary for the use of the county.

      (b) To lease any real or personal property necessary for the use of the county.

      2.  No purchase of real property shall be made by a board of county commissioners unless the value of the same has been previously appraised and fixed by one or more competent real estate appraisers [to be appointed for that purpose] selected by the [county commissioners.] board from the list of appraisers established pursuant to NRS 244.2795. The person or persons [so appointed] selected shall be sworn to make a true appraisement thereof according to the best of their knowledge and ability.

 


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ê2019 Statutes of Nevada, Page 1031 (CHAPTER 195, SB 36)ê

 

[so appointed] selected shall be sworn to make a true appraisement thereof according to the best of their knowledge and ability. Purchases of real property from other federal, state or local governments are exempt from such requirement of appraisement.

      Sec. 2. NRS 244.2795 is hereby amended to read as follows:

      244.2795  1.  Except as otherwise provided in NRS 244.189, 244.276, 244.279, 244.2815, 244.2825, 244.2833, 244.2835, 244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive, and subsection 3 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on or before October 1, 2004, except if the board of county commissioners is entering into a joint development agreement for real property owned by the county to which the board of county commissioners is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for the sale or lease of real property to the State or another governmental entity and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election or special election, the board of county commissioners shall, when offering any real property for sale or lease:

      (a) Except as otherwise provided in this paragraph [,] and paragraph (h) of subsection 1 of NRS 244.281, obtain two independent appraisals of the real property before selling or leasing it. If the board of county commissioners holds a public hearing on the matter of the fair market value of the real property, one independent appraisal of the real property is sufficient before selling or leasing it. The appraisal or appraisals, as applicable, must have been prepared not more than 6 months before the date on which the real property is offered for sale or lease.

      (b) Select the one independent appraiser or two independent appraisers, as applicable, from the list of appraisers established pursuant to subsection 2.

      (c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the board of county commissioners as to the qualifications of the appraiser is conclusive.

      2.  The board of county commissioners shall adopt by ordinance the procedures for creating or amending a list of appraisers qualified to conduct appraisals of real property offered for sale or lease by the board. The list must:

      (a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised; and

      (b) Be organized at random and rotated from time to time.

      3.  An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income that may constitute a conflict of interest and any relationship with the real property owner or the owner of an adjoining real property.

      4.  An appraiser shall not perform an appraisal on any real property for sale or lease by the board of county commissioners if:

      (a) The appraiser has an interest in the real property or an adjoining property;

      (b) The real property is located in a county whose population is 45,000 or more and any person who is related to the appraiser has an interest in the real property or an adjoining property and the relationship between the appraiser and the person is within the third degree of consanguinity or affinity; or

 


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      (c) The real property is located in a county whose population is less than 45,000 and any person who is related to the appraiser has an interest in the real property or an adjoining property and the relationship between the appraiser and the person is within the second degree of consanguinity or affinity.

      5.  If real property is sold or leased in violation of the provisions of this section:

      (a) The sale or lease is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.

      Sec. 3. NRS 244.281 is hereby amended to read as follows:

      244.281  1.  Except as otherwise provided in this subsection and NRS 244.189, 244.276, 244.279, 244.2815, 244.2825, 244.2833, 244.2835, 244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive, and subsection 3 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on or before October 1, 2004, except if the board of county commissioners is entering into a joint development agreement for real property owned by the county to which the board of county commissioners is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election or special election:

      (a) When a board of county commissioners has determined by resolution that the sale or lease of any real property owned by the county will be for purposes other than to establish, align, realign, change, vacate or otherwise adjust any street, alley, avenue or other thoroughfare, or portion thereof, or flood control facility within the county and will be in the best interest of the county, it may:

             (1) Sell the real property in the manner prescribed for the sale of real property in NRS 244.282.

             (2) Lease the real property in the manner prescribed for the lease of real property in NRS 244.283.

      (b) Before the board of county commissioners may sell or lease any real property as provided in paragraph (a), it shall:

             (1) Post copies of the resolution described in paragraph (a) in three public places in the county; and

             (2) Cause to be published at least once a week for 3 successive weeks, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:

                   (I) A description of the real property proposed to be sold or leased in such a manner as to identify it;

                   (II) The minimum price, if applicable, of the real property proposed to be sold or leased; and

                   (III) The places at which the resolution described in paragraph (a) has been posted pursuant to subparagraph (1), and any other places at which copies of that resolution may be obtained.

 


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Ê If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.

      (c) Except as otherwise provided in this paragraph [,] and paragraph (h), if the board of county commissioners by its resolution further finds that the real property to be sold or leased is worth more than $1,000, the board shall appoint two or more disinterested, competent real estate appraisers pursuant to NRS 244.2795 to appraise the real property. If the board of county commissioners holds a public hearing on the matter of the fair market value of the property, one disinterested, competent appraisal of the real property is sufficient before selling or leasing it. Except for real property acquired pursuant to NRS 371.047, the board of county commissioners shall not sell or lease it for less than [the highest appraised value.] :

             (1) If two independent appraisals were obtained, the average of the appraisals of the real property.

             (2) If only one independent appraisal was obtained, the appraised value of the real property.

      (d) If the real property is appraised at $1,000 or more, the board of county commissioners may:

             (1) Lease the real property; or

             (2) Sell the real property either for cash or for not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust, bearing such interest and upon such further terms as the board of county commissioners may specify.

      (e) A board of county commissioners may sell or lease any real property owned by the county without complying with the provisions of NRS 244.282 or 244.283 to:

             (1) A person who owns real property located adjacent to the real property to be sold or leased if the board has determined by resolution that the sale will be in the best interest of the county and the real property is a:

                   (I) Remnant that was separated from its original parcel due to the construction of a street, alley, avenue or other thoroughfare, or portion thereof, flood control facility or other public facility;

                   (II) Parcel that, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the real property for sale or lease; or

                   (III) Parcel which is subject to a deed restriction prohibiting the use of the real property by anyone other than the person who owns real property adjacent to the real property for sale or lease.

             (2) The State or another governmental entity if:

                   (I) The sale or lease restricts the use of the real property to a public use; and

                   (II) The board adopts a resolution finding that the sale or lease will be in the best interest of the county.

      (f) A board of county commissioners that disposes of real property pursuant to paragraph (d) is not required to offer to reconvey the real property to the person from whom the real property was received or acquired by donation or dedication.

      (g) If real property that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the real property, the board of county commissioners may offer the real property for sale or lease a second time pursuant to this section.

 


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ê2019 Statutes of Nevada, Page 1034 (CHAPTER 195, SB 36)ê

 

of the real property, the board of county commissioners may offer the real property for sale or lease a second time pursuant to this section. [If there is a material change relating to the title, zoning or an ordinance governing the use of the real property, the] The board of county commissioners must obtain a new appraisal or appraisals, as applicable, of the real property pursuant to the provisions of NRS 244.2795 before offering the real property for sale or lease a second time [.] if:

             (1) There is a material change relating to the title, zoning or an ordinance governing the use of the real property; or

             (2) The appraisal or appraisals, as applicable, were prepared more than 6 months before the date on which the real property is offered for sale or lease the second time.

      (h) If real property that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the real property, the board of county commissioners may list the real property for sale or lease at the appraised value or average of the appraised value if two or more appraisals were obtained, as applicable, with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the real property or an adjoining property. If the appraisal or appraisals, as applicable, were prepared more than 6 months before the date on which the real property is listed with a licensed real estate broker, the board of county commissioners must obtain one new appraisal of the real property pursuant to the provisions of NRS 244.2795 before listing the real property for sale or lease at the new appraised value.

      2.  If real property is sold or leased in violation of the provisions of this section:

      (a) The sale or lease is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.

      3.  As used in this section, “flood control facility” has the meaning ascribed to it in NRS 244.276.

      Sec. 4. NRS 244.282 is hereby amended to read as follows:

      244.282  1.  Except as otherwise provided in NRS 244.279, before ordering the sale at auction of any real property, the board shall, in open meeting by a majority vote of the members, adopt a resolution declaring its intention to sell the real property at auction. The resolution must:

      (a) Describe the real property proposed to be sold in such a manner as to identify it.

      (b) Specify the minimum price and the terms upon which it will be sold.

      (c) Fix a time, not less than 3 weeks thereafter, for [a] the auction to be held:

             (1) At a public meeting of the board [to be held] at its regular place of meeting, at which sealed bids will be received and considered [.] ; or

             (2) On an Internet website or other electronic medium.

      (d) If the auction is to be held on an Internet website or other electronic medium, specify:

             (1) The Internet website or other electronic medium;

             (2) The manner in which electronic bids will be accepted; and

             (3) The period during which bids will be accepted.

 


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      2.  Notice of the adoption of the resolution and of the time , [and] place and manner of holding the [meeting] auction must be given by:

      (a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and

      (b) Causing to be published at least once a week for 3 successive weeks before the [meeting,] auction, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth [:] in bold face type:

             (1) A description of the real property proposed to be sold at auction in such a manner as to identify it;

             (2) The minimum price of the real property proposed to be sold at auction; and

             (3) The places at which the resolution described in subsection 1 has been posted pursuant to paragraph (a), and any other places at which copies of that resolution may be obtained.

Ê If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.

      3.  If the auction is held at a meeting of the board:

      (a) At the time and place fixed in the resolution for the meeting of the board, all sealed bids which have been received must, in public session, be opened, examined and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to sell and which are made by responsible bidders, the bid which is the highest must be finally accepted, unless a higher oral bid is accepted or the board rejects all bids.

      [4.](b) Before accepting any written bid, the board shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to buy the real property upon the terms and conditions specified in the resolution, for a price exceeding by at least 5 percent the highest written bid, then the highest oral bid which is made by a responsible person must be finally accepted.

      [5.](c) The [final acceptance by the] board may [be made] either at the same session or at any adjourned session of the same meeting held within the next 10 business days [next following.

      6.  The board may, either at the same session or at any adjourned session of the same meeting held within the 10 days next following, if it] :

             (1) Make a final acceptance of the highest bid; or

             (2) Reject any and all bids, either written or oral, and withdraw the real property from sale if the board deems such action to be for the best public interest.

      4.  If the auction is held on the Internet or other electronic medium:

      (a) At the time and place fixed in the resolution for holding the auction, any person may submit a bid in the manner and on the Internet website or other electronic medium specified in the resolution. Bidding must remain open for the period of time specified in the resolution.

      (b) The county and the employees of the county are not liable for the failure of a computer, laptop or tablet computer, smartphone or any other electronic medium or device, including, without limitation, hardware, software or application, computer network or Internet website, which prevents a person from participating in the auction.

 


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ê2019 Statutes of Nevada, Page 1036 (CHAPTER 195, SB 36)ê

 

      (c) The board shall, at the next regularly scheduled meeting of the board after bidding has closed:

             (1) Make a final acceptance of the highest bid; or

             (2) If the board deems the action to be for the best public interest, reject any and all bids [, either written or oral,] and withdraw the real property from sale.

      [7.]5.  Any resolution of acceptance of any bid made by the board must authorize and direct the chair to execute a deed and to deliver it upon performance and compliance by the purchaser with all the terms or conditions of the purchaser’s contract which are to be performed concurrently therewith.

      [8.]6.  All money received from sales of real property must be deposited forthwith with the county treasurer to be credited to the county general fund.

      [9.]7.  The board may require any person requesting that real property be sold pursuant to the provisions of this section to deposit a sufficient amount of money to pay the costs to be incurred by the board in acting upon the application, including the costs of publication and the expenses of appraisal. This deposit must be refunded whenever the person making the deposit is not the successful bidder. The costs of acting upon the application, including the costs of publication and the expenses of appraisal [,] and any related costs, must be borne by the successful bidder.

      [10.]8.  If real property is sold in violation of the provisions of this section:

      (a) The sale is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale.

      Sec. 5. NRS 266.267 is hereby amended to read as follows:

      266.267  1.  A city council shall not enter into a lease of real property owned by the city for a term of 3 years or longer or enter into a contract for the sale of real property until after the property has been appraised pursuant to NRS 268.059. Except as otherwise provided in this section, paragraph (a) of subsection 1 of NRS 268.050 and subsection 3 of NRS 496.080:

      (a) The sale or lease of real property must be made in the manner required pursuant to NRS 268.059, 268.061 and 268.062; and

      (b) A lease or sale must be made at or above the [highest] appraised value of the real property or average of the appraised value if two or more appraisals were obtained as determined pursuant to the appraisal or appraisals, as applicable, conducted pursuant to NRS 268.059.

      2.  The city council may sell or lease real property for less than its appraised value or average of the appraised value, as applicable, to any person who maintains or intends to maintain a business within the boundaries of the city which is eligible pursuant to NRS 374.357 for an abatement from the sales and use taxes imposed pursuant to chapter 374 of NRS.

      Sec. 6. NRS 268.059 is hereby amended to read as follows:

      268.059  1.  Except as otherwise provided in NRS 268.048 to 268.058, inclusive, 268.064, 278.479 to 278.4965, inclusive, and subsection 4 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for the sale or lease of real property to the State or another governmental entity and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, primary or general city election or special election, the governing body shall, when offering any real property for sale or lease:

 


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agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for the sale or lease of real property to the State or another governmental entity and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, primary or general city election or special election, the governing body shall, when offering any real property for sale or lease:

      (a) Except as otherwise provided in this paragraph [,] and paragraph (h) of subsection 1 of NRS 268.061, obtain two independent appraisals of the real property before selling or leasing it. If the governing body holds a public hearing on the matter of the fair market value of the real property, one independent appraisal of the real property is sufficient before selling or leasing it. The appraisal or appraisals, as applicable, must be based on the zoning of the real property as set forth in the master plan for the city and must have been prepared not more than 6 months before the date on which real property is offered for sale or lease.

      (b) Select the one independent appraiser or two independent appraisers, as applicable, from the list of appraisers established pursuant to subsection 2.

      (c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the governing body as to the qualifications of the appraiser is conclusive.

      2.  The governing body shall adopt by ordinance the procedures for creating or amending a list of appraisers qualified to conduct appraisals of real property offered for sale or lease by the governing body. The list must:

      (a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised; and

      (b) Be organized at random and rotated from time to time.

      3.  An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income of the appraiser that may constitute a conflict of interest and any relationship of the appraiser with the property owner or the owner of an adjoining property.

      4.  An appraiser shall not perform an appraisal on any real property offered for sale or lease by the governing body if:

      (a) The appraiser has an interest in the real property or an adjoining property;

      (b) The real property is located in a city in a county whose population is 45,000 or more and any person who is related to the appraiser has an interest in the real property or an adjoining property and the relationship between the appraiser and the person is within the third degree of consanguinity or affinity; or

      (c) The real property is located in a city in a county whose population is less than 45,000 and any person who is related to the appraiser has an interest in the real property or an adjoining property and the relationship between the appraiser and the person is within the second degree of consanguinity or affinity.

      5.  If real property is sold or leased in violation of the provisions of this section:

 


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      (a) The sale or lease is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.

      Sec. 7. NRS 268.061 is hereby amended to read as follows:

      268.061  1.  Except as otherwise provided in this subsection and NRS 268.048 to 268.058, inclusive, 268.063, 268.064, 278.479 to 278.4965, inclusive, and subsection 4 of NRS 496.080, except as otherwise provided by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, primary or general city election or special election:

      (a) If a governing body has determined by resolution that the sale or lease of any real property owned by the city will be in the best interest of the city, it may sell or lease the real property in the manner prescribed for the sale or lease of real property in NRS 268.062.

      (b) Before the governing body may sell or lease any real property as provided in paragraph (a), it shall:

             (1) Post copies of the resolution described in paragraph (a) in three public places in the city; and

             (2) Cause to be published at least once a week for 3 successive weeks, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:

                   (I) A description of the real property proposed to be sold or leased in such a manner as to identify it;

                   (II) The minimum price, if applicable, of the real property proposed to be sold or leased; and

                   (III) The places at which the resolution described in paragraph (a) has been posted pursuant to subparagraph (1), and any other places at which copies of that resolution may be obtained.

Ê If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.

      (c) If the governing body by its resolution finds additionally that the real property to be sold is worth more than $1,000, the governing body shall, as applicable, conduct an appraisal or appraisals pursuant to NRS 268.059 to determine the value of the real property. Except for real property acquired pursuant to NRS 371.047, the governing body shall not sell or lease it for less than [the highest appraised value.] :

             (1) If two independent appraisals were obtained, the average of the appraisals of the real property.

             (2) If only one independent appraisal was obtained, the appraised value of the real property.

      (d) If the real property is appraised at $1,000 or more, the governing body may:

 


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ê2019 Statutes of Nevada, Page 1039 (CHAPTER 195, SB 36)ê

 

             (1) Lease the real property; or

             (2) Sell the real property for:

                   (I) Cash; or

                   (II) Not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust bearing such interest and upon such further terms as the governing body may specify.

      (e) A governing body may sell or lease any real property owned by the city without complying with the provisions of this section and NRS 268.059 and 268.062 to:

             (1) A person who owns real property located adjacent to the real property to be sold or leased if the governing body has determined by resolution that the sale or lease will be in the best interest of the city and the real property is a:

                   (I) Remnant that was separated from its original parcel due to the construction of a street, alley, avenue or other thoroughfare, or portion thereof, flood control facility or other public facility;

                   (II) Parcel that, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the real property offered for sale or lease; or

                   (III) Parcel which is subject to a deed restriction prohibiting the use of the real property by anyone other than the person who owns real property adjacent to the real property offered for sale or lease.

             (2) The State or another governmental entity if:

                   (I) The sale or lease restricts the use of the real property to a public use; and

                   (II) The governing body adopts a resolution finding that the sale or lease will be in the best interest of the city.

      (f) A governing body that disposes of real property pursuant to paragraph (e) is not required to offer to reconvey the real property to the person from whom the real property was received or acquired by donation or dedication.

      (g) If real property that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the real property, the governing body may offer the real property for sale or lease a second time pursuant to this section. [If there is a material change relating to the title, zoning or an ordinance governing the use of the real property, the] The governing body must obtain a new appraisal or appraisals, as applicable, of the real property pursuant to the provisions of NRS 268.059 before offering the real property for sale or lease a second time [.] if:

             (1) There is a material change relating to the title, zoning or an ordinance governing the use of the real property; or

             (2) The appraisal or appraisals, as applicable, were prepared more than 6 months before the date on which the real property is offered for sale or lease the second time.

      (h) If real property that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the real property, the governing body may list the real property for sale or lease at the appraised value or average of the appraised value if two or more appraisals were obtained, as applicable, with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the real property or an adjoining property.

 


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ê2019 Statutes of Nevada, Page 1040 (CHAPTER 195, SB 36)ê

 

first degree of consanguinity or affinity does not have an interest in the real property or an adjoining property. If the appraisal or appraisals, as applicable, were prepared more than 6 months before the date on which the real property is listed with a licensed real estate broker, the governing body must obtain one new appraisal of the real property pursuant to the provisions of NRS 268.059 before listing the real property for sale or lease at the new appraised value.

      2.  If real property is sold or leased in violation of the provisions of this section:

      (a) The sale or lease is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.

      Sec. 8. NRS 268.062 is hereby amended to read as follows:

      268.062  1.  Except as otherwise provided in this section and NRS 268.048 to 268.058, inclusive, 268.063, 268.064, 278.479 to 278.4965, inclusive, and subsection 4 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, the governing body shall, in open meeting by a majority vote of the members and before ordering the sale or lease at auction of any real property, adopt a resolution declaring its intention to sell or lease the real property at auction. The resolution must:

      (a) Describe the real property proposed to be sold or leased in such a manner as to identify it;

      (b) Specify the minimum price and the terms upon which the real property will be sold or leased; and

      (c) Fix a time, not less than 3 weeks thereafter, for [a] the auction to be held:

             (1) At a public meeting of the governing body [to be held] at its regular place of meeting, at which sealed bids will be received and considered [.] ; or

             (2) On an Internet website or other electronic medium.

      (d) If the auction is to be held on an Internet website or other electronic medium, specify:

             (1) The Internet website or other electronic medium;

             (2) The manner in which electronic bids will be accepted; and

             (3) The period during which bids will be accepted.

      2.  Notice of the adoption of the resolution and of the time , [and] place and manner of holding the [meeting] auction must be given by:

      (a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and

      (b) Causing to be published at least once a week for 3 successive weeks before the [meeting,] auction, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth [:] in bold face type:

 


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ê2019 Statutes of Nevada, Page 1041 (CHAPTER 195, SB 36)ê

 

NRS that is published in the county in which the real property is located, a notice setting forth [:] in bold face type:

             (1) A description of the real property proposed to be sold or leased at auction in such a manner as to identify it;

             (2) The minimum price of the real property proposed to be sold or leased at auction; and

             (3) The places at which the resolution described in subsection 1 has been posted pursuant to paragraph (a), and any other places at which copies of that resolution may be obtained.

Ê If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.

      3.  If the auction is held at a meeting of the governing body:

      (a) At the time and place fixed in the resolution for the meeting of the governing body, all sealed bids which have been received must, in public session, be opened, examined and declared by the governing body. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to sell or lease and which are made by responsible bidders, the bid which is the highest must be finally accepted, unless a higher oral bid is accepted or the governing body rejects all bids.

      [4.](b) Before accepting any written bid, the governing body shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to buy or lease the real property upon the terms and conditions specified in the resolution, for a price exceeding by at least 5 percent the highest written bid, then the highest oral bid which is made by a responsible person must be finally accepted.

      [5.](c) The [final acceptance by the] governing body may , [be made] either at the same session or at any adjourned session of the same meeting held within the next 21 days [next following.

      6.  The governing body may, either at the same session or at any adjourned session of the same meeting held within the 21 days next following, if it] :

             (1) Make a final acceptance of the highest bid; or

             (2) Reject any and all bids, either written or oral, and withdraw the real property from sale if the governing body deems such action to be for the best public interest.

      4.  If the auction is held on an Internet website or other electronic medium:

      (a) At the time and place fixed in the resolution for holding the auction, any person may submit a bid in the manner and on the Internet website or other electronic medium specified in the resolution. Bidding must remain open for the period of time specified in the resolution.

      (b) The city and employees of the city are not liable for the failure of a computer, laptop or tablet computer, smartphone or any other electronic medium or device, including, without limitation, hardware, software or application, computer network or Internet website, which prevents a person from participating in an auction.

      (c) The governing body shall, at the next regularly scheduled meeting of the governing body after bidding has closed:

 


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             (1) Make a final acceptance of the highest bid; or

             (2) If the governing body deems the action to be for the best public interest, reject any and all bids [, either written or oral,] and withdraw the real property from sale or lease.

      [7.]5.  Any resolution of acceptance of any bid made by the governing body must authorize and direct the chair of the governing body to execute a deed or lease and to deliver it upon performance and compliance by the purchaser or lessor with all the terms or conditions of the contract which are to be performed concurrently therewith.

      [8.]6.  The governing body may require any person requesting that real property be sold pursuant to the provisions of this section to deposit a sufficient amount of money to pay the costs to be incurred by the governing body in acting upon the application, including the costs of publication and the expenses of appraisal. This deposit must be refunded whenever the person making the deposit is not the successful bidder. The costs of acting upon the application, including the costs of publication and the expenses of appraisal [,] and any related costs, must be borne by the successful bidder.

      [9.]7.  If real property is sold or leased in violation of the provisions of this section:

      (a) The sale or lease is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.

________

CHAPTER 196, SB 41

Senate Bill No. 41–Committee on Education

 

CHAPTER 196

 

[Approved: May 29, 2019]

 

AN ACT relating to education; revising provisions governing the membership of the Commission on Professional Standards in Education; eliminating the special qualifications license to teach; revising provisions relating to the granting of additional licenses to teachers; revising provisions relating to applications for a license to be a teacher or other educational personnel; authorizing the Department of Education to require annual background checks of employees who have access to certain confidential information; revising provisions relating to the notification of employees whose licenses are near expiration; revising provisions governing the disclosure of certain information about licensed personnel; revising provisions related to the suspension or revocation of a license of any teacher, administrator or other licensed employee; establishing provisions relating to hearings conducted by the State Board of Education; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Commission on Professional Standards in Education and provides that the Commission consists of eleven members who are appointed by the Governor, including two members who are administrators of schools who are employed by a school district or charter school to provide administrative service at an individual school.

 


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employed by a school district or charter school to provide administrative service at an individual school. (NRS 391.011) Section 4.5 of this bill requires the Commission to include: (1) one member who is such an administrator; and (2) one member who is the superintendent of schools of a school district.

      Existing law authorizes the Superintendent of Public Instruction to issue a special qualifications license, which authorizes a person who holds a postsecondary degree and meets certain other requirements to teach in designated grades and designated subject matters within the field of his or her degree. (NRS 391.019, 391.031, 391.033). Sections 5 and 8 of this bill eliminate this type of license. Sections 1, 6 and 12 of this bill make conforming changes.

      Existing law requires the Commission on Professional Standards in Education to prescribe regulations for licensing teachers and other educational personnel. (NRS 391.019) Section 5 makes nonsubstantive changes to these provisions for clarification purposes by: (1) requiring a qualified provider to provide in-person or virtual supervised, school-based experiences; and (2) removing the specific examples of middle school or junior high school education and the endorsement to teach English as a second language.

      Existing law requires the Commission to submit a report containing certain information to the State Board of Education and the Legislative Committee on Education on or before December 1 each year. (NRS 391.028) Section 7 of this bill changes the date of submission to on or before December 31.

      Existing law authorizes the Superintendent to issue to a teacher licensed to teach elementary education, middle school or junior high school education or secondary education an additional license to teach outside the teacher’s grade level and experience if he or she meets the course requirements and qualifications for the license. (NRS 391.0315) Section 9 of this bill expands the teachers and licenses that qualify under this provision to include early childhood education and requires that such teachers meet any competency testing requirements.

      Existing law requires every applicant to be licensed as a teacher or other educational personnel to submit to a background investigation and requires a license to be issued if the information obtained as a result of the background investigation does not indicate that the applicant has committed certain types of conduct. (NRS 391.033) Section 10.5 of this bill provides that the following would result in a license not being issued: (1) an indication that there has been a substantiated report of abuse or neglect of a child; and (2) an indication that the applicant has a warrant for his or her arrest. Section 10.5 provides that if the information indicates that a substantiated report of child abuse or neglect exists against the applicant, the Superintendent shall: (1) suspend the application process; (2) notify the applicant of the substantiated report; and (3) provide the applicant with an opportunity to rebut the substantiated report.

      Existing law requires teachers initially licensed on or after July 1, 2015, to complete a course in multicultural education meeting certain requirements prescribed by the Commission. (NRS 391.0347) Sections 11 and 29 of this bill instead apply this requirement to teachers initially licensed on or after July 1, 2019.

      Existing law provides that certain information provided in an application for a license as a teacher or to perform other educational functions is confidential. (NRS 391.035) Section 11.5 of this bill authorizes the Department of Education to require an employee who has access to such confidential information to annually submit fingerprints and written authorization to forward such fingerprints to the Central Repository for Nevada Records of Criminal History. Section 11.5 further authorizes the Department to deny an employee access to confidential information provided in an application if the information obtained from the Central Repository indicates that the employee has been convicted of a felony or any offense involving moral turpitude.

      Section 13 of this bill eliminates the requirement that the board of trustees for each school district must notify each licensed employee of the expiration date of his or her license not later than 6 months before the expiration date. Section 13 instead requires the Department to notify licensed personnel whose license is within 9 months of expiring of the date on which the license will expire.

 


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requires the Department to notify licensed personnel whose license is within 9 months of expiring of the date on which the license will expire.

      Upon the request of a parent or legal guardian of a pupil who is enrolled in a public school, section 16 of this bill requires the board of trustees of the school district in which the school is located or the governing body of a charter school to provide to the parent or guardian information regarding the professional qualifications of any licensed employee of the public school in which the pupil is enrolled. Section 16 additionally requires that such information include the competency examinations passed by the teacher.

      Existing law requires that certain notice be given to a licensee before the revocation or suspension of his or her license and that the licensee be given the opportunity for a hearing. (NRS 391.322) Section 23 of this bill revises the provisions relating to the recommendation to suspend or revoke a license when the Department receives notice of certain convictions. Section 25 authorizes the State Board to issue a letter of reprimand to any teacher, administrator or licensed employee upon receiving notice of certain types of conduct. Section 27 of this bill adds requirements for the rules of procedure of such hearings and revises provisions related to the parties that will bear certain costs of such hearings.

 

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 385.635 is hereby amended to read as follows:

      385.635  1.  The Office of Parental Involvement and Family Engagement created by NRS 385.630 shall:

      (a) Review and evaluate the programs implemented by the school districts and public schools, including, without limitation, programs which are supported in part with money received from the Federal Government, for carrying out and increasing parental involvement and family engagement in the public schools. The review and evaluation must include an identification of current strategies and practices for effective parental involvement and family engagement.

      (b) Develop a list of practices which have been proven effective in increasing the involvement of parents and the engagement of families in the education of their children, including, without limitation, practices that increase the ability of school districts and public schools to effectively reengage parents and families and provide those parents and families with the skills and resources necessary to support the academic achievement of their children.

      (c) Work in cooperation with the Statewide Council for the Coordination of the Regional Training Programs in carrying out the duties of the Office, including, without limitation, the establishment of a statewide training program concerning parental involvement and family engagement required pursuant to NRS 391A.135.

      (d) Provide information to the school districts and public schools on the availability of competitive grants for programs which offer:

             (1) Professional development for educational personnel on practices to reengage disengaged parents and families in the education of their children;

             (2) Training for parents and families in skills of leadership and volunteerism;

             (3) Family literacy training;

 


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             (4) Home visitation programs to encourage the involvement of parents and the engagement of families in the education of their children; and

             (5) Other innovative programs that are designed to increase the involvement of parents and the engagement of families in the academic achievement of their children.

      (e) Provide support to those school districts which have established an advisory council on parental involvement and family engagement pursuant to NRS 385.625 and encourage those school districts which have not established such an advisory council to consider creating an advisory council for the school district.

      (f) Build the capacity of public schools to work in collaboration with parents to establish policies for the involvement of parents and the engagement of families, including, without limitation, policies that focus on partnerships between public schools and the parents and families of children enrolled in public schools and the empowerment of parents and families in support of the education of their children.

      (g) Work in cooperation with the Commission on Professional Standards in Education in developing the regulations required by paragraph [(k)] (g) of subsection 1 of NRS 391.019 and monitoring the implementation of those regulations.

      (h) Establish, in collaboration with the State Board, guidelines to assist parents and families in helping their children achieve the standards of content and performance adopted by the State Board pursuant to NRS 389.520.

      (i) Collaborate with the Nevada State Parent Information and Resource Center, the Parent Training and Information Centers, the Nevada Parent Teacher Association, the Advisory Council and the teachers who are trained to serve as liaisons to parents and legal guardians of pupils enrolled in public schools to plan and implement a statewide summit on parental involvement and family engagement, which must be held at least biennially. After each summit, the Office of Parental Involvement and Family Engagement shall evaluate the success of the summit in consultation with the entities identified in this paragraph.

      (j) Assist each school district and the public schools within the school district with incorporating strategies and practices for effective parental involvement and family engagement into the plans to improve the achievement of pupils prepared by the public schools pursuant to NRS 385A.650.

      (k) Work in partnership with the Advisory Council to:

             (1) Review and evaluate the annual reports of accountability prepared by the board of trustees of each school district pursuant to NRS 385A.070 relating to parental involvement and family engagement in the school districts and public schools;

             (2) Review and evaluate the plans to improve the achievement of pupils prepared by each public school pursuant to NRS 385A.650 relating to the strategies and practices for effective parental involvement and family engagement incorporated into the plans; and

             (3) Review the status of the implementation of the provisions of this section and the effectiveness of the Office in carrying out the duties prescribed in this section.

      2.  On or before August 1 of each year, the Office of Parental Involvement and Family Engagement shall prepare a report which includes a summary of the:

 


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      (a) Status of the progress made by the school districts and public schools in effectively involving parents and engaging families in the education of their children and an identification of any areas where further improvement is needed; and

      (b) Activities of the Office during the immediately preceding school year, including the progress made by the Office, in consultation with the Advisory Council, in assisting the school districts and public schools with increasing the effectiveness of involving parents and engaging families in the education of their children.

      3.  The Department shall post on its Internet website:

      (a) The list of practices developed by the Office of Parental Involvement and Family Engagement pursuant to paragraph (b) of subsection 1;

      (b) The report prepared by the Office pursuant to subsection 2; and

      (c) Any other information that the Office finds useful for the school districts, public schools, parents, families and general public relating to effective parental involvement and family engagement.

      Secs. 2-4. (Deleted by amendment.)

      Sec. 4.5. NRS 391.011 is hereby amended to read as follows:

      391.011  1.  The Commission on Professional Standards in Education, consisting of eleven members appointed by the Governor, is hereby created.

      2.  Five members of the Commission must be teachers who teach in the classroom as follows:

      (a) One who holds a license to teach secondary education and teaches in a secondary school.

      (b) One who holds a license to teach middle school or junior high school education and teaches in a middle school or junior high school.

      (c) One who holds a license to teach elementary education and teaches in an elementary school.

      (d) One who holds a license to teach special education and teaches special education.

      (e) One who holds a license to teach pupils in a program of early childhood education and teaches in a program of early childhood education.

      3.  The remaining members of the Commission must include:

      (a) One school counselor, psychologist, speech-language pathologist, audiologist, or social worker who is licensed pursuant to this chapter and employed by a school district or charter school.

      (b) [Two administrators of schools who are] One administrator of a school who is employed by a school district or charter school to provide administrative service at an individual school. Such [administrators] an administrator must not provide service at the district level.

      (c) The dean of the College of Education at one of the universities in the Nevada System of Higher Education, or a representative of one of the Colleges of Education nominated by such a dean for appointment by the Governor.

      (d) One member who is the parent or legal guardian of a pupil enrolled in a public school.

      (e) One member who has expertise and experience in the operation of a business.

      (f) One member who is the superintendent of schools of a school district.

      4.  Three of the five appointments made pursuant to subsection 2 must be made from a list of names of at least three persons for each position that is submitted to the Governor by an employee organization representing the majority of teachers in the State who teach in the educational level from which the appointment is being made.

 


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submitted to the Governor by an employee organization representing the majority of teachers in the State who teach in the educational level from which the appointment is being made.

      5.  The appointment made pursuant to:

      (a) Paragraph (a) of subsection 3 must be made from a list of names of at least three persons that is submitted to the Governor by an employee organization representing the majority of school counselors, psychologists, speech-language pathologists, audiologists or social workers in this State who are not administrators.

      (b) Paragraph (b) of subsection 3 must be made from a list of names of at least three persons [for each position] that is submitted to the Governor by the organization of administrators for schools in which the majority of administrators of schools in this State have membership.

      (c) Paragraph (d) of subsection 3 must be made from a list of names of persons submitted to the Governor by the Nevada Parent Teacher Association or its successor organization.

      (d) Paragraph (f) of subsection 3 must be made from a list of names of persons submitted to the Governor by the Nevada Association of School Superintendents.

      Sec. 5. NRS 391.019 is hereby amended to read as follows:

      391.019  1.  Except as otherwise provided in NRS 391.027, the Commission shall adopt regulations:

      (a) Prescribing the qualifications for licensing teachers and other educational personnel [, including, without limitation, the qualifications for a license to teach middle school or junior high school education,] and the procedures for the issuance and renewal of those licenses. The regulations:

             (1) Must include, without limitation, the qualifications for licensing teachers and administrators pursuant to an alternative route to licensure which provides that the required education and training may be provided by any qualified provider which has been approved by the Commission, including, without limitation, institutions of higher education and other providers that operate independently of an institution of higher education. The regulations adopted pursuant to this subparagraph must:

                   (I) Establish the requirements for approval as a qualified provider;

                   (II) Require a qualified provider to be selective in its acceptance of students;

                   (III) Require a qualified provider to provide in-person or virtual supervised, school-based experiences and ongoing support for its students, such as mentoring and coaching;

                   (IV) Significantly limit the amount of course work required or provide for the waiver of required course work for students who achieve certain scores on tests;

                   (V) Allow for the completion in 2 years or less of the education and training required under the alternative route to licensure;

                   (VI) Provide that a person who has completed the education and training required under the alternative route to licensure and who has satisfied all other requirements for licensure may apply for a regular license pursuant to sub-subparagraph (VII) regardless of whether the person has received an offer of employment from a school district, charter school or private school; and

                   (VII) Upon the completion by a person of the education and training required under the alternative route to licensure and the satisfaction of all other requirements for licensure, provide for the issuance of a regular license to the person pursuant to the provisions of this chapter and the regulations adopted pursuant to this chapter.

 


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of all other requirements for licensure, provide for the issuance of a regular license to the person pursuant to the provisions of this chapter and the regulations adopted pursuant to this chapter.

             (2) Must require an applicant for a license to teach middle school or junior high school education or secondary education to demonstrate proficiency in a field of specialization or area of concentration by successfully completing course work prescribed by the Department or completing a subject matter competency examination prescribed by the Department with a score deemed satisfactory.

             (3) Must not prescribe qualifications which are more stringent than the qualifications set forth in NRS 391.0315 for a licensed teacher who applies for an additional license in accordance with that section.

      (b) Identifying fields of specialization in teaching which require the specialized training of teachers.

      (c) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization . [, including, without limitation, an endorsement to teach English as a second language.]

      (d) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.

      (e) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting.

      (f) Requiring teachers and other educational personnel to be registered with the Aging and Disability Services Division pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting if they:

             (1) Provide instruction or other educational services; and

             (2) Concurrently engage in the practice of interpreting, as defined in NRS 656A.060.

      (g) [Providing for the issuance and renewal of a special qualifications license to an applicant who holds a bachelor’s degree, a master’s degree or a doctoral degree from an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and who has:

             (1) At least 2 years of experience teaching at an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and at least 3 years of experience working in that field; or

             (2) At least 5 years of experience working in a field for which the applicant will provide instruction in a classroom.

Ê An applicant for licensure pursuant to this paragraph who holds a bachelor’s degree must submit proof of participation in a program of student teaching or mentoring or agree to participate in a program of mentoring or courses of pedagogy for the first 2 years of the applicant’s employment as a teacher with a school district or charter school.

      (h) Requiring an applicant for a special qualifications license to:

             (1) Pass each examination required by subsection 1 of NRS 391.021 for the specific subject or subjects in which the applicant will provide instruction; or

 


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             (2) Hold a valid license issued by a professional licensing board of any state that is directly related to the subject area of the bachelor’s degree, master’s degree or doctoral degree held by the applicant.

      (i) Setting forth the subject areas that may be taught by a person who holds a special qualifications license, based upon the subject area of the bachelor’s degree, master’s degree or doctoral degree held by that person.

      (j) Providing for the issuance and renewal of a special qualifications license to an applicant who:

             (1) Holds a bachelor’s degree or a graduate degree from an accredited college or university in the field for which the applicant will be providing instruction;

             (2) Is not licensed to teach public school in another state;

             (3) Has at least 5 years of experience teaching with satisfactory evaluations at a school that is accredited by a national or regional accrediting agency recognized by the United States Department of Education; and

             (4) Submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring for the first year of the applicant’s employment as a teacher with a school district or charter school if the applicant holds a graduate degree or, if the applicant holds a bachelor’s degree, submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring or courses of pedagogy for the first 2 years of his or her employment as a teacher with a school district or charter school.

Ê An applicant for licensure pursuant to this paragraph is exempt from each examination required by subsection 1 of NRS 391.021 if the applicant successfully passed the examination in another state.

      (k)] Prescribing course work on parental involvement and family engagement. The Commission shall work in cooperation with the Office of Parental Involvement and Family Engagement created by NRS 385.630 in developing the regulations required by this paragraph.

      [(l)](h) Establishing the requirements for obtaining an endorsement on the license of a teacher, administrator or other educational personnel in cultural competency.

      2.  Except as otherwise provided in NRS 391.027, the Commission may adopt such other regulations as it deems necessary for its own government or to carry out its duties.

      3.  Any regulation which increases the amount of education, training or experience required for licensing:

      (a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.

      (b) Must not become effective until at least 1 year after the date it is adopted by the Commission.

      (c) Is not applicable to a license in effect on the date the regulation becomes effective.

      [4.  A person who is licensed pursuant to paragraph (g) or (j) of subsection 1:

      (a) Shall comply with all applicable statutes and regulations.

      (b) Except as otherwise provided by specific statute, is entitled to all benefits, rights and privileges conferred by statutes and regulations on licensed teachers.

 


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      (c) Except as otherwise provided by specific statute, if the person is employed as a teacher by the board of trustees of a school district or the governing body of a charter school, is entitled to all benefits, rights and privileges conferred by statutes and regulations on the licensed employees of a school district or charter school, as applicable.]

      Sec. 6.  NRS 391.021 is hereby amended to read as follows:

      391.021 Except as otherwise provided in [paragraph (j) of subsection 1 of NRS 391.019 and] NRS 391.027, the Commission shall adopt regulations governing examinations for the initial licensing of teachers and other educational personnel. The regulations adopted by the Commission must ensure that the examinations test the ability of the applicant to teach and the applicant’s knowledge of each specific subject he or she proposes to teach. Teachers and educational personnel from another state who obtain a reciprocal license pursuant to NRS 391.032 are not required to take the examinations for the initial licensing of teachers and other educational personnel described in this section or any other examination for initial licensing required by the regulations adopted by the Commission.

      Sec. 7. NRS 391.028 is hereby amended to read as follows:

      391.028  On or before December [1] 31 of each year, the Commission shall submit a written report to the State Board and the Legislative Committee on Education. The report must include, without limitation:

      1.  A summary of the regulations adopted by the Commission and the status of those regulations;

      2.  A work plan which designates the proposed activities of the Commission during the next year; and

      3.  A description of the progress and status of each regulation relating to the licensure of educational personnel which the Commission is required to adopt pursuant to a legislative measure enacted within the two previous regular sessions of the Legislature or any special session of the Legislature occurring within that time. If the Commission has not adopted a required regulation, the Commission shall include in the report a detailed explanation describing the reasons each regulation was not adopted.

      Sec. 8. NRS 391.031 is hereby amended to read as follows:

      391.031  There are the following kinds of licenses for teachers and other educational personnel in this State:

      1.  A license to teach pupils in a program of early childhood education, which authorizes the holder to teach in any program of early childhood education in the State.

      2.  A license to teach elementary education, which authorizes the holder to teach in any elementary school in the State.

      3.  A license to teach middle school or junior high school education, which authorizes the holder to teach in his or her major or minor field of preparation or in both fields in any middle school or junior high school. He or she may teach only in these fields unless an exception is approved pursuant to regulations adopted by the Commission.

      4.  A license to teach secondary education, which authorizes the holder to teach in his or her major or minor field of preparation or in both fields in any secondary school. He or she may teach only in these fields unless an exception is approved pursuant to regulations adopted by the Commission.

      5.  A license to teach special education, which authorizes the holder to teach pupils with disabilities or gifted and talented pupils, or both.

 


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      6.  A special license, which authorizes the holder to teach or perform other educational functions in a school or program as designated in the license.

      [7.  A special license designated as a special qualifications license, which authorizes the holder to teach only in the grades and subject areas designated in the license. A special qualifications license is valid for 3 years and may be renewed in accordance with the applicable regulations of the Commission adopted pursuant to paragraph (g) or (j) of subsection 1 of NRS 391.019.]

      Sec. 9. NRS 391.0315 is hereby amended to read as follows:

      391.0315  1.  A person licensed to teach early childhood education, elementary education, middle school or junior high school education or secondary education in this State may apply for and the Superintendent of Public Instruction may issue to that person an additional license to teach early childhood education, elementary education, middle school or junior high school education or secondary education, other than for teaching pupils with disabilities, which is outside the person’s grade level of experience if the applicant meets the course work requirements , competency testing requirements and qualifications for the license.

      2.  A licensed teacher who applies for an additional license pursuant to this section must not be required to participate in a program of student teaching as a condition for the issuance of the additional license if the applicant has 3 years of verified teaching experience.

      Sec. 10. (Deleted by amendment.)

      Sec. 10.5. NRS 391.033 is hereby amended to read as follows:

      391.033  1.  All licenses for teachers and other educational personnel are granted by the Superintendent of Public Instruction pursuant to regulations adopted by the Commission and as otherwise provided by law.

      2.  An application for the issuance of a license must include the social security number of the applicant.

      3.  Every applicant for a license must submit with his or her application:

      (a) A complete set of his or her fingerprints and written permission authorizing the Superintendent to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its initial report on the criminal history of the applicant and for reports thereafter upon renewal of the license pursuant to subsection 8 of NRS 179A.075, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant; and

      (b) Written authorization for the Superintendent to obtain any information concerning the applicant that may be available from the Statewide Central Registry and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant has resided within the immediately preceding 5 years.

      4.  In conducting an investigation into the background of an applicant for a license, the Superintendent may cooperate with any appropriate law enforcement agency to obtain information relating to the criminal history of the applicant, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant.

      5.  The Superintendent may issue a provisional license pending receipt of the reports of the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History if the Superintendent determines that the applicant is otherwise qualified.

      6.  Except as otherwise provided in subsection 7, a license must be issued to, or renewed for, as applicable, an applicant if:

 


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      (a) The Superintendent determines that the applicant is qualified;

      (b) The information obtained by the Superintendent pursuant to subsections 3 and 4:

             (1) Does not indicate that the applicant has been convicted of a felony or any offense involving moral turpitude [; or

             (2) Indicates] or indicates that the applicant has been convicted of a felony or an offense involving moral turpitude but the Superintendent determines that the conviction is unrelated to the position within the county school district or charter school for which the applicant applied or for which he or she is currently employed, as applicable; [and]

             (2) Does not indicate that there has been a substantiated report of abuse or neglect of a child, as defined in NRS 432B.020, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 made against the applicant in any state; and

             (3) Does not indicate that the applicant has a warrant for his or her arrest; and

      (c) For initial licensure, the applicant submits the statement required pursuant to NRS 391.034.

      7.  If, pursuant to subparagraph (2) of paragraph (b) of subsection 6, the information indicates that a substantiated report has been made against the applicant in any state, the Superintendent shall:

      (a) Suspend the application process;

      (b) Notify the applicant of the substantiated report; and

      (c) Provide the applicant an opportunity to rebut the substantiated report.

      8.  The Superintendent may deny an application for a license pursuant to this section if [a] :

      (a) A report on the criminal history of the applicant from the Federal Bureau of Investigation or the Central Repository for Nevada Records of Criminal History indicates that the applicant has been arrested for or charged with a sexual offense involving a minor or pupil, including, without limitation, any attempt, solicitation or conspiracy to commit such an offense [.

      8.]; and

      (b) The Superintendent [or his or her designee may deny the application for a license after providing written] provides to the applicant:

             (1) Written notice of his or her intent to deny the application ; [to the applicant] and [providing an]

             (2) An opportunity for the applicant to have a hearing.

      9.  To request a hearing pursuant to subsection 8, an applicant must submit a written request to the Superintendent within 15 days after receipt of the notice by the applicant. Such a hearing must be conducted in accordance with regulations adopted by the State Board. If no request for a hearing is filed within that time, the Superintendent may deny the license.

      10.  If the Superintendent denies an application for a license pursuant to this section, the Superintendent must, within 15 days after the date on which the application is denied, provide notice of the denial to the school district or charter school that employs the applicant if the applicant is employed by a school district or charter school. Such a notice must not state the reasons for denial.

      11.  The Department shall:

      (a) Maintain a list of the names of persons whose applications for a license are denied due to conviction of a sexual offense involving a minor;

 


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      (b) Update the list maintained pursuant to paragraph (a) monthly; and

      (c) Provide this list to the board of trustees of a school district or the governing body of a charter school upon request.

      12.  The Superintendent shall forward all information obtained from an investigation of an applicant pursuant to subsections 3 and 4 to the board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the administrator of a private school where the applicant is employed or seeking employment. Except as otherwise provided in this section, any information shared with the board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the administrator of a private school is confidential and must not be disclosed to any person other than the applicant. The board of trustees, governing body or administrator, as applicable, may use a substantiated report of the abuse or neglect of a child, as defined in NRS 392.281, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:

      (a) In making determinations concerning assignments, requiring retraining, imposing discipline, hiring or termination; and

      (b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.

      13.  The Superintendent, the board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the administrator of a private school may not be held liable for damages resulting from any action of the Superintendent, board of trustees, governing body or administrator, as applicable, authorized by subsection 4 or 12.

      14.  As used in this section, “sexual offense” has the meaning ascribed to it in NRS 179D.097.

      Sec. 11. NRS 391.0347 is hereby amended to read as follows:

      391.0347  1.  Any licensed teacher who is initially licensed on or after July 1, [2015,] 2019, except for a teacher who is licensed only as a substitute teacher, must submit with his or her first application for renewal of his or her license to teach proof of the completion of a course in multicultural education. If the licensed teacher is initially issued a nonrenewable license, he or she must submit such proof with his or her first application for a renewable license to teach.

      2.  The Commission shall adopt regulations:

      (a) That prescribe the required contents of a course in multicultural education which must be completed pursuant to this section;

      (b) That prescribe the number of credits which must be earned by a licensed teacher in a course in multicultural education; and

      (c) As otherwise necessary to carry out the requirements of this section.

      Sec. 11.5. NRS 391.035 is hereby amended to read as follows:

      391.035  1.  Except as otherwise provided in NRS 239.0115 and 391.033, an application to the Superintendent of Public Instruction for a license as a teacher or to perform other educational functions and all documents in the Department’s file relating to the application, including:

      (a) The applicant’s health records;

      (b) The applicant’s fingerprints and any report from the Federal Bureau of Investigation or the Central Repository for Nevada Records of Criminal History or information from the Statewide Central Registry or any equivalent registry maintained by a governmental agency in another jurisdiction;

 


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History or information from the Statewide Central Registry or any equivalent registry maintained by a governmental agency in another jurisdiction;

      (c) Transcripts of the applicant’s records at colleges or other educational institutions;

      (d) The applicant’s scores on the examinations administered pursuant to the regulations adopted by the Commission;

      (e) Any correspondence concerning the application; and

      (f) Any other personal information,

Ê are confidential.

      2.  It is unlawful to disclose or release the information in an application or any related document except pursuant to paragraph (d) of subsection 8 of NRS 179A.075 or the applicant’s written authorization.

      3.  The Department shall, upon request, make available the applicant’s file for inspection by the applicant during regular business hours.

      4.  The Department may annually require any employee of the Department who has access to information contained within an application or any related document to submit to the Department:

      (a) A complete set of his or her fingerprints and written permission authorizing the Department to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee; and

      (b) Written authorization for the Department to obtain any information concerning the applicant that may be available from the Statewide Central Registry and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant has resided within the immediately preceding 5 years.

      5.  If the information obtained by the Department pursuant to subsection 4 indicates that the employee has been convicted of a felony or any offense involving moral turpitude, the Department may take such action, as determined by the Department, to deny that employee access to information contained within an application or any related document.

      Sec. 12. NRS 391.037 is hereby amended to read as follows:

      391.037  1.  The Commission shall:

      (a) Prescribe by regulation the standards for approval of a course of study or training offered by an educational institution to qualify a person to be a teacher or administrator or to perform other educational functions. The regulations prescribed pursuant to this paragraph must include, without limitation, training on how to identify a pupil who is at risk for dyslexia or related disorders.

      (b) Maintain descriptions of the approved courses of study required to qualify for endorsements in fields of specialization and provide to an applicant, upon request, the approved course of study for a particular endorsement.

      2.  Except for an applicant who submits an application for the issuance of a license pursuant to subparagraph (1) of paragraph (a) [or paragraph (g) or (j)] of subsection 1 of NRS 391.019, an applicant for a license as a teacher or administrator or to perform some other educational function must submit with his or her application, in the form prescribed by the Superintendent of Public Instruction, proof that the applicant has satisfactorily completed a course of study and training approved by the Commission pursuant to subsection 1.

 


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      Sec. 13. NRS 391.042 is hereby amended to read as follows:

      391.042  1.  The Department shall:

      (a) Maintain a directory of the name of each person who holds a license issued pursuant to this chapter and the date on which his or her license expires;

      (b) Make the directory readily available to licensed educational personnel and to the general public on the Internet website maintained by the Department; and

      (c) Provide to the board of trustees of [each] a school district, [at the end of each calendar month,] upon the request of the board of trustees or upon the request of the human resources office of a school or school district acting on behalf of the board of trustees, an electronic file with a list of each licensed employee who is employed by the board of trustees and whose license will expire within the 9 months immediately following that calendar month.

      2.  The [board of trustees of a school district shall notify each licensed employee identified in the list received pursuant to paragraph (c) of subsection 1 of the date on which his or her license will expire. The notice must be provided not later than 6 months before the date of expiration of the license.] Department shall notify in writing each person who holds a license pursuant to this chapter whose license is within 9 months of expiring of the date on which his or her license will expire.

      Secs. 14 and 15. (Deleted by amendment.)

      Sec. 16. NRS 391.097 is hereby amended to read as follows:

      391.097  1.  Upon the request of a parent or legal guardian of a pupil who is enrolled in a public school, the board of trustees of the school district in which the school is located or the governing body of the charter school, as applicable, shall provide to the parent or guardian information regarding the professional qualifications of [the pupil’s teachers.] any licensed employee of the public school in which the pupil is enrolled. The State Board shall prescribe the time by which such information must be provided after receipt of the request by the school district or charter school. The information provided must include, without limitation:

      (a) For each teacher who provides instruction to the pupil:

             (1) Whether the teacher holds a license for the grade level and subject area in which the teacher provides instruction;

             (2) Whether the teacher is:

                   (I) Providing instruction pursuant to NRS 391.125;

                   (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teacher is employed; or

                   (III) Otherwise providing instruction without an endorsement for the subject area in which the teacher is employed; [and]

             (3) The degree held by the teacher and any other graduate certification or degree held by the teacher, including, without limitation, the field in which each degree or certification was obtained; and

             (4) The competency examinations passed by the teacher; and

      (b) If a paraprofessional, as defined in NRS 391.008, provides services to the pupil, the qualifications of the paraprofessional.

      2.  At the beginning of each school year, the board of trustees of each school district and the governing body of each charter school shall provide written notice to the parents and guardians of each pupil enrolled in a school within the school district or enrolled in the charter school, as applicable, that a parent or guardian may request information pursuant to subsection 1.

 


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within the school district or enrolled in the charter school, as applicable, that a parent or guardian may request information pursuant to subsection 1. The State Board shall prescribe the date by which the notice required by this subsection must be provided.

      3.  The information required pursuant to subsection 1 and the notice required pursuant to subsection 2 must be provided in a uniform and understandable format and, to the extent practicable, in a language that parents and guardians can understand.

      Secs. 17-22. (Deleted by amendment.)

      Sec. 23. NRS 391.322 is hereby amended to read as follows:

      391.322  1.  If the board of trustees of a school district , the governing body of a charter school or the Superintendent of Public Instruction or the Superintendent’s designee submits a recommendation to the State Board for the suspension or revocation of a license issued pursuant to this chapter, the State Board shall [give] send written notice of the recommendation to the person to whom the license has been issued [.] at the address on file with the Department.

      2.  A notice given pursuant to subsection 1 must contain:

      (a) A statement of the charge upon which the recommendation is based;

      (b) A copy of the recommendation received by the State Board;

      (c) A statement that the licensee is entitled to a hearing before a hearing officer if the licensee makes a written request for the hearing as provided by subsection 3; and

      (d) A statement that the grounds and procedure for the suspension or revocation of a license are set forth in NRS 391.320 to 391.361, inclusive.

      3.  A licensee to whom notice has been given pursuant to this section may request a hearing before a hearing officer selected pursuant to subsection 4. Such a request must be in writing and must be filed with the Superintendent of Public Instruction within 15 days after receipt of the notice by the licensee.

      4.  Upon receipt of a request filed pursuant to subsection 3, the Superintendent of Public Instruction shall request from the Hearings Division of the Department of Administration a list of potential hearing officers. The licensee requesting a hearing and the Superintendent of Public Instruction shall select a person to serve as hearing officer from the list provided by the Hearings Division of the Department of Administration by alternately striking one name until the name of only one hearing officer remains. The Superintendent of Public Instruction shall strike the first name.

      5.  Except as otherwise provided in subsection 6, if no request for a hearing is filed within the time specified in subsection 3, the State Board may suspend or revoke the license or take no action on the recommendation.

      6.  If the Department receives notice of a conviction of a licensee and the conviction is for an act which is a ground for the suspension or revocation of a license, the State Board shall immediately process the recommendation in accordance with the provisions of NRS 391.320 to 391.361, inclusive. If no request for a hearing is filed within the time specified in subsection 3, the State Board may accept, reject or modify the recommendation.

      Sec. 24. (Deleted by amendment.)

      Sec. 25. NRS 391.330 is hereby amended to read as follows:

      391.330  1.  The State Board may suspend or revoke the license of any teacher, administrator or other licensed employee, or may issue a letter of reprimand to any teacher, administrator or other licensed employee, after notice and an opportunity for hearing have been provided pursuant to NRS 391.322 and 391.323, for:

 


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reprimand to any teacher, administrator or other licensed employee, after notice and an opportunity for hearing have been provided pursuant to NRS 391.322 and 391.323, for:

      [1.  Immoral or unprofessional]

      (a) Unprofessional conduct.

      [2.](b) Immorality, as defined in NRS 391.650.

      (c) Evident unfitness for service.

      [3.](d) Physical or mental incapacity which renders the teacher, administrator or other licensed employee unfit for service.

      [4.](e) Conviction of a felony or crime involving moral turpitude.

      [5.](f) Conviction of a sex offense under NRS 200.366, 200.368, 201.190, 201.220, 201.230, 201.540 or 201.560 in which a pupil enrolled in a school of a county school district was the victim.

      [6.](g) Knowingly advocating the overthrow of the Federal Government or of the State of Nevada by force, violence or unlawful means.

      [7.](h) Persistent defiance of or refusal to obey the regulations of the State Board, the Commission or the Superintendent of Public Instruction, defining and governing the duties of teachers, administrators and other licensed employees.

      [8.](i) Breaches in the security or confidentiality of the questions and answers of the examinations that are administered pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610.

      [9.](j) Intentional failure to observe and carry out the requirements of a plan to ensure the security of examinations and assessments adopted pursuant to NRS 390.270 or 390.275.

      [10.](k) An intentional violation of NRS 388.497 or 388.499.

      [11.](l) Knowingly and willfully failing to comply with the provisions of NRS 388.1351.

      (m) A substantiated report of abuse or neglect of a child, as defined in NRS 432B.020, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 made against the applicant in any state.

      2.  The State Board shall adopt regulations governing the process by which a letter of reprimand may be issued to a teacher, administrator or other licensed employee pursuant to this section, including, without limitation, regulations concerning the time period during which a letter of reprimand will remain on the record of the teacher, administrator or other licensed employee.

      3.  A teacher, administrator or other licensed employee whose license is suspended pursuant to this section:

      (a) May apply to reinstate his or her license after the period of suspension, as determined by the State Board, is completed; and

      (b) If he or she applies to reinstate his or her license pursuant to paragraph (a), shall:

             (1) Submit a new application for licensure to the Department; and

             (2) Pay the appropriate fee for licensure.

      4.  A teacher, administrator or other licensed employee whose license is revoked may not apply to reinstate his or her license and the Department shall not grant a new license to such a person.

      Sec. 26. (Deleted by amendment.)

 


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      Sec. 27. NRS 391.355 is hereby amended to read as follows:

      391.355  1.  The State Board shall adopt rules of procedure for the conduct of hearings conducted pursuant to NRS 391.323.

      2.  The rules of procedure must provide for boards of trustees of school districts , governing bodies of charter schools or the Superintendent of Public Instruction or the Superintendent’s designee to bring charges, when cause exists.

      3.  The rules of procedure must provide that:

      (a) The licensed employee, board of trustees of a school district, governing body of a charter school and Superintendent are entitled to be heard, to be represented by an attorney and to call witnesses in their behalf.

      (b) The hearing officer selected pursuant to NRS 319.322 is entitled to be reimbursed for his or her reasonable actual expenses.

      (c) If requested by the hearing officer selected pursuant to NRS 391.322, an official transcript must be made.

      (d) Except as otherwise provided in paragraph (e), the State Board, licensed employee and the Department, board of trustees of a school district or governing body of a charter school which initiated the complaint resulting in the hearing are equally responsible for the expense of and compensation for the hearing officer selected pursuant to NRS 319.322 and the expense of the official transcript. The State Board may bill the licensed employee or the Department, board of trustees of a school district or governing body of a charter school which initiated the complaint resulting in the hearing for their percentage of any expenses incurred pursuant to this paragraph.

      (e) If the hearing results from a recommendation to revoke or suspend a license based upon a conviction which is a ground for the suspension or revocation of a license pursuant to paragraph (e) or (f) of subsection 1 of NRS 391.330, the licensed employee is fully responsible for the expense of and compensation for the hearing officer selected pursuant to NRS 391.322 and the expense of the official transcript. The State Board may bill the licensed employee for such expenses.

      4.  A hearing officer selected pursuant to NRS 391.322 shall, upon the request of a party, issue subpoenas to compel the attendance of witnesses and the production of books, records, documents or other pertinent information to be used as evidence in hearings conducted pursuant to NRS 391.323.

      Sec. 28. (Deleted by amendment.)

      Sec. 28.5. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 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, 119B.370, 119B.382, 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, 176.01249, 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, 209.3925, 209.419, 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, 228.270, 228.450, 228.495, 228.

 


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ê2019 Statutes of Nevada, Page 1059 (CHAPTER 196, SB 41)ê

 

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, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 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, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 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, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 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, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 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.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 450.140, 453.164, 453.720, 453A.610, 453A.700, 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, 480.365, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 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, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 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, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 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, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 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, 679B.122, 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.110, 687A.115, 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.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, 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.

 


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ê2019 Statutes of Nevada, Page 1060 (CHAPTER 196, SB 41)ê

 

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 the confidential information from the information included in the public book or record that is not otherwise confidential.

      4.  A person may request a copy of a public record in any medium in which the public record is readily available. 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 a readily available medium 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. 28.7.  When the term of either member of the Commission on Professional Standards in Education appointed to the Commission pursuant to paragraph (b) of subsection 3 of NRS 391.011 expires, the Governor shall, appoint to the Commission the member of the Commission described in paragraph (f) of subsection 3 of NRS 391.011, as amended by section 4.5 of this bill.

      Sec. 29.  Notwithstanding the provisions of NRS 391.0347, as amended by section 11 of this act, a person who holds a license to teach which was initially issued on or after July 1, 2015, but before July 1, 2019, is not required to submit with his or her first application for renewal of his or her license to teach proof of the completion of a course in multicultural education pursuant to NRS 391.0347, as amended by section 11 of this act. Such a person must submit such proof with his or her first application for renewal of his or her license submitted on or after July 1, 2019.

      Sec. 30. (Deleted by amendment.)

      Sec. 31.  Notwithstanding the amendatory provisions of this act, a person who holds a special qualifications license to teach issued pursuant to chapter 319 of NRS before July 1, 2019, may continue to teach until the expiration of the license.

      Sec. 32.  (Deleted by amendment.)

      Sec. 33.  This act becomes effective on July 1, 2019.

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ê2019 Statutes of Nevada, Page 1061ê

 

CHAPTER 197, SB 42

Senate Bill No. 42–Committee on Growth and Infrastructure

 

CHAPTER 197

 

[Approved: May 29, 2019]

 

AN ACT relating to motor vehicle fleets; repealing provisions requiring certain fleets of motor vehicles to use alternative fuels, clean vehicles or vehicles that use alternative fuels; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill repeals the provisions of chapter 486A of NRS, relating to the use of alternative fuels in certain public fleets of motor vehicles in counties whose population is 100,000 or more (currently only Clark and Washoe Counties). Pursuant to chapter 486A of NRS, the State Environmental Commission is required to adopt regulations regarding: (1) standards and requirements for alternative fuels; (2) specifications for clean vehicles and motor vehicles that use alternative fuels; (3) the acquisition of clean vehicles and motor vehicles that use alternative fuels by certain fleets; (4) standards for emissions from motor vehicles that are converted to alternative fuels; and (5) the establishment of a procedure for approving variances or exemptions from certain requirements. (NRS 486A.150) The State Department of Conservation and Natural Resources is required to enforce the regulations, issue orders and conduct investigations and is authorized to conduct inspections of certain fleets for compliance. (NRS 486A.160, 486A.170)

 

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 481.015 is hereby amended to read as follows:

      481.015  1.  Except as otherwise provided in this subsection, as used in this title, unless the context otherwise requires, “certificate of title” means the document issued by the Department that identifies the legal owner of a vehicle and contains the information required pursuant to subsection 2 of NRS 482.245. The definition set forth in this subsection does not apply to chapters 488 and 489 of NRS.

      2.  Except as otherwise provided in chapter 480 of NRS, NRS 484C.600 to 484C.640, inclusive, 486.363 to 486.375, inclusive, and [chapters 486A and] chapter 488 of NRS, as used in this title, unless the context otherwise requires:

      (a) “Department” means the Department of Motor Vehicles.

      (b) “Director” means the Director of the Department.

      3.  As used in this title, the term “full legal name” means a natural person’s first name, middle name and family name or last name, without the use of initials or a nickname. The term includes a full legal name that has been changed pursuant to the provisions of NRS 483.375 or 483.8605.

      Sec. 2. NRS 486A.010, 486A.020, 486A.030, 486A.035, 486A.050, 486A.070, 486A.080, 486A.100, 486A.110, 486A.120, 486A.130, 486A.140, 486A.150, 486A.160, 486A.170, 486A.180 and 486A.200 are hereby repealed.

      Sec. 3.  This act becomes effective upon passage and approval.

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ê2019 Statutes of Nevada, Page 1062ê

 

CHAPTER 198, SB 57

Senate Bill No. 57–Committee on Education

 

CHAPTER 198

 

[Approved: May 29, 2019]

 

AN ACT relating to school property; making a blueprint of a public school confidential; authorizing or requiring the disclosure of a blueprint of a public or private school in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the principal of a public school and the principal or person in charge of a private school to contact all appropriate local agencies to respond to a crisis or an emergency that requires immediate action. (NRS 388.257, 394.1696) Section 2 of this bill makes a blueprint of a public school confidential. Section 2 also: (1) requires the most current version of a blueprint of a public school be disclosed to a public safety agency upon its request; and (2) authorizes the disclosure of such a blueprint to certain persons or governmental entities for purposes related to the public school. Section 3 of this bill requires the principal or person in charge of a private school to provide a copy of the most current blueprint of the school of which he or she is in charge to a public safety agency upon its request. Sections 2 and 3 prohibit any person or governmental entity to which a blueprint of a school is disclosed from disclosing the blueprint except pursuant to a court order. Section 5 of this bill makes a conforming change.

 

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 388.259 is hereby amended to read as follows:

      388.259  A plan developed pursuant to NRS 388.243 or updated pursuant to NRS 388.245, a deviation and any information submitted to a development committee pursuant to NRS 388.249, a deviation approved pursuant to NRS 388.251 and the model plan developed pursuant to NRS 388.253 are confidential and, except as otherwise provided in NRS 239.0115 and 388.229 to 388.266, inclusive, and section 2 of this act, must not be disclosed to any person or government, governmental agency or political subdivision of a government.

      Sec. 2. Chapter 393 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in NRS 239.0115, a blueprint of a public school, including, without limitation, a charter school or university school for profoundly gifted pupils, or any revision thereto, is confidential and:

      (a) Must be disclosed in its most current version to a public safety agency upon its request.

      (b) May be disclosed, upon request, to:

             (1) An architect registered pursuant to chapter 623 of NRS, a landscape architect registered pursuant to chapter 623A of NRS, a contractor licensed pursuant to chapter 624 of NRS, a professional engineer or professional land surveyor licensed pursuant to chapter 625 of NRS or a designated employee of any such architect, landscape architect, contractor, professional engineer or professional land surveyor who uses the blueprint in his or her professional capacity for a purpose related to the public school; or

 


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ê2019 Statutes of Nevada, Page 1063 (CHAPTER 198, SB 57)ê

 

NRS or a designated employee of any such architect, landscape architect, contractor, professional engineer or professional land surveyor who uses the blueprint in his or her professional capacity for a purpose related to the public school; or

             (2) Any other person or governmental entity if necessary for a purpose related to the public school.

      2.  A person or governmental entity to which a blueprint is disclosed pursuant to this section shall not disclose the blueprint except pursuant to the provisions of NRS 239.0115.

      3.  As used in this section, “public safety agency” means:

      (a) A public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to prevent, control, extinguish or suppress fires;

      (b) A law enforcement agency as defined in NRS 277.035; or

      (c) An emergency medical service.

      Sec. 3. Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The principal or other person in charge of a private school or his or her designated representative shall provide a copy of the most current blueprint of the school to a public safety agency upon its request.

      2.  A public safety agency to which a blueprint is disclosed pursuant to this section shall not disclose the blueprint except pursuant to the provisions of NRS 239.0115.

      3.  As used in this section, “public safety agency” has the meaning ascribed to it in section 2 of this act.

      Sec. 4. NRS 394.1698 is hereby amended to read as follows:

      394.1698  A plan developed pursuant to NRS 394.1687 or updated pursuant to NRS 394.1688, a deviation and any information submitted to a development committee pursuant to NRS 394.1691 and a deviation approved pursuant to NRS 394.1692 are confidential and, except as otherwise provided in NRS 239.0115, 388.253 and 394.168 to 394.1699, inclusive, and section 3 of this act, must not be disclosed to any person or government, governmental agency or political subdivision of a government.

      Sec. 5. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 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, 119B.370, 119B.382, 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, 176.01249, 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, 209.3925, 209.419, 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, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 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, 268.490, 268.910, 271A.105, 281.

 


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ê2019 Statutes of Nevada, Page 1064 (CHAPTER 198, SB 57)ê

 

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, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 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, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 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, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 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.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 450.140, 453.164, 453.720, 453A.610, 453A.700, 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, 480.365, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 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, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 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, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 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, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 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, 679B.122, 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.110, 687A.115, 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.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and sections 2 and 3 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.

 


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ê2019 Statutes of Nevada, Page 1065 (CHAPTER 198, SB 57)ê

 

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 the confidential information from the information included in the public book or record that is not otherwise confidential.

      4.  A person may request a copy of a public record in any medium in which the public record is readily available. 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 a readily available medium 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. 6.  This act becomes effective upon passage and approval.

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CHAPTER 199, SB 66

Senate Bill No. 66–Committee on Government Affairs

 

CHAPTER 199

 

[Approved: May 29, 2019]

 

AN ACT relating to public safety; renaming the State Disaster Identification Team as the State Disaster Identification Coordination Committee; revising the membership and duties of the Committee; revising requirements relating to the regulations governing the Committee; requiring providers of health care to report to the Committee certain information regarding any person who comes or is brought in for treatment of an injury which the provider concludes was inflicted as a result of certain emergencies or disasters or an illness which the provider concludes was contracted during certain health events; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the State Disaster Identification Team within the Division of Emergency Management of the Department of Public Safety and requires the State Disaster Identification Team to provide technical assistance and personnel to local authorities to recover, identify and process deceased victims during the existence of a state of emergency or a declaration of disaster or upon the request of a city or county in Nevada.

 


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existence of a state of emergency or a declaration of disaster or upon the request of a city or county in Nevada. (NRS 414.270, 414.280) Existing law also requires the Chief of the Division of Emergency Management to assign persons with expertise in various fields to the State Disaster Identification Team to perform these duties. (NRS 414.270) Existing law requires the Department of Public Safety to adopt regulations governing the State Disaster Identification Team and prescribes certain requirements for these regulations. (NRS 414.300)

      Section 2 of this bill renames the State Disaster Identification Team as the State Disaster Identification Coordination Committee. Section 2 also: (1) revises the membership of the Committee; (2) requires the Committee to meet at least once each calendar quarter; and (3) provides that the Open Meeting Law does not apply to any meeting held by the Committee or any subcommittee thereof. Section 3 of this bill requires the Committee to: (1) annually report certain information to the Chief of the Division, the Governor and the Legislature; and (2) perform certain other duties relating to planning for activation. Section 4 of this bill removes the specific requirements prescribed for regulations governing the Committee.

      Section 1 of this bill authorizes the Chief of the Division of Emergency Management to activate the Committee or a subcommittee thereof during the existence of a state of emergency or declaration of disaster or a public health emergency or upon the request of a city or county in Nevada for an emergency in the city or county. Section 1 requires the Committee or a subcommittee thereof to perform specified duties to coordinate the sharing of information between state, local and tribal governmental agencies regarding persons who appear to have been injured or killed or contracted an illness as a result of the emergency or disaster in accordance with a confidential plan developed by the Committee. Sections 5-13 and 16 of this bill make conforming changes as a result of the change in the duties of the Committee from recovering, identifying and processing victims of an emergency or disaster itself to serving as a coordinator of information for agencies that are directly performing such recovery, identification and processing.

      Providers of health care are required under existing law to report persons who come or are brought for treatment of burns and injuries from a knife or firearm in certain circumstances. (NRS 629.041, 629.045) Section 14 of this bill similarly requires providers of health care to report treatment of any person who comes or is brought in for treatment of an injury which the provider concludes was inflicted as a result of a declared emergency or disaster or illness which the provider concludes was contracted during a public health emergency to the State Disaster Identification Coordination Committee. Section 14 also grants a provider of health care and his or her agents and employees immunity from liability for any such disclosures made in good faith.

 

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 414 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Chief may activate the State Disaster Identification Coordination Committee or any subcommittee thereof to coordinate the sharing of information among state, local and tribal governmental agencies regarding persons who appear to have been injured or killed or contracted an illness:

      (a) During the existence of a state of emergency or declaration of disaster pursuant to NRS 414.070 or a public health emergency or other health event pursuant to NRS 439.970; or

 


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      (b) During an emergency in a political subdivision, upon the request of a political subdivision, if the Chief determines that the political subdivision requires the services of the Committee.

      2.  If activated pursuant to subsection 1, the State Disaster Identification Coordination Committee or subcommittee thereof shall:

      (a) Determine which state, local or tribal governmental agencies have a legitimate need for the information received pursuant to section 14 of this act and distribute that information to those agencies.

      (b) Determine the specific information a state, local or tribal governmental agency must share to assist other state, local or tribal governmental agencies to:

             (1) Identify a person who appears to have been injured or killed or contracted an illness as a result of the emergency, disaster or other event;

             (2) Notify members of the family of a person who appears to have been injured or killed or contracted an illness as a result of the emergency, disaster or other event; or

             (3) Reunite a person who appears to have been injured or killed or contracted an illness as a result of the emergency, disaster or other event with members of his or her family.

      (c) Establish a registry of persons who appear to have been injured or killed or contracted an illness as a result of the emergency, disaster or other event and make the registry available to state, local or tribal governmental agencies.

      (d) Ensure compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and any applicable regulations and any other federal or state law.

      Sec. 2. NRS 414.270 is hereby amended to read as follows:

      414.270  1.  A State Disaster Identification [Team] Coordination Committee is hereby established within the Division of Emergency Management of the Department of Public Safety. The Chief [:

      1.  Shall assign persons with expertise in various fields] shall appoint to the State Disaster Identification [Team; and] Coordination Committee:

      (a) One or more representatives of a state or local organization for emergency management;

      (b) One or more representatives of the office of a county coroner;

      (c) One or more representatives of the Office of the Attorney General;

      (d) One or more representatives of the Nevada Hospital Association or its successor organization;

      (e) One or more representatives of a state or local public health agency whose duties relate to emergency preparedness;

      (f) The Chief Medical Officer;

      (g) An employee of the Department of Health and Human Services whose duties relate to ensuring compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and any applicable regulations; and

      (h) A consumer of healthcare services.

      2.  [May activate such persons to perform the duties of the State Disaster Identification Team:

      (a) During a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070; or

      (b) Upon the request of a political subdivision of this state if the Chief determines that the political subdivision requires the services of the State Disaster Identification Team.]

 


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Disaster Identification Team.] The State Disaster Identification Coordination Committee shall meet at least once each calendar quarter.

      3.  The provisions of chapter 241 of NRS do not apply to any meeting held by the State Disaster Identification Coordination Committee or a subcommittee thereof.

      Sec. 3. NRS 414.280 is hereby amended to read as follows:

      414.280  [Upon activation, the] The State Disaster Identification [Team] Coordination Committee shall:

      1.  [Provide technical assistance and personnel to local authorities to recover, identify and process deceased victims.] Notify providers of health care, as defined in NRS 629.031, in writing of the requirements of section 14 of this act.

      2.  [Within 2 hours after activation, begin to identify and report to the Chief the need for medical and health services to:

      (a) Establish temporary facilities to be used as a morgue.

      (b) Identify deceased victims by using, without limitation, latent fingerprints and the forensic methods of dentistry, pathology and anthropology.

      (c) Process and dispose of the remains of deceased victims.] Develop a plan for performing the duties prescribed in section 1 of this act during activation. Such a plan is confidential and must be securely maintained by each person who has possession, custody or control of the plan.

      3.  Annually review the plan developed pursuant to subsection 2 and annually practice carrying out the plan.

      4.  On or before January 31 of each year, submit a report to the Chief, the Governor and the Director of the Legislative Counsel Bureau for transmittal to the next session of the Legislature, if the report is submitted in an even-numbered year, or the Legislative Commission, if the report is submitted in an odd-numbered year. The report must include, without limitation:

      (a) A description of the activities of the State Disaster Identification Coordination Committee for the immediately preceding calendar year; and

      (b) A summary of any policies or procedures adopted by the State Disaster Identification Coordination Committee for the immediately preceding calendar year.

      Sec. 4. NRS 414.300 is hereby amended to read as follows:

      414.300  The Department of Public Safety shall adopt such regulations [to] as are necessary to govern the State Disaster Identification [Team. The regulations must include, without limitation:

      1.  Guidelines for the Chief to:

      (a) Assign persons to positions on the State Disaster Identification Team; and

      (b) Determine which members of the State Disaster Identification Team may be activated pursuant to NRS 414.270.

      2.  Provisions governing the organization, administration and operation of the State Disaster Identification Team.

      3.  The compensation, if any, to be paid by the Department to a member of the State Disaster Identification Team who is activated pursuant to NRS 414.270.] Coordination Committee.

 


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      Sec. 5. NRS 179A.075 is hereby amended to read as follows:

      179A.075  1.  The Central Repository for Nevada Records of Criminal History is hereby created within the Records, Communications and Compliance Division of the Department.

      2.  Each agency of criminal justice and any other agency dealing with crime shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the Department; and

      (b) Submit the information collected to the Central Repository:

             (1) In the manner approved by the Director of the Department; and

             (2) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation.

      3.  Each agency of criminal justice shall submit the information relating to records of criminal history that it creates, issues or collects, and any information in its possession relating to the DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913, to the Division. The information must be submitted to the Division:

      (a) Through an electronic network;

      (b) On a medium of magnetic storage; or

      (c) In the manner prescribed by the Director of the Department,

Ê within 60 days after the date of the disposition of the case. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.

      4.  Each state and local law enforcement agency shall submit Uniform Crime Reports to the Central Repository:

      (a) In the manner prescribed by the Director of the Department;

      (b) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation; and

      (c) Within the time prescribed by the Director of the Department.

      5.  The Division shall, in the manner prescribed by the Director of the Department:

      (a) Collect, maintain and arrange all information submitted to it relating to:

             (1) Records of criminal history; and

             (2) The DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913.

      (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him or her.

      (c) [Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.

      (d)] Upon request, provide, in paper or electronic form, the information that is contained in the Central Repository to the Committee on Domestic Violence appointed pursuant to NRS 228.470 when, pursuant to NRS 228.495, the Committee is reviewing the death of the victim of a crime that constitutes domestic violence pursuant to NRS 33.018.

 


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      6.  The Division may:

      (a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;

      (b) Enter into cooperative agreements with repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints or other biometric identifier the Central Repository submits to the Federal Bureau of Investigation and:

             (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

             (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

             (3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission;

             (4) For whom such information is required or authorized to be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.123 and 449.4329; or

             (5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.

      7.  To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection 6, the Central Repository must receive:

      (a) The person’s complete set of fingerprints for the purposes of:

             (1) Booking the person into a city or county jail or detention facility;

             (2) Employment;

             (3) Contractual services; or

             (4) Services related to occupational licensing;

      (b) One or more of the person’s fingerprints for the purposes of mobile identification by an agency of criminal justice; or

      (c) Any other biometric identifier of the person as it may require for the purposes of:

             (1) Arrest; or

             (2) Criminal investigation,

Ê from the agency of criminal justice or agency of the State of Nevada or any political subdivision thereof and submit the received data to the Federal Bureau of Investigation for its report.

      8.  The Central Repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.

      (d) Investigate the criminal history of any person who:

 


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             (1) Has applied to the Superintendent of Public Instruction for the issuance or renewal of a license;

             (2) Has applied to a county school district, charter school or private school for employment or to serve as a volunteer; or

             (3) Is employed by or volunteers for a county school district, charter school or private school,

Ê and immediately notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, immediately notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:

             (1) Investigated pursuant to paragraph (d); or

             (2) Employed by or volunteering for a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,

Ê who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.

      (f) Investigate the criminal history of each person who submits one or more fingerprints or other biometric identifier or has such data submitted pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.122, 449.123 or 449.4329.

      (g) On or before July 1 of each year, prepare and post on the Central Repository’s Internet website an annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be posted to the Central Repository’s Internet website throughout the year regarding specific areas of crime if they are approved by the Director of the Department.

      (h) On or before July 1 of each year, prepare and post on the Central Repository’s Internet website a report containing statistical data about domestic violence in this State.

      (i) Identify and review the collection and processing of statistical data relating to criminal justice by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      (j) Adopt regulations governing biometric identifiers and the information and data derived from biometric identifiers, including, without limitation:

             (1) Their collection, use, safeguarding, handling, retention, storage, dissemination and destruction; and

             (2) The methods by which a person may request the removal of his or her biometric identifiers from the Central Repository and any other agency where his or her biometric identifiers have been stored.

 


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      9.  The Central Repository may:

      (a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime.

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice [,] or any other agency dealing with crime which is required to submit information pursuant to subsection 2 . [or the State Disaster Identification Team of the Division of Emergency Management of the Department.] All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.

      (c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.

      10.  As used in this section:

      (a) “Mobile identification” means the collection, storage, transmission, reception, search, access or processing of a biometric identifier using a handheld device.

      (b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

             (1) The name, driver’s license number, social security number, date of birth and photograph or computer-generated image of a person; and

             (2) A biometric identifier of a person.

      (c) “Private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 6. NRS 179A.100 is hereby amended to read as follows:

      179A.100  1.  The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:

      (a) Any which reflect records of conviction only; and

      (b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.

      2.  Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:

      (a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.

      (b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.

      (c) Reported to the Central Repository.

      3.  An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which are the result of a name-based inquiry and which:

      (a) Reflect convictions only; or

      (b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.

 


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      4.  Records of criminal history must be disseminated by an agency of criminal justice, upon request, to the following persons or governmental entities:

      (a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.

      (b) The person who is the subject of the record of criminal history when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.

      (c) The Nevada Gaming Control Board.

      (d) The State Board of Nursing.

      (e) The Private Investigator’s Licensing Board to investigate an applicant for a license.

      (f) A public administrator to carry out the duties as prescribed in chapter 253 of NRS.

      (g) A public guardian to investigate a protected person or proposed protected person or persons who may have knowledge of assets belonging to a protected person or proposed protected person.

      (h) Any agency of criminal justice of the United States or of another state or the District of Columbia.

      (i) Any public utility subject to the jurisdiction of the Public Utilities Commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee or to protect the public health, safety or welfare.

      (j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.

      (k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.

      (l) Any reporter or editorial employee who is employed or affiliated with a newspaper, press association or commercially operated, federally licensed radio or television station who requests a record of a named person or aggregate information for statistical purposes, excluding any personal identifying information, in a professional capacity for communication to the public.

      (m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.

      (n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.

      (o) An agency which provides child welfare services, as defined in NRS 432B.030.

      (p) The Division of Welfare and Supportive Services of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.

      (q) The Aging and Disability Services Division of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.

 


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      (r) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, 42 U.S.C. §§ 651 et seq.

      (s) [The State Disaster Identification Team of the Division of Emergency Management of the Department.

      (t)] The Commissioner of Insurance.

      [(u)](t) The Board of Medical Examiners.

      [(v)](u) The State Board of Osteopathic Medicine.

      [(w)](v) The Board of Massage Therapy and its Executive Director.

      [(x)](w) The Board of Examiners for Social Workers.

      [(y)](x) The State Board of Cosmetology and its Executive Director.

      [(z)](y) The Committee on Domestic Violence appointed pursuant to NRS 228.470 when, pursuant to NRS 228.495, the Committee is reviewing the death of the victim of a crime that constitutes domestic violence pursuant to NRS 33.018.

      [(aa)](z) A county coroner or medical examiner, as needed to conduct an investigation of the death of a person.

      5.  Agencies of criminal justice in this State which receive information from sources outside this State concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.

      Sec. 7. NRS 179A.140 is hereby amended to read as follows:

      179A.140  1.  Except as otherwise provided in this section, an agency of criminal justice may charge a reasonable fee for information relating to records of criminal history provided to any person or governmental entity.

      2.  An agency of criminal justice shall not charge a fee for providing such information to another agency of criminal justice if the information is provided for purposes of the administration of criminal justice . [, or for providing such information to the State Disaster Identification Team of the Division of Emergency Management of the Department.]

      3.  The Central Repository shall not charge such a fee:

      (a) For information relating to a person regarding whom the Central Repository provided a similar report within the immediately preceding 90 days in conjunction with the application by that person for professional licensure; or

      (b) For information provided to any organization that meets the criteria established by regulation pursuant to paragraph (b) of subsection 5 of NRS 179A.310.

      4.  The Director may request an allocation from the Contingency Account pursuant to NRS 353.266, 353.268 and 353.269 to cover the costs incurred by the Department to carry out the provisions of paragraph (b) of subsection 3.

      5.  All money received or collected by the Department pursuant to this section must be used to defray the cost of operating the Central Repository.

      Sec. 8. 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, 41.071, 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, 119B.370, 119B.382, 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.

 


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ê2019 Statutes of Nevada, Page 1075 (CHAPTER 199, SB 66)ê

 

119A.280, 119A.653, 119B.370, 119B.382, 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, 176.01249, 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, 209.3925, 209.419, 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, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 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, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 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, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 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, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 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.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 450.140, 453.164, 453.720, 453A.610, 453A.700, 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, 480.365, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 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, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 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, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 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, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 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, 679B.122, 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.

 


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ê2019 Statutes of Nevada, Page 1076 (CHAPTER 199, SB 66)ê

 

676A.340, 676A.370, 677.243, 679B.122, 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.110, 687A.115, 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.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, 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 the confidential information from the information included in the public book or record that is not otherwise confidential.

      4.  A person may request a copy of a public record in any medium in which the public record is readily available. 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 a readily available medium 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. 9. NRS 241.016 is hereby amended to read as follows:

      241.016  1.  The meetings of a public body that are quasi-judicial in nature are subject to the provisions of this chapter.

      2.  The following are exempt from the requirements of this chapter:

      (a) The Legislature of the State of Nevada.

      (b) Judicial proceedings, including, without limitation, proceedings before the Commission on Judicial Selection and, except as otherwise provided in NRS 1.4687, the Commission on Judicial Discipline.

      (c) Meetings of the State Board of Parole Commissioners when acting to grant, deny, continue or revoke the parole of a prisoner or to establish or modify the terms of the parole of a prisoner.

      3.  Any provision of law, including, without limitation, NRS 91.270, 219A.210, 228.495, 239C.140, 281A.350, 281A.690, 281A.735, 281A.760, 284.3629, 286.150, 287.0415, 287.04345, 287.338, 288.220, 289.387, 295.121, 360.247, 388.261, 388A.495, 388C.150, 388G.710, 388G.730, 392.147, 392.467, 394.1699, 396.3295, 414.270, 433.534, 435.610, 463.110, 622.320, 622.340, 630.311, 630.336, 631.3635, 639.050, 642.518, 642.557, 686B.170, 696B.550, 703.196 and 706.1725, which:

 


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ê2019 Statutes of Nevada, Page 1077 (CHAPTER 199, SB 66)ê

 

392.147, 392.467, 394.1699, 396.3295, 414.270, 433.534, 435.610, 463.110, 622.320, 622.340, 630.311, 630.336, 631.3635, 639.050, 642.518, 642.557, 686B.170, 696B.550, 703.196 and 706.1725, which:

      (a) Provides that any meeting, hearing or other proceeding is not subject to the provisions of this chapter; or

      (b) Otherwise authorizes or requires a closed meeting, hearing or proceeding,

Ê prevails over the general provisions of this chapter.

      4.  The exceptions provided to this chapter, and electronic communication, must not be used to circumvent the spirit or letter of this chapter to deliberate or act, outside of an open and public meeting, upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.

      Sec. 10. NRS 289.270 is hereby amended to read as follows:

      289.270  1.  The following persons have the powers of a peace officer:

      (a) The Director of the Department of Public Safety.

      (b) The chiefs of the divisions of the Department of Public Safety.

      (c) The deputy directors of the Department of Public Safety employed pursuant to NRS 480.120.

      (d) The sworn personnel of the Department of Public Safety.

      [(e) Members of the State Disaster Identification Team of the Division of Emergency Management of the Department of Public Safety who are, pursuant to NRS 414.270, activated by the Chief of the Division to perform the duties of the State Disaster Identification Team have the powers of peace officers in carrying out those duties.]

      2.  Administrators and investigators of the Division of Compliance Enforcement of the Department of Motor Vehicles have the powers of a peace officer to enforce any law of the State of Nevada in carrying out their duties pursuant to NRS 481.048.

      3.  Officers and investigators of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles, appointed pursuant to NRS 481.0481, have the powers of peace officers in carrying out their duties under that section.

      Sec. 11. NRS 289.550 is hereby amended to read as follows:

      289.550  1.  Except as otherwise provided in subsection 2 and NRS 3.310, 4.353, 258.007 and 258.060, a person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, must be certified by the Commission within 1 year after the date on which the person commences employment as a peace officer unless the Commission, for good cause shown, grants in writing an extension of time, which must not exceed 6 months, by which the person must become certified. A person who fails to become certified within the required time shall not exercise any of the powers of a peace officer after the time for becoming certified has expired.

      2.  The following persons are not required to be certified by the Commission:

      (a) The Chief Parole and Probation Officer;

      (b) The Director of the Department of Corrections;

      (c) The Director of the Department of Public Safety, the deputy directors of the Department [,] and the chiefs of the divisions of the Department other than the Investigation Division and the Nevada Highway Patrol ; [, and the members of the State Disaster Identification Team of the Division of Emergency Management of the Department;]

 


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ê2019 Statutes of Nevada, Page 1078 (CHAPTER 199, SB 66)ê

 

members of the State Disaster Identification Team of the Division of Emergency Management of the Department;]

      (d) The Commissioner of Insurance and the chief deputy of the Commissioner of Insurance;

      (e) Railroad police officers; and

      (f) California correctional officers.

      Sec. 12. NRS 289.800 is hereby amended to read as follows:

      289.800  In addition to the compensation required by NRS 281.121, a state agency that employs a person:

      1.  Upon whom some or all of the powers of a peace officer are conferred pursuant to:

      (a) Subsection 1 of NRS 289.180 [,] or subsection 1 of NRS 289.220 ; [or paragraph (e) of subsection 1 of NRS 289.270;] or

      (b) Paragraph (d) of subsection 1 of NRS 289.270 and who is employed by the Nevada Highway Patrol; and

      2.  Who is required to purchase and wear a uniform or other clothing, accessories or safety equipment while performing the person’s duties for the State as a peace officer,

Ê may, after first obtaining the written approval of the Director of the Office of Finance, reimburse that person for the cost to repair or replace the person’s required uniform or other clothing, accessories or safety equipment if it is damaged or destroyed, by means other than ordinary wear and tear, while the person is performing the person’s duties for the State as a peace officer.

      Sec. 13. NRS 432.170 is hereby amended to read as follows:

      432.170  1.  The Attorney General shall:

      (a) Establish a program to coordinate activities and information in this State concerning missing or exploited children; and

      (b) Appoint a Director to administer the provisions of the program.

      2.  The Director is in the unclassified service of the State. To assist the Director in carrying out the provisions of NRS 432.150 to 432.220, inclusive, the Attorney General may appoint such assistants or investigators as deemed necessary by the Attorney General.

      3.  The Director may:

      (a) Assist any public or private school in establishing a program of information about missing or exploited children by providing, free of charge, materials, publications and instructional aids relating to:

            (1) Offenses under federal and state law regarding missing or exploited children and the abuse or neglect of children.

             (2) Governmental and private agencies and programs for locating and identifying missing or exploited children, preventing the abduction or disappearance of children and preventing the abuse or neglect of children.

             (3) Methods of preventing the abduction or disappearance of children.

             (4) Techniques for the investigation of cases involving missing or exploited children.

             (5) Any other issue involving missing or exploited children.

      (b) Develop and maintain a system of information concerning missing or exploited children, including information concerning public or private resources which may be available to such children and their families.

 


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ê2019 Statutes of Nevada, Page 1079 (CHAPTER 199, SB 66)ê

 

      (c) Accept gifts or donations on behalf of the Clearinghouse which must be accounted for separately and used by the Director in carrying out the provisions of NRS 432.150 to 432.220, inclusive.

      (d) Enter into agreements with regional and national organizations for assistance and exchange of information concerning missing or exploited children.

      (e) Assist in the investigation of children who are reported missing in this State or who are reported abducted or taken from this State.

      4.  The Director may provide the materials, publications and instructional aids identified in paragraph (a) of subsection 3 to any other person or governmental agency for a reasonable fee not to exceed the cost of preparing the materials.

      [5.  The Director shall, upon request, provide records regarding a missing child to the State Disaster Identification Team of the Division of Emergency Management of the Department of Public Safety.]

      Sec. 14. Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  To the extent feasible, every provider of health care to whom any person comes or is brought for the treatment of an injury which the provider concludes was inflicted during the existence of a state of emergency or declaration of disaster pursuant to NRS 414.070 or an illness which the provider concludes was contracted during a public health emergency or other health event pursuant to NRS 439.970 shall submit a written report electronically to the State Disaster Identification Coordination Committee on a form prescribed by the State Disaster Identification Coordination Committee.

      2.  The report required by subsection 1 must include, without limitation:

      (a) The name, address, telephone number and electronic mail address of the person treated, if known;

      (b) The location where the person was treated; and

      (c) The character or extent of the injuries or illness of the person treated.

      3.  A provider of health care and his or her agents and employees are immune from any civil action for any disclosures made in good faith in accordance with the provisions of this section.

      Sec. 15.  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. 16. NRS 414.290 is hereby repealed.

      Sec. 17.  This act becomes effective upon passage and approval.

________

 


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ê2019 Statutes of Nevada, Page 1080ê

 

CHAPTER 200, SB 67

Senate Bill No. 67–Committee on Government Affairs

 

CHAPTER 200

 

[Approved: May 29, 2019]

 

AN ACT relating to emergency management; creating the Nevada Tribal Emergency Coordinating Council; prescribing the membership and duties of the Council; revising provisions governing a local organization for emergency management; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Chief of the Division of Emergency Management of the Department of Public Safety to coordinate the activities of all organizations for emergency management within Nevada. (NRS 414.040) Section 1 of this bill creates the Nevada Tribal Emergency Coordinating Council within the Division. Section 1 requires the Chief of the Division to appoint not more than 27 members to the Council, each of whom must represent a different federally recognized Indian tribe or nation which is located within Nevada. Section 1 requires the Council to: (1) advise the Chief regarding emergency management on tribal lands; (2) assist in the coordination of mitigation, preparedness, response and recovery activities relating to an emergency on tribal lands; and (3) submit an annual report to the Chief detailing the Council’s activities during the immediately preceding calendar year and recommendations relating to emergency management on tribal lands.

      Existing law authorizes each county and city in Nevada to establish a local organization for emergency management. A local organization for emergency management is responsible for performing functions of emergency management within the territorial limits of the political subdivision within which it is organized and, if required, outside those territorial limits. (NRS 414.090) Section 2 of this bill makes it mandatory for a county to establish a local organization for emergency management, but, in lieu of each county establishing its own local organization for emergency management, section 2 authorizes the boards of county commissioners of two or more counties to enter into an interlocal agreement establishing one local organization for emergency management for all the counties that are parties to the agreement.

 

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 414 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Nevada Tribal Emergency Coordinating Council, consisting of not more than 27 members appointed by the Chief, is hereby created within the Division of Emergency Management of the Department of Public Safety. The Chief shall appoint each member from a different federally recognized Indian tribe or nation, all or part of which is located within the boundaries of this State. A member of the Council may not represent more than one federally recognized Indian tribe or nation.

      2.  The term of office of each member of the Council is 2 years.

      3.  The Council shall meet at the call of the Chief and at least once every 3 months.

 


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ê2019 Statutes of Nevada, Page 1081 (CHAPTER 200, SB 67)ê

 

      4.  The Division of Emergency Management shall provide the Council with administrative support.

      5.  The Council shall:

      (a) Advise the Chief regarding emergency management on tribal lands;

      (b) Assist in the coordination of mitigation, preparedness, response and recovery activities related to an emergency on tribal lands; and

      (c) Submit an annual report to the Chief on or before January 31 of each year which must include, without limitation:

            (1) A summary of the activities of the Council during the immediately preceding calendar year; and

             (2) Recommendations relating to emergency management on tribal lands.

      6.  The Attorney General shall enter into any agreements necessary to carry out the provisions of this section.

      Sec. 2. NRS 414.090 is hereby amended to read as follows:

      414.090  1.  [Each political subdivision] Except as otherwise provided in subsection 2, each county of this state shall, and each city of this state may , establish a local organization for emergency management in accordance with the state emergency management plan and program for emergency management. Such a political subdivision may confer or authorize the conferring upon members of the auxiliary police the powers of police officers, subject to such restrictions as it imposes. Each local organization for emergency management must have a director who must be appointed by the executive officer or governing body of the political subdivision, and who has direct responsibility for the organization, administration and operation of the local organization for emergency management subject to the direction and control of the executive officer or governing body. Each local organization for emergency management shall perform functions of emergency management within the territorial limits of the political subdivision within which it is organized, and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to the provisions of NRS 414.100.

      2.  In lieu of establishing a local organization for emergency management pursuant to subsection 1, the boards of county commissioners of two or more counties may enter into an interlocal agreement that:

      (a) Establishes a local organization for emergency management for the counties that are parties to the agreement; and

      (b) Ensures compliance with the requirements of subsection 1.

      3.  In carrying out the provisions of this chapter, each political subdivision in which any emergency or disaster described in NRS 414.020 occurs may enter into contracts and incur obligations necessary to combat such an emergency or disaster, protect the health and safety of persons and property and provide emergency assistance to the victims of such an emergency or disaster. Each political subdivision may exercise the powers vested under this section in the light of the exigencies of the extreme emergency or disaster without regard to time-consuming procedures and formalities prescribed by law, except constitutional requirements, pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appropriation and expenditure of public funds.

 


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ê2019 Statutes of Nevada, Page 1082 (CHAPTER 200, SB 67)ê

 

      Sec. 3.  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. 4.  This act becomes effective upon passage and approval.

________

CHAPTER 201, SB 87

Senate Bill No. 87–Committee on Commerce and Labor

 

CHAPTER 201

 

[Approved: May 29, 2019]

 

AN ACT relating to insurance; deeming benefits established by a long-term care rider to a life insurance policy or annuity contract to be the same type of benefits as provided in a basic policy or contract for certain purposes; clarifying the policies and contracts for which the Nevada Life and Health Insurance Guaranty Association is required to provide coverage; requiring a health maintenance organization to be a member of the Association; revising the composition of the Board of Directors of the Association; prescribing the manner in which the Association must calculate and allocate certain assessments; authorizing certain member insurers to recoup assessments; revising certain terminology; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Nevada Life and Health Insurance Guaranty Association for the purpose of protecting owners of or certificate holders under direct, nongroup life, health and annuity policies or contracts and certain other persons against failure in the performance of contractual obligations under those policies or contracts because of the impairment or insolvency of the insurer that issued the policies or contracts. (NRS 686C.020, 686C.030, 686C.130) Section 3 of this bill deems benefits established by a long-term care rider to a life insurance policy or annuity contract to be the same type of benefits as provided in a basic policy or contract for the purposes of provisions relating to the Association. Under existing law, such purposes include, without limitation, the determination of the date by which the Association is required to pay benefits, the calculation of limitations on the obligations of the Association and the imposition and allocation of assessments on member insurers. (NRS 686C.153, 686C.210, 686C.240)

      Sections 5, 7, 9, 18, 19, 21, 24, 27-31, 35, 39 and 41 of this bill clarify that provisions relating to the Association apply equally whether coverage or benefits are established through a policy or a contract. Section 6 of this bill clarifies that the Association is required to provide coverage for certain beneficiaries, assignees or payees of the owners of, enrollees in or certificate holders under covered policies or contracts. Section 7 of this bill requires the Association to cover a portion of a policy or contract that provides long-term care benefits or other health insurance benefits, regardless of whether the portion of the policy or contract would otherwise be eligible for certain exemptions. Section 7 also provides that the Association does not cover a policy or contract for Medicaid benefits. Sections 7, 11, 13, 15, 18, 22, 25, 28, 34, 36, 38, 40, 42 and 43 of this bill clarify that the provisions relating to the Association apply only to insurers that are members of the Association. Sections 10 and 14 of this bill require a health maintenance organization that operates in this State to be a member of the Association. Sections 13, 15, 18, 22, 24, 26, 30, 31, 35, 38, 40, 41 and 43 of this bill make conforming changes. Sections 14 and 33 of this bill revise the names of the accounts maintained by the Association.

 


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ê2019 Statutes of Nevada, Page 1083 (CHAPTER 201, SB 87)ê

 

names of the accounts maintained by the Association. Section 48.5 of this bill repeals provisions requiring a nonprofit corporation for hospital, medical or dental service or health maintenance organization to take certain measures to continue coverage for insureds or enrollees if the corporation or health maintenance organization becomes insolvent, as such provisions would be unnecessary if those entities are required to participate in the Association.

      Existing law establishes the Board of Directors of the Association, which carries out the powers of the Association. (NRS 686C.130, 686C.140) Section 15 of this bill increases the minimum and maximum number of members of the Board.

      Existing law requires the Association to guarantee, assume or reinsure the policies of an impaired or insolvent insurer, cause such policies or contracts to be guaranteed, assumed or reinsured or ensure payment of the contractual obligations of the insolvent insurer. (NRS 686C.150, 686C.152) Sections 16 and 17 of this bill additionally require the Association to reissue or cause the reissuance of such policies or contracts. Sections 18 and 19 of this bill clarify that, if the Association issues certain alternative substitute coverage for the policies or contracts of an insolvent or impaired insurer, the alternative policy or contract must be reissued at actuarially justified rates. Section 26 of this bill authorizes the Association to file for actuarially justified rate or premium increases for any policy for which the Association provides coverage. Sections 19 and 20 of this bill remove a requirement that certain alternative policies or contracts or substitute coverage issued by the Association must be approved by a court in the insolvent or impaired insurer’s state.

      Existing law establishes limitations on the obligations of the Association to cover basic hospital, medical and surgical insurance or major medical insurance. (NRS 686C.210) Section 25 of this bill provides that these limitations instead apply to health benefit plans, which are policies, contracts, certificates or agreements offered by a carrier to provide for, deliver payment for, arrange for the payment of, pay for or reimburse any of the costs of health care services. Sections 1 and 44-47 of this bill standardize the definition of the term “health benefit plan” for certain purposes.

      Existing law authorizes the Board to call for certain assessments, known as Class B Assessments, to the extent necessary for the Association to provide coverage for covered policies and contracts. (NRS 686C.230) Section 32 of this bill prescribes the manner in which the Association is required to calculate the amount of a Class B Assessment for long-term care insurance written by an impaired or insolvent insurer and allocate such an assessment among the accounts of the Association.

      Existing law authorizes a member insurer to offset part of the assessments paid to the Association against its liability for premium tax. (NRS 686C.280) Section 36 of this bill authorizes a member insurer that is exempt from its liability for premium tax to recoup its assessments by imposing a surcharge on premiums. Section 37 of this bill requires the plan of operation for the Association to include certain provisions relating to the recoupment of assessments.

 

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 683A.176 is hereby amended to read as follows:

      683A.176  “Third party” means:

      1.  An insurer, as that term is defined in NRS 679B.540;

      2.  A health benefit plan, as that term is defined in NRS [689A.540,] 687B.470, for employees which provides a pharmacy benefits plan;

      3.  A participating public agency, as that term is defined in NRS 287.04052, and any other local governmental agency of the State of Nevada which provides a system of health insurance for the benefit of its officers and employees, and the dependents of officers and employees, pursuant to chapter 287 of NRS; or

 


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which provides a system of health insurance for the benefit of its officers and employees, and the dependents of officers and employees, pursuant to chapter 287 of NRS; or

      4.  Any other insurer or organization that provides health coverage or benefits or coverage of prescription drugs as part of workers’ compensation insurance in accordance with state or federal law.

Ê The term does not include an insurer that provides coverage under a policy of casualty or property insurance.

      Sec. 2. Chapter 686C of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3. For the purposes of this chapter, benefits provided pursuant to a rider for long-term care to a life insurance policy or annuity contract shall be deemed the same type of benefits provided in the life insurance policy or annuity contract to which the rider applies.

      Sec. 4. “Health maintenance organization” has the meaning ascribed to it in NRS 695C.030.

      Sec. 5. NRS 686C.020 is hereby amended to read as follows:

      686C.020  The purpose of this chapter is to protect, within certain limits, the persons specified in subsections 1 and 2 of NRS 686C.030 against failure in the performance of contractual obligations under life [and] insurance, health insurance and annuity policies [and] or contracts [, and annuities,] specified in subsection 4 of NRS 686C.030 because of the impairment or insolvency of a member insurer issuing such policies or contracts.

      Sec. 6. NRS 686C.030 is hereby amended to read as follows:

      686C.030  1.  This chapter provides coverage for the life insurance, health insurance and annuity policies or contracts described in subsection 4 to persons who are:

      (a) Owners of , enrollees in or certificate holders under such policies or contracts, other than structured settlement annuities, and who:

             (1) Are residents of this state; or

             (2) Are not residents, but only if:

                   (I) The member insurer that issued the policies or contracts is domiciled in this state;

                   (II) The states in which the persons reside have associations similar to the Association created by this chapter; and

                   (III) The persons are not eligible for coverage by an association in another state because the member insurer was not authorized in the other state at the time specified in that state’s law governing guaranty associations; and

      (b) [Beneficiaries,] Regardless of where they reside, beneficiaries, assignees or payees of the persons covered under paragraph (a), [wherever they reside,] including, without limitation, providers of health care rendering services covered under policies or certificates of health insurance, except for nonresident certificate holders under group policies or contracts.

      2.  For structured settlement annuities, except as otherwise provided in subsection 3, this chapter provides coverage to a payee under the annuity, or beneficiary of a payee if the payee is deceased, if the payee or beneficiary:

      (a) Is a resident of this state, regardless of the residence of the owner of the annuity; or

      (b) Is not a resident of this state, but:

 


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             (1) The owner of the annuity is a resident of this state, or the issuer of the annuity is domiciled in this state and the state in which the owner resides has an association similar to the Association created by this chapter; and

             (2) Neither the payee or beneficiary nor the owner of the annuity is eligible for coverage by the association of the state in which the payee, beneficiary or owner resides.

      3.  This chapter does not provide coverage for a payee or beneficiary of a structured settlement annuity if the owner of the annuity is a resident of this state and the payee or beneficiary is afforded any coverage by the association of another state. In determining the application of the provisions of this chapter to a situation where a person could be covered by the association of more than one state, this chapter must be construed in conjunction with the laws of other states to result in coverage by only one association.

      4.  This chapter provides coverage to the persons described in subsections 1 and 2 for policies or contracts of direct, nongroup life [,] insurance, health insurance and [annuity policies or contracts,] annuities, for certificates under direct group policies and contracts, and for supplemental contracts to any of these, in each case issued by member insurers, except as limited by this chapter.

      Sec. 7. NRS 686C.035 is hereby amended to read as follows:

      686C.035  1.  This chapter does not provide coverage for:

      (a) A portion of a policy or contract not guaranteed by the member insurer, or under which the risk is borne by the owner of the policy or contract.

      (b) A policy or contract of reinsurance unless assumption certificates have been issued pursuant to that policy or contract.

      (c) A portion of a policy or contract , other than a portion of a policy or contract of health insurance or that provides benefits for long-term care, including, without limitation, a rider that provides such benefits, to the extent that the rate of interest on which it is based, or the interest rate, crediting rate or similar factor determined by the use of an index or other external reference stated in the policy or contract employed in calculating returns or changes in value:

             (1) Averaged over the period of 4 years before the date on which the association becomes obligated with respect to the policy or contract, exceeds the rate of interest determined by subtracting 2 percentage points from Moody’s Corporate Bond Yield Average averaged for the same period, or for the period between the date of issuance of the policy or contract and the date the association became obligated, whichever period is less; and

             (2) On or after the date on which the association becomes obligated with respect to the policy or contract, exceeds the rate of interest determined by subtracting 3 percentage points from Moody’s Corporate Bond Yield Average as most recently available.

      (d) A portion of a policy or contract issued to a plan or program of an employer, association or other person to provide life, health or annuity benefits to its employees, members or other persons to the extent that the plan or program is self-funded or uninsured, including, but not limited to, benefits payable by an employer, association or other person under:

             (1) A multiple employer welfare arrangement described in 29 U.S.C. § 1002(40);

 


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             (2) A minimum-premium group insurance plan;

             (3) A stop-loss group insurance plan; or

             (4) A contract for administrative services only.

      (e) A portion of a policy or contract to the extent that it provides for dividends, credits for experience, voting rights or the payment of any fee or allowance to any person, including the owner of a policy or contract, for services or administration connected with the policy or contract.

      (f) A policy or contract issued in this state by a member insurer at a time when the member insurer was not authorized to issue the policy or contract in this state.

      (g) A portion of a policy or contract to the extent that the assessments required by NRS 686C.230 with respect to the policy or contract are preempted by federal law.

      (h) An obligation that does not arise under the express written terms of the policy or contract issued by the member insurer, including:

             (1) Claims based on marketing materials;

             (2) Claims based on side letters or other documents that were issued by the member insurer without satisfying applicable requirements for filing or approval of policy or contract forms;

             (3) Misrepresentations of or regarding policy or contract benefits;

             (4) Extra-contractual claims; or

             (5) A claim for penalties or consequential or incidental damages.

      (i) A contractual agreement that establishes the member insurer’s obligation to provide a guarantee based on accounting at book value for participants in a defined-contribution benefit plan by reference to a portfolio of assets owned by the benefit plan or its trustee, which in each case is not an affiliate of the member insurer.

      (j) A portion of a policy or contract to the extent that it provides for interest or other changes in value which are determined by the use of an index or other external reference stated in the policy or contract, but which have not been credited to the policy or contract, or as to which the rights of the owner of the policy or contract are subject to forfeiture, determined on the date the member insurer becomes an impaired or insolvent insurer, whichever occurs first. If the interest or changes in value of a policy or contract are credited less frequently than annually, for the purpose of determining the values that have been credited and are not subject to forfeiture, the interest or change in value determined by using procedures stated in the policy or contract must be credited as if the contractual date for crediting interest or changing values was the date of the impairment or insolvency of the insured member, whichever occurs first and is not subject to forfeiture.

      (k) An unallocated annuity contract other than an annuity owned by a governmental retirement plan established under section 401, 403(b) or 457 of the Internal Revenue Code, 26 U.S.C. §§ 401, 403(b) and 457, respectively, or the trustees of such a plan.

      (l) A policy or contract providing any hospital, medical, prescription drug or other health care benefits pursuant to 42 U.S.C. §§ 1395w-21 et seq. and 1395w-101 et seq. [,] or 42 U.S.C. §§ 1396 et seq., and any regulations adopted pursuant thereto.

 


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      2.  As used in this section, “Moody’s Corporate Bond Yield Average” means the monthly average for corporate bonds published by Moody’s Investors Service, Inc., or any successor average.

      Sec. 8. NRS 686C.040 is hereby amended to read as follows:

      686C.040  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 686C.045 to 686C.127, inclusive, and section 4 of this act have the meanings ascribed to them in those sections.

      Sec. 9. NRS 686C.080 is hereby amended to read as follows:

      686C.080  “Covered policy [”] or contract” means any policy or contract included within the scope of this chapter, as expressed in NRS 686C.030 and 686C.035.

      Sec. 10. NRS 686C.100 is hereby amended to read as follows:

      686C.100  “Member insurer” means an insurer which is licensed or holds a certificate of authority to transact in this state any kind of insurance for which coverage is provided in this chapter [and] or a health maintenance organization which holds a certificate of authority to operate in this State. The term includes an insurer or health maintenance organization whose license or certificate of authority in this state has been suspended, revoked, not renewed or voluntarily withdrawn. The term does not include:

      1.  [A hospital or medical organization, whether or not for profit;

      2.  A health maintenance organization;

      3.]  A fraternal benefit society;

      [4.]2.A mandatory state pooling plan;

      [5.]3.  A mutual assessment company or other person that operates on the basis of assessments;

      [6.]4.  An insurance exchange;

      [7.]5.  An organization that is authorized only to issue charitable gift annuities under NRS 688A.281 to 688A.285, inclusive; [or

      8.]6. A reinsurance program operated by the State Government; or

      7.  An organization similar to any of those listed in subsections 1 to [7,] 6, inclusive.

      Sec. 11. NRS 686C.120 is hereby amended to read as follows:

      686C.120  “Resident” means any person to whom a contractual obligation is owed and who resides in this state on the date of entry of a court order that determines a member insurer to be impaired or insolvent. A person may be a resident of but one state, which in the case of a person other than a natural person is its principal place of business. A citizen of the United States who is a resident of a foreign country or of a territory or insular possession subject to the jurisdiction of the United States which does not have an association similar to the Association created by this chapter shall be deemed to be a resident of the state of domicile of the member insurer that issued the policy or contract.

      Sec. 12. NRS 686C.125 is hereby amended to read as follows:

      686C.125  “Supplemental contract” means a written agreement for the distribution of proceeds from a life or health insurance policy or contract or an annuity.

      Sec. 13. NRS 686C.128 is hereby amended to read as follows:

      686C.128  1.  The Association shall prepare, and submit to the Commissioner for approval, a summary document describing the general purposes and current limitations of this chapter. After the expiration of 60 days after the approval of the summary document by the Commissioner, [an] a member insurer may not deliver a policy or contract to the [owner of the] policy or contract owner, certificate holder or enrollee unless the summary document is delivered to the policy or contract owner , certificate holder or enrollee at the time of delivery of the policy or contract.

 


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a member insurer may not deliver a policy or contract to the [owner of the] policy or contract owner, certificate holder or enrollee unless the summary document is delivered to the policy or contract owner , certificate holder or enrollee at the time of delivery of the policy or contract. The document must also be available upon request by the policy or contract owner [of a policy.] , certificate holder or enrollee. The distribution, delivery, contents or interpretation of this document does not guarantee that the policy or [the] contract or [its] the policy or contract owner , certificate holder or enrollee is covered in the event of the impairment or insolvency of a member insurer. The descriptive document must be revised by the Association as amendments to this chapter may require. Failure to receive this document does not give the [owner of a] policy or contract [, or an insured,] owner, certificate holder or enrollee any greater rights than those stated in this chapter.

      2.  The document prepared pursuant to subsection 1 must contain a clear and conspicuous disclaimer on its face. The Commissioner shall establish the form and content of the disclaimer. The disclaimer must:

      (a) State the name and address of the Association and of the Division;

      (b) Prominently warn the [owner of the] policy or contract owner, certificate holder or enrollee that the Association may not cover the policy or contract or, if coverage is available, it will be subject to substantial limitations and exclusions and conditioned on continued residence in this State;

      (c) State the types of policies and contracts for which guaranty funds will provide coverage;

      (d) State that the member insurer and its agents are prohibited by law from using the existence of the Association for the purpose of sales, solicitation or inducement to purchase any form of insurance [;] or coverage offered by a health maintenance organization;

      (e) State that the [owner of a] policy or contract owner, certificate holder or enrollee should not rely on coverage under the Association when selecting an insurer;

      (f) Explain the rights and procedures for filing a complaint to allege a violation of any provision of this chapter; and

      (g) Provide other information as directed by the Commissioner, including sources of information about the financial condition of insurers, if the information is not proprietary and is subject to disclosure under the law of the state in which the member insurer is domiciled.

      3.  A member insurer shall retain evidence of compliance with subsection 1 while the policy or contract for which the notice is given remains in effect.

      Sec. 14. NRS 686C.130 is hereby amended to read as follows:

      686C.130  1.  There is hereby created a nonprofit legal entity to be known as the Nevada Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the Association as a condition of their authority to transact insurance or operate a health maintenance organization, as applicable, in this state. The Association shall perform its functions under the plan of operation established and approved pursuant to NRS 686C.290 and shall exercise its powers through a Board of Directors established pursuant to NRS 686C.140.

 


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      2.  For purposes of administration and assessment, the Association shall maintain two accounts:

      (a) The Health Account ; [for Health Insurance;] and

      (b) The Life and Annuity Account , [for Life Insurance and Annuities,] which consists of:

             (1) The Subaccount for Life Insurance; and

             (2) The Subaccount for Annuities, including annuities owned by a governmental retirement plan, or its trustees, established under section 401, 403(b) or 457 of the Internal Revenue Code, 26 U.S.C. §§ 401, 403(b) and 457.

      3.  The Association is under the immediate supervision of the Commissioner and is subject to the applicable provisions of the Nevada Insurance Code. Meetings or records of the Association may be opened to the public by majority vote of the Board of Directors.

      Sec. 15. NRS 686C.140 is hereby amended to read as follows:

      686C.140  1.  The Board of Directors of the Association consists of not less than [five] 7 nor more than [nine] 11 members, serving terms as established in the plan of operation.

      2.  The members of the Board who represent member insurers must be selected by member insurers subject to the approval of the Commissioner. If practicable, one of the members of the Board must be an officer of a domestic member insurer.

      3.  Two public representatives must be appointed to the Board by the Commissioner. A public representative may not be an officer, director or employee of [an] a member insurer , [or] engaged in the business of insurance [.] or a health maintenance organization.

      4.  Vacancies on the Board must be filled for the remaining period of the term by majority vote of the members of the Board, subject to the approval of the Commissioner, for members who represent member insurers, and by the Commissioner for public representatives.

      5.  To select the initial Board of Directors, and initially organize the Association, the Commissioner shall give notice to all member insurers of the time and place of the organizational meeting. In determining voting rights at the organizational meeting, each member insurer is entitled to one vote in person or by proxy. If the Board of Directors is not selected within 60 days after notice of the organizational meeting, the Commissioner may appoint the initial members to represent member insurers in addition to the public representatives.

      6.  In approving selections or in appointing members to the Board, the Commissioner shall consider, among other things, whether all member insurers are fairly represented.

      7.  Members of the Board may be reimbursed from the assets of the Association for expenses incurred by them as members of the Board of Directors, but members of the Board may not otherwise be compensated by the Association for their services.

      Sec. 16. NRS 686C.150 is hereby amended to read as follows:

      686C.150  If a member insurer is an impaired insurer, the Association may, subject to any conditions it may impose which do not impair the contractual obligations of the impaired insurer and which are approved by the Commissioner:

 


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      1.  Guarantee, assume , reissue or reinsure, or cause to be guaranteed, assumed , reissued or reinsured, any or all of the covered policies or contracts of the impaired insurer.

      2.  Provide such money, pledges, loans, notes, guarantees or other means as are proper to effectuate subsection 1, and assure payment of the contractual obligations of the impaired insurer pending action under subsection 1.

      Sec. 17. NRS 686C.152 is hereby amended to read as follows:

      686C.152  If a member insurer is an insolvent insurer, the Association shall:

      1.  Guarantee, assume , reissue or reinsure, or cause to be guaranteed, assumed , reissued or reinsured, the policies or contracts of the insolvent insurer; or

      2.  Ensure payment of the contractual obligations of the insolvent insurer and:

      (a) Provide such money, pledges, loans, notes, guarantees or other means as are reasonably necessary to discharge its duties; or

      (b) Provide benefits and coverages in accordance with NRS 686C.153 and 686C.154.

      Sec. 18. NRS 686C.153 is hereby amended to read as follows:

      686C.153  1.  When proceeding pursuant to paragraph (b) of subsection 2 of NRS 686C.152, the Association shall:

      [1.](a) With respect to [life and health insurance] covered policies [and annuities,] or contracts, ensure payment of benefits [for premiums identical to the premiums and benefits, except for terms of conversion and renewability, which] that would have been payable under the policies or contracts of the insolvent insurer, for claims incurred with respect to:

      [(a)](1) A group policy or contract, not later than the earlier of the next renewal date under the policy or contract or 45 days, but in no event less than 30 days, after the date when the Association becomes obligated with respect to that policy or contract.

      [(b)](2) A nongroup policy, contract or annuity, not later than the earlier of the next renewal date, if any, under the policy, contract or annuity or 1 year, but in no event less than 30 days, after the date when the Association becomes obligated with respect to that policy, contract or annuity.

      [2.](b) Make diligent efforts to provide all known insureds [or] , policy or contract owners or enrollees with respect to group policies or contracts, or annuitants with respect to annuities, 30 days’ notice of termination of the benefits provided pursuant to [subsection 1.

      3.]paragraph (a).

      (c) With respect to nongroup life [and] insurance, health insurance or annuity policies [and annuities,] or contracts, make available substitute coverage on an individual basis, in accordance with the provisions of subsection [4,] 2, to each known insured or annuitant, or owner if other than the insured , enrollee or annuitant, and to each natural person formerly insured, formerly an enrollee or formerly an annuitant, under a group policy or contract who is not eligible for replacement group coverage, if the insured , enrollee or annuitant had a right under law or the terminated policy , contract or annuity to convert coverage to individual coverage or to continue an individual policy , contract or annuity in force until a specified age or for a specified period, during which the member insurer had no right unilaterally to make changes in any provision of the policy , contract or annuity or had a right only to make changes in premium by class.

 


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to make changes in any provision of the policy , contract or annuity or had a right only to make changes in premium by class.

      [4.]2.  In providing the substitute coverage required under paragraph (c) of subsection [3,] 1, the Association may offer to reissue the terminated coverage or to issue an alternative policy [that must be offered] or contract at actuarially justified rates without requiring evidence of insurability or a waiting period or exclusion that would not have applied under the terminated policy [,] or contract and may reinsure any alternative or reinsured policy [.] or contract.

      Sec. 19. NRS 686C.154 is hereby amended to read as follows:

      686C.154  1.  Alternative policies or contracts adopted by the Association are subject to the approval of the Commissioner . [and the court in the insolvent or impaired insurer’s state which has jurisdiction over the conservation, rehabilitation or liquidation of the insurer.] The Association may adopt alternative policies or contracts of various types for future issuance without regard to any particular impairment or insolvency.

      2.  An alternative policy or contract must contain at least the minimum statutory provisions required in this state and provide benefits that are not unreasonable in relation to the premium charged. The Association shall set the premium in accordance with a table of rates which it shall adopt. The premium must reflect the amount of insurance to be provided and the age and class of risk of each insured [,] or enrollee, but must not reflect any changes in the health of the insured or enrollee after the original policy or contract was last underwritten.

      3.  An alternative policy or contract issued by the Association must provide coverage of a type similar to that of the policy or contract issued by the impaired or insolvent insurer, as determined by the Association.

      4.  If the Association elects to reissue terminated coverage at a rate of premium different from that charged under the terminated policy [,] or contract, the premium must be set by the Association at an actuarially justified amount in accordance with the amount of insurance provided and the age and class of risk, subject to approval by the Commissioner [and the court described in] pursuant to subsection 1.

      Sec. 20. NRS 686C.156 is hereby amended to read as follows:

      686C.156  In carrying out its duties in connection with guaranteeing, assuming , reissuing or reinsuring a policy or contract under NRS 686C.150 and 686C.152, the Association [, subject to the approval of the court in the insolvent or impaired insurer’s state which has jurisdiction over the conservation, rehabilitation or liquidation of the insurer,] may issue substitute coverage for a policy or contract that provides an interest rate, crediting rate or similar factor determined by use of an index or other external reference stated in the policy or contract employed in calculating returns or changes in value by issuing an alternative policy or contract if:

      1.  In lieu of the index or other external reference stated in the original policy or contract, the alternative policy or contract provides for a fixed interest rate, payment of dividends guaranteed as to minimum amount, or a different method of calculating interest or changes in value;

 


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      2.  There is no requirement for evidence of insurability, waiting period or other exclusion that would not have applied under the replaced policy or contract; and

      3.  The alternative policy or contract is substantially similar to the replaced policy or contract in all other material terms.

      Sec. 21. NRS 686C.160 is hereby amended to read as follows:

      686C.160  In carrying out its responsibilities under NRS 686C.152, the Association may, subject to approval by a court of this state:

      1.  Impose permanent liens on policies and contracts in connection with any guarantee, assumption or reinsurance if the Association finds that the amounts which can be assessed under this chapter are less than the amounts needed to ensure full and prompt performance of the Association’s duties or that the economic or financial conditions as they affect member insurers are sufficiently adverse that the imposition of such permanent liens is in the public interest.

      2.  Impose temporary moratoriums or liens on payments of cash values and policy loans or any right to withdraw money held in conjunction with policies or contracts, in addition to any contractual provisions for deferral of paying cash value or lending against the policy [.] or contract. In addition, in the event of a temporary moratorium or charge imposed by the court in the insolvent or impaired insurer’s state which has jurisdiction over the conservation, rehabilitation or liquidation of the insurer on such payment or lending, or on any other right to withdraw money held in conjunction with policies or contracts, the Association may defer such payment, lending or withdrawal for the period of the moratorium or charge, except for claims covered by the Association to be paid in accordance with a procedure for cases of hardship established by the liquidator or rehabilitator and approved by the court.

      Sec. 22. NRS 686C.175 is hereby amended to read as follows:

      686C.175  A deposit in this state, held pursuant to law or required by the Commissioner for the benefit of creditors, including [owners of policies,] , without limitation, policy or contract owners, certificate holders and enrollees, not turned over to the domiciliary receiver upon the entry of a final order of liquidation or order approving a plan of rehabilitation of [an] a member insurer domiciled in this state or a reciprocal state pursuant to NRS 696B.290 or 696B.300 must be promptly paid to the Association. The Association is entitled to retain a portion of an amount so paid to it that is equal to the percentage determined by dividing the aggregate amount of [policy owners’] claims by policy or contract owners, certificate holders and enrollees that are related to that insolvency for which the Association has provided statutory benefits by the aggregate amount of all [policy owners’] claims by policy or contract owners, certificate holders and enrollees in this state related to that insolvency, and shall remit the remainder to the domiciliary receiver. The amount so remitted is a distribution of the assets of the member insurer for the purposes of chapter 696B of NRS.

      Sec. 23. NRS 686C.190 is hereby amended to read as follows:

      686C.190  The Association has standing:

      1.  To appear or intervene before a court or agency in this state which has jurisdiction over an impaired or insolvent insurer concerning which the Association is or may become obligated under this chapter or over any person or property against whom or which the Association may have rights through subrogation or otherwise.

 


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through subrogation or otherwise. Its standing extends to all matters germane to the powers and duties of the Association, including proposals for reinsuring, reissuing, modifying or guaranteeing the policies or contracts of the impaired or insolvent insurer and the determination of the policies or contracts and contractual obligations.

      2.  To appear or intervene before a court or agency in another state which has jurisdiction over an impaired or insolvent insurer for which the Association is or may become obligated, or over any person or property against whom or which the Association may have rights through subrogation or otherwise.

      Sec. 24. NRS 686C.200 is hereby amended to read as follows:

      686C.200  1.  A person receiving benefits under this chapter shall be deemed to have assigned his or her rights under, and any causes of action against any person for losses arising under, resulting from or otherwise relating to, the covered policy or contract to the Association to the extent of the benefits received because of this chapter, whether the benefits are payments of or on account of contractual obligations, continuation of coverage or provision of substitute or alternative coverages. The Association may require an assignment to it of those rights and causes of action by any payee, [owner of a] policy or contract [,] owner, certificate holder, enrollee, beneficiary, insured or annuitant as a condition precedent to the receipt of any rights or benefits conferred by this chapter upon that person.

      2.  The rights of the Association to subrogation under this subsection have the same priority against the assets of the impaired or insolvent insurer as that possessed by the person entitled to receive benefits under this chapter.

      3.  In addition to the rights provided under subsections 1 and 2, the Association has all rights of subrogation at common law and any other equitable or legal remedy which would have been available to the impaired or insolvent insurer or the owner, beneficiary or payee of a policy or contract , a certificate holder or an enrollee with respect to the policy or contract, including, in the case of a structured settlement annuity, any rights of the owner, beneficiary or payee of the annuity, to the extent of benefits received under this chapter, against a person originally or by succession responsible for the losses arising from the personal injury relating to the annuity or payment for it, except any such person responsible solely by reason of serving as an assignee under section 130 of the Internal Revenue Code, 26 U.S.C. § 130.

      4.  If the provisions of subsections 1, 2 and 3 are invalid or ineffective with respect to any person or any claim for any reason, the amount payable to the Association with respect to the related covered obligations is reduced by the amount realized by any other person with respect to the person or claim which is attributable to the policies or contracts or portions thereof covered by the Association.

      5.  If the Association has provided benefits with respect to a covered obligation and a person recovers amounts as to which the Association has rights under subsections 1 to 4, inclusive, the person shall pay to the Association the portion of the recovery attributable to the policies or contracts or portions thereof covered by the Association.

 


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      Sec. 25. NRS 686C.210 is hereby amended to read as follows:

      686C.210  1.  The benefits that the Association may become obligated to cover may not exceed the lesser of:

      (a) The contractual obligations for which the member insurer is liable or would have been liable if it were not an impaired or insolvent insurer;

      (b) With respect to one life, regardless of the number of policies or contracts:

             (1) Three hundred thousand dollars in death benefits from life insurance, but not more than $100,000 in net cash for surrender and withdrawal for life insurance; or

             (2) Two hundred fifty thousand dollars in the present value of benefits from annuities, including net cash for surrender and withdrawal;

      (c) With respect to health insurance for any one life:

             (1) One hundred thousand dollars for coverages other than disability income insurance, health benefit plans or long-term care insurance, [basic hospital, medical and surgical insurance or major medical insurance,] including any net cash for surrender or withdrawal;

             (2) Three hundred thousand dollars for disability income insurance or long-term care insurance; or

             (3) Five hundred thousand dollars for [basic hospital, medical and surgical insurance or major medical insurance;] health benefit plans;

      (d) With respect to each payee of a structured settlement annuity, or beneficiary or beneficiaries of the payee if deceased, $250,000 in present value of benefits from the annuity in the aggregate, including any net cash for surrender or withdrawal; or

      (e) With respect to each participant in a governmental retirement plan covered by an unallocated annuity contract which is owned by a governmental retirement plan established under section 401, 403(b) or 457 of the Internal Revenue Code, 26 U.S.C. §§ 401, 403(b) and 457, respectively, or the trustees of such a plan, and which is approved by the Commissioner, an aggregate of $250,000 in present-value annuity benefits, including the value of net cash for surrender and net cash for withdrawal, regardless of the number of contracts.

      2.  In no event is the Association obligated to cover more than:

      (a) With respect to any one life or person under paragraphs (b) to (e), inclusive, of subsection 1:

             (1) An aggregate of $300,000 in benefits, excluding benefits for [basic hospital, medical and surgical insurance or major medical insurance;] health benefit plans; or

             (2) An aggregate of $500,000 in benefits, including benefits for [basic hospital, medical and surgical insurance or major medical insurance.] health benefit plans.

      (b) With respect to one owner of several nongroup policies of life insurance, whether the owner is a natural person or an organization and whether the persons insured are officers, managers, employees or other persons, more than $5,000,000 in benefits, regardless of the number of policies and contracts held by the owner.

      3.  The limitations set forth in this section are limitations on the benefits for which the Association is obligated before taking into account its rights to subrogation or assignment or the extent to which those benefits could be provided out of the assets of the impaired or insolvent insurer attributable to covered policies [.] or contracts. The cost of the Association’s obligations under this chapter may be met by the use of assets attributable to covered policies [,] or contracts, or reimbursed to the Association pursuant to its rights to subrogation or assignment.

 


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ê2019 Statutes of Nevada, Page 1095 (CHAPTER 201, SB 87)ê

 

under this chapter may be met by the use of assets attributable to covered policies [,] or contracts, or reimbursed to the Association pursuant to its rights to subrogation or assignment.

      4.  In performing its obligation to provide coverage under NRS 686C.150 and 686C.152, the Association need not guarantee, assume, reinsure , reissue or perform, or cause to be guaranteed, assumed, reinsured , reissued or performed, the contractual obligations of the impaired or insolvent insurer under a covered policy or contract which do not materially affect the economic value or economic benefits of the covered policy or contract.

      5.  As used in this section, “health benefit plan” has the meaning ascribed to it in NRS 687B.470.

      Sec. 26. NRS 686C.220 is hereby amended to read as follows:

      686C.220  The Association may:

      1.  Enter into such contracts as are necessary or proper to carry out the provisions and purposes of this chapter.

      2.  Sue or be sued, including the taking of any legal action necessary or proper for recovery of any unpaid assessments under NRS 686C.230 or to settle claims or potential claims against it.

      3.  Borrow money to effect the purposes of this chapter. Any notes or other evidence of indebtedness of the Association not in default are legal investments for domestic insurers and may be carried as admitted assets.

      4.  Employ or retain such persons as are necessary or appropriate to handle the financial transactions of the Association, and to perform such other functions as become necessary or proper under this chapter.

      5.  Take such legal action as may be necessary or appropriate to avoid or recover payment of improper claims.

      6.  Exercise, for the purposes of this chapter and to the extent approved by the Commissioner, the powers of a domestic life or health insurer [,] or health maintenance organization, but in no case may the Association issue insurance policies or annuities other than those issued to perform its contractual obligations under this chapter.

      7.  Join an organization of one or more other state associations having similar purposes, to further the purposes and administer the powers and duties of the Association.

      8.  Organize itself as a corporation or in other legal form permitted by the laws of this state.

      9.  Request information from a person seeking coverage from the Association to aid the Association in determining its obligations under this chapter with respect to the person, and the person shall promptly comply with the request.

      10.  Except where otherwise provided by law, in accordance with the terms and conditions of the applicable policy or contract, file for actuarially justified rate or premium increases for any policy for which the Association provides coverage under the provisions of this chapter.

      11.  Take other necessary or appropriate action to perform its duties and discharge its obligations under this chapter or to exercise its power under this chapter.

      Sec. 27. NRS 686C.223 is hereby amended to read as follows:

      686C.223  1.  As used in this section, “coverage date” means the date on which the Association becomes liable for the obligations of a member insurer.

 


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ê2019 Statutes of Nevada, Page 1096 (CHAPTER 201, SB 87)ê

 

      2.  At any time after the coverage date, the Association may elect to succeed to the rights and obligations of the member insurer which accrue on or after the coverage date and relate to policies or contracts covered, in whole or in part, by the Association under any one or more agreements for indemnity reinsurance entered into by the member insurer as ceding insurer and selected by the Association. However, the Association may not exercise its right of election with respect to an agreement for reinsurance if the receiver, rehabilitator or liquidator of the member insurer has previously expressly disaffirmed the agreement. The election must be effected by a notice to the receiver, rehabilitator or liquidator and the affected reinsurers. If the Association makes such an election:

      (a) The Association is responsible for all unpaid premiums due under each agreement for periods both before and after the coverage date, and for the performance of all other obligations to be performed after the coverage date, in each case which relates to a policy or contract covered in whole or in part by the Association. The Association may charge a policy or contract covered in part by it, through reasonable methods of allocation, for the costs of reinsurance in excess of the obligations of the Association.

      (b) The Association is entitled to any amount payable by the reinsurer under each agreement with respect to losses or events that occur in periods after the coverage date and relate to policies or contracts covered in whole or in part by the Association, but upon receipt of any such amount, the Association is obligated to pay, to the beneficiary under the policy or contract on account of which the amount was paid, that portion of the amount received by the Association that exceeds the benefits paid by the Association on account of the policy or contract less the retention by the impaired or insolvent [member] insurer applicable to the loss or event.

      (c) The Association and each reinsurer shall, within 30 days after the election, calculate the net balance due to or from the Association under each agreement as of the date of the election, giving full credit for all items paid by the member insurer or its receiver, rehabilitator or liquidator, or the reinsurer, between the coverage date and the date of the election. The Association or the reinsurer shall pay the net balance within 5 days after the completion of the calculation. If a receiver, rehabilitator or liquidator has received any amount due the Association pursuant to paragraph (b), the recipient shall remit the amount to the Association as promptly as practicable.

      (d) The reinsurer may not terminate an agreement for reinsurance insofar as it relates to policies or contracts covered by the Association in whole or in part, or set off any unpaid premium due for a period before the coverage date against the amount due the Association, if the Association, within 60 days after the election, pays the premiums due for periods both before and after the coverage date which relate to such policies or contracts.

      3.  If the Association transfers its obligation to another insurer, and the Association and the other insurer so agree, the other insurer succeeds to the rights and obligations of the Association under subsection 2 effective as of the agreed date, whether or not the Association has made the election described in subsection 2, except that:

 


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ê2019 Statutes of Nevada, Page 1097 (CHAPTER 201, SB 87)ê

 

      (a) An agreement for indemnity reinsurance automatically terminates as to new reinsurance unless the reinsurer and the other insurer agree to the contrary;

      (b) The obligation of the Association to the beneficiary under paragraph (b) of subsection 2 ceases on the date of the transfer to the other insurer; and

      (c) This subsection does not apply if the Association has previously expressly determined in writing that it will not exercise its right of election under subsection 2.

      4.  The provisions of this section supersede an affected agreement for reinsurance which provides for or requires payment of proceeds of reinsurance, on account of a loss or event that occurs after the coverage date, to the receiver, rehabilitator or liquidator of the insolvent [member] insurer. The receiver, rehabilitator or liquidator remains entitled to any amounts payable by the reinsurer under the agreement with respect to losses or events that occur before the coverage date, subject to any applicable setoff.

      5.  Except as otherwise expressly provided, this section does not alter or modify the terms or conditions of any agreement of the insolvent insurer for reinsurance, abrogate or limit any right of a reinsurer to rescind an agreement for reinsurance, or give an owner or beneficiary of a policy or contract an independent cause of action against a reinsurer under an agreement for indemnity reinsurance that is not otherwise set forth in the agreement.

      Sec. 28. NRS 686C.224 is hereby amended to read as follows:

      686C.224  1.  At any time within 180 days after the date of an order of liquidation, the Association may elect to succeed to the rights and obligations of the ceding member insurer that relate to policies or [annuities] contracts covered, in whole or in part, by the Association, in each case under any one or more reinsurance contracts entered into by the insolvent insurer and its reinsurers and selected by the Association. Any such assumption must be effective on the date of the order of liquidation. The election must be carried out by the Association sending written notice, return receipt requested, to the affected reinsurers.

      2.  To facilitate the earliest practicable decision about whether to assume any of the contracts of reinsurance, and to protect the financial position of the estate, the receiver and each reinsurer of the ceding member insurer shall make available upon request to the Association as soon as possible after commencement of formal delinquency proceedings:

      (a) Copies of in-force contracts of reinsurance and all related files and records relevant to the determination of whether such contracts should be assumed; and

      (b) Notices of any defaults under the reinsurance contracts or any known event or condition which with the passage of time could become a default under the reinsurance contracts.

      3.  The following apply to reinsurance contracts assumed by the Association:

      (a) The Association is responsible for all unpaid premiums due pursuant to the reinsurance contracts for periods both before and after the date of the order of liquidation, and is responsible for the performance of all other obligations to be performed after the date of the order of liquidation, in each case which relates to policies or [annuities] contracts covered, in whole or in part, by the Association. The Association may charge policies or [annuities] contracts covered in part by the Association, through reasonable allocation methods, the costs for reinsurance in excess of the obligations of the Association and shall provide notice and an accounting of these changes to the liquidator.

 


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ê2019 Statutes of Nevada, Page 1098 (CHAPTER 201, SB 87)ê

 

contracts covered in part by the Association, through reasonable allocation methods, the costs for reinsurance in excess of the obligations of the Association and shall provide notice and an accounting of these changes to the liquidator.

      (b) The Association may be entitled to any amounts payable by the reinsurer pursuant to the reinsurance contracts with respect to losses or events that occur in periods after the date of the order of liquidation and which relate to policies or [annuities] contracts covered, in whole or in part, by the Association, provided that, upon receipt of any such amounts, the Association is obligated to pay to the beneficiary, under the policy or [annuity] contract on account of which the amounts were paid, a portion of the amount equal to the lesser of:

             (1) The amount received by the Association; or

             (2) The excess of the amount received by the Association over the amount equal to the benefits paid by the Association on account of the policy or [annuity,] contract, less the retention of the member insurer applicable to the loss or event.

      (c) Within 30 days after the Association’s election, the Association and each reinsurer under the contracts assumed by the Association shall calculate the net balance due to or from the Association pursuant to each reinsurance contract on the election date with respect to policies or [annuities] contracts covered, in whole or in part, by the Association, which calculation must give full credit to all items paid by either the member insurer or its receiver or the reinsurer before the election date. The reinsurer shall pay the receiver any amounts due for losses or events before the date of the order of liquidation, subject to any set-off for premiums unpaid for periods before the date, and the Association or reinsurer shall pay any remaining balance due to the other, in each case within 5 days after the completion of the aforementioned calculation. Any disputes over the amounts due to either the Association or the reinsurer must be resolved by arbitration pursuant to the terms of the affected reinsurance contracts or, if the contracts contain no arbitration clause, as otherwise prescribed by law. If the receiver has received any amounts due to the Association under paragraph (d), the receiver shall remit the same to the Association as promptly as practicable.

      (d) If the Association or receiver, on the Association’s behalf, within 60 days after the election date, pays the unpaid premiums due for periods both before and after the election date that relate to policies or [annuities] contracts covered, in whole or in part, by the Association, the reinsurer is not entitled to terminate the reinsurance contracts for failure to pay premiums insofar as the reinsurance contracts relate to policies or [annuities] contracts covered, in whole or in part, by the Association, and is not entitled to set off any unpaid amounts due pursuant to the other contracts, or unpaid amounts due from parties other than the Association, against amounts due to the Association.

      Sec. 29. NRS 686C.2245 is hereby amended to read as follows:

      686C.2245  When policies or [annuities,] contracts, or covered obligations with respect thereto, are transferred to an assuming insurer, reinsurance on the policies or [annuities] contracts may also be transferred by the Association, in the case of policies or contracts assumed under NRS 686C.224, subject to the following:

 


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ê2019 Statutes of Nevada, Page 1099 (CHAPTER 201, SB 87)ê

 

      1.  Unless the reinsurer and the assuming insurer agree otherwise, the reinsurance contract transferred must not cover any new policies [of insurance or annuities] or contracts in addition to those transferred.

      2.  The obligations described in NRS 686C.224 no longer apply with respect to matters arising after the effective date of the transfer.

      3.  Notice must be given in writing, return receipt requested, by the transferring party to the affected reinsurer not less than 30 days before the effective date of the transfer.

      Sec. 30. NRS 686C.2249 is hereby amended to read as follows:

      686C.2249  1.  Except as otherwise provided in NRS 686C.130 to 686C.226, inclusive, nothing in NRS 686C.224 to 686C.2249, inclusive, shall alter or modify the terms and conditions of any reinsurance contract.

      2.  Nothing in this section shall:

      (a) Abrogate or limit any rights of any reinsurer to claim that it is entitled to rescind a reinsurance contract;

      (b) Give a [policyholder] policy or contract owner, certificate holder, enrollee or beneficiary an independent cause of action against a reinsurer that is not otherwise set forth in the reinsurance contract;

      (c) Limit or affect the Association’s rights as a creditor of the estate against the assets of the estate; or

      (d) Apply to reinsurance agreements covering property or casualty risks.

      Sec. 31. NRS 686C.225 is hereby amended to read as follows:

      686C.225  The Association’s obligations with respect to coverage under any policy or contract of the impaired or insolvent insurer or under any reissued or alternative policy or contract ceases on the date the [coverage or] policy or contract is replaced by another similar policy or contract by the [policyholder, the insured] policy or contract owner, certificate holder or enrollee or the Association.

      Sec. 32. NRS 686C.240 is hereby amended to read as follows:

      686C.240  1.  The Board of Directors of the Association shall determine the amount of each assessment in Class A and may, but need not, prorate it. If an assessment is prorated, the Board may provide that any surplus be credited against future assessments in Class B. An assessment which is not prorated must not exceed $500 for each member insurer for any 1 calendar year.

      2.  The Board may determine the amount of each assessment in Class B for long-term care insurance written by an impaired or insolvent insurer according to a methodology included in the plan of operation established and approved pursuant to NRS 686C.290. The methodology must provide for the imposition of:

      (a) One-half of the assessment on member insurers that primarily provide accident and health insurance; and

      (b) One-half of the assessment on member insurers that primarily provide life insurance and annuities.

      3.  Except as otherwise provided in subsection 5, the Board may allocate any assessment in Class B among the accounts and among the subaccounts of the Life and Annuity Account according to a formula based on the premiums or reserves of the impaired or insolvent insurer or any other standard which [it] the Board, in its sole discretion, considers fair and reasonable under the circumstances.

      [3.  Assessments]

 


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ê2019 Statutes of Nevada, Page 1100 (CHAPTER 201, SB 87)ê

 

      4.  Except as otherwise provided in subsection 5, assessments in Class B against member insurers for each account and subaccount must be in the proportion that the premiums received on business in this State by each assessed member insurer on policies or contracts covered by each account or subaccount for the 3 most recent calendar years for which information is available preceding the year in which the insurer became impaired or insolvent bears to premiums received on business in this State for those calendar years by all assessed member insurers.

      5.  The Board shall allocate to:

      (a) The Life and Annuity Account the percentage of an assessment in Class B for long-term care insurance written by an impaired or insolvent insurer that is equal to the quotient of:

             (1) The difference between 0.5 and the percentage of the Health Account that was contributed by member insurers that primarily provide life insurance and annuities; and

             (2) The difference between the percentage of the Life and Annuity Account that was contributed by member insurers that primarily provide life insurance and annuities and the percentage of the Health Account that was contributed by such member insurers.

      (b) The Health Account the remainder of an assessment in Class B for long-term care insurance written by an impaired or insolvent insurer that is not allocated to the Life and Annuity Account pursuant to paragraph (a).

      [4.]6.Assessments for money to meet the requirements of the Association with respect to an impaired or insolvent insurer must not be authorized or called until necessary to carry out the purposes of this chapter. Classification of assessments under subsection 2 of NRS 686C.230 and computation of assessments under this section must be made with a reasonable degree of accuracy, recognizing that exact determinations may not always be possible. The Association shall notify each member insurer of its anticipated prorated share of an assessment authorized but not yet called within 180 days after it is authorized.

      7.  For the purposes of this section, a member insurer shall be deemed to:

      (a) Primarily provide life insurance and annuities if the sum of the accessible in-state life insurance premiums and annuity premiums of the member insurer is equal to or greater than the accessible in-state health insurance premiums of the member insurer. For the purposes of this paragraph, health insurance premiums:

             (1) Include, without limitation, premiums for health maintenance organization coverage; and

             (2) Do not include premiums for disability income and long-term care insurance.

      (b) Primarily provide health insurance if the member insurer is not a member insurer described in paragraph (a).

      Sec. 33. NRS 686C.250 is hereby amended to read as follows:

      686C.250  1.  The Association may abate or defer, in whole or in part, the assessment of a member insurer if, in the opinion of the Board of Directors, payment of the assessment would endanger the ability of the member insurer to fulfill its contractual obligations. If an assessment against a member insurer is abated or deferred in whole or in part, the amount by which that assessment is abated or deferred may be assessed against the other member insurers in a manner consistent with the basis for assessments set forth in this section.

 


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ê2019 Statutes of Nevada, Page 1101 (CHAPTER 201, SB 87)ê

 

forth in this section. As soon as the conditions that caused a deferral have been removed or rectified, the member insurer shall pay all assessments that were deferred pursuant to a plan of repayment approved by the Association.

      2.  Except as otherwise provided in subsection 3, the total of all assessments authorized by the Association with respect to a member insurer for:

      (a) The Life and Annuity Account [for Life Insurance and Annuities] and each of its subaccounts; and

      (b) The Health Account , [for Health Insurance,]

Ê respectively must not in any 1 calendar year exceed 2 percent of the member insurer’s average annual premiums received in this state on the policies and contracts covered by the subaccount or account during the 3 calendar years preceding the year in which the member insurer became impaired or insolvent.

      3.  If two or more assessments are authorized in 1 calendar year with respect to member insurers that became impaired or insolvent in different calendar years, the average annual premiums received for the purposes of the limitation provided in subsection 2 are equal and limited to the higher of the 3-year annual premiums for the applicable account or subaccount as calculated pursuant to this section.

      4.  If the maximum assessment, together with the other assets of the Association in an account, does not provide in any 1 year in either account an amount sufficient to carry out the responsibilities of the Association, the necessary additional money must be assessed as soon thereafter as permitted by this chapter.

      5.  If the maximum assessment for a subaccount of the Life and Annuity Account [for Life Insurance and Annuities] in any 1 year does not provide an amount sufficient to carry out the responsibilities of the Association, then pursuant to subsection [3] 4 of NRS 686C.240, the Board shall assess the other subaccount for the necessary additional amount, subject to the maximum stated in subsection 2.

      6.  The Board may provide in the plan of operation a method of allocating funds among claims, whether relating to one or more impaired or insolvent insurers, when the maximum assessment is insufficient to cover anticipated claims.

      Sec. 34. NRS 686C.260 is hereby amended to read as follows:

      686C.260  The Board of Directors may, by an equitable method as established in the plan of operation, refund to member insurers, in proportion to the contribution of each member insurer to that account, the amount by which the assets of the account exceed the amount the Board finds is necessary to carry out during the coming year the obligations of the Association with regard to that account, including assets accruing from assignment, subrogation, net realized gains and income from investments. A reasonable amount may be retained in any account to provide funds for the continuing expenses of the Association and for future claims.

      Sec. 35. NRS 686C.270 is hereby amended to read as follows:

      686C.270  It is proper for any member insurer, in determining its rates of premium and dividends to owners of policies or contracts as to any kind of insurance or coverage offered by a health maintenance organization within the scope of this chapter, to consider the amount reasonably necessary to meet its obligations for assessment under this chapter.

 


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ê2019 Statutes of Nevada, Page 1102 (CHAPTER 201, SB 87)ê

 

      Sec. 36. NRS 686C.280 is hereby amended to read as follows:

      686C.280  1.  The Association shall issue to each member insurer paying an assessment under this chapter, other than an assessment in Class A, a certificate of contribution, in a form prescribed by the Commissioner, for the amount of the assessment so paid. All outstanding certificates are of equal dignity and priority without reference to amounts or dates of issue. A member insurer may show a certificate of contribution as an asset in its financial statement in such form, for such amount, if any, and for such period as the Commissioner may approve.

      2.  A member insurer may offset against its liability for premium tax to this state, accrued with respect to business transacted in a calendar year, an amount equal to 20 percent of the amount certified pursuant to subsection 1 in each of the 5 calendar years following the year in which the assessment was paid. If [an] a member insurer ceases to transact business, it may offset all uncredited assessments against its liability for premium tax for the year in which it so ceases.

      3.  A member insurer that is exempt from its liability for premium tax described in subsection 2 may recoup its assessments under this chapter by imposing a surcharge on its premiums in an amount approved by the Commissioner. The Commissioner shall approve such a surcharge upon determining that the amount of the surcharge is reasonably calculated to recoup the assessments over a reasonable period of time. Any amount recouped under this subsection shall not be deemed to constitute a premium for any purpose relating to this Code.

      4.  If a member insurer recoups a larger amount through a surcharge imposed pursuant to subsection 3 than it paid in assessments over a period of time prescribed in the plan of operation established and approved pursuant to NRS 686C.290, the member insurer shall remit the excess amount to the Association. The Association shall apply such excess amounts to reduce future assessments in the appropriate account in accordance with the plan of operation.

      5.  Any sum acquired by refund from the Association pursuant to NRS 686C.260 which previously had been written off by the contributing member insurer and offset against premium taxes as provided in subsection 2 must be paid to the Department of Taxation and deposited by it with the State Treasurer for credit to the State General Fund. The Association shall notify the Commissioner and the Department of Taxation of each refund made.

      Sec. 37. NRS 686C.290 is hereby amended to read as follows:

      686C.290  1.  The Association shall submit to the Commissioner a plan of operation and any amendments thereto necessary or suitable to ensure the fair, reasonable and equitable administration of the Association. The plan of operation and any amendments thereto become effective upon approval in writing by the Commissioner, or 30 days after submission if the Commissioner has not disapproved them. All member insurers shall comply with the plan of operation.

      2.  If at any time the Association fails to submit suitable amendments to the plan, the Commissioner shall adopt, after notice and hearing, such reasonable regulations as are necessary or advisable to effectuate the provisions of this chapter. The regulations continue in force until modified by the Commissioner or superseded by a plan submitted by the Association and approved by the Commissioner.

 


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ê2019 Statutes of Nevada, Page 1103 (CHAPTER 201, SB 87)ê

 

      3.  In addition to satisfying the other requirements of this chapter, the plan of operation must:

      (a) Establish procedures for handling the assets of the Association.

      (b) Establish the amount and method of reimbursing members of the Board of Directors under NRS 686C.140.

      (c) Establish regular places and times for meetings of the Board.

      (d) Establish procedures for records to be kept of all financial transactions of the Association, its agents and the Board.

      (e) Establish the procedures whereby selections for the Board will be made and submitted to the Commissioner.

      (f) Establish the methodology required by subsection 2 of NRS 686C.240 and any additional procedures for assessments under NRS 686C.230 to 686C.270, inclusive.

      (g) Establish the period of time over which a member insurer must determine whether the member insurer has recouped an excess amount pursuant to subsection 4 of NRS 686C.280, the manner in which the member insurer must remit any excess amount to the Association and the manner in which the Association must apply any such excess amount to reduce future assessments.

      (h) Contain additional provisions necessary or proper for the execution of the powers and duties of the Association.

      4.  The plan of operation may provide that any or all powers and duties of the Association, except those under subsection 3 of NRS 686C.220 and NRS 686C.230 to 686C.285, inclusive, are delegated to a corporation, Association or other organization which performs or will perform functions similar to those of this Association, or its equivalent, in two or more states. Such an organization must be reimbursed for any payments made on behalf of the Association and paid for its performance of any function of the Association. A delegation under this subsection takes effect only with the approval of the Board of directors and the Commissioner, and may be made only to an organization that extends protection not substantially less favorable and effective than that provided by this chapter.

      Sec. 38. NRS 686C.300 is hereby amended to read as follows:

      686C.300  1.  In addition to the duties and powers otherwise provided in this chapter, the Commissioner:

      (a) Shall, upon request of the Board of Directors, provide the Association with a statement of the premiums in this and any other appropriate states for each member insurer.

      (b) Shall, when an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time. Notice to the insurer is notice to its stockholders, if any. The failure of the insurer to comply with such demand promptly does not excuse the Association from the performance of its powers and duties under this chapter.

      (c) Must, in any liquidation or rehabilitation involving a domestic member insurer, be appointed as the liquidator or rehabilitator.

      2.  The Commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance or operate a health maintenance organization in this state , as applicable, of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the Commissioner may levy a forfeiture on any member insurer which fails to pay an assessment when due.

 


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ê2019 Statutes of Nevada, Page 1104 (CHAPTER 201, SB 87)ê

 

on any member insurer which fails to pay an assessment when due. The forfeiture may not exceed 5 percent of the