[Rev. 12/20/2019 5:00:18 PM]

Link to Page 2106

 

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2107ê

 

CHAPTER 343, AB 174

Assembly Bill No. 174–Assemblymen Thompson, Duran, Carrillo, Fumo, Spiegel; Assefa, Backus, Benitez-Thompson, Bilbray-Axelrod, Carlton, Cohen, Daly, Edwards, Ellison, Flores, Frierson, Gorelow, Hafen, Hambrick, Hansen, Hardy, Jauregui, Kramer, Krasner, Leavitt, Martinez, McCurdy, Miller, Monroe-Moreno, Munk, Neal, Nguyen, Peters, Roberts, Smith, Swank, Titus, Tolles, Torres, Watts, Wheeler and Yeager

 

Joint Sponsors: Senators Parks, Ratti, Cancela, D. Harris; Brooks, Cannizzaro, Denis, Dondero Loop, Goicoechea, Hammond, Hansen, Hardy, Kieckhefer, Ohrenschall, Pickard, Scheible, Seevers Gansert, Settelmeyer, Spearman, Washington and Woodhouse

 

CHAPTER 343

 

[Approved: June 3, 2019]

 

AN ACT relating to homelessness; establishing the Nevada Interagency Advisory Council on Homelessness to Housing; prescribing the membership and duties of the Council; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Director of the State Department of Agriculture to establish a Supplemental Food Program to supplement the supply of food and the services provided by programs which provide food to indigent persons. (NRS 561.495) In 2013, the Governor issued an executive order establishing the Nevada Interagency Council on Homelessness. (Executive Order 2013-20 (11-4-2013)) Section 3 of this bill establishes the Nevada Interagency Advisory Council on Homelessness to Housing in statute and prescribes the membership of the Council. Section 4 of this bill establishes requirements governing the meetings of the Council and compensation of the members of the Council. Section 4 also requires the Department of Health and Human Services to provide administrative support to the Council. Section 5 of this bill requires the Council to: (1) collaborate with state and local agencies on their responses to homelessness and promote cooperation among federal, state and local agencies to address homelessness; (2) develop a strategic plan for addressing homelessness in this State; (3) establish a technical assistance committee to provide advice and information to assist the Council in developing the strategic plan; and (4) increase awareness of issues related to homelessness in this State. Section 5 also authorizes the Council to collaborate with and request the assistance of providers of services or any person or entity with expertise in issues related to homelessness. Section 5 additionally requires state and local agencies to collaborate with and provide information to the Council.

 

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

      Sec. 2. As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires, “Council” means the Nevada Interagency Advisory Council on Homelessness to Housing created by section 3 of this act.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2108 (CHAPTER 343, AB 174)ê

 

      Sec. 3. 1.  The Nevada Interagency Advisory Council on Homelessness to Housing is hereby created. The Council consists of:

      (a) The following ex officio members:

             (1) The Chief of Staff to the Governor or his or her designee;

             (2) The Director of the Department of Health and Human Services or his or her designee;

             (3) The Director of the Department of Corrections or his or her designee;

             (4) The Administrator of the Housing Division of the Department of Business and Industry or his or her designee;

             (5) The Director of the Department of Veterans Services or his or her designee;

             (6) The Sheriff of Clark County or his or her designee; and

             (7) The Sheriff of Washoe County or his or her designee;

      (b) One member who is a member of the Assembly, appointed by the Speaker of the Assembly;

      (c) One member who is a Senator, appointed by the Senate Majority Leader;

      (d) One member who is a district judge from the Second or Eighth Judicial District, appointed by the Nevada District Judges Association or its successor organization;

      (e) One member who is a district judge or master from a judicial district other than the Second or Eighth Judicial District, appointed by the Nevada District Judges Association or its successor organization;

      (f) One member who is the sheriff of a county other than Clark or Washoe, appointed by the Nevada Sheriffs’ and Chiefs’ Association or its successor organization; and

      (g) One member who is not currently homeless but has experienced homelessness in the past, appointed by the Governor.

      2.  The Governor shall appoint the Chair of the Commission from among its members.

      3.  After the initial terms, each appointed member shall serve a term of 4 years. If a vacancy occurs during the term of an appointed member, the person or entity who is responsible for making the appointment pursuant to subsection 1 shall appoint a replacement qualified pursuant to that subsection to serve for the remainder of the unexpired term.

      Sec. 4. 1.  The Council shall meet at the call of the Chair at least four times each year. A majority of the members of the Council constitutes a quorum and is required to transact any business of the Council.

      2.  The members of the Council serve without compensation but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      3.  A member of the Council who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation to prepare for and attend meetings of the Council and perform any work necessary to carry out the duties of the Council in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Council to:

      (a) Make up the time he or she is absent from work to carry out his or her duties as a member of the Council; or

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2109 (CHAPTER 343, AB 174)ê

 

      (b) Take annual leave or compensatory time for the absence.

      4.  The Department of Health and Human Services shall provide such administrative support to the Council as is necessary to carry out the duties of the Council.

      Sec. 5. 1.  The Council shall:

      (a) Collaborate with state and local agencies on their responses to homelessness and promote cooperation among federal, state and local agencies to address homelessness.

      (b) Develop a strategic plan for addressing homelessness in this State that includes, without limitation, recommendations for actions by state and local agencies and for legislation, and update that strategic plan at least once every 5 years.

      (c) Establish a technical assistance committee to provide advice and information to assist the Council in developing the strategic plan described in paragraph (b). The technical assistance committee may include, without limitation, representatives of federal, state and local agencies, providers of services, religious organizations, persons involved in the sale or lease of housing and members of the public.

      (d) Increase awareness of issues relating to homelessness among state and local agencies, organizations that provide services to persons who are homeless and the general public.

      (e) On or before January 1 of each year, submit to the Governor a report concerning the activities of the Council during the immediately preceding year.

      (f) On or before January 1 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a report concerning the activities of the Council during the immediately preceding 2 years.

      2.  The Council may:

      (a) Collaborate with and request the assistance of providers of services or any person or entity with expertise in issues related to homelessness, including, without limitation, employees of federal, state and local agencies and advocacy groups for the homeless, to assist the Council in carrying out its duties; and

      (b) Apply for any available grants and accept any gifts, grants or donations, to assist the Council in carrying out its duties.

      3.  All state and local agencies shall collaborate with the Council in carrying out the duties prescribed in this section and provide the Council with any information requested by the Council to such extent as is consistent with their other lawful duties.

      Sec. 6.  1.  As soon as practicable after July 1, 2019:

      (a) The Speaker of the Assembly shall appoint to the Council the member described in paragraph (b) of subsection 1 of section 3 of this act to a term of office which expires on June 30, 2020;

      (b) The Senate Majority Leader shall appoint to the Council the member described in paragraph (c) of subsection 1 of section 3 of this act to a term of office which expires on June 30, 2021;

      (c) The Nevada District Judges Association or its successor organization shall appoint to the Council the members described in paragraphs (d) and (e) of subsection 1 of section 3 of this act to terms of office which expire on June 30, 2023;

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2110 (CHAPTER 343, AB 174)ê

 

      (d) The Nevada Sheriffs’ and Chiefs’ Association or its successor organization shall appoint to the Council the member described in paragraph (f) of subsection 1 of section 3 of this act to a term of office which expires on June 30, 2021; and

      (e) The Governor shall appoint to the Council the member described in paragraph (g) of subsection 1 of section 3 of this act to a term of office which expires on June 30, 2022.

      2.  As used in this section, “Council” means the Nevada Interagency Advisory Council on Homelessness to Housing created by section 3 of this act.

      Sec. 7.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

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

________

CHAPTER 344, AB 175

Assembly Bill No. 175–Assemblywoman Peters

 

CHAPTER 344

 

[Approved: June 3, 2019]

 

AN ACT relating to environmental health specialists; exempting certain persons from the applicability of provisions governing the practice of environmental health; revising provisions relating to the duties and powers of the board which governs environmental health specialists; revising provisions governing the requirements for application for and registration of environmental health specialists and environmental health specialist trainees; authorizing the issuance of temporary registrations to engage in the practice of environmental health to certain persons; revising the definition of the practice of environmental health; revising provisions governing continuing education; revising provisions governing complaints, grounds thereof and disciplinary action against applicants for and holders of registration to engage in the practice of environmental health; repealing certain provisions which set forth certain duties of the board which governs environmental health specialists; providing civil penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth the requirements for eligibility to engage in the practice of environmental health as an environmental health specialist trainee. (NRS 625A.115) Sections 3, 16 and 27 of this bill provide for the provisional registration of environmental health specialist trainees and revise the requirements for application for such provisional registration to engage in the practice of environmental health as an environmental health specialist trainee.

      Sections 4 and 10 of this bill authorize the issuance of temporary registrations to engage in the practice of environmental health to certain persons who hold a valid and unrestricted registration, certification or license to engage in the practice of environmental health in another state and who meet all the qualifications for registration in this State.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2111 (CHAPTER 344, AB 175)ê

 

      Existing law defines the practice of environmental health and excludes practices in certain fields. (NRS 625A.028) Sections 5 and 17 of this bill: (1) revise the definition of the practice of environmental health; and (2) provide that, with certain exceptions, the provisions of chapter 625A of NRS governing registered environmental health specialists do not apply to certain persons in certain employment or performing certain practices.

      Existing law creates the Board of Registered Environmental Health Specialists. (NRS 625A.030) Sections 14 and 18 of this bill rename the Board as the Board of Environmental Health Specialists and revise the qualifications of members and the process by which the members are selected and its officers elected. Sections 6, 7, 9, 12 and 19-22 of this bill: (1) set forth certain duties of the Board; (2) authorize the Board to issue subpoenas and administer oaths; (3) require the Board to adopt certain regulations regarding the periods, renewal methods and status of registrations issued pursuant to chapter 625A of NRS; (4) authorize members or agents of the Board to inspect premises where environmental health is practiced; (5) revise provisions governing meetings of the Board; (6) revise provisions governing the salaries and compensation of members and employees of the Board; and (7) establish certain requirements for and limitations on the use of certain fees and civil penalties collected by the Board.

      Section 8 of this bill establishes certain requirements which must be satisfied by an applicant for a registration to engage in the practice of environmental health.

      Section 11 of this bill establishes certain provisions governing complaints charging grounds for disciplinary action against applicants for and holders of registration.

      Existing law sets forth the requirements, including a complete set of fingerprints, for an applicant for a registration as an environmental health specialist or environmental health specialist trainee. (NRS 625A.100) Section 24 of this bill sets forth certain circumstances under which such fingerprints are not required to be submitted to the Board.

      Existing law requires an applicant for a registration as an environmental health specialist to have passed an examination certified by the National Environmental Health Association. (NRS 625A.110, 625A.120) Sections 26 and 28 of this bill revise these provisions to exempt certain applicants from the requirement of passing the examination and eliminate certain provisions governing the administration of the examination and management of its results.

      Section 30 of this bill revises provisions governing the fees which may be charged and collected by the Board.

      Section 31 of this bill eliminates a limitation on the number of times the Board may exempt an environmental health specialist from requirements for continuing education following a showing of good cause.

      Section 34 of this bill revises the acts which constitute unprofessional conduct.

      Section 35 of this bill revises the disciplinary or other action that the Board may order against an applicant for or holder of registration.

      Existing law provides that a person who engages in the practice of environmental health in this State without registration by the Board is guilty of a misdemeanor. (NRS 625A.900) Section 36 of this bill authorizes the Board to issue and serve on the person an order to cease and desist, assess against the person an administrative fine of not more than $5,000, or impose both penalties.

      Section 38 of this bill repeals certain provisions which: (1) set forth the purpose of registration of persons who engage in the practice of environmental health; (2) require the Board to file certain written reports with the Governor; (3) require the Board to keep a record of its proceedings and provide for an annual audit of its fiscal records; (4) require the Board to maintain a register of applicants for and holders of registrations; and (5) set forth certain requirements for the contents of certificates of registration.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2112 (CHAPTER 344, AB 175)ê

 

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 625A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2. The Legislature hereby declares that the practice of environmental health is a learned profession, affecting public safety and welfare and charged with the public interest, and is therefore subject to protection and regulation by the State.

      Sec. 3. “Provisional registration” means a provisional registration as an environmental health specialist trainee issued by the Board pursuant to NRS 625A.115.

      Sec. 4. “Temporary registration” means a temporary registration to engage in the practice of environmental health issued by the Board pursuant to section 10 of this act.

      Sec. 5. The provisions of this chapter, other than NRS 625A.910, do not apply to a person who:

      1.  Is employed by the Federal Government and who practices environmental health within the scope of that employment.

      2.  Is employed by and for the Division of Environmental Protection of the State Department of Conservation and Natural Resources or for a local air pollution control board. As used in this subsection, “local air pollution control board” means a board that establishes a program for the control of air pollution pursuant to NRS 445B.500.

      3.  Is employed by and for the Department of Taxation pursuant to chapter 453A or 453D of NRS and the regulations adopted pursuant thereto and who conducts inspections to determine compliance with law and regulations for the cultivation, distribution and licensure of establishments or facilities where marijuana is grown, stored, processed or offered for sale, unless the marijuana is utilized as an agent or ingredient in food products.

      4.  Performs clean up and disposal of hazardous waste and substances as a consultant certified by the State Department of Conservation and Natural Resources pursuant to the provisions of NRS 459.400 to 459.600, inclusive, and the regulations adopted pursuant thereto, unless the clean up and disposal of hazardous waste and substances is performed directly by and for a public health agency.

      5.  Practices in the field of:

      (a) Industrial hygiene, public education, indoor air quality, health physics, mold assessment or mold remediation;

      (b) Zoonotic disease ecology or vector-borne disease ecology, or both, when the practice in that field is performed as a specialty;

      (c) Mining when performed by an employee or contractor of a mining company which is engaged in mining operations in this State;

      (d) Building inspections when performed by a person whose primary purpose is to determine compliance with building and safety codes; or

      (e) Epidemiological investigations performed by a person whose primary profession or employment is as an epidemiologist or disease investigator.

      6.  Practices environmental health on a limited basis in this State if the person:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2113 (CHAPTER 344, AB 175)ê

 

      (a) Practices for not more than 45 days in any calendar year; and

      (b) Holds a valid and unrestricted registration, certification or license as an environmental health specialist in the District of Columbia or any state or territory of the United States whose requirements for that registration, certification or licensure are substantially similar to the requirements for the issuance of a registration as an environmental health specialist in this State.

      Sec. 6. The Board shall:

      1.  Enforce the provisions of this chapter and any regulations adopted pursuant thereto;

      2.  Prepare and maintain a record of its proceedings, including, without limitation, any administrative proceedings;

      3.  Evaluate the qualifications and determine the eligibility of an applicant for any registration issued pursuant to this chapter and, upon payment of the appropriate fee, issue the appropriate registration to a qualified applicant;

      4.  Adopt regulations establishing standards of practice for persons registered pursuant to this chapter and any other regulations necessary to carry out the provisions of this chapter;

      5.  Require a person registered pursuant to this chapter to submit to the Board documentation required by the Board to determine whether the person has acquired the skills necessary to engage in the practice of environmental health;

      6.  Investigate any complaint received by the Board against any person registered pursuant to this chapter;

      7.  Hold hearings to determine whether any provision of this chapter or any regulation adopted pursuant to this chapter has been violated;

      8.  Prescribe by regulation the qualifications required before a person may serve as a hearing officer; and

      9.  Unless the Board determines that extenuating circumstances exist, forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who engages in the practice of or offers to engage in the practice of environmental health without the appropriate registration issued pursuant to the provisions of this chapter.

      Sec. 7. 1.  The Board may issue subpoenas for the attendance of witnesses and production of books and papers.

      2.  Any member of the Board may administer oaths when taking testimony in any matter relating to the duties of the Board.

      Sec. 8. To be eligible for registration by the Board, an applicant for a registration to engage in the practice of environmental health must:

      1.  Be a natural person of good moral character;

      2.  Comply with the requirements set forth in NRS 625A.110;

      3.  Pay the fees provided for in this chapter; and

      4.  Submit all information required to complete an application for such registration.

      Sec. 9. 1.  The Board shall adopt regulations prescribing:

      (a) The period for which a registration issued pursuant to the provisions of this chapter is valid which, except as otherwise provided in section 10 of this act, must be not less than 1 year; and

      (b) The manner in which a registration issued pursuant to this chapter must be renewed.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2114 (CHAPTER 344, AB 175)ê

 

      2.  The Board may adopt regulations providing for the late renewal of a registration and the reinstatement of an expired registration, which may include requirements for continuing education.

      3.  The Board may, at the request of a person registered as an environmental health specialist pursuant to NRS 625A.110, place a registration on inactive status if the holder of the registration does not engage in, or represent that the person is authorized to engage in, the practice of environmental health in this State.

      Sec. 10. 1.  The Board may issue a temporary registration to engage in the practice of environmental health upon application and the payment of the fee required pursuant to NRS 625A.130 to any person who holds a valid and unrestricted registration, certification or license to engage in the practice of environmental health in the District of Columbia or any state or territory of the United States and who meets all the qualifications for registration in this State.

      2.  A temporary registration issued pursuant to this section:

      (a) Is valid for not more than 6 months; and

      (b) May be converted to a registration as an environmental health specialist issued pursuant to NRS 625A.110 upon:

             (1) Payment of the registration fee set forth in NRS 625A.130; and

             (2) Submittal to the Board of any information required by the Board for the conversion of the registration.

      Sec. 11. 1.  A complaint may be made against any applicant for a registration or any holder of a registration charging one or more of the grounds for disciplinary action with such particularity as to enable the defendant to prepare a defense.

      2.  The complaint must be in writing and may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

      3.  The Board shall retain all complaints made pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

      Sec. 12. Any member or agent of the Board may enter any premises in this State where a person who holds a registration issued pursuant to the provisions of this chapter practices environmental health and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing environmental health without the appropriate registration issued pursuant to the provisions of this chapter.

      Sec. 13. NRS 625A.020 is hereby amended to read as follows:

      625A.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 625A.021 to 625A.028, inclusive, and sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 14. NRS 625A.021 is hereby amended to read as follows:

      625A.021  “Board” means the Board of [Registered] Environmental Health Specialists.

      Sec. 15. NRS 625A.025 is hereby amended to read as follows:

      625A.025  1.  “Environmental health specialist” means a person who is engaged in the practice of environmental health and who holds a [certificate of] registration as an environmental health specialist issued by the Board pursuant to [this chapter.]

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2115 (CHAPTER 344, AB 175)ê

 

of] registration as an environmental health specialist issued by the Board pursuant to [this chapter.] NRS 625A.110.

      2.  The term does not include any person [who practices in a field excluded from the definition of the “practice of environmental health”] to whom the provisions of this chapter do not apply pursuant to [subsection 2 of NRS 625A.028,] section 5 of this act, unless the person holds a [certificate of] registration as an environmental health specialist issued by the Board pursuant to [this chapter.] NRS 625A.110.

      Sec. 16. NRS 625A.026 is hereby amended to read as follows:

      625A.026  “Environmental health specialist trainee” means a person who is engaged in the practice of environmental health and who holds a [certificate of] provisional registration as an environmental health specialist trainee issued by the Board pursuant to [this chapter.] NRS 625A.115.

      Sec. 17. NRS 625A.028 is hereby amended to read as follows:

      625A.028  [1.]  “Practice of environmental health” means the use of public health principles in the application of the sanitary sciences [, the biological sciences or the physical sciences] to [investigate,] prevent [or reduce environmentally acquired disease or] human injury and illness [.

      2.  The term does not include practice in the field of:

      (a) Environmental health by a person whose primary work is performed by and for the Division of Environmental Protection of the State Department of Conservation and Natural Resources or for an entity whose activities are limited solely to issues relating to air quality;

      (b) Industrial hygiene, public education, indoor air quality, health physics, mold assessment or mold remediation;

      (c) Cleaning up and disposing of hazardous waste and substances performed by a person who is certified by the State Department of Conservation and Natural Resources pursuant to NRS 459.400 to 459.600, inclusive, and the regulations adopted pursuant thereto, unless the clean up and disposal of the hazardous waste and substances is performed directly by and for a public health agency;

      (d) Zoonotic disease ecology or vector-borne disease ecology, or both, when the practice in that field is performed as a specialty;

      (e) Mining performed by an employee or contractor of a mining company engaged in mining operations in this State;

      (f) Building inspections performed by a person whose primary purpose is to determine compliance with building and safety codes; or

      (g) Epidemiological investigations performed by a person whose primary profession or employment is as an epidemiologist or disease investigator.] by:

      1.  Identifying and evaluating hazardous physical, chemical and biological agents that may adversely affect human health and the environmental sources of those agents; and

      2.  Limiting exposures to those agents in air, water, soil, food and other environmental media or settings.

      Sec. 18. NRS 625A.030 is hereby amended to read as follows:

      625A.030  1.  There is hereby created the Board of [Registered] Environmental Health Specialists, consisting of the Chief Medical Officer or his or her designated representative and four members appointed by the Governor.

      2.  After the initial terms, each member appointed by the Governor [must be appointed for] serves a term of 3 years.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2116 (CHAPTER 344, AB 175)ê

 

      3.  Of the members of the Board appointed by the Governor after the initial appointments:

      (a) Two members must represent the general public. These members must not be:

             (1) An environmental health specialist or environmental health specialist trainee; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of an environmental health specialist or environmental health specialist trainee.

      (b) Two members must be environmental health specialists [,] :

             (1) Each of whom:

                   (I) Holds a current registration issued pursuant to NRS 625A.110 and is in good standing with the Board; and

                   (II) Must have practiced in the field of environmental health for the 3 years immediately preceding his or her appointment.

             (2) Of whom, one must be employed by the health district containing Washoe County and one must be employed by the health district containing Clark County.

      4.  Each member of the Board must be a resident of this State.

      5.  If a vacancy occurs during the term of a member appointed by the Governor, the Governor shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.

      6.  The Governor may, after notice and hearing, remove any member of the Board for misconduct in office, incompetency, neglect of duty or other sufficient cause.

      [5.]7.  The Board shall elect from its members who are [not employees of the State] appointed by the Governor a Chair and [a Secretary. The Chair must be elected biennially on or before July 1 of each even-numbered year. The Secretary continues in office] Vice Chair. The officers of the Board hold their respective offices at the pleasure of the Board.

      Sec. 19. NRS 625A.040 is hereby amended to read as follows:

      625A.040  1.  The Board shall hold at least [one meeting] two meetings annually [to:

      (a) Review and evaluate applications for certificates of registration as environmental health specialists and environmental health specialist trainees.

      (b) Conduct examinations.

      (c) Review expenditures by the Board.

      (d) Prepare reports.

      (e) Transact any other business necessary to enable the Board to carry out its duties.

      2.  Special meetings of the Board may be called by the Secretary upon the written request of any two] and may meet at other times on the call of the Chair or a majority of its members . [of the Board or upon a written request signed by 10 environmental health specialists or environmental health specialist trainees, or any combination thereof.

      3.  Three members]

      2.  A majority of the Board [constitute] constitutes a quorum to transact all business . [, and a majority of those present must concur on any decision.]

      3.  The Board shall comply with the provisions of chapter 241 of NRS and all meetings of the Board must be conducted in accordance with that chapter.

      Sec. 20. NRS 625A.050 is hereby amended to read as follows:

      625A.050  1.  [The Secretary of the Board is entitled to receive:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2117 (CHAPTER 344, AB 175)ê

 

      (a) A salary in an amount fixed by the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  All other members] Members of the Board are entitled to receive:

      (a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      [3.]2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      Sec. 21. NRS 625A.055 is hereby amended to read as follows:

      625A.055  1.  The Board may employ and fix the compensation to be paid to [attorneys,] :

      (a) An Executive Director; and

      (b) Attorneys, investigators and other professional consultants and [clerical personnel] any other employee necessary to the discharge of its duties . [and]

      2.  The Board may reimburse [those] its employees for any actual expenses they incur while acting on behalf of the Board. Any reimbursement paid pursuant to this section is in addition to any per diem allowance or travel expenses paid to those employees pursuant to NRS 625A.050.

      3.  The expenses of the Board and members of the Board, and the salaries of its employees, must be paid from the fees received by the Board pursuant to this chapter, and no part of those expenses and salaries may be paid out of the State General Fund.

      Sec. 22. NRS 625A.060 is hereby amended to read as follows:

      625A.060  1.  All fees collected under the provisions of this chapter must be paid to the Board to be used to defray the necessary expenses of the Board. The [Secretary of the] Board shall [receive and account for all money paid to the Board and] deposit [it] the fees in qualified banks, credit unions, savings and loan associations and savings banks in this [state.

      2.  The compensation and expenses of the members and employees of the Board and the expenses of administering the provisions of this chapter must be paid from the fees received by the Board upon approval by the Board.] State.

      2.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect civil penalties therefor and deposit the money therefrom with the State Treasurer for deposit in the State General Fund.

      3.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to the provisions of subsection 2 and the Board deposits the money collected from the imposition of civil penalties with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2118 (CHAPTER 344, AB 175)ê

 

      Sec. 23. NRS 625A.095 is hereby amended to read as follows:

      625A.095  The provisions of this chapter do not preclude a person [who practices in a field excluded from the definition of the “practice of environmental health”] to whom the provisions do not otherwise apply pursuant to [subsection 2 of NRS 625A.028] section 5 of this act from being issued a [certificate of] registration by the Board if the person otherwise meets the requirements for the issuance of the [certificate.] registration.

      Sec. 24. NRS 625A.100 is hereby amended to read as follows:

      625A.100  [1.]  An applicant for a [certificate of] registration as an environmental health specialist or environmental health specialist trainee shall submit to the Board [, through its Secretary:

      (a)]:

      1.  A completed application on a form prescribed and furnished by the Board;

      [(b) A]

      2.  If not otherwise required by a public employer which employs the applicant, a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

      [(c)]3.  The required fee;

      [(d)]4.  Proof of the applicant’s educational qualifications, practical training and experience; and

      [(e)]5. All information required to complete the application.

      [2.  The fee is not refundable.]

      Sec. 25. NRS 625A.105 is hereby amended to read as follows:

      625A.105  1.  In addition to any other requirements set forth in this chapter, an applicant for a [certificate of] registration as an environmental health specialist or environmental health specialist trainee or the holder of such a [certificate] registration shall:

      (a) Include the social security number of the applicant in the application submitted to the Board.

      (b) Submit to the Board annually [, through its Secretary,] the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Board shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance of the [certificate of] registration; or

      (b) A separate form prescribed by the Board.

      3.  A [certificate of] registration as an environmental health specialist or environmental health specialist trainee may not be issued by the Board if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2119 (CHAPTER 344, AB 175)ê

 

child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 26. NRS 625A.110 is hereby amended to read as follows:

      625A.110  1.  Except as otherwise provided in this section, to be eligible for a [certificate of] registration as an environmental health specialist, an applicant:

      (a) Must:

             (1) Possess a baccalaureate or higher degree from an institution of higher education approved by the Board;

             (2) Have satisfactorily completed at least 45 quarter hours or 30 semester hours of academic work in basic science courses, including biology, chemistry, physics, geology, sanitary engineering or environmental engineering;

             (3) Have passed the [written] examination pursuant to NRS 625A.120; and

             (4) Have at least 2 years of experience approved by the Board in the practice of environmental health;

      (b) Must possess a baccalaureate or higher degree in environmental health or environmental health science from an institution of higher education approved by the Board and have passed the [written] examination pursuant to NRS 625A.120;

      (c) Must possess a master’s degree in public health from an institution of higher education approved by the Board and have passed the [written] examination pursuant to NRS 625A.120; or

      (d) Must possess training or experience obtained during service in the military forces of this State or the United States which the Board determines is equivalent to at least 2 years of experience in the practice of environmental health and have passed the [written] examination pursuant to NRS 625A.120.

      2.  [Except as otherwise provided in this subsection, the] The Board [shall] may issue a [certificate of] registration as an environmental health specialist to a person who [is] has not [qualified under] passed the examination required pursuant to subsection 1 but otherwise meets the requirements of that subsection if [the Board determines to its satisfaction that] the person:

      (a) [Was actively engaged in the practice of environmental health in this State on July 1, 2005; and] Holds a current credential as a registered environmental health specialist with the National Environmental Health Association; or

      (b) [Has completed at least 2 years of successful experience in the practice of environmental health.

Ê To be eligible to be issued a certificate of registration pursuant to this subsection, a person must apply to the Board for a certificate of registration not later than July 1, 2007.] Has passed an examination for registration, certification or licensure to practice environmental health in the District of Columbia or any state or territory of the United States whose examination for that registration, certification or licensure is determined by the Board to be substantially similar to the examination described in NRS 625A.120.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2120 (CHAPTER 344, AB 175)ê

 

      3.  Notwithstanding the provisions of subsection 1 to the contrary, upon written application, the Board may issue a [certificate of] registration as an environmental health specialist to a person by [reciprocity] endorsement if the person [is registered as:] :

      (a) [An] Holds a current credential as a registered environmental health specialist with the National Environmental Health Association; or

      (b) [An] Holds a valid and unrestricted registration, certification or license as an environmental health specialist, environmental health scientist or registered sanitarian in [another jurisdiction recognized by the Board as having] the District of Columbia or any state or territory of the United States whose requirements for that registration [which] , certification or licensure are substantially similar to the requirements for the issuance of a [certificate of] registration as an environmental health specialist in this State.

      Sec. 27. NRS 625A.115 is hereby amended to read as follows:

      625A.115  1.  [A person is eligible to engage in the practice of environmental health as an environmental health specialist trainee if the person possesses a baccalaureate or higher degree which includes the satisfactory completion of at least 45 quarter hours, or 30 semester hours, of academic work in basic science courses, including biology, chemistry, physics, geology, sanitary engineering or environmental engineering, from an institution of higher education approved by the Board.

      2.]  To engage in the practice of environmental health as an environmental health specialist trainee, a person [:

      (a) Must be employed as a part of a training program in which the person engages in the practice of environmental health under the direct supervision of one or more other persons who hold certificates of registration as environmental health specialists; and

      (b) Must] must file with the Board an application for a [certificate of] provisional registration as an environmental health specialist trainee not later than [90] 30 days after the date on which the person initially becomes employed [as a part of the] in a position in which he or she receives training [program.

      3.  Except as otherwise provided in this subsection, the certificate of] in environmental health.

      2.  Upon application and payment of the fees required pursuant to NRS 625A.130, the Board may issue a provisional registration as an environmental health specialist trainee to a person who:

      (a) Meets the educational requirements for registration as an environmental health specialist set forth in subsection 1 of NRS 625A.110;

      (b) Is employed in a position in which he or she receives training in environmental health under the direct supervision of a registered environmental health specialist; and

      (c) Is in the process of obtaining the 2 years of experience in the practice of environmental health required for eligibility for registration as an environmental health specialist pursuant to subsection 1 of NRS 625A.110.

      3.  A provisional registration of a person as an environmental health specialist trainee expires [3 years] 1 year after the date on which the [person initially becomes employed as a part of the training program in which the person engages in the practice of environmental health as an environmental health specialist trainee.] registration was issued. A provisional registration may be renewed not more than twice.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2121 (CHAPTER 344, AB 175)ê

 

      4.  If [, upon completion of the 3-year period,] the person has met all requirements to be issued a [certificate of] registration as an environmental health specialist other than passing the examination required pursuant to NRS 625A.120, the Board may, upon a showing of good cause, grant the person a 1-year extension of the person’s [certificate of] provisional registration as an environmental health specialist trainee before the person must pass the examination. A request for such an extension must be submitted by the person in writing and received by the Board at least 60 days before the date on which the person’s [certificate of] provisional registration as an environmental health specialist trainee expires.

      5.  The Board may adopt regulations providing for the manner in which a provisional registration as an environmental health specialist trainee may be converted to a registration as an environmental health specialist.

      Sec. 28. NRS 625A.120 is hereby amended to read as follows:

      625A.120  [1.]  Except for an applicant who may be issued a [certificate of] registration as an environmental health specialist without an examination pursuant to NRS 625A.110, an applicant who applies for a [certificate of] registration as an environmental health specialist and who is otherwise qualified for the issuance of the [certificate] registration must [appear personally and] pass the [written] national examination [certified] for credentialing as a registered environmental health specialist offered by the National Environmental Health Association . [or an equivalent examination prepared by the Board.

      2.  The examination must be administered by the Board not less than once each year at such time and place in this State as the Board specifies.

      3.  The name of the applicant must not appear on the examination, and the applicant must be identified by a number assigned by the Secretary of the Board.

      4.  All examinations and the records pertaining to them must be filed with the Secretary of the Board and retained for at least 5 years.

      5.  If an applicant fails the examination, the applicant may be reexamined upon resubmission of an application accompanied by the required fee.]

      Sec. 29. NRS 625A.125 is hereby amended to read as follows:

      625A.125  1.  Upon denial of an application for a [certificate of] registration, the Board shall give the person written notice of its decision mailed to the person at his or her last known address by certified mail, return receipt requested. The notice must:

      (a) State the reason for the denial; and

      (b) Inform the person that he or she has the right to a hearing before the Board.

      2.  A written request for a hearing must be filed with the Board within 30 days after the notice is mailed. If a hearing is requested, the Board shall set a time and place for a formal hearing and notify the person of the time and place set for the hearing. The Board shall hold the hearing at the time and place designated in the notice.

      Sec. 30. NRS 625A.130 is hereby amended to read as follows:

      625A.130  [1.  Each applicant for a certificate of registration as an environmental health specialist or environmental health specialist trainee must pay a fee set by the Board not to exceed $250.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2122 (CHAPTER 344, AB 175)ê

 

      2.  Each applicant for a certificate of registration as an environmental health specialist who fails an examination and who desires to be reexamined must pay a fee set by the Board not to exceed $200 for each reexamination.

      3.  Each person who holds a certificate of registration as an environmental health specialist or environmental health specialist trainee must pay to the Secretary of the Board on or before the date fixed by the Board an annual fee for the certificate of registration to be set by the Board not to exceed $100. The annual fee for the certificate of registration must be collected for the year in which the person is initially issued the certificate of registration and for each year thereafter in which the person holds the certificate of registration.

      4.  If a person holds a certificate of registration as an environmental health specialist or environmental health specialist trainee and the person fails to pay the annual fee for the certificate of registration within 60 days after it is due or submit all information required to complete the annual registration, the person’s certificate of registration is automatically suspended. The Board must notify the person that the certificate of registration has been suspended pursuant to this subsection. It may be reinstated pursuant to regulations adopted by the Board.]

      1.  The Board shall charge and collect only the following fees whose amounts must be determined by the Board, but may not exceed:

 

Initial application fee........................................................................... $250

Registration fee........................................................................................ 150

Temporary registration fee...................................................................... 75

Fee for the renewal of a registration................................................... 150

Fee for the late renewal of a registration........................................... 100

Fee for the reinstatement of an expired registration....................... 250

 

      2.  All fees are payable in advance and not refundable.

      3.  If an applicant for registration is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran, the Board shall collect not more than one-half of the fee established pursuant to subsection 1 for the initial issuance of the registration.

      4.  Except as otherwise provided in subsection 3, the fees must be set in such an amount as to reimburse the Board for the cost of carrying out the provisions of this chapter.

      Sec. 31. NRS 625A.150 is hereby amended to read as follows:

      625A.150  1.  The Board shall adopt regulations requiring participation in a program of continuing education as a prerequisite for the renewal of a [certificate of] registration as an environmental health specialist.

      2.  The Board may exempt an environmental health specialist from the requirements for continuing education if he or she is able to show good cause why the requirements could not be met. [The exemption may not be granted to a person more than once in any 6-year period.]

      3.  An environmental health specialist who submits evidence satisfactory to the Board that he or she has retired and is no longer engaged in the practice of environmental health is exempt from the requirements for continuing education established pursuant to this section.

      Sec. 32. NRS 625A.160 is hereby amended to read as follows:

      625A.160  The grounds for initiating disciplinary action under this chapter are:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2123 (CHAPTER 344, AB 175)ê

 

      1.  Unprofessional conduct;

      2.  Conviction of a felony relating to the practice of environmental health or any offense involving moral turpitude;

      3.  The suspension or revocation of a [certificate] registration, certification or license as an environmental health specialist by any other jurisdiction; or

      4.  Failure to meet the requirements for continuing education.

      Sec. 33. NRS 625A.165 is hereby amended to read as follows:

      625A.165  1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a [certificate of] registration as an environmental health specialist or environmental health specialist trainee, the Board shall deem the [certificate of] registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the [certificate of] registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the [certificate of] registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a [certificate of] registration as an environmental health specialist or environmental health specialist trainee that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose [certificate of] registration was suspended stating that the person whose [certificate of] registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 34. NRS 625A.170 is hereby amended to read as follows:

      625A.170  The following acts, among others established by the Board, constitute unprofessional conduct:

      1.  Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a [certificate of] registration;

      2.  [Habitual drunkenness or addiction to the use of a controlled substance;] Conduct that is harmful to the public health or safety;

      3.  Engaging in any conduct in his or her professional activities which is intended to deceive or which the Board has determined is unethical; or

      4.  Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision of this chapter or a regulation of the Board.

      Sec. 35. NRS 625A.180 is hereby amended to read as follows:

      625A.180  1.  If the Board finds after notice and a hearing as required by law, or after providing an opportunity for such a hearing, that disciplinary or other action is necessary, [it] the Board may , in the case of an applicant, refuse to issue a registration, and in all other cases, by order:

      (a) Place the environmental health specialist or environmental health specialist trainee on probation for a specified period or until further order of the Board;

      (b) Administer a public reprimand; [or]

      (c) Suspend or revoke his or her [certificate of] registration [.] ;

      (d) Refuse to renew his or her registration;

      (e) Impose a civil penalty not to exceed $5,000 for each act constituting grounds for disciplinary action; or

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2124 (CHAPTER 344, AB 175)ê

 

      (f) Impose any combination of the disciplinary actions described in paragraphs (a) to (e), inclusive.

      2.  If the order places an environmental health specialist or environmental health specialist trainee on probation, the Board may impose such limitations or conditions upon his or her professional activities as the Board finds consistent to protect the public health.

      3.  The Board shall not administer a private reprimand.

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

      Sec. 36. NRS 625A.900 is hereby amended to read as follows:

      625A.900  1.  [On and after July 1, 2007, a] A person shall not engage in the practice of environmental health in this State unless the person holds a [certificate of] registration as an environmental health specialist issued by the Board pursuant to NRS 625A.110, a temporary registration issued by the Board pursuant to section 10 of this act or a provisional registration as an environmental health specialist trainee issued by the Board pursuant to [this chapter.] NRS 625A.115.

      2.  Any person who violates any provision of this section is guilty of a misdemeanor.

      3.  In addition to any other penalty prescribed by law, if the Board determines that a person has violated the provisions of subsection 1, the Board may:

      (a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper registration or otherwise demonstrates that he or she is no longer in violation of subsection 1. An order to cease and desist must include a telephone number with which the person may contact the Board.

      (b) Assess against the person an administrative fine of not more than $5,000.

      (c) Impose any combination of the penalties set forth in paragraphs (a) and (b).

      Sec. 37. NRS 625A.910 is hereby amended to read as follows:

      625A.910  1.  A person shall not use the title “registered environmental health specialist,” “environmental health specialist,” “registered sanitarian” or “sanitarian,” or the abbreviation “R.E.H.S.,” “E.H.S.” or “R.S.” after his or her name, unless the person holds a [certificate of] registration as an environmental health specialist issued by the Board pursuant to [this chapter.] NRS 625A.110.

      2.  A person shall not use the title “environmental health specialist trainee,” or any abbreviation or letters after his or her name that would suggest that the person is an environmental health specialist trainee, unless the person holds a [certificate of] provisional registration as an environmental health specialist trainee issued by the Board pursuant to [this chapter.] NRS 625A.115.

      3.  Any person who violates any provision of this section is guilty of a misdemeanor.

      Sec. 38. NRS 625A.010, 625A.023, 625A.070, 625A.080, 625A.090 and 625A.140 are hereby repealed.

      Sec. 39.  This act becomes effective on July 1, 2019.

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2125ê

 

CHAPTER 345, AB 226

Assembly Bill No. 226–Assemblyman Daly

 

CHAPTER 345

 

[Approved: June 3, 2019]

 

AN ACT relating to crimes; prohibiting certain entities or persons from requiring another person to undergo implantation of a microchip or other permanent identification marker; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill prohibits the following entities or persons from requiring another person to undergo the implantation of a microchip or other permanent identification marker of any kind or nature: (1) an officer or employee of this State or any political subdivision thereof; (2) an employer who requires such an implant as a condition of employment; (3) a person licensed to sell or provide insurance; or (4) a person licensed to participate in a business related to bail. This bill also defines “microchip” and “voluntarily” for the purposes 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 200 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  It is unlawful for any entity or person described in paragraphs (a) to (d), inclusive, to require another person to undergo the implantation of a microchip or other permanent identification marker of any kind or nature:

      (a) An officer or employee of this State or any political subdivision thereof;

      (b) An employer as a condition of employment;

      (c) A person licensed to sell or provide insurance pursuant to title 57 of NRS; or

      (d) A person licensed to participate in a business related to bail pursuant to chapter 697 of NRS.

      2.  The provisions of this section shall not be construed to prohibit a natural person from voluntarily electing to undergo the implantation of a microchip or other permanent identification marker of any kind or nature.

      3.  A person who violates the provisions of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      4.  As used in this section:

      (a) “Microchip” means a device that is subcutaneously implanted in a person and that is passively or actively capable of transmitting personal information to another device using radio frequency technology. The term does not include a device that is implanted in a person if the device:

             (1) Is incapable of passively or actively transmitting personal information to another device using radio frequency technology;

             (2) Is capable of passively or actively transmitting personal information to another device using radio frequency technology and the device:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2126 (CHAPTER 345, AB 226)ê

 

                   (I) Is used in the diagnosis, monitoring, treatment or prevention of a health condition; and

                   (II) Only transmits such information as is necessary to carry out the diagnosis, monitoring, treatment or prevention of the health condition; or

             (3) Is any type of hearing aid or hearing implant device.

      (b) “Voluntarily” means without an incentive or other inducement.

________

CHAPTER 346, AB 239

Assembly Bill No. 239–Committee on Health and Human Services

 

CHAPTER 346

 

[Approved: June 3, 2019]

 

AN ACT relating to controlled substances; revising requirements concerning the review and investigation of a complaint concerning certain violations relating to controlled substances; requiring certain professional licensing boards that regulate prescriptions for controlled substances or practitioners who issue such prescriptions to develop and disseminate an explanation or technical advisory bulletin concerning certain requirements relating to such prescriptions; clarifying the independent authority of the State Board of Pharmacy to take disciplinary action; revising provisions concerning prescribing controlled substances for the treatment of pain; requiring a system for the maintenance of electronic health records to have certain capabilities; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Executive Director of a professional licensing board that licenses practitioners who are authorized to prescribe controlled substances to conduct a review and evaluation of any complaint or information indicating that a practitioner has engaged in certain inappropriate activity with regard to a controlled substance listed in schedule II, III or IV. (NRS 630.323, 631.364, 632.352, 633.574, 635.152, 636.338) Sections 1-6 of this bill remove the requirement that such a review and an investigation include requiring the practitioner to attest that he or she has complied with certain requirements concerning the prescription of such controlled substances.

      Existing law requires a practitioner, other than a veterinarian, to obtain a patient utilization report from the computerized prescription monitoring program before issuing an initial prescription for a controlled substance listed in schedule II, III or IV or an opioid that is a controlled substance listed in schedule V and at least once every 90 days thereafter for the duration of the course of treatment using the controlled substance. (NRS 639.23507) Existing law additionally requires a practitioner, other than a veterinarian, to meet certain requirements, including performing an evaluation and risk assessment and obtaining informed written consent, before issuing an initial prescription for a controlled substance listed in schedule II, III or IV for the treatment of pain. (NRS 639.23911, 639.23914) Existing law defines the term “initial prescription” to mean a prescription originated for a new patient of a practitioner, other than a veterinarian, or a new prescription to begin a new course of treatment for an existing patient of a practitioner, other than a veterinarian. (NRS 639.0082) Existing regulations of the State Board of Pharmacy define the term “course of treatment” to mean all treatment of a patient for a particular disease or symptom of a disease.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2127 (CHAPTER 346, AB 239)ê

 

disease. (LCB File No. R047-18, adopted on June 26, 2018) Section 7.3 of this bill codifies this definition into statute, and section 8 of this bill makes a conforming change. Section 9 of this bill revises requirements concerning the use of a patient utilization report.

      Section 7.6 of this bill provides that certain requirements concerning prescriptions of a controlled substance listed in schedule II, III or IV for the treatment of pain do not apply to prescriptions for the treatment of the pain of a patient with whom the prescribing practitioner has a bona fide relationship and who: (1) has been diagnosed with cancer or sickle cell disease or any of its variants; or (2) is receiving hospice or palliative care. Section 7.6 also authorizes a practitioner to obtain informed consent that meets certain guidelines in lieu of obtaining informed consent that meets the statutory requirements for informed consent before issuing an initial prescription for a controlled substance listed in schedule II, III or IV for the treatment of the pain of such a patient.

      Existing law imposes certain limitations on an initial prescription of a controlled substance listed in schedule II, III or IV for the treatment of acute pain. (NRS 639.2391) Existing regulations of the Board define the term “acute pain” to mean pain that has an abrupt onset and is caused by an injury or another cause that is not ongoing. (LCB File No. R047-18) Section 10 of this bill: (1) codifies that definition into law; and (2) authorizes a practitioner to prescribe an initial prescription of a controlled substance listed in schedule II, III or IV for the treatment of acute pain for a longer amount of time if the practitioner determines that it is medically necessary.

      Existing law requires an evaluation and risk assessment to be performed before issuing an initial prescription for a controlled substance listed in schedule II, III or IV for the treatment of pain to include: (1) a review of the medical history of the patient; (2) a physical examination; (3) obtaining informed written consent to the use of the controlled substance; and (4) a good faith effort to review the medical records of the patient. (NRS 639.23912) Section 11 of this bill limits the scope of the review of medical history and physical examination. Sections 10.5 and 11 of this bill additionally eliminate the requirement that informed consent must be in writing. Section 11 also limits the applicability of the requirement to make a good faith effort to review the medical records of the patient to: (1) initial prescriptions that will be for more than 30 days; and (2) medical records that are relevant to the prescription.

      Section 11.5 of this bill requires the State Board of Pharmacy to develop and disseminate to each professional licensing board that licenses a practitioner who is authorized to prescribe controlled substances or make available on the Internet website of the Board an explanation or a technical advisory bulletin to inform those professional licensing boards of requirements concerning prescriptions for controlled substances listed in schedule II, III or IV and to update those explanations or bulletins as necessary. Sections 1-6 require each of those professional licensing boards to develop and disseminate or make available to each licensee who is authorized to prescribe controlled substances a similar explanation or bulletin concerning those requirements and the procedures for imposing disciplinary action upon a licensee who violates those requirements.

      Existing regulations of the Board provide that obtaining informed written consent to the use of a controlled substance listed in schedule II, III or IV for the treatment of pain includes viewing previously obtained informed written consent and discussing the provisions of the informed written consent with the person who provided it. (LCB File No. R047-18) Section 13 of this bill provides for the removal of those provisions of that regulation.

      Existing law authorizes the State Board of Pharmacy to suspend or revoke a registration to dispense a controlled substance under certain circumstances. (NRS 453.236, 453.241) Section 12 of this bill clarifies that such authority is not limited by the authority of any other regulatory body to take disciplinary action for the same conduct.

      Existing law requires the State Board of Pharmacy and the Investigation Division of the Department of Public Safety to cooperatively develop a computerized program to track prescriptions for controlled substances listed in schedule II, III, IV or V. To the extent that money is available, existing law requires that program to include the ability to integrate the records of patients in the database of the program with the electronic health records of practitioners.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2128 (CHAPTER 346, AB 239)ê

 

the extent that money is available, existing law requires that program to include the ability to integrate the records of patients in the database of the program with the electronic health records of practitioners. (NRS 453.162) If the program includes that ability, section 12.5 of this bill requires any person or entity that provides a system for the maintenance of electronic health records to a practitioner to ensure that the system includes the ability to integrate the records of patients in the database into the practitioner’s electronic health records.

      Existing law requires a practitioner to consider certain factors before prescribing a controlled substance listed in schedule II, III or IV. (NRS 639.23915) Section 14 of this bill repeals that requirement, and sections 1-6 of this bill remove references to that requirement.

 

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 630.323 is hereby amended to read as follows:

      630.323  1.  The Executive Director of the Board or his or her designee shall review and evaluate any complaint or information received from the Investigation Division of the Department of Public Safety or the State Board of Pharmacy, including, without limitation, information provided pursuant to NRS 453.164, or from a law enforcement agency, professional licensing board or any other source indicating that:

      (a) A licensee has issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV;

      (b) A pattern of prescriptions issued by a licensee indicates that the licensee has issued prescriptions in the manner described in paragraph (a); or

      (c) A patient of a licensee has acquired, used or possessed a controlled substance listed in schedule II, III or IV in a fraudulent, illegal, unauthorized or otherwise inappropriate manner.

      2.  If the Executive Director of the Board or his or her designee receives information described in subsection 1 concerning the licensee, the Executive Director or his or her designee must notify the licensee as soon as practicable after receiving the information.

      3.  A review and evaluation conducted pursuant to subsection 1 must include, without limitation:

      (a) A review of relevant information contained in the database of the program established pursuant to NRS 453.162; and

      (b) [A requirement that the licensee who is the subject of the review and evaluation attest that he or she has complied with the requirements of NRS 639.23507, 639.2391, 639.23911 and 639.23915, as applicable; and

      (c)] A request for additional relevant information from the licensee who is the subject of the review and evaluation.

      4.  If, after a review and evaluation conducted pursuant to subsection 1, the Executive Director or his or her designee determines that a licensee may have issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV, the Board must proceed as if a written complaint had been filed against the licensee. If, after conducting an investigation and a hearing in accordance with the provisions of this chapter, the Board determines that the licensee issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription, the Board must impose appropriate disciplinary action.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2129 (CHAPTER 346, AB 239)ê

 

issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription, the Board must impose appropriate disciplinary action.

      5.  When deemed appropriate, the Executive Director of the Board may:

      (a) Refer information acquired during a review and evaluation conducted pursuant to subsection 1 to another professional licensing board, law enforcement agency or other appropriate governmental entity for investigation and criminal or administrative proceedings.

      (b) Postpone any notification, review or part of such a review required by this section if he or she determines that it is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.

      6.  The Board shall [adopt] :

      (a) Adopt regulations providing for disciplinary action against a licensee for inappropriately prescribing a controlled substance listed in schedule II, III or IV or violating the provisions of NRS 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto. Such disciplinary action must include, without limitation, requiring the licensee to complete additional continuing education concerning prescribing controlled substances listed in schedules II, III and IV.

      (b) Develop and disseminate to each physician and physician assistant licensed pursuant to this chapter or make available on the Internet website of the Board an explanation or a technical advisory bulletin to inform those physicians and physician assistants of the requirements of this section and NRS 630.324, 639.23507 and 639.2391 to 639.23916, inclusive, and any regulations adopted pursuant thereto. The Board shall update the explanation or bulletin as necessary to include any revisions to those provisions of law or regulations. The explanation or bulletin must include, without limitation, an explanation of the requirements that apply to specific controlled substances or categories of controlled substances.

      Sec. 2. NRS 631.364 is hereby amended to read as follows:

      631.364  1.  The Executive Director of the Board or his or her designee shall review and evaluate any complaint or information received from the Investigation Division of the Department of Public Safety or the State Board of Pharmacy, including, without limitation, information provided pursuant to NRS 453.164, or from a law enforcement agency, professional licensing board or any other source indicating that:

      (a) A licensee has issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV;

      (b) A pattern of prescriptions issued by a licensee indicates that the licensee has issued prescriptions in the manner described in paragraph (a); or

      (c) A patient of a licensee has acquired, used or possessed a controlled substance listed in schedule II, III or IV in a fraudulent, illegal, unauthorized or otherwise inappropriate manner.

      2.  If the Executive Director of the Board or his or her designee receives information described in subsection 1 concerning the licensee, the Executive Director or his or her designee must notify the licensee as soon as practicable after receiving the information.

      3.  A review and evaluation conducted pursuant to subsection 1 must include, without limitation:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2130 (CHAPTER 346, AB 239)ê

 

      (a) A review of relevant information contained in the database of the program established pursuant to NRS 453.162; and

      (b) [A requirement that the licensee who is the subject of the review and evaluation attest that he or she has complied with the requirements of NRS 639.23507, 639.2391, 639.23911 and 639.23915, as applicable; and

      (c)] A request for additional relevant information from the licensee who is the subject of the review and evaluation.

      4.  If, after a review and evaluation conducted pursuant to subsection 1, the Executive Director or his or her designee determines that a licensee may have issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV, the Board must proceed as if a written complaint had been filed against the licensee. If, after conducting an investigation and a hearing in accordance with the provisions of this chapter, the Board determines that the licensee issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription, the Board must impose appropriate disciplinary action.

      5.  When deemed appropriate, the Executive Director of the Board may:

      (a) Refer information acquired during a review and evaluation conducted pursuant to subsection 1 to another professional licensing board, law enforcement agency or other appropriate governmental entity for investigation and criminal or administrative proceedings.

      (b) Postpone any notification, review or part of such a review required by this section if he or she determines that it is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.

      6.  The Board shall [adopt] :

      (a) Adopt regulations providing for disciplinary action against a licensee for inappropriately prescribing a controlled substance listed in schedule II, III or IV or violating the provisions of NRS 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto. Such disciplinary action must include, without limitation, requiring the licensee to complete additional continuing education concerning prescribing controlled substances listed in schedules II, III and IV.

      (b) Develop and disseminate to each dentist licensed pursuant to this chapter or make available on the Internet website of the Board an explanation or a technical advisory bulletin to inform those dentists of the requirements of this section and NRS 631.365, 639.23507 and 639.2391 to 639.23916, inclusive, and any regulations adopted pursuant thereto. The Board shall update the explanation or bulletin as necessary to include any revisions to those provisions of law or regulations. The explanation or bulletin must include, without limitation, an explanation of the requirements that apply to specific controlled substances or categories of controlled substances.

      Sec. 3. NRS 632.352 is hereby amended to read as follows:

      632.352  1.  The Executive Director of the Board or his or her designee shall review and evaluate any complaint or information received from the Investigation Division of the Department of Public Safety or the State Board of Pharmacy, including, without limitation, information provided pursuant to NRS 453.164, or from a law enforcement agency, professional licensing board or any other source indicating that:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2131 (CHAPTER 346, AB 239)ê

 

      (a) A licensee has issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV;

      (b) A pattern of prescriptions issued by a licensee indicates that the licensee has issued prescriptions in the manner described in paragraph (a); or

      (c) A patient of a licensee has acquired, used or possessed a controlled substance listed in schedule II, III or IV in a fraudulent, illegal, unauthorized or otherwise inappropriate manner.

      2.  If the Executive Director of the Board or his or her designee receives information described in subsection 1 concerning the licensee, the Executive Director or his or her designee must notify the licensee as soon as practicable after receiving the information.

      3.  A review and evaluation conducted pursuant to subsection 1 must include, without limitation:

      (a) A review of relevant information contained in the database of the program established pursuant to NRS 453.162; and

      (b) [A requirement that the licensee who is the subject of the review and evaluation attest that he or she has complied with the requirements of NRS 639.23507, 639.2391, 639.23911 and 639.23915, as applicable; and

      (c)] A request for additional relevant information from the licensee who is the subject of the review and evaluation.

      4.  If, after a review and evaluation conducted pursuant to subsection 1, the Executive Director or his or her designee determines that a licensee may have issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV, the Board must proceed as if a written complaint had been filed against the licensee. If, after conducting an investigation and a hearing in accordance with the provisions of this chapter, the Board determines that the licensee issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription, the Board must impose appropriate disciplinary action.

      5.  When deemed appropriate, the Executive Director of the Board may:

      (a) Refer information acquired during a review and evaluation conducted pursuant to subsection 1 to another professional licensing board, law enforcement agency or other appropriate governmental entity for investigation and criminal or administrative proceedings.

      (b) Postpone any notification, review or part of such a review required by this section if he or she determines that it is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.

      6.  The Board shall [adopt] :

      (a) Adopt regulations providing for disciplinary action against a licensee for inappropriately prescribing a controlled substance listed in schedule II, III or IV or violating the provisions of NRS 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto. Such disciplinary action must include, without limitation, requiring the licensee to complete additional continuing education concerning prescribing controlled substances listed in schedules II, III and IV.

      (b) Develop and disseminate to each advanced practice registered nurse licensed pursuant to NRS 632.237 or make available on the Internet website of the Board an explanation or a technical advisory bulletin to inform those advanced practice registered nurses of the requirements of this section and NRS 632.353, 639.23507 and 639.2391 to 639.23916, inclusive, and any regulations adopted pursuant thereto.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2132 (CHAPTER 346, AB 239)ê

 

inform those advanced practice registered nurses of the requirements of this section and NRS 632.353, 639.23507 and 639.2391 to 639.23916, inclusive, and any regulations adopted pursuant thereto. The Board shall update the explanation or bulletin as necessary to include any revisions to those provisions of law or regulations. The explanation or bulletin must include, without limitation, an explanation of the requirements that apply to specific controlled substances or categories of controlled substances.

      Sec. 4. NRS 633.574 is hereby amended to read as follows:

      633.574  1.  The Executive Director of the Board or his or her designee shall review and evaluate any complaint or information received from the Investigation Division of the Department of Public Safety or the State Board of Pharmacy, including, without limitation, information provided pursuant to NRS 453.164, or from a law enforcement agency, professional licensing board or any other source indicating that:

      (a) A licensee has issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV;

      (b) A pattern of prescriptions issued by a licensee indicates that the licensee has issued prescriptions in the manner described in paragraph (a); or

      (c) A patient of a licensee has acquired, used or possessed a controlled substance listed in schedule II, III or IV in a fraudulent, illegal, unauthorized or otherwise inappropriate manner.

      2.  If the Executive Director of the Board or his or her designee receives information described in subsection 1 concerning the licensee, the Executive Director or his or her designee must notify the licensee as soon as practicable after receiving the information.

      3.  A review and evaluation conducted pursuant to subsection 1 must include, without limitation:

      (a) A review of relevant information contained in the database of the program established pursuant to NRS 453.162; and

      (b) [A requirement that the licensee who is the subject of the review and evaluation attest that he or she has complied with the requirements of NRS 639.23507, 639.2391, 639.23911 and 639.23915, as applicable; and

      (c)] A request for additional relevant information from the licensee who is the subject of the review and evaluation.

      4.  If, after a review and evaluation conducted pursuant to subsection 1, the Executive Director or his or her designee determines that a licensee may have issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV, the Board must proceed as if a written complaint had been filed against the licensee. If, after conducting an investigation and a hearing in accordance with the provisions of this chapter, the Board determines that the licensee issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription, the Board must impose appropriate disciplinary action.

      5.  When deemed appropriate, the Executive Director of the Board may:

      (a) Refer information acquired during a review and evaluation conducted pursuant to subsection 1 to another professional licensing board, law enforcement agency or other appropriate governmental entity for investigation and criminal or administrative proceedings.

      (b) Postpone any notification, review or part of such a review required by this section if he or she determines that it is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2133 (CHAPTER 346, AB 239)ê

 

suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.

      6.  The Board shall [adopt] :

      (a) Adopt regulations providing for disciplinary action against a licensee for inappropriately prescribing a controlled substance listed in schedule II, III or IV or violating the provisions of NRS 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto. Such disciplinary action must include, without limitation, requiring the licensee to complete additional continuing education concerning prescribing controlled substances listed in schedules II, III and IV.

      (b) Develop and disseminate to each osteopathic physician and physician assistant licensed pursuant to this chapter or make available on the Internet website of the Board an explanation or a technical advisory bulletin to inform those osteopathic physicians and physician assistants of the requirements of this section and NRS 633.577, 639.23507 and 639.2391 to 639.23916, inclusive, and any regulations adopted pursuant thereto. The Board shall update the explanation or bulletin as necessary to include any revisions to those provisions of law or regulations. The explanation or bulletin must include, without limitation, an explanation of the requirements that apply to specific controlled substances or categories of controlled substances.

      Sec. 5. NRS 635.152 is hereby amended to read as follows:

      635.152  1.  The President of the Board or his or her designee shall review and evaluate any complaint or information received from the Investigation Division of the Department of Public Safety or the State Board of Pharmacy, including, without limitation, information provided pursuant to NRS 453.164, or from a law enforcement agency, professional licensing board or any other source indicating that:

      (a) A licensee has issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV;

      (b) A pattern of prescriptions issued by a licensee indicates that the licensee has issued prescriptions in the manner described in paragraph (a); or

      (c) A patient of a licensee has acquired, used or possessed a controlled substance listed in schedule II, III or IV in a fraudulent, illegal, unauthorized or otherwise inappropriate manner.

      2.  If the President of the Board or his or her designee receives information described in subsection 1 concerning the licensee, the President or his or her designee must notify the licensee as soon as practicable after receiving the information.

      3.  A review and evaluation conducted pursuant to subsection 1 must include, without limitation:

      (a) A review of relevant information contained in the database of the program established pursuant to NRS 453.162; and

      (b) [A requirement that the licensee who is the subject of the review and evaluation attest that he or she has complied with the requirements of NRS 639.23507, 639.2391, 639.23911 and 639.23915, as applicable; and

      (c)] A request for additional relevant information from the licensee who is the subject of the review and evaluation.

      4.  If, after a review and evaluation conducted pursuant to subsection 1, the President or his or her designee determines that a licensee may have issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV, the Board must proceed as if a written complaint had been filed against the licensee.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2134 (CHAPTER 346, AB 239)ê

 

prescription for a controlled substance listed in schedule II, III or IV, the Board must proceed as if a written complaint had been filed against the licensee. If, after conducting an investigation and a hearing in accordance with the provisions of this chapter, the Board determines that the licensee issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription, the Board must impose appropriate disciplinary action.

      5.  When deemed appropriate, the President of the Board may:

      (a) Refer information acquired during a review and evaluation conducted pursuant to subsection 1 to another professional licensing board, law enforcement agency or other appropriate governmental entity for investigation and criminal or administrative proceedings.

      (b) Postpone any notification, review or part of such a review required by this section if he or she determines that it is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.

      6.  The Board shall [adopt] :

      (a) Adopt regulations providing for disciplinary action against a licensee for inappropriately prescribing a controlled substance listed in schedule II, III or IV or violating the provisions of NRS 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto. Such disciplinary action must include, without limitation, requiring the licensee to complete additional continuing education concerning prescribing controlled substances listed in schedules II, III and IV.

      (b) Develop and disseminate to each podiatric physician licensed pursuant to this chapter or make available on the Internet website of the Board an explanation or a technical advisory bulletin to inform those podiatric physicians of the requirements of this section and NRS 635.153, 639.23507 and 639.2391 to 639.23916, inclusive, and any regulations adopted pursuant thereto. The Board shall update the explanation or bulletin as necessary to include any revisions to those provisions of law or regulations. The explanation or bulletin must include, without limitation, an explanation of the requirements that apply to specific controlled substances or categories of controlled substances.

      Sec. 6. NRS 636.338 is hereby amended to read as follows:

      636.338  1.  The Executive Director of the Board or his or her designee shall review and evaluate any complaint or information received from the Investigation Division of the Department of Public Safety or the State Board of Pharmacy, including, without limitation, information provided pursuant to NRS 453.164, or from a law enforcement agency, professional licensing board or any other source indicating that:

      (a) A licensee has issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV;

      (b) A pattern of prescriptions issued by a licensee indicates that the licensee has issued prescriptions in the manner described in paragraph (a); or

      (c) A patient of a licensee has acquired, used or possessed a controlled substance listed in schedule II, III or IV in a fraudulent, illegal, unauthorized or otherwise inappropriate manner.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2135 (CHAPTER 346, AB 239)ê

 

      2.  If the Executive Director of the Board or his or her designee receives information described in subsection 1 concerning the licensee, the Executive Director or his or her designee must notify the licensee as soon as practicable after receiving the information.

      3.  A review and evaluation conducted pursuant to subsection 1 must include, without limitation:

      (a) A review of relevant information contained in the database of the program established pursuant to NRS 453.162; and

      (b) [A requirement that the licensee who is the subject of the review and evaluation attest that he or she has complied with the requirements of NRS 639.23507, 639.2391, 639.23911 and 639.23915, as applicable; and

      (c)] A request for additional relevant information from the licensee who is the subject of the review and evaluation.

      4.  If, after a review and evaluation conducted pursuant to subsection 1, the Executive Director or his or her designee determines that a licensee may have issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule II, III or IV, the Board must proceed as if a written complaint had been filed against the licensee. If, after conducting an investigation and a hearing in accordance with the provisions of this chapter, the Board determines that the licensee issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription, the Board must impose appropriate disciplinary action.

      5.  When deemed appropriate, the Executive Director of the Board may:

      (a) Refer information acquired during a review and evaluation conducted pursuant to subsection 1 to another professional licensing board, law enforcement agency or other appropriate governmental entity for investigation and criminal or administrative proceedings.

      (b) Postpone any notification, review or part of such a review required by this section if he or she determines that it is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.

      6.  The Board shall [adopt] :

      (a) Adopt regulations providing for disciplinary action against a licensee for inappropriately prescribing a controlled substance listed in schedule II, III or IV or violating the provisions of NRS 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto. Such disciplinary action must include, without limitation, requiring the licensee to complete additional continuing education concerning prescribing controlled substances listed in schedules II, III and IV.

      (b) Develop and disseminate to each optometrist who is certified to prescribe and administer therapeutic pharmaceutical agents pursuant to NRS 636.288 or make available on the Internet website of the Board an explanation or a technical advisory bulletin to inform those optometrists of the requirements of this section and NRS 636.339, 639.23507 and 639.2391 to 639.23916, inclusive, and any regulations adopted pursuant thereto. The Board shall update the explanation or bulletin as necessary to include any revisions to those provisions of law or regulations. The explanation or bulletin must include, without limitation, an explanation of the requirements that apply to specific controlled substances or categories of controlled substances.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2136 (CHAPTER 346, AB 239)ê

 

      Sec. 7. Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 7.3 and 7.6 of this act.

      Sec. 7.3. “Course of treatment” means all treatment of a patient for a particular disease or symptom of a disease, including, without limitation, a new treatment initiated by any practitioner, other than a veterinarian, for a disease or symptom for which the patient was previously receiving treatment.

      Sec. 7.6. 1.  Except as otherwise provided in this section, the provisions of NRS 639.2391 to 639.23914, inclusive, do not apply to any prescription for a controlled substance listed in schedule II, III or IV for the treatment of the pain of a patient who:

      (a) Has been diagnosed with cancer or sickle cell disease or any of its variants; or

      (b) Is receiving hospice care or palliative care.

      2.  Before issuing an initial prescription for a controlled substance listed in schedule II, III or IV for the treatment of the pain of a patient described in subsection 1, a practitioner must:

      (a) Have established a bona fide relationship, as described in subsection 4 of NRS 639.235, with the patient; and

      (b) Obtain informed consent to the use of the controlled substance that meets the requirements of subsection 2 of NRS 639.23912 or any applicable guidelines or standards for informed consent prescribed by:

             (1) If the patient is receiving hospice or palliative care, the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services;

             (2) If the patient has been diagnosed with cancer, the American Society of Clinical Oncology or its successor organization or, if that organization ceases to exist, a similar organization designated by regulation of the Board; or

             (3) If the patient has been diagnosed with sickle cell disease or any of its variants, the National Heart, Lung and Blood Institute or its successor organization or, if that organization ceases to exist, a similar organization designated by regulation of the Board.

      Sec. 8. NRS 639.001 is hereby amended to read as follows:

      639.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 639.0015 to 639.016, inclusive, and section 7.3 of this act have the meanings ascribed to them in those sections.

      Sec. 9. NRS 639.23507 is hereby amended to read as follows:

      639.23507  1.  [A] Except as otherwise provided in subsection 2, a practitioner, other than a veterinarian, shall, before issuing an initial prescription for a controlled substance listed in schedule II, III or IV or an opioid that is a controlled substance listed in schedule V and at least once every 90 days thereafter for the duration of the course of treatment using the controlled substance, obtain a patient utilization report regarding the patient from the computerized program established by the Board and the Investigation Division of the Department of Public Safety pursuant to NRS 453.162. The practitioner shall:

      (a) Review the patient utilization report ; [to assess whether the prescription for the controlled substance is medically necessary;] and

      (b) Determine whether the patient has been issued another prescription for the same controlled substance that provides for ongoing treatment using the controlled substance. If the practitioner determines from the patient utilization report or from any other source that the patient has been issued such a prescription, the practitioner shall not prescribe the controlled substance [.]

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2137 (CHAPTER 346, AB 239)ê

 

utilization report or from any other source that the patient has been issued such a prescription, the practitioner shall not prescribe the controlled substance [.] unless the practitioner determines that issuing the prescription is medically necessary.

      2.  A practitioner, other than a veterinarian, may issue a prescription for a controlled substance listed in schedule II, III or IV or an opioid that is a controlled substance listed in schedule V for the treatment of a patient who has been diagnosed with cancer or sickle cell disease or who is receiving hospice or palliative care without complying with the requirements of subsection 1 if the practitioner determines that obtaining a patient utilization report will unreasonably delay care of the patient. A practitioner who issues a prescription pursuant to this subsection must obtain a patient utilization report as described in subsection 1 as soon as practicable.

      3.  If a practitioner who attempts to obtain a patient utilization report as required by subsection 1 fails to do so because the computerized program is unresponsive or otherwise unavailable, the practitioner:

      (a) Shall be deemed to have complied with subsection 1 if the practitioner documents the attempt and failure in the medical record of the patient.

      (b) Is not liable for the failure.

      [3.]4.  The Board shall adopt regulations to provide alternative methods of compliance with subsection 1 for a physician while he or she is providing service in a hospital emergency department. The regulations must include, without limitation, provisions that allow a hospital to designate members of hospital staff to act as delegates for the purposes of accessing the database of the computerized program and obtaining patient utilization reports from the computerized program on behalf of such a physician.

      Sec. 10. NRS 639.2391 is hereby amended to read as follows:

      639.2391  1.  If a practitioner, other than a veterinarian, prescribes or dispenses to a patient for the treatment of pain a quantity of controlled substance that exceeds the amount prescribed by this subsection, the practitioner must document in the medical record of the patient the reasons for prescribing that quantity. A practitioner shall document the information required by this subsection if the practitioner prescribes for or dispenses for the treatment of pain:

      (a) In any period of 365 consecutive days, a larger quantity of a controlled substance listed in schedule II, III or IV than will be used in 365 days if the patient adheres to the dose prescribed; or

      (b) At any one time, a larger quantity of a controlled substance listed in schedule II, III or IV than will be used in 90 days if the patient adheres to the dose prescribed.

      2.  [A] Unless the practitioner determines that the prescription is medically necessary, a practitioner, other than a veterinarian, shall not issue an initial prescription of a controlled substance listed in schedule II, III or IV for the treatment of acute pain that prescribes:

      (a) An amount of the controlled substance that is intended to be used for more than 14 days; and

      (b) If the controlled substance is an opioid and a prescription for an opioid has never been issued to the patient or the most recent prescription issued to the patient for an opioid was issued more than 19 days before the date of the initial prescription for the treatment of acute pain, a dose of the controlled substance that exceeds 90 morphine milligram equivalents per day.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2138 (CHAPTER 346, AB 239)ê

 

controlled substance that exceeds 90 morphine milligram equivalents per day. For the purposes of this paragraph, the daily dose of a controlled substance must be calculated in accordance with the most recent guidelines prescribed by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.

      3.  As used in this section, “acute pain” means pain that has an abrupt onset and is caused by injury or another cause that is not ongoing. The term does not include chronic pain or pain that is being treated as part of care for cancer, palliative care, hospice care or other end-of-life care.

      Sec. 10.5. NRS 639.23911 is hereby amended to read as follows:

      639.23911  1.  Before issuing an initial prescription for a controlled substance listed in schedule II, III or IV for the treatment of pain, a practitioner, other than a veterinarian, must:

      (a) Have established a bona fide relationship, as described in subsection 4 of NRS 639.235, with the patient;

      (b) Perform an evaluation and risk assessment of the patient that meets the requirements of subsection 1 of NRS 639.23912;

      (c) Establish a preliminary diagnosis of the patient and a treatment plan tailored toward treating the pain of the patient and the cause of that pain;

      (d) Document in the medical record of the patient the reasons for prescribing the controlled substance instead of an alternative treatment that does not require the use of a controlled substance; and

      (e) Obtain informed [written] consent to the use of the controlled substance that meets the requirements of subsection 2 of NRS 639.23912 from:

             (1) The patient, if the patient is 18 years of age or older or legally emancipated and has the capacity to give such consent;

             (2) The parent or guardian of a patient who is less than 18 years of age and not legally emancipated; or

             (3) The legal guardian of a patient of any age who has been adjudicated mentally incapacitated.

      2.  If a practitioner, other than a veterinarian, prescribes a controlled substance listed in schedule II, III or IV for the treatment of pain, the practitioner shall not issue more than one additional prescription that increases the dose of the controlled substance unless the practitioner meets with the patient, in person or using telehealth, to reevaluate the treatment plan established pursuant to paragraph (c) of subsection 1.

      Sec. 11. NRS 639.23912 is hereby amended to read as follows:

      639.23912  1.  An evaluation and risk assessment of a patient conducted pursuant to paragraph (b) of subsection 1 of NRS 639.23911 must include, without limitation:

      (a) Obtaining and reviewing a relevant medical history of the patient.

      (b) Conducting a physical examination of the patient [.] directed to the source of the patient’s pain and within the scope of practice of the practitioner.

      (c) [Making] If the prescription is for a quantity of a controlled substance listed in schedule II, III or IV that is intended to be used in not less than 30 days:

             (1) Making a good faith effort to obtain and review [the] any medical records of the patient from any other provider of health care who has provided care to the patient [. The practitioner shall document] that are relevant to the prescription; and

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2139 (CHAPTER 346, AB 239)ê

 

             (2) Documenting efforts to obtain such medical records and the conclusions from reviewing any such medical records in the medical record of the patient.

      (d) Assessing the mental health and risk of abuse, dependency and addiction of the patient using methods supported by peer-reviewed scientific research and validated by a nationally recognized organization.

      2.  The informed [written] consent obtained pursuant to paragraph (e) of subsection 1 of NRS 639.23911 must include [, without limitation,] , where applicable, information concerning:

      (a) The potential risks and benefits of treatment using the controlled substance, including if a form of the controlled substance that is designed to deter abuse is available, the risks and benefits of using that form;

      (b) Proper use of the controlled substance;

      (c) Any alternative means of treating the symptoms of the patient and the cause of such symptoms;

      (d) The important provisions of the treatment plan established for the patient pursuant to paragraph (c) of subsection 1 of NRS 639.23911 in a clear and simple manner;

      (e) The risks of dependency, addiction and overdose during treatment using the controlled substance;

      (f) Methods to safely store and legally dispose of the controlled substance;

      (g) The manner in which the practitioner will address requests for refills of the prescription, including, without limitation, an explanation of the provisions of NRS 639.23913, if applicable;

      (h) If the patient is a woman between 15 and 45 years of age, the risk to a fetus of chronic exposure to controlled substances during pregnancy, including, without limitation, the risks of fetal dependency on the controlled substance and neonatal abstinence syndrome;

      (i) If the controlled substance is an opioid, the availability of an opioid antagonist, as defined in NRS 453C.040, without a prescription; and

      (j) If the patient is an unemancipated minor, the risks that the minor will abuse or misuse the controlled substance or divert the controlled substance for use by another person and ways to detect such abuse, misuse or diversion.

      3.  A practitioner shall document a conversation in which a patient provided informed consent that meets the requirements of subsection 2 in the medical record of the patient. If a patient provides informed written consent, the practitioner must include the document on which the informed consent is recorded in the medical record of the patient.

      Sec. 11.5. NRS 639.23916 is hereby amended to read as follows:

      639.23916  1.  The Board may adopt any regulations necessary or convenient to enforce the provisions of NRS 639.23507 and 639.2391 to 639.23916, inclusive. Such regulations may impose additional requirements concerning the prescription of a controlled substance listed in schedule II, III or IV by a practitioner, other than a veterinarian, for the treatment of pain.

      2.  The Board shall develop and disseminate to each professional licensing board that licenses a practitioner, other than a veterinarian, or make available on the Internet website of the Board an explanation or a technical advisory bulletin to inform those professional licensing boards of the requirements of NRS 639.23507 and 639.2391 to 639.23916, inclusive, and any regulations adopted pursuant thereto. The Board shall update the explanation or bulletin as necessary to include any revisions to those provisions of law or regulations.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2140 (CHAPTER 346, AB 239)ê

 

provisions of law or regulations. The explanation or bulletin must include, without limitation, an explanation of the requirements that apply to specific controlled substances or categories of controlled substances.

      3.  A practitioner who violates any provision of NRS 639.23507 and 639.2391 to 639.23916, inclusive, or any regulations adopted pursuant thereto is:

      (a) Not guilty of a misdemeanor; and

      (b) Subject to professional discipline.

      Sec. 12. Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:

      The authority of the Board to take disciplinary action to enforce the provisions of this chapter is not limited by the authority of any other regulatory body that may be authorized or required to take disciplinary action for the same conduct with respect to any license, registration, certificate or other professional designation issued and regulated by that regulatory body.

      Sec. 12.5. NRS 453.162 is hereby amended to read as follows:

      453.162  1.  The Board and the Division shall cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III, IV or V that is filled by a pharmacy that is registered with the Board or that is dispensed by a practitioner who is registered with the Board. The program must:

      (a) Be designed to provide information regarding:

             (1) The inappropriate use by a patient of controlled substances listed in schedules II, III, IV or V to pharmacies, practitioners and appropriate state and local governmental agencies, including, without limitation, law enforcement agencies and occupational licensing boards, to prevent the improper or illegal use of those controlled substances; and

             (2) Statistical data relating to the use of those controlled substances that is not specific to a particular patient.

      (b) Be administered by the Board, the Investigation Division, the Division of Public and Behavioral Health of the Department and various practitioners, representatives of professional associations for practitioners, representatives of occupational licensing boards and prosecuting attorneys selected by the Board and the Investigation Division.

      (c) Not infringe on the legal use of a controlled substance for the management of severe or intractable pain.

      (d) Include the contact information of each person who is required to access the database of the program pursuant to NRS 453.164, including, without limitation:

             (1) The name of the person;

             (2) The physical address of the person;

             (3) The telephone number of the person; and

             (4) If the person maintains an electronic mail address, the electronic mail address of the person.

      (e) Include, for each prescription of a controlled substance listed in schedule II, III, IV or V:

             (1) The fewest number of days necessary to consume the quantity of the controlled substance dispensed to the patient if the patient consumes the maximum dose of the controlled substance authorized by the prescribing practitioner;

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2141 (CHAPTER 346, AB 239)ê

 

             (2) Each state in which the patient to whom the controlled substance was prescribed has previously resided or filled a prescription for a controlled substance listed in schedule II, III, IV or V; and

             (3) The code established in the International Classification of Diseases, Tenth Revision, Clinical Modification, adopted by the National Center for Health Statistics and the Centers for Medicare and Medicaid Services, or the code used in any successor classification system adopted by the National Center for Health Statistics and the Centers for Medicare and Medicaid Services, that corresponds to the diagnosis for which the controlled substance was prescribed.

      (f) To the extent that money is available, include:

             (1) A means by which a practitioner may designate in the database of the program that he or she suspects that a patient is seeking a prescription for a controlled substance for an improper or illegal purpose. If the Board reviews the designation and determines that such a designation is warranted, the Board shall inform pharmacies, practitioners and appropriate state agencies that the patient is seeking a prescription for a controlled substance for an improper or illegal purpose as described in subparagraph (1) of paragraph (a).

             (2) The ability to integrate the records of patients in the database of the program with the electronic health records of practitioners.

      2.  If the Board includes in the program the ability to integrate the records of patients in the database of the program with the electronic health records of practitioners:

      (a) The Board may adopt any regulations necessary to carry out the integration; and

      (b) Any person or entity that provides a system for the maintenance of electronic health records to a practitioner must ensure that the system includes, as a function of the system, the ability to integrate the records of patients in the database of the program into the electronic health records of the practitioner.

      3.  The Board, the Division and each employee thereof are immune from civil and criminal liability for any action relating to the collection, maintenance and transmission of information pursuant to this section and NRS 453.163 to 453.1645, inclusive, if a good faith effort is made to comply with applicable laws and regulations.

      [3.]4.  The Board and the Division may apply for any available grants and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.

      5.  As used in this section, “electronic health record” has the meaning ascribed to it in 42 U.S.C. § 17921.

      Sec. 13.  Sections 2, 3 and 4 of the regulation adopted by the State Board of Pharmacy, LCB File No. R047-18, are hereby declared to be void and unenforceable on the effective date of this act. In preparing supplements to the Nevada Administrative Code on or after the effective date of this act, the Legislative Counsel shall remove those sections of that regulation.

      Sec. 14. NRS 639.23915 is hereby repealed.

      Sec. 15.  This act becomes effective upon passage and approval.

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2142ê

 

CHAPTER 347, AB 242

Assembly Bill No. 242–Assemblymen Cohen, Frierson and Ellison

 

Joint Sponsor: Senator Goicoechea

 

CHAPTER 347

 

[Approved: June 3, 2019]

 

AN ACT relating to economic development; creating the Nevada Air Service Development Commission; creating the Nevada Air Service Development Fund; providing for the management of the Fund; setting forth the duties of the Commission; requiring the Commission to develop a program to provide grants of money from the Fund to certain air carriers; establishing criteria for awarding grants of money from the Fund to certain air carriers; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Nevada Constitution contains a provision commonly known as a “gift clause” that restricts the State, under certain circumstances, from donating or loaning the State’s money or credit to any company, association or corporation, except corporations formed for an educational or charitable purpose. (Nev. Const. Art. 8, § 9) The State loans its credit in violation of this constitutional provision only when the State acts as a surety or guarantor for the debts of a company, corporation or association. (Employers Ins. Co. of Nev. v. State Bd. of Exam’rs, 117 Nev. 249, 258 (2001)) The State does not donate, loan or “gift” its money in violation of this constitutional provision when the State dispenses state funds for a public purpose and the State receives a valuable benefit or fair consideration in exchange for the dispensation of the state funds. (Lawrence v. Clark County, 127 Nev. 390, 405 (2011)) In most cases, a court generally will give great weight and due deference to the Legislature’s finding that a particular dispensation of state funds serves a public purpose and that the State receives a valuable benefit or fair consideration in exchange for the dispensation. (McLaughlin v. Hous. Auth. of Las Vegas, 68 Nev. 84, 93 (1951); Lawrence v. Clark County, 127 Nev. 390, 399 (2011); see also Washoe County Water Conserv. Dist. v. Beemer, 56 Nev. 104, 115 (1935); Cauble v. Beemer, 64 Nev. 77, 82-85 (1947); State ex rel. Brennan v. Bowman, 89 Nev. 330, 332-33 (1973))

      Section 10 of this bill creates the Nevada Air Service Development Commission and provides that the Commission consists of the Executive Director of the Office of Economic Development and the members of the Commission on Tourism of the Department of Tourism and Cultural Affairs. Section 10 also establishes the requirements that govern the meetings of the Commission.

      Section 11 of this bill creates the Nevada Air Service Development Fund and provides that the Commission may accept monetary gifts, bequests, grants, appropriations and donations from any source for deposit in the Fund. Section 11 further provides for the management of the money in the Fund and authorizes the Commission to award grants of money from the Fund to certain air carriers that meet the requirements of section 13 of this bill. Section 12 of this bill provides that the Commission shall administer the Fund.

      Section 13 requires the Commission to establish a program for the award of grants of money from the Fund to air carriers who will serve, or enhance service to, small airports, nonhub airports or certain large hub airports in this State for the purpose of recruiting, retaining, stabilizing and expanding regional air service in this State.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2143 (CHAPTER 347, AB 242)ê

 

      Section 14 of this bill establishes criteria for awarding grants of money from the Fund to certain air carriers. Section 14 provides that a grant of money from the Fund must be used to pay the costs associated with an agreement entered into between the Commission and an air carrier for the air carrier to commence or continue air service to a certain airport in exchange for a guarantee of receiving certain revenue or subsidies from the Commission.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The Legislature hereby finds and declares that:

      (a) Section 9 of Article 8 of the Nevada Constitution contains a provision commonly known as a “gift clause” which restricts the State under certain circumstances from donating or loaning the State’s money or credit to any company, association or corporation, except corporations formed for educational or charitable purposes.

      (b) In Employers Insurance Company of Nevada v. State Board of Examiners, 117 Nev. 249, 258 (2001), the Nevada Supreme Court held that the State loans its credit in violation of Section 9 of Article 8 of the Nevada Constitution only when the State acts as a surety or guarantor for the debts of a company, corporation or association.

      (c) In Lawrence v. Clark County, 127 Nev. 390, 405 (2011), the Nevada Supreme Court held that the State does not donate, loan or “gift” its money in violation of Section 9 of Article 8 of the Nevada Constitution when the State dispenses state funds for a public purpose and the State receives a valuable benefit or fair consideration in exchange for the dispensation of the state funds.

      (d) In McLaughlin v. Housing Authority of the City of Las Vegas, 68 Nev. 84, 93 (1951), and Lawrence v. Clark County, 127 Nev. 390, 399 (2011), the Nevada Supreme Court held that when the Legislature authorizes a state agency to dispense state funds:

             (1) The courts will carefully examine whether the Legislature made an informed and appropriate finding that dispensation of the state funds serves a public purpose and the State receives a valuable benefit or fair consideration in exchange for the dispensation;

             (2) The courts will give great weight and due deference to the Legislature’s finding, and the courts will uphold the Legislature’s finding unless it clearly appears to be erroneous and without reasonable foundation; and

             (3) The courts will closely examine whether the dispensing state agency reviews all facts, figures and necessary information when making the dispensation, and when the state agency has done so, it will not be second-guessed by the courts.

      2.  The Legislature hereby further finds and declares that:

      (a) The state program developed and carried into effect pursuant to this act will not result in the State acting as a surety or guarantor of the debts of an air carrier receiving a grant of money.

      (b) The purpose of this act is to develop and carry into effect a state program to encourage air carriers to resume, retain or enhance the provision of commercial air service to and from small hub airports, nonhub airports and large hub airports that serve rural communities in this State.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2144 (CHAPTER 347, AB 242)ê

 

      (c) The provisions of this act are intended to serve an important public purpose and ensure that the State receives valuable benefits and fair consideration in exchange for each grant of money from the program because:

             (1) The program requires the dispensing state agency to review all facts, figures and necessary information when making each grant of money from the program to determine whether the grant will provide economic benefit to the State;

             (2) The provision of air transportation service to and from small hub airports and nonhub airports enables the citizens and businesses of this State to travel more efficiently, and at lower cost, to and from the rural communities in this State; and

             (3) The dispensing state agency may not make a grant of money from the program unless the agency receives a commitment from the air carrier receiving the grant to commence or continue air service to a designated small hub airport, a nonhub airport or a large hub airport that services small hub airports and nonhub airports.

      Sec. 2. Chapter 231 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 14, inclusive, of this act.

      Sec. 3. As used in sections 3 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 9, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4. “Air carrier” means a person who provides commercial air transportation to passengers.

      Sec. 5. “Commission” means the Nevada Air Service Development Commission created by section 10 of this act.

      Sec. 6. “Fund” means the Nevada Air Service Development Fund created by section 11 of this act.

      Sec. 6.5. “Large hub airport” has the meaning ascribed to it in 49 U.S.C. § 47102.

      Sec. 7. “Local air service development entity” means:

      1.  A tourism or development organization;

      2.  An organization formed to encourage increased air service in this State; or

      3.  A chamber of commerce.

      Sec. 8. “Nonhub airport” has the meaning ascribed to it in 49 U.S.C. § 47102.

      Sec. 9. “Small hub airport” has the meaning ascribed to it in 49 U.S.C. § 47102.

      Sec. 10. 1.  There is hereby created the Nevada Air Service Development Commission, consisting of:

      (a) The Executive Director; and

      (b) The members of the Commission on Tourism as provided in NRS 231.170.

      2.  At the first meeting of each fiscal year, the Commission shall elect from among its members a Chair, a Vice Chair and a Secretary.

      3.  The Commission shall meet at least once each calendar quarter and at other times at the call of the Chair or a majority of its members.

      4.  A majority of the members of the Commission constitutes a quorum for the transaction of all business.

      Sec. 11. 1.  There is hereby created as a special revenue fund in the State Treasury the Nevada Air Service Development Fund.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2145 (CHAPTER 347, AB 242)ê

 

      2.  The Commission may accept gifts, bequests, grants, appropriations and donations from any source for deposit in the Fund.

      3.  The money in the Fund must be invested as other state funds are invested. All interest earned on the deposit or investment of the money in the Fund, after deducting any applicable charges, must be credited to the Fund. Claims against the Fund must be paid as other claims against the State are paid.

      4.  The Commission may make grants of money from the Fund to air carriers that satisfy the criteria set forth in section 13 of this act.

      Sec. 12. The Commission shall:

      1.  Administer the Fund; and

      2.  Adopt any regulations necessary or convenient to carry out the provisions of sections 3 to 14, inclusive, of this act.

      Sec. 13. 1.  The Commission shall develop a program to provide grants of money from the Fund to an air carrier that will service or provide enhanced air service routes that service an airport that is:

      (a) A small hub airport, a nonhub airport or, if the air carrier provides air service through a large hub airport that services small hub airports and nonhub airports, a large hub airport; and

      (b) Certified by the Federal Aviation Administration of the United States Department of Transportation pursuant to 14 C.F.R. Part 139.

      2.  An application for a grant of money from the Fund must be in the form prescribed by the Commission and must include, without limitation:

      (a) A statement designating the small hub airport, nonhub airport or large hub airport described in subsection 1 for which the air carrier will commence or continue air service if the grant is awarded;

      (b) Commitments from the air carrier that if the Commission awards the grant to the air carrier, the air carrier will enter into a written agreement with the Commission that provides for the air carrier to commence or continue air service to the airport designated in the application in exchange for receiving from the Commission one of the guarantees set forth in subsection 2 of section 14 of this act; and

      (c) Letters of support from each airport that participates in the air service route offered by an air carrier pursuant to subsection 1.

      Sec. 14. 1.  The Commission may make a grant of money from the Fund if the Commission finds that the grant will:

      (a) Enable an air carrier to commence or continue air service to a small hub airport, nonhub airport or large hub airport described in subsection 1 of section 13 of this act; and

      (b) Provide economic benefit to this State.

      2.  The Commission may make a grant of money from the Fund only to:

      (a) Guarantee that an air carrier will receive an agreed amount of revenue per flight that the air carrier operates into or out of the airport designated in the application pursuant to paragraph (a) of subsection 2 of section 13 of this act; or

      (b) Guarantee a profit goal for the air carrier that is established by agreement between the air carrier and the Commission.

      Secs. 15 and 16. (Deleted by amendment.)

      Sec. 17.  This act becomes effective upon passage and approval.

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2146ê

 

CHAPTER 348, AB 252

Assembly Bill No. 252–Assemblymen Benitez-Thompson, Carlton; Assefa, Carrillo and Wheeler

 

Joint Sponsors: Senators Kieckhefer and Parks

 

CHAPTER 348

 

[Approved: June 3, 2019]

 

AN ACT relating to mental health; revising the scope of community-based living arrangement services; imposing certain requirements relating to the operation of a provider of community-based living arrangement services; requiring a provider of community-based living arrangement services to reimburse the Division of Public and Behavioral Health of the Department of Health and Human Services for certain overpayments to the provider; revising requirements concerning the issuance or renewal of a license to provide community-based living arrangement services; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines the term “community-based living arrangement services” to mean flexible, individualized services that are provided in the home, for compensation, to persons with mental illness or persons with developmental disabilities and designed and coordinated to assist such persons in maximizing their independence. (NRS 433.605) Existing law requires a provider of community-based living arrangement services to be certified by the Division of Public and Behavioral Health of the Department of Health and Human Services. (NRS 433.607) Existing law defines the term “supported living arrangement services” to refer to the same type of services provided to persons with intellectual or developmental disabilities. (NRS 435.3315) Existing law requires a provider of supported living arrangement services to be certified by the Aging and Disability Services Division of the Department. (NRS 435.332) Assembly Bill No. 131, enacted during the current legislative session, makes various changes concerning community-based living arrangement services, including repealing the provisions governing community-based living arrangement services in chapter 433 of NRS and moving them instead to chapter 449 of NRS. Instead of requiring providers of such services to obtain a certificate, Assembly Bill No. 131 requires the providers to obtain a license from the Division pursuant to chapter 449 of NRS. (Chapter 51, Statutes of Nevada 2019) For that reason, sections 10-13 of this bill were added to chapter 449 of NRS. Various other changes are made in this bill to conform to the provisions of Assembly Bill No. 131. Section 7 of this bill removes the reference to persons with developmental disabilities from the definition of the term “community-based living arrangement services,” thereby prohibiting the holder of a certificate to provide such services from serving persons with a primary diagnosis of developmental disability unless the holder also holds a certificate to provide supported living arrangement services. Section 7.5 of this bill authorizes the holder of a certificate to provide community-based living arrangement services to serve any person with a primary diagnosis of a mental illness, including a person who has a secondary diagnosis other than a mental illness. These sections are repealed in section 16 of Assembly Bill No. 131, effective January 1, 2020. Therefore, the substantive provisions of section 7.5 are added to section 11 of this bill to ensure those provisions are not repealed.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2147 (CHAPTER 348, AB 252)ê

 

      Section 11 also requires a person employed by a provider of community-based living arrangement services for the purpose of supervising or providing support to recipients of services to be able to communicate with the recipients to whom he or she provides services. Section 11 also prohibits a child under 18 years of age from residing in a building operated by a provider in which services are provided. Section 11 also requires a provider of community-based living arrangement services to provide each recipient of services with access to licensed professionals who are qualified to provide supportive and habilitative services. Section 11 additionally requires a provider of community-based living arrangement services to post prominently in any building operated by the provider in which services are provided a sign with the telephone number for making a complaint to the Division of Public and Behavioral Health.

      Section 12 of this bill requires the Division to establish an individualized plan for each recipient of community-based living arrangement services provided pursuant to a contract with the Division. Sections 12 and 22 of this bill require a provider of community-based living arrangement services to reimburse the Division for any overpayment pursuant to such a contract for a bill submitted to the Division on or after January 1, 2017. Section 13 of this bill prohibits the Division from renewing the license of a provider who has failed to provide such a reimbursement or make certain corrections required by the Division.

      Section 16 of this bill requires the State Board of Health to adopt regulations prescribing required training and continuing education for an operator of a provider of community-based living arrangement services and certain employees of such a provider. Section 16 also requires an applicant for a license to take certain actions to ensure that, if the applicant becomes insolvent, recipients of services from the applicant would continue to receive such services for 2 months at the expense of the applicant.

      Existing law requires the Division to investigate an applicant for a license before issuing the license. (NRS 449.080) Section 17 of this bill requires the Division, as part of the investigation, to inspect any building operated by the applicant in which the applicant proposes to provide services. Sections 14, 15 and 18-21 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:

 

      Sections 1-6. (Deleted by amendment.)

      Sec. 7. NRS 433.605 is hereby amended to read as follows:

      433.605  “Community-based living arrangement services” or “services” means flexible, individualized services, including, without limitation, training and habilitation services, that are:

      1.  Provided in the home, for compensation, to persons with mental illness [or persons with developmental disabilities] who are served by the Division or any other entity; and

      2.  Designed and coordinated to assist such persons in maximizing their independence.

      Sec. 7.5. NRS 433.607 is hereby amended to read as follows:

      433.607  1.  Except as otherwise provided in subsection 2, a person, government or governmental agency shall not provide services without first obtaining a certificate from the Division.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2148 (CHAPTER 348, AB 252)ê

 

      2.  A natural person who has not been issued a certificate but is employed by the holder of a certificate may provide services within the scope of his or her employment by the holder.

      3.  The holder of a certificate to provide community-based living arrangement services may provide such services to any person with a primary diagnosis of a mental illness, including, without limitation, such a person who has a secondary diagnosis other than a mental illness. Such a secondary diagnosis may include, without limitation, a secondary diagnosis of an intellectual disability or developmental disability.

      Secs. 8-9. (Deleted by amendment.)

      Sec. 10. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 11, 12 and 13 of this act.

      Sec. 11. 1.  The holder of a license to provide community-based living arrangement services may provide such services to any person with a primary diagnosis of a mental illness, including, without limitation, such a person who has a secondary diagnosis other than a mental illness. Such a secondary diagnosis may include, without limitation, a secondary diagnosis of an intellectual disability or developmental disability.

      2.  Each person employed by a provider of community-based living arrangement services to supervise or provide support to recipients of such services must be able to communicate with the recipients to whom he or she is to provide services.

      3.  A child under 18 years of age must not reside in a building operated by a provider of community-based living arrangement services in which community-based living arrangement services are provided.

      4.  A provider of community-based living arrangement services shall:

      (a) Provide each recipient of community-based living arrangement services with access to licensed professionals who are qualified to provide supportive and habilitative services that are appropriate for the recipient; and

      (b) Post prominently in any building operated by the provider of community-based living arrangement services in which community-based living arrangement services are provided a sign with the telephone number that may be used to make a complaint to the Division concerning the provider.

      Sec. 12. 1.  The Division shall establish, for each recipient of community-based living arrangement services to whom services are provided pursuant to a contract between the provider and the Division, an individualized plan for the provision of community-based living arrangement services. The individualized plan must include, without limitation:

      (a) A description of the case management services that must be provided to the recipient and a designation of the entity responsible for providing those services; and

      (b) The hours during which the provider of community-based living arrangement services must provide supervision and support to the recipient.

      2.  A contract between the Division and a provider of community-based living arrangement services for the provision of such services must include a provision requiring the provider to comply with the individualized plan for each recipient established pursuant to subsection 1.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2149 (CHAPTER 348, AB 252)ê

 

      3.  If the Division determines that it has paid the holder of a license to provide community-based living arrangement services with which the Division has entered into a contract an amount that exceeds the amount required by the contract, the holder shall reimburse the amount of the overpayment to the Division.

      Sec. 13.  The Division shall not renew a license to provide community-based living arrangement services if:

      1.  The holder of the license has refused or failed to reimburse any overpayment for community-based living arrangement services as required pursuant to subsection 3 of section 12 of this act; or

      2.  The holder of the license has failed to correct any practice required by the Division to comply with state law or regulations or the requirements of a contract between the holder and the Division.

      Sec. 14. NRS 449.029 is hereby amended to read as follows:

      449.029  As used in NRS 449.029 to 449.240, inclusive, and sections 11, 12 and 13 of this act, unless the context otherwise requires, “medical facility” has the meaning ascribed to it in NRS 449.0151 and includes a program of hospice care described in NRS 449.196.

      Sec. 15. NRS 449.0301 is hereby amended to read as follows:

      449.0301  The provisions of NRS 449.029 to 449.2428, inclusive, and sections 11, 12 and 13 of this act do not apply to:

      1.  Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.

      2.  Foster homes as defined in NRS 424.014.

      3.  Any medical facility, facility for the dependent or facility which is otherwise required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed that is operated and maintained by the United States Government or an agency thereof.

      Sec. 16. NRS 449.0302 is hereby amended to read as follows:

      449.0302  1.  The Board shall adopt:

      (a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.029 to 449.2428, inclusive, and sections 11, 12 and 13 of this act and for programs of hospice care.

      (b) Regulations governing the licensing of such facilities and programs.

      (c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his or her home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.

      (d) Regulations establishing a procedure for the indemnification by the Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.

      (e) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.029 to 449.2428, inclusive [.] , and sections 11, 12 and 13 of this act.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2150 (CHAPTER 348, AB 252)ê

 

      2.  The Board shall adopt separate regulations governing the licensing and operation of:

      (a) Facilities for the care of adults during the day; and

      (b) Residential facilities for groups,

Ê which provide care to persons with Alzheimer’s disease.

      3.  The Board shall adopt separate regulations for:

      (a) The licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.

      (b) The licensure of facilities for refractive surgery which take into consideration the unique factors of operating such a facility.

      (c) The licensure of mobile units which take into consideration the unique factors of operating a facility that is not in a fixed location.

      4.  The Board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.

      5.  In addition to the training requirements prescribed pursuant to NRS 449.093, the Board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.

      6.  The Board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups. The regulations must require at least the following conditions before such assistance may be given:

      (a) The ultimate user’s physical and mental condition is stable and is following a predictable course.

      (b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.

      (c) A written plan of care by a physician or registered nurse has been established that:

             (1) Addresses possession and assistance in the administration of the medication; and

             (2) Includes a plan, which has been prepared under the supervision of a registered nurse or licensed pharmacist, for emergency intervention if an adverse condition results.

      (d) Except as otherwise authorized by the regulations adopted pursuant to NRS 449.0304, the prescribed medication is not administered by injection or intravenously.

      (e) The employee has successfully completed training and examination approved by the Division regarding the authorized manner of assistance.

      7.  The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which provide assisted living services. The Board shall not allow the licensing of a facility as a residential facility for groups which provides assisted living services and a residential facility for groups shall not claim that it provides “assisted living services” unless:

      (a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the resident’s stay at the facility.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2151 (CHAPTER 348, AB 252)ê

 

      (b) The residents of the facility reside in their own living units which:

             (1) Except as otherwise provided in subsection 8, contain toilet facilities;

             (2) Contain a sleeping area or bedroom; and

             (3) Are shared with another occupant only upon consent of both occupants.

      (c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:

             (1) The facility is designed to create a residential environment that actively supports and promotes each resident’s quality of life and right to privacy;

             (2) The facility is committed to offering high-quality supportive services that are developed by the facility in collaboration with the resident to meet the resident’s individual needs;

             (3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and the resident’s personal choice of lifestyle;

             (4) The operation of the facility and its interaction with its residents supports, to the maximum extent possible, each resident’s need for autonomy and the right to make decisions regarding his or her own life;

             (5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationships with fellow residents and with persons in the general community;

             (6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time; and

             (7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.

      8.  The Division may grant an exception from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a facility which is licensed as a residential facility for groups on or before July 1, 2005, and which is authorized to have 10 or fewer beds and was originally constructed as a single-family dwelling if the Division finds that:

      (a) Strict application of that requirement would result in economic hardship to the facility requesting the exception; and

      (b) The exception, if granted, would not:

             (1) Cause substantial detriment to the health or welfare of any resident of the facility;

             (2) Result in more than two residents sharing a toilet facility; or

             (3) Otherwise impair substantially the purpose of that requirement.

      9.  The Board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:

      (a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;

      (b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without limitation, plans to ensure that nonambulatory patients may be evacuated;

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2152 (CHAPTER 348, AB 252)ê

 

      (c) Educating the residents of residential facilities for groups concerning the plans adopted pursuant to paragraphs (a) and (b); and

      (d) Posting the plans or a summary of the plans adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each residential facility for groups.

      10.  The regulations governing the licensing and operation of facilities for transitional living for released offenders must provide for the licensure of at least three different types of facilities, including, without limitation:

      (a) Facilities that only provide a housing and living environment;

      (b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment; and

      (c) Facilities that provide or arrange for the provision of alcohol and drug abuse programs, in addition to providing a housing and living environment and providing or arranging for the provision of other supportive services.

Ê The regulations must provide that if a facility was originally constructed as a single-family dwelling, the facility must not be authorized for more than eight beds.

      11.  The Board shall adopt regulations applicable to providers of community-based living arrangement services which:

      (a) Except as otherwise provided in paragraph (b), require a natural person responsible for the operation of a provider of community-based living arrangement services and each employee of a provider of community-based living arrangement services who supervises or provides support to recipients of community-based living arrangement services to complete training concerning the provision of community-based living arrangement services to persons with mental illness and continuing education concerning the particular population served by the provider;

      (b) Exempt a person licensed or certified pursuant to title 54 of NRS from the requirements prescribed pursuant to paragraph (a) if the Board determines that the person is required to receive training and continuing education substantially equivalent to that prescribed pursuant to that paragraph;

      (c) Require a natural person responsible for the operation of a provider of community-based living arrangement services to receive training concerning the provisions of title 53 of NRS applicable to the provision of community-based living arrangement services; and

      (d) Require an applicant for a license to provide community-based living arrangement services to post a surety bond in an amount equal to the operating expenses of the applicant for 2 months, place that amount in escrow or take another action prescribed by the Division to ensure that, if the applicant becomes insolvent, recipients of community-based living arrangement services from the applicant may continue to receive community-based living arrangement services for 2 months at the expense of the applicant.

      12.  As used in this section, “living unit” means an individual private accommodation designated for a resident within the facility.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2153 (CHAPTER 348, AB 252)ê

 

      Sec. 17. NRS 449.080 is hereby amended to read as follows:

      449.080  1.  If, after investigation, the Division finds that the:

      (a) Applicant is in full compliance with the provisions of NRS 449.029 to 449.2428, inclusive [;] , and sections 11, 12 and 13 of this act;

      (b) Applicant is in substantial compliance with the standards and regulations adopted by the Board;

      (c) Applicant, if he or she has undertaken a project for which approval is required pursuant to NRS 439A.100, has obtained the approval of the Director of the Department of Health and Human Services; and

      (d) Facility conforms to the applicable zoning regulations,

Ê the Division shall issue the license to the applicant.

      2.  Any investigation of an applicant for a license to provide community-based living arrangement services conducted pursuant to subsection 1 must include, without limitation, an inspection of any building operated by the applicant in which the applicant proposes to provide community-based living arrangement services.

      3.  A license applies only to the person to whom it is issued, is valid only for the premises described in the license and is not transferable.

      Sec. 18. NRS 449.089 is hereby amended to read as follows:

      449.089  1.  Each license issued pursuant to NRS 449.029 to 449.2428, inclusive, and sections 11, 12 and 13 of this act expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to NRS 449.050 unless the Division finds, after an investigation, that the facility has not:

      (a) Satisfactorily complied with the provisions of NRS 449.029 to 449.2428, inclusive, and sections 11, 12 and 13 of this act or the standards and regulations adopted by the Board;

      (b) Obtained the approval of the Director of the Department of Health and Human Services before undertaking a project, if such approval is required by NRS 439A.100; or

      (c) Conformed to all applicable local zoning regulations.

      2.  Each reapplication for an agency to provide personal care services in the home, an agency to provide nursing in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a hospital described in 42 U.S.C. § 1395ww(d)(1)(B)(iv) which accepts payment through Medicare, a psychiatric hospital that provides inpatient services to children, a psychiatric residential treatment facility, a residential facility for groups, a program of hospice care, a home for individual residential care, a facility for the care of adults during the day, a facility for hospice care, a nursing pool, a peer support recovery organization, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5, a hospital that provides swing-bed services as described in 42 C.F.R. § 482.58 or, if residential services are provided to children, a medical facility or facility for the treatment of abuse of alcohol or drugs must include, without limitation, a statement that the facility, hospital, agency, program, pool, organization or home is in compliance with the provisions of NRS 449.115 to 449.125, inclusive, and 449.174.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2154 (CHAPTER 348, AB 252)ê

 

      3.  Each reapplication for an agency to provide personal care services in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a facility for the care of adults during the day, a peer support recovery organization, a residential facility for groups or a home for individual residential care must include, without limitation, a statement that the holder of the license to operate, and the administrator or other person in charge and employees of, the facility, agency, pool, organization or home are in compliance with the provisions of NRS 449.093.

      Sec. 19. NRS 449.160 is hereby amended to read as follows:

      449.160  1.  The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.029 to 449.2428, inclusive, and sections 11, 12 and 13 of this act upon any of the following grounds:

      (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.029 to 449.245, inclusive, and sections 11, 12 and 13 of this act, or of any other law of this State or of the standards, rules and regulations adopted thereunder.

      (b) Aiding, abetting or permitting the commission of any illegal act.

      (c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.

      (d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.

      (e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and sections 11, 12 and 13 of this act and 449.435 to 449.531, inclusive, and chapter 449A of NRS if such approval is required.

      (f) Failure to comply with the provisions of NRS 449.2486.

      2.  In addition to the provisions of subsection 1, the Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:

      (a) Is convicted of violating any of the provisions of NRS 202.470;

      (b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or

      (c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.

      3.  The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the license to operate a facility for the dependent pursuant to subsection 2. The Division shall provide to a facility for the care of adults during the day:

      (a) A summary of a complaint against the facility if the investigation of the complaint by the Division either substantiates the complaint or is inconclusive;

      (b) A report of any investigation conducted with respect to the complaint; and

      (c) A report of any disciplinary action taken against the facility.

Ê The facility shall make the information available to the public pursuant to NRS 449.2486.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2155 (CHAPTER 348, AB 252)ê

 

      4.  On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:

      (a) Any complaints included in the log maintained by the Division pursuant to subsection 3; and

      (b) Any disciplinary actions taken by the Division pursuant to subsection 2.

      Sec. 20. NRS 449.163 is hereby amended to read as follows:

      449.163  1.  In addition to the payment of the amount required by NRS 449.0308, if a medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and sections 11, 12 and 13 of this act or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:

      (a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;

      (b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;

      (c) If the license of the facility limits the occupancy of the facility and the facility has exceeded the approved occupancy, require the facility, at its own expense, to move patients to another facility that is licensed;

      (d) Impose an administrative penalty of not more than $5,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and

      (e) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:

             (1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or

             (2) Improvements are made to correct the violation.

      2.  If the facility fails to pay any administrative penalty imposed pursuant to paragraph (d) of subsection 1, the Division may:

      (a) Suspend the license of the facility until the administrative penalty is paid; and

      (b) Collect court costs, reasonable attorney’s fees and other costs incurred to collect the administrative penalty.

      3.  The Division may require any facility that violates any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and sections 11, 12 and 13 of this act or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.

      4.  Any money collected as administrative penalties pursuant to paragraph (d) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and sections 11, 12 and 13 of this act, 449.435 to 449.530, inclusive, and 449.760 and chapter 449A of NRS to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards or for any other purpose authorized by the Legislature.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2156 (CHAPTER 348, AB 252)ê

 

      Sec. 21. NRS 449.240 is hereby amended to read as follows:

      449.240  The district attorney of the county in which the facility is located shall, upon application by the Division, institute and conduct the prosecution of any action for violation of any provisions of NRS 449.029 to 449.245, inclusive [.] , and sections 11, 12 and 13 of this act.

      Sec. 22.  1.  The provisions of subsection 3 of section 12 of this act and section 13 of this act apply retroactively to any overpayment by the Division of Public and Behavioral Health of the Department of Health and Human Services pursuant to any bill submitted to the Division by a provider of community-based living arrangement services on or after January 1, 2017.

      2.  As used in this section, “community-based living arrangement services” has the meaning ascribed to it in NRS 433.605, as that section existed on December 31, 2019.

      Sec. 23.  1.  This section and sections 7 and 7.5 of this act become effective upon passage and approval.

      2.  Sections 10 to 22, inclusive, of this act become effective on January 1, 2020.

________

 

CHAPTER 349, AB 254

Assembly Bill No. 254–Assemblymen Neal; Assefa, Duran, Flores, Gorelow and Thompson

 

CHAPTER 349

 

[Approved: June 3, 2019]

 

AN ACT relating to public health; requiring the Chief Medical Officer to establish and maintain a system for reporting certain information on sickle cell disease and its variants; authorizing administrative penalties for failure to report certain information; revising requirements concerning screening infants for sickle cell disease and its variants and sickle cell trait; requiring Medicaid to cover certain supplements recommended by the Pharmacy and Therapeutics Committee; requiring a health insurer to include coverage for certain prescription drugs and services for the treatment of sickle cell disease and its variants in its policies; authorizing a prescription of certain controlled substances for the treatment of acute pain caused by sickle cell disease and its variants for a longer period than otherwise allowed; requiring a health maintenance organization or managed care organization to take certain actions with respect to certain insureds diagnosed with sickle cell disease and its variants; and providing other matters properly relating thereto.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2157 (CHAPTER 349, AB 254)ê

 

Legislative Counsel’s Digest:

      Existing law requires the Chief Medical Officer to establish and maintain a system for the reporting of information on cancer and other neoplasms. (NRS 457.230) Existing law requires the chief administrative officer of each health care facility in this State to make available to the Chief Medical Officer or his or her representative the records of the health care facility for each reportable neoplasm. (NRS 457.250) Section 6 of this bill requires the Chief Medical Officer to establish and maintain a similar system for the reporting of information on sickle cell disease and its variants. Sections 6 and 7 of this bill require hospitals, medical laboratories, certain other facilities and providers of health care to report certain information prescribed by the State Board of Health concerning each case of sickle cell disease and its variants diagnosed or treated at the facility or by the provider, as applicable. Section 8 of this bill requires the chief administrative officer of each health care facility in this State to make available to the Chief Medical Officer or his or her representative the records of the health care facility for each case of sickle cell disease and its variants for abstraction by the Division of Public and Behavioral Health of the Department of Health and Human Services. Section 8 also: (1) requires the State Board to adopt a schedule of fees which must be assessed to a health care facility for each case from which information is abstracted; and (2) provides for the imposition of an administrative penalty against a health care facility that fails to make the records of the facility for each case of sickle cell disease and its variants available for abstraction. Sections 9 and 10 of this bill provide for analysis, reporting and research based on the reported and abstracted information concerning cases of sickle cell disease and its variants. Sections 7, 11 and 15 of this bill provide for the confidentiality of reported information concerning patients, providers of health care and facilities. Section 12 of this bill provides immunity from liability for any person or organization who discloses information in good faith to the Division in accordance with the requirements of sections 6-8.

      Existing law requires the State Board of Health to adopt regulations governing examinations and tests required for the discovery in infants of preventable or inheritable disorders, including tests for the presence of sickle cell anemia. (NRS 442.008) Section 13 of this bill requires those regulations to include a requirement that each newborn child who is susceptible to sickle cell disease and its variants and sickle cell trait to be tested and each biological parent of a child who tests positive for sickle cell disease and its variants to be offered to be tested for sickle cell disease and its variants and sickle cell trait. Section 13 also: (1) requires the parent or guardian of a child who tests positive for sickle cell disease and its variants or sickle cell trait to receive counseling concerning the nature, effects and treatment of sickle cell disease and its variants or sickle cell trait, as applicable; and (2) authorizes the parent or guardian of a newborn child to opt out in writing from such testing.

      Existing law authorizes the Division to provide for the services of a laboratory to determine the presence of certain preventable or inheritable disorders in an infant. (NRS 422.008) Sections 13 and 13.5 of this bill instead require the Division to provide for such services when necessary to determine the presence of such disorders.

      Existing law requires the Department to prescribe by regulation a list of preferred prescription drugs to be used for the Medicaid program. (NRS 422.4025) Section 18.8 of this bill requires that list to include prescription drugs essential for the treatment of sickle cell disease and its variants. Section 18.5 of this bill additionally requires the Department to prescribe by regulation a list of supplements essential for the treatment of sickle cell disease and its variants that must be covered by Medicaid for recipients of Medicaid who have sickle cell disease and its variants.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2158 (CHAPTER 349, AB 254)ê

 

      Sections 16, 17, 18.2, 21, 22, 24-27 and 29 of this bill require Medicaid and all other health insurers to cover certain services for persons diagnosed with sickle cell disease and its variants. Sections 26 and 29 of this bill additionally require a health maintenance organization or managed care organization to establish a plan for each insured under 18 years of age who has been diagnosed with sickle cell disease and its variants to transition the insured from pediatric care to adult care when the enrollee reaches 18 years of age. Sections 14, 18.4, 18.6, 20, 23 and 28 of this bill make conforming changes.

      Existing law prohibits a practitioner from prescribing an amount of a controlled substance listed in schedule II, III or IV for the treatment of acute pain that is intended to be used for more than 14 days. (NRS 639.2391) Section 18.9 of this bill authorizes a practitioner to issue a prescription for an amount of such a controlled substance for the treatment of acute pain caused by sickle cell disease and its variants that is intended to be used for not more than 30 days.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 4.5 of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Health care facility” has the meaning ascribed to it in NRS 162A.740.

      Sec. 4. “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 4.5. “Sickle cell disease and its variants” means an inherited disease caused by a mutation in a gene for hemoglobin in which red blood cells have an abnormal crescent shape that causes them to block small blood cells and die sooner than normal red blood cells and may include sickle cell disease, one or more variants or a combination thereof, as applicable.

      Sec. 5.  (Deleted by amendment.)

      Sec. 6. 1.  The Chief Medical Officer shall, pursuant to the regulations adopted by the State Board of Health pursuant to section 7 of this act, establish and maintain a system for the reporting of information on sickle cell disease and its variants.

      2.  The system established pursuant to subsection 1 must include a record of the cases of sickle cell disease and its variants which occur in this State along with such information concerning the cases as may be appropriate to form the basis for:

      (a) Conducting comprehensive epidemiologic surveys of sickle cell disease and its variants in this State; and

      (b) Evaluating the appropriateness of measures for the treatment of sickle cell disease and its variants.

      3.  Hospitals, medical laboratories and other facilities that provide screening, diagnostic or therapeutic services to patients with respect to sickle cell disease and its variants shall report the information prescribed by the State Board of Health pursuant to section 7 of this act to the system established pursuant to subsection 1.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2159 (CHAPTER 349, AB 254)ê

 

      4.  Any provider of health care who diagnoses or provides treatment for sickle cell disease and its variants, except for cases directly referred to the provider or cases that have been previously admitted to a hospital, medical laboratory or other facility described in subsection 3, shall report the information prescribed by the State Board of Health pursuant to section 7 of this act to the system established pursuant to subsection 1.

      5.  As used in this section, “medical laboratory” has the meaning ascribed to it in NRS 652.060.

      Sec. 7. The State Board of Health shall by regulation:

      1.  Prescribe the form and manner in which information on cases of sickle cell disease and its variants must be reported;

      2.  Prescribe the information that must be included in each report, which must include, without limitation:

      (a) The name, address, age and ethnicity of the patient;

      (b) The variant of sickle cell disease with which the person has been diagnosed;

      (c) The method of treatment, including, without limitation, any opioid prescribed for the patient and whether the patient has adequate access to that opioid;

      (d) Any other diseases from which the patient suffers, including, without limitation, pneumonia, asthma and gall bladder disease;

      (e) Information concerning the usage of and access to health care services by the patient; and

      (f) If a patient diagnosed with sickle cell disease and its variants dies, his or her age at death; and

      3.  Establish a protocol for allowing appropriate access to and preserving the confidentiality of the records of patients needed for research into sickle cell disease and its variants.

      Sec. 8. 1.  The chief administrative officer of each health care facility in this State shall make available to the Chief Medical Officer or his or her representative the records of the health care facility for each case of sickle cell disease and its variants.

      2.  The Division shall abstract from the records of a health care facility or shall require a health care facility to abstract from the records of the health care facility such information as is required by the State Board of Health. The Division shall compile the information in a timely manner and not later than 6 months after the Division abstracts the information or receives the abstracted information from the health care facility.

      3.  The State Board of Health shall by regulation adopt a schedule of fees which must be assessed to a health care facility for each case from which information is abstracted by the Division pursuant to subsection 2.

      4.  Any person who violates this section is subject to an administrative penalty established by regulation by the State Board of Health.

      Sec. 9. 1.  The Division shall publish reports based upon the information obtained pursuant to sections 6, 7 and 8 of this act and shall make other appropriate uses of the information to report and assess trends in the usage of and access to health care services by patients with sickle cell disease and its variants in a particular area or population, advance research and education concerning sickle cell disease and its variants and improve treatment of sickle cell disease and its variants and associated disorders. The reports must include, without limitation:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2160 (CHAPTER 349, AB 254)ê

 

      (a) Information concerning the locations in which patients diagnosed with sickle cell disease and its variants reside, the demographics of such patients and the utilization of health care services by such patients;

      (b) The information described in paragraph (a), specific to patients diagnosed with sickle cell disease and its variants who are over 60 years of age; and

      (c) The transition of patients diagnosed with sickle cell disease and its variants from pediatric to adult care upon reaching 18 years of age.

      2.  The Division shall provide any qualified researcher whom the Division determines is conducting valid scientific research with data from the reported information upon the researcher’s:

      (a) Compliance with appropriate conditions as established under the regulations of the State Board of Health; and

      (b) Payment of a fee established by the Division by regulation to cover the cost of providing the data.

      Sec. 10. 1.  The Chief Medical Officer or a qualified person designated by the Administrator of the Division shall analyze the information obtained pursuant to sections 6, 7 and 8 of this act and the reports published pursuant to section 9 of this act to determine whether any trends exist in the usage of and access to health care services by patients with sickle cell disease and its variants in a particular area or population.

      2.  If the Chief Medical Officer or the person designated pursuant to subsection 1 determines that a trend exists in the usage of and access to health care services by patients with sickle cell disease and its variants in a particular area or population, the Chief Medical Officer or the person designated pursuant to subsection 1 shall work with appropriate governmental, educational and research entities to investigate the trend, advance research in the trend and facilitate the treatment of sickle cell disease and its variants and associated disorders.

      Sec. 10.5. The Division shall apply for and accept any gifts, grants and donations available to:

      1.  Carry out the provisions of sections 2 to 12, inclusive, of this act;

      2.  Coordinate and administer any other state programs relating to research concerning sickle cell disease and its variants or assistance to patients diagnosed with sickle cell disease and its variants;

      3.  Pay for research concerning sickle cell disease and its variants;

      4.  Provide education concerning sickle cell disease and its variants; and

      5.  Provide support to persons diagnosed with sickle cell disease and its variants.

      Sec. 11. The Division shall not reveal the identity of any patient, physician or health care facility which is involved in the reporting required by section 8 of this act unless the patient, physician or health care facility gives prior written consent to such a disclosure.

      Sec. 12. A person or governmental entity that provides information to the Division in accordance with sections 6, 7 and 8 of this act must not be held liable in a civil or criminal action for sharing confidential information unless the person or organization has done so in bad faith or with malicious purpose.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2161 (CHAPTER 349, AB 254)ê

 

      Sec. 13. NRS 442.008 is hereby amended to read as follows:

      442.008  1.  The State Board of Health, upon the recommendation of the Chief Medical Officer [:

      (a) Shall adopt] , shall:

      (a) Adopt regulations governing examinations and tests required for the discovery in infants of preventable or inheritable disorders, including tests for the presence of sickle cell [anemia; and] disease and its variants and sickle cell trait; and

      (b) [May require] Require the Division to provide for the services of a laboratory in accordance with NRS 442.009 when necessary to determine the presence of certain preventable or inheritable disorders in an infant pursuant to this section.

      2.  Except as otherwise provided in subsection 5, the regulations adopted pursuant to paragraph (a) of subsection 1 concerning tests for the presence of sickle cell disease and its variants and sickle cell trait must require the screening for sickle cell disease and its variants and sickle cell trait of:

      (a) Each newborn child who is susceptible to sickle cell disease and its variants and sickle cell trait as determined by regulations of the State Board of Health; and

      (b) Each biological parent of a child who wishes to undergo such screening.

      3.  Any physician, midwife, nurse, obstetric center or hospital of any nature attending or assisting in any way any infant, or the mother of any infant, at childbirth shall make or cause to be made an examination of the infant, including standard tests, to the extent required by regulations of the State Board of Health as is necessary for the discovery of conditions indicating such disorders.

      [3.]4.  If the examination and tests reveal the existence of such conditions in an infant, the physician, midwife, nurse, obstetric center or hospital attending or assisting at the birth of the infant shall immediately:

      (a) Report the condition to the Chief Medical Officer or the representative of the Chief Medical Officer, the local health officer of the county or city within which the infant or the mother of the infant resides, and the local health officer of the county or city in which the child is born; and

      (b) Discuss the condition with the parent, parents or other persons responsible for the care of the infant and inform them of the treatment necessary for the amelioration of the condition.

      [4.]5.  An infant is exempt from examination and testing if either parent files a written objection with the person or institution responsible for making the examination or tests.

      6.  As used in this section, “sickle cell disease and its variants” has the meaning ascribed to it in section 4.5 of this act.

      Sec. 13.5. NRS 442.009 is hereby amended to read as follows:

      442.009  1.  Except as otherwise provided in this section, [if the State Board of Health requires the Division to provide for the services of a laboratory to determine the presence of certain preventable or inheritable disorders in an infant pursuant to NRS 442.008,] the Division shall contract with a laboratory to provide the services of a laboratory when required pursuant to NRS 442.008 in the following order of priority:

      (a) The State Public Health Laboratory;

      (b) Any other qualified laboratory located within this State; or

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2162 (CHAPTER 349, AB 254)ê

 

      (c) Any qualified laboratory located outside of this State.

      2.  The Division shall not contract with a laboratory in a lower category of priority unless the Division determines that:

      (a) A laboratory in a higher category of priority is not capable of performing all the tests required to determine the presence of certain preventable or inheritable disorders in an infant pursuant to NRS 442.008; or

      (b) The cost to the Division to contract with a laboratory in a higher category of priority is not financially reasonable or exceeds the amount of money available for that purpose.

      3.  For the purpose of determining the category of priority of a laboratory only, the Division is not required to comply with any requirement of competitive bidding or other restriction imposed on the procedure for awarding a contract.

      Sec. 14. NRS 232.320 is hereby amended to read as follows:

      232.320  1.  The Director:

      (a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:

             (1) The Administrator of the Aging and Disability Services Division;

             (2) The Administrator of the Division of Welfare and Supportive Services;

             (3) The Administrator of the Division of Child and Family Services;

             (4) The Administrator of the Division of Health Care Financing and Policy; and

             (5) The Administrator of the Division of Public and Behavioral Health.

      (b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and sections 18.2, 18.4 and 18.5 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.621 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.

      (c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.

      (d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:

             (1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;

             (2) Set forth priorities for the provision of those services;

             (3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;

             (4) Identify the sources of funding for services provided by the Department and the allocation of that funding;

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2163 (CHAPTER 349, AB 254)ê

 

             (5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and

             (6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.

      (e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.

      (f) Has such other powers and duties as are provided by law.

      2.  Notwithstanding any other provision of law, the Director, or the Director’s designee, is responsible for appointing and removing subordinate officers and employees of the Department, other than the State Public Defender of the Office of State Public Defender who is appointed pursuant to NRS 180.010.

      Sec. 15. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 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.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2164 (CHAPTER 349, AB 254)ê

 

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 section 11 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.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2165 (CHAPTER 349, AB 254)ê

 

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. 16. NRS 287.010 is hereby amended to read as follows:

      287.010  1.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada may:

      (a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.

      (b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.

      (c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this State. Any contract with an independent administrator must be approved by the Commissioner of Insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 687B.408, 689B.030 to 689B.050, inclusive, and section 21 of this act and 689B.287 apply to coverage provided pursuant to this paragraph, except that the provisions of NRS 689B.0378 and 689B.03785 only apply to coverage for active officers and employees of the governing body, or the dependents of such officers and employees.

      (d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2166 (CHAPTER 349, AB 254)ê

 

      2.  If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.

      3.  In any county in which a legal services organization exists, the governing body of the county, or of any school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada in the county, may enter into a contract with the legal services organization pursuant to which the officers and employees of the legal services organization, and the dependents of those officers and employees, are eligible for any life, accident or health insurance provided pursuant to this section to the officers and employees, and the dependents of the officers and employees, of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency.

      4.  If a contract is entered into pursuant to subsection 3, the officers and employees of the legal services organization:

      (a) Shall be deemed, solely for the purposes of this section, to be officers and employees of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency with which the legal services organization has contracted; and

      (b) Must be required by the contract to pay the premiums or contributions for all insurance which they elect to accept or of which they authorize the purchase.

      5.  A contract that is entered into pursuant to subsection 3:

      (a) Must be submitted to the Commissioner of Insurance for approval not less than 30 days before the date on which the contract is to become effective.

      (b) Does not become effective unless approved by the Commissioner.

      (c) Shall be deemed to be approved if not disapproved by the Commissioner within 30 days after its submission.

      6.  As used in this section, “legal services organization” means an organization that operates a program for legal aid and receives money pursuant to NRS 19.031.

      Sec. 17. 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 695G.405, and section 29 of this act in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.

      Sec. 18. Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 18.2, 18.4 and 18.5 of this act.

      Sec. 18.2.1.  The Director shall include in the State Plan for Medicaid a requirement that the State pay the nonfederal share of expenditures incurred for:

      (a) Necessary case management services for a participant in Medicaid who has been diagnosed with sickle cell disease and its variants.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2167 (CHAPTER 349, AB 254)ê

 

      (b) Medically necessary care for a participant in Medicaid who has been diagnosed with sickle cell disease and its variants including, without limitation, visits to specialists for evaluation, counseling, treatment for mental illness and education as needed.

      (c) Services necessary to transition a recipient of Medicaid who is less than 18 years of age and has been diagnosed with sickle cell disease and its variants from pediatric care to adult care when the recipient reaches 18 years of age.

      (d) Unlimited refills of each prescription drug for the treatment of sickle cell disease and its variants included on the list of preferred prescription drugs developed for the Medicaid program pursuant to NRS 422.4025.

      (e) Each supplement included in the list of supplements prescribed pursuant to section 18.5 of this act, including, without limitation, unlimited amounts of each such supplement.

      2.  As used in this section:

      (a) “Case management services” means medical or other health care management services to assist patients and providers of health care, including, without limitation, identifying and facilitating additional resources and treatments, providing information about treatment options and facilitating communication between providers of services to a patient.

      (b) “Sickle cell disease and its variants” has the meaning ascribed to it in section 4.5 of this act.

      Sec. 18.4.“Sickle cell disease and its variants” has the meaning ascribed to it in section 4.5 of this act.

      Sec. 18.5.1.  The Department, upon the recommendation of the Committee, shall prescribe by regulation a list of nonprescription supplements essential for treating sickle cell disease and its variants that must be covered by Medicaid for recipients who have sickle cell disease and its variants.

      2.  The Committee shall review the list of supplements prescribed pursuant to subsection 1 at least biennially to determine whether to recommend adding or removing any supplements from the list and report those recommendations to the Department.

      Sec. 18.6. NRS 422.401 is hereby amended to read as follows:

      422.401  As used in NRS 422.401 to 422.406, inclusive, and sections 18.4 and 18.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 422.4015 and 422.402 and section 18.4 of this act have the meanings ascribed to them in those sections.

      Sec. 18.8.NRS 422.4025 is hereby amended to read as follows:

      422.4025  1.  The Department shall, by regulation, develop a list of preferred prescription drugs to be used for the Medicaid program.

      2.  The Department shall, by regulation, establish a list of prescription drugs which must be excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs established pursuant to subsection 1. The list established pursuant to this subsection must include, without limitation:

      (a) Atypical and typical antipsychotic medications that are prescribed for the treatment of a mental illness of a patient who is receiving services pursuant to Medicaid;

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2168 (CHAPTER 349, AB 254)ê

 

      (b) Prescription drugs that are prescribed for the treatment of the human immunodeficiency virus or acquired immunodeficiency syndrome, including, without limitation, protease inhibitors and antiretroviral medications;

      (c) Anticonvulsant medications;

      (d) Antirejection medications for organ transplants;

      (e) Antidiabetic medications;

      (f) Antihemophilic medications; and

      (g) Any prescription drug which the Committee identifies as appropriate for exclusion from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs.

      3.  The regulations must provide that the Committee makes the final determination of:

      (a) Whether a class of therapeutic prescription drugs is included on the list of preferred prescription drugs and is excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs;

      (b) Which therapeutically equivalent prescription drugs will be reviewed for inclusion on the list of preferred prescription drugs and for exclusion from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs; and

      (c) Which prescription drugs should be excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs based on continuity of care concerning a specific diagnosis, condition, class of therapeutic prescription drugs or medical specialty.

      4.  The list of preferred prescription drugs established pursuant to subsection 1 must include, without limitation, any prescription drug determined by the Committee to be essential for treating sickle cell disease and its variants.

      5.  The regulations must provide that each new pharmaceutical product and each existing pharmaceutical product for which there is new clinical evidence supporting its inclusion on the list of preferred prescription drugs must be made available pursuant to the Medicaid program with prior authorization until the Committee reviews the product or the evidence.

      Sec. 18.9. NRS 639.2391 is hereby amended to read as follows:

      639.2391  1.  If a practitioner, other than a veterinarian, prescribes or dispenses to a patient for the treatment of pain a quantity of controlled substance that exceeds the amount prescribed by this subsection, the practitioner must document in the medical record of the patient the reasons for prescribing that quantity. A practitioner shall document the information required by this subsection if the practitioner prescribes for or dispenses for the treatment of pain:

      (a) In any period of 365 consecutive days, a larger quantity of a controlled substance listed in schedule II, III or IV than will be used in 365 days if the patient adheres to the dose prescribed; or

      (b) At any one time, a larger quantity of a controlled substance listed in schedule II, III or IV than will be used in 90 days if the patient adheres to the dose prescribed.

      2.  A practitioner, other than a veterinarian, shall not issue an initial prescription of a controlled substance listed in schedule II, III or IV for the treatment of acute pain that prescribes:

      (a) [An] Except as otherwise provided in subsection 3, an amount of the controlled substance that is intended to be used for more than 14 days; and

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2169 (CHAPTER 349, AB 254)ê

 

      (b) If the controlled substance is an opioid and a prescription for an opioid has never been issued to the patient or the most recent prescription issued to the patient for an opioid was issued more than 19 days before the date of the initial prescription for the treatment of acute pain, a dose of the controlled substance that exceeds 90 morphine milligram equivalents per day. For the purposes of this paragraph, the daily dose of a controlled substance must be calculated in accordance with the most recent guidelines prescribed by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.

      3.  A practitioner, other than a veterinarian, may issue an initial prescription for a controlled substance listed in schedule II, III or IV for the treatment of acute pain caused by sickle cell disease and its variants, as defined in section 4.5 of this act, in an amount that is intended to be used for not more than 30 days.

      Sec. 19. Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An insurer that issues a policy of health insurance shall include in the policy coverage for:

      (a) Necessary case management services for an insured diagnosed with sickle cell disease and its variants; and

      (b) Medically necessary care for an insured who has been diagnosed with sickle cell disease and its variants.

      2.  An insurer that issues a policy of health insurance which provides coverage for prescription drugs shall include in the policy coverage for medically necessary prescription drugs to treat sickle cell disease and its variants.

      3.  An insurer may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

      4.  As used in this section:

      (a) “Case management services” means medical or other health care management services to assist patients and providers of health care, including, without limitation, identifying and facilitating additional resources and treatments, providing information about treatment options and facilitating communication between providers of services to a patient.

      (b) “Medical management technique” means a practice which is used to control the cost or utilization of health care services. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

      (c) “Medically necessary” has the meaning ascribed to it in NRS 695G.055.

      (d) “Sickle cell disease and its variants” has the meaning ascribed to it in section 4.5 of this act.

      Sec. 20. 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 [.]

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2170 (CHAPTER 349, AB 254)ê

 

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 19 of this act.

      Sec. 21. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An insurer that issues a policy of group health insurance shall include in the policy coverage for:

      (a) Necessary case management services for an insured who has been diagnosed with sickle cell disease and its variants; and

      (b) Medically necessary care for an insured who has been diagnosed with sickle cell disease and its variants.

      2.  An insurer that issues a policy of group health insurance which provides coverage for prescription drugs shall include in the policy coverage for medically necessary prescription drugs to treat sickle cell disease and its variants.

      3.  An insurer may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

      4.  As used in this section:

      (a) “Case management services” means medical or other health care management services to assist patients and providers of health care, including, without limitation, identifying and facilitating additional resources and treatments, providing information about treatment options and facilitating communication between providers of services to a patient.

      (b) “Medical management technique” means a practice which is used to control the cost or utilization of health care services. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

      (c) “Medically necessary” has the meaning ascribed to it in NRS 695G.055.

      (d) “Sickle cell disease and its variants” has the meaning ascribed to it in section 4.5 of this act.

      Sec. 22. Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A carrier that issues a health benefit plan shall include in the plan coverage for:

      (a) Necessary case management services for an insured who has been diagnosed with sickle cell disease and its variants; and

      (b) Medically necessary care for an insured who has been diagnosed with sickle cell disease and its variants.

      2.  A carrier that issues a health benefit plan which provides coverage for prescription drugs shall include in the plan coverage for medically necessary prescription drugs to treat sickle cell disease and its variants.

      3.  A carrier may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

      4.  As used in this section:

      (a) “Case management services” means medical or other health care management services to assist patients and providers of health care, including, without limitation, identifying and facilitating additional resources and treatments, providing information about treatment options and facilitating communication between providers of services to a patient.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2171 (CHAPTER 349, AB 254)ê

 

including, without limitation, identifying and facilitating additional resources and treatments, providing information about treatment options and facilitating communication between providers of services to a patient.

      (b) “Medical management technique” means a practice which is used to control the cost or utilization of health care services. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

      (c) “Medically necessary” has the meaning ascribed to it in NRS 695G.055.

      (d) “Sickle cell disease and its variants” has the meaning ascribed to it in section 4.5 of this act.

      Sec. 23. 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 22 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. 24. Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A society that issues a benefit contract shall include in the benefit contract coverage for:

      (a) Necessary case management services for an insured who has been diagnosed with sickle cell disease and its variants; and

      (b) Medically necessary care for an insured who has been diagnosed with sickle cell disease and its variants.

      2.  A society that issues a benefit contract which provides coverage for prescription drugs shall include in the benefit contract coverage for medically necessary prescription drugs to treat sickle cell disease and its variants.

      3.  A society may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

      4.  As used in this section:

      (a) “Case management services” means medical or other health care management services to assist patients and providers of health care, including, without limitation, identifying and facilitating additional resources and treatments, providing information about treatment options and facilitating communication between providers of services to a patient.

      (b) “Medical management technique” means a practice which is used to control the cost or utilization of health care services. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

      (c) “Medically necessary” has the meaning ascribed to it in NRS 695G.055.

      (d) “Sickle cell disease and its variants” has the meaning ascribed to it in section 4.5 of this act.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2172 (CHAPTER 349, AB 254)ê

 

      Sec. 25. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A hospital or medical service corporation that issues a policy of health insurance shall include in the policy coverage for:

      (a) Necessary case management services for an insured who has been diagnosed with sickle cell disease and its variants; and

      (b) Medically necessary care for an insured who has been diagnosed with sickle cell disease and its variants.

      2.  A hospital or medical service corporation that issues a policy of health insurance which provides coverage for prescription drugs shall include in the policy coverage for medically necessary prescription drugs to treat sickle cell disease and its variants.

      3.  A hospital or medical service corporation may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

      4.  As used in this section:

      (a) “Case management services” means medical or other health care management services to assist patients and providers of health care, including, without limitation, identifying and facilitating additional resources and treatments, providing information about treatment options and facilitating communication between providers of services to a patient.

      (b) “Medical management technique” means a practice which is used to control the cost or utilization of health care services. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

      (c) “Medically necessary” has the meaning ascribed to it in NRS 695G.055.

      (d) “Sickle cell disease and its variants” has the meaning ascribed to it in section 4.5 of this act.

      Sec. 26. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A health maintenance organization that issues a health care plan shall include in the plan coverage for:

      (a) Necessary case management services for an enrollee who has been diagnosed with sickle cell disease and its variants; and

      (b) Medically necessary care for an enrollee who has been diagnosed with sickle cell disease and its variants.

      2.  A health maintenance organization that issues a health care plan which provides coverage for prescription drugs shall include in the plan coverage for medically necessary prescription drugs to treat sickle cell disease and its variants.

      3.  A health maintenance organization shall establish a plan for each enrollee under 18 years of age who has been diagnosed with sickle cell disease and its variants to transition the enrollee from pediatric care to adult care when the enrollee reaches 18 years of age.

      4.  A health maintenance organization may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2173 (CHAPTER 349, AB 254)ê

 

      5.  As used in this section:

      (a) “Case management services” means medical or other health care management services to assist patients and providers of health care, including, without limitation, identifying and facilitating additional resources and treatments, providing information about treatment options and facilitating communication between providers of services to a patient.

      (b) “Medical management technique” means a practice which is used to control the cost or utilization of health care services. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

      (c) “Medically necessary” has the meaning ascribed to it in NRS 695G.055.

      (d) “Sickle cell disease and its variants” has the meaning ascribed to it in section 4.5 of this act.

      Sec. 27. 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 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 and section 26 of this act 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. 28. 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;

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2174 (CHAPTER 349, AB 254)ê

 

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;

      (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 26 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.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2175 (CHAPTER 349, AB 254)ê

 

      Sec. 29. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A managed care organization that issues a health care plan shall include in the plan coverage for:

      (a) Necessary case management services for an insured diagnosed with sickle cell disease and its variants; and

      (b) Medically necessary care for an insured who has been diagnosed with sickle cell disease and its variants.

      2.  A managed care organization that issues a health care plan which provides coverage for prescription drugs shall include in the plan coverage for medically necessary prescription drugs to treat sickle cell disease and its variants.

      3.  A managed care organization shall establish a plan for each insured under 18 years of age who has been diagnosed with sickle cell disease and its variants to transition the insured from pediatric care to adult care when the insured reaches 18 years of age.

      4.  A managed care organization may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

      5.  As used in this section:

      (a) “Case management services” means medical or other health care management services to assist patients and providers of health care, including, without limitation, identifying and facilitating additional resources and treatments, providing information about treatment options and facilitating communication between providers of services to a patient.

      (b) “Medical management technique” means a practice which is used to control the cost or utilization of health care services. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

      (c) “Sickle cell disease and its variants” has the meaning ascribed to it in section 4.5 of this act.

      Sec. 30.  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. 31.  This act becomes effective:

      1.  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

      2.  On October 1, 2019, for all other purposes.

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2176ê

 

CHAPTER 350, AB 282

Assembly Bill No. 282–Assemblymen Spiegel; Cohen and Fumo

 

Joint Sponsors: Senators Pickard And Woodhouse

 

CHAPTER 350

 

[Approved: June 3, 2019]

 

AN ACT relating to the City of Henderson; requiring, under certain circumstances, a member of the City Council of the City of Henderson to be elected only by the registered voters of the ward that he or she seeks to represent; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under the existing Charter of the City of Henderson, the City is divided into four wards, but the candidates for the office of Council Member are voted on by the registered voters of the City at large. (Henderson City Charter §§ 1.040, 2.010, 5.010, 5.020) In addition, under the existing Charter of the City of Henderson, the City holds primary and general city elections in odd-numbered years, but the City may by ordinance provide for its elections to be held in even-numbered years on the statewide election cycle. (Henderson City Charter §§ 5.010, 5.020) Finally, under the Nevada Constitution, the Legislature may amend the existing Charter of the City of Henderson to require the City’s elections to be held in even-numbered years on the statewide election cycle. (Nev. Const. Art. 4, § 27, Art. 8, § 1) In sections 26, 29 and 30 of Assembly Bill No. 50 of this session, the Legislature proposes to amend the existing Charter of the City of Henderson to require the City’s elections to be held in even-numbered years on the statewide election cycle.

      Section 5 of this bill requires the City Council to place a question on the ballot at: (1) the general city election held in June 2021; or (2) if no general city election will be held in June 2021 because the City will be holding its elections in even-numbered years on the statewide election cycle, the general election held in November 2022. The ballot question will ask the registered voters of the City whether the Charter of the City should be amended to require that the candidates for members of the City Council of the City of Henderson be voted upon only by the registered voters of the ward that the candidate seeks to represent. If the voters of the City approve the ballot question: (1) the applicable sections of this bill become effective; and (2) candidates for the office of Council Member of the City must be voted upon at subsequent elections only by the registered voters of the ward that the candidate seeks to represent. If the voters of the City do not approve the ballot question: (1) the applicable sections of this bill do not become effective; and (2) candidates for the office of Council Member of the City will continue to be voted upon at subsequent elections by the registered voters of the City at large.

 

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. Section 1.060 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 231, Statutes of Nevada 1991, at page 511, is hereby amended to read as follows:

       Sec. 1.060  Elective offices.

       1.  The elective officers of the City consist of:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2177 (CHAPTER 350, AB 282)ê

 

       (a) A Mayor.

      (b) [Four] One Council [Members.] Member from each ward.

       (c) Municipal Judges.

       2.  Such officers shall be elected as provided by this Charter.

      Sec. 2. Section 2.010 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 218, Statutes of Nevada 2011, at page 955, is hereby amended to read as follows:

       Sec. 2.010  City Council: Qualifications; election; term of office; salary.

      1.  The legislative power of the City is vested in a City Council consisting of [four] one Council [Members] Member from each ward and the Mayor.

       2.  The Mayor must be:

       (a) A bona fide resident of the territory which is established by the boundaries of the City for the 12 months immediately preceding the last day for filing a declaration of candidacy for the office.

       (b) A qualified elector within the City.

       3.  Each Council Member must be:

       (a) A bona fide resident of the territory which is established by the boundaries of the City for the 12 months immediately preceding the last day for filing a declaration of candidacy for the office.

       (b) A qualified elector within the ward which he or she represents.

       (c) A resident of the ward which he or she represents for at least 30 days immediately preceding the last day for filing a declaration of candidacy for the office, except that changes in ward boundaries pursuant to the provisions of section 1.040 do not affect the right of any elected Council Member to continue in office for the term for which he or she was elected.

      4.  All Council Members, including the Mayor, [must be voted upon by the registered voters of the City at large and,] except as otherwise provided in section 5.020, shall serve for terms of 4 years.

      5.  The Mayor and Council Members are entitled to receive a salary in an amount fixed by the City Council. The City Council shall not adopt an ordinance which increases or decreases the salary of the Mayor or the Council Members during the term for which they have been elected or appointed.

      Sec. 2.5. Section 2.010 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by section 26 of Assembly Bill No. 50 of the 80th Session of the Nevada Legislature, is hereby amended to read as follows:

      Sec. 2.010  City Council: Qualifications; election; term of office; salary.

      1.  The legislative power of the City is vested in a City Council consisting of [four] one Council [Members] Member from each ward and the Mayor.

      2.  The Mayor must be:

      (a) A bona fide resident of the territory which is established by the boundaries of the City for the 12 months immediately preceding the last day for filing a declaration of candidacy for the office.

      (b) A qualified elector within the City.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2178 (CHAPTER 350, AB 282)ê

 

      3.  Each Council Member must be:

      (a) A bona fide resident of the territory which is established by the boundaries of the City for the 12 months immediately preceding the last day for filing a declaration of candidacy for the office.

      (b) A qualified elector within the ward which he or she represents.

      (c) A resident of the ward which he or she represents for at least 30 days immediately preceding the last day for filing a declaration of candidacy for the office, except that changes in ward boundaries pursuant to the provisions of section 1.040 do not affect the right of any elected Council Member to continue in office for the term for which he or she was elected.

      4.  All Council Members, including the Mayor, [must be voted upon by the registered voters of the City at large and,] except as otherwise provided in sections 5.020 and 5.120, shall serve for terms of 4 years.

      5.  The Mayor and Council Members are entitled to receive a salary in an amount fixed by the City Council. The City Council shall not adopt an ordinance which increases or decreases the salary of the Mayor or the Council Members during the term for which they have been elected or appointed.

      Sec. 3. Section 5.010 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 266, Statutes of Nevada 2013, at page 1214, is hereby amended to read as follows:

       Sec. 5.010  Primary municipal election.

       1.  Except as otherwise provided in section 5.020, a primary municipal election must be held on the Tuesday after the first Monday in April of each odd-numbered year, at which time there must be nominated candidates for offices to be voted for at the next general municipal election.

       2.  A candidate for any office to be voted for at any primary municipal election must file a declaration of candidacy as provided by the election laws of this State.

      3.  All candidates for elective office , other than candidates for the office of Council Member, must be voted upon by the registered voters of the City at large.

      4.  A candidate for the office of Council Member must be voted upon only by the registered voters of the ward that he or she seeks to represent.

      5.  If in the primary municipal election no candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general municipal election. If in the primary municipal election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, he or she must be declared elected and no general municipal election need be held for that office. Such candidate shall enter upon his or her respective duties at the second regular meeting of the City Council held in June of the year of the general municipal election.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2179 (CHAPTER 350, AB 282)ê

 

      Sec. 3.5. Section 5.010 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by section 29 of Assembly Bill No. 50 of the 80th Session of the Nevada Legislature, is hereby amended to read as follows:

      Sec. 5.010  Primary municipal election.

      1.  A primary municipal election must be held:

      (a) On the first Tuesday after the first Monday in April 2019; and

      (b) Beginning in 2022, on the second Tuesday in June of each even-numbered year,

Ê at which time there must be nominated candidates for offices to be voted for at the next general municipal election.

      2.  A candidate for any office to be voted for at any primary municipal election must file a declaration of candidacy as provided by the election laws of this State.

      3.  All candidates for elective office , other than candidates for the office of Council Member, must be voted upon by the registered voters of the City at large.

      4.  A candidate for the office of Council Member must be voted upon only by the registered voters of the ward that he or she seeks to represent.

      5.  If in the primary municipal election no candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general municipal election. If in the primary municipal election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, he or she must be declared elected and no general municipal election need be held for that office. Such candidate shall enter upon his or her respective duties at:

      (a) If the primary municipal election was held in 2019, the second regular meeting of the City Council held in June 2019.

      (b) If the primary municipal election was held on the second Tuesday of June of an even-numbered year, the first regular meeting of the City Council held in January of the year following the primary municipal election.

      Sec. 4. Section 5.020 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 336, Statutes of Nevada 2015, at page 1890, is hereby amended to read as follows:

       Sec. 5.020  General municipal election.

      1.  Except as otherwise provided in subsection [2:] 4:

       (a) A general municipal election must be held in the City on the second Tuesday after the first Monday in June of each odd-numbered year, at which time the registered voters of the City shall elect city officers to fill the available elective positions.

      (b) [All candidates for the office of Mayor, Council Member and Municipal Judge must be voted upon by the registered voters of the City at large. The term of office for members of the City Council and the Mayor is 4 years. Except as otherwise provided in subsection 3 of section 4.015, the term of office for a Municipal Judge is 6 years.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2180 (CHAPTER 350, AB 282)ê

 

      (c)] On the second Tuesday after the first Monday in June 2019, and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 1 who will hold office until his or her successor has been elected and qualified.

      [(d)](c) On the second Tuesday after the first Monday in June 2021, and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 2 who will hold office until his or her successor has been elected and qualified.

      [(e)](d) On the second Tuesday after the first Monday in June 2017, and every 6 years thereafter, there must be elected by the qualified voters of the City, at a general municipal election to be held for that purpose, a Municipal Judge for Department 3 who will hold office until his or her successor has been elected and qualified.

      2.  All candidates for elective office, other than candidates for the office of Council Member, must be voted upon by the registered voters of the City at large.

      3.  A candidate for the office of Council Member must be voted upon only by the registered voters of the ward that he or she seeks to represent.

      4.  The City Council may by ordinance provide for a primary municipal election and general municipal election on the dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS.

      [3.]5.  If the City Council adopts an ordinance pursuant to subsection [2,] 4, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165 and in NRS 293.175, 293.177, 293.345 and 293.368 apply for the purposes of conducting the primary municipal elections and general municipal elections.

      [4.]6.  If the City Council adopts an ordinance pursuant to subsection [2,] 4, the ordinance must not affect the term of office of any elected official of the City serving in office on the effective date of the ordinance. The next succeeding term for that office may be shortened but may not be lengthened as a result of the ordinance.

      Sec. 4.5. Section 5.020 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by section 30 of Assembly Bill No. 50 of the 80th Session of the Nevada Legislature, is hereby amended to read as follows:

      Sec. 5.020  General municipal election.

      1.  [On] Notwithstanding the provisions of subsections 7 and 8, on the second Tuesday after the first Monday in June 2019, there must be elected by the qualified voters of the City [,] pursuant to the provisions of this Charter in effect at [a] the general municipal election [to be] held for that purpose:

      (a) Three Council Members who shall hold office until their successors have been elected and qualified pursuant to subsection 4; and

      (b) A Municipal Judge for Department 1 who shall hold office until his or her successor has been elected and qualified pursuant to subsection 6.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2181 (CHAPTER 350, AB 282)ê

 

      2.  On the first Tuesday after the first Monday in November 2022, and at each successive interval of 4 years, there must be elected , [by the qualified voters of the City,] at a general municipal election to be held for that purpose, a Mayor and one Council Member who shall hold office for a period of 4 years and until their successors have been elected and qualified.

      3.  On the first Tuesday after the first Monday in November 2022, and at each successive interval of 6 years, there must be elected , [by the qualified voters of the City,] at a general municipal election to be held for that purpose, a Municipal Judge for Department 2 who shall hold office for a period of 6 years and until his or her successor has been elected and qualified.

      4.  On the first Tuesday after the first Monday in November 2024, and at each successive interval of 4 years, there must be elected , [by the qualified voters of the City,] at a general municipal election to be held for that purpose, three Council Members who shall hold office for a period of 4 years and until their successors have been elected and qualified.

      5.  On the first Tuesday after the first Monday in November 2024, and at each successive interval of 6 years, there must be elected , [by the qualified voters of the City,] at a general municipal election to be held for that purpose, a Municipal Judge for Department 3 who shall hold office for a period of 6 years and until his or her successor has been elected and qualified.

      6.  On the first Tuesday after the first Monday in November 2026, and at each successive interval of 6 years, there must be elected , [by the qualified voters of the City,] at a general municipal election held for that purpose, a Municipal Judge for Department 1 who shall hold office for a period of 6 years and until his or her successor has been elected and qualified.

      7.  All candidates for elective office, other than candidates for the office of Council Member, must be voted upon by the registered voters of the City at large.

      8.  A candidate for the office of Council Member must be voted upon only by the registered voters of the ward that he or she seeks to represent.

      Sec. 5.  1.  The City Council of the City of Henderson shall submit the question set forth in subsection 2 on the ballot:

      (a) Except as otherwise provided in paragraph (b), at the general city election held in June 2021; or

      (b) If a general city election is not held in June 2021, at the general election held in November 2022.

      2.  The question required pursuant to subsection 1 must be in substantially the following form:

 

       Shall the Charter of the City of Henderson be amended to require that a candidate for member of the City Council of the City of Henderson be voted upon only by the registered voters of the ward that the candidate seeks to represent?

 

Yes ¨  No ¨

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2182 (CHAPTER 350, AB 282)ê

 

The voter shall mark the ballot by placing a cross (x) next to the word “yes” or “no” or by casting his or her vote for or against the question by another method of voting used in the City under the standards adopted pursuant to NRS 293C.369.

      3.  The provisions of NRS 293.481 and 295.217 apply to the City Council for purposes of submitting the question set forth in subsection 2 to the voters, except that the question must not be withdrawn by the City Council pursuant to subsection 4 of NRS 293.481.

      4.  If sections 26, 29 and 30 of Assembly Bill No. 50 of the 80th Session of the Nevada Legislature:

      (a) Are not enacted into law and the question set forth in subsection 2 is approved by the voters, the provisions of sections 1, 2, 3 and 4 of this act apply to every city election that occurs following the election described in subsection 1.

      (b) Are enacted into law and the question set forth in subsection 2 is approved by the voters, the provisions of sections 1, 2.5, 3.5 and 4.5 of this act apply to every city election that occurs following the election described in subsection 1.

      Sec. 6.  Notwithstanding any other provision of law to the contrary, any person:

      1.  Elected or appointed to the office of Council Member of the City of Henderson to represent the City at large and who holds office on the effective date of sections 1, 2, 3 and 4 of this act or sections 1, 2.5, 3.5 and 4.5 of this act, as applicable, shall be deemed to hold an office that represents the ward in which the person must be a qualified elector pursuant to section 2.010 of the Charter of the City of Henderson.

      2.  Appointed to the office of Council Member of the City of Henderson on or after the effective date of sections 1, 2, 3 and 4 of this act or sections 1, 2.5, 3.5 and 4.5 of this act, as applicable, shall be deemed to hold an office that represents the ward in which the person must be a qualified elector pursuant to section 2.010 of the Charter of the City of Henderson.

      Sec. 7.  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. 8.  1.  This section and sections 5 and 7 of this act become effective upon passage and approval.

      2.  If sections 26, 29 and 30 of Assembly Bill No. 50 of the 80th Session of the Nevada Legislature:

      (a) Are not enacted into law and the question set forth in subsection 2 of section 5 of this act is approved by the voters of the City of Henderson, sections 1, 2, 3, 4 and 6 of this act become effective upon the completion of the canvass of the election described in subsection 1 of section 5 of this act by the City Council pursuant to section 5.100 of the Charter of the City of Henderson.

      (b) Are enacted into law and the question set forth in subsection 2 of section 5 of this act is approved by the voters of the City of Henderson, sections 1, 2.5, 3.5, 4.5 and 6 of this act become effective upon the completion of the canvass of the election described in subsection 1 of section 5 of this act by the City Council pursuant to section 5.100 of the Charter of the City of Henderson.

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2183ê

 

CHAPTER 351, AB 298

Assembly Bill No. 298–Assemblywoman Backus

 

CHAPTER 351

 

[Approved: June 3, 2019]

 

AN ACT relating to child welfare; requiring each agency which provides child welfare services to adopt a plan for the recruitment and retention of foster homes; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that an agency which provides child welfare services is responsible for licensing and regulating foster homes. (NRS 424.016, 424.030) This bill requires an agency which provides child welfare services to adopt a plan for the recruitment and retention of foster homes. This bill also requires an agency which provides child welfare services to appoint one or more employees to: (1) develop, carry out and evaluate the implementation of the plan; and (2) evaluate certain other issues relating to the ability of existing foster homes to meet the needs of children.

 

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

      1.  An agency which provides child welfare services shall adopt, publish on an Internet website maintained by the agency and update annually a plan for the recruitment and retention of foster homes which must include, without limitation:

      (a) A determination of the number of foster homes needed in the area served by the agency. When making that determination, the agency must consider the needs of children in foster care in the area served by the agency with respect to:

             (1) The ages of the children;

             (2) Accommodating siblings to remain together;

             (3) Serving children who have intellectual or developmental disabilities and who have other special needs; and

             (4) Addressing the needs of children in foster care to receive care provided in a racially and culturally competent manner.

      (b) Specific goals for the number of foster homes needed in the geographic area served by the agency.

      (c) If the agency failed to meet the goals established pursuant to paragraph (b) for the immediately preceding year, a description of the measures that the agency plans to take to ensure that the agency meets those targets during the immediately following year.

      (d) A plan to ensure that, to the extent possible, a foster home in which a child is placed pursuant to NRS 432B.550 is located in:

             (1) The same community as the home from which the child was removed; and

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2184 (CHAPTER 351, AB 298)ê

 

             (2) The zone of attendance of the public school that the child was attending when he or she was removed from that home, if applicable.

      (e) Strategies for recruiting foster homes in geographic areas with a high rate of placement of children in protective custody.

      (f) An identification of resources available to support foster parents.

      2.  An agency which provides child welfare services shall appoint one or more employees to:

      (a) Develop and carry out the plan adopted pursuant to subsection 1.

      (b) Evaluate the implementation of the plan, the degree to which existing procedures for placing children in foster homes meet the needs of those children and use resources efficiently, any gaps in services for children placed in protective custody or foster care and any barriers to placing children in accordance with paragraph (d) of subsection 1.

      3.  On or before August 1 of each year, an agency which provides child welfare services shall publish on an Internet website maintained by the agency a report which includes, without limitation:

      (a) Information relating to whether the agency achieved the goals established pursuant to paragraph (b) of subsection 1 for each quarter of the immediately preceding year;

      (b) The number of children placed outside this State for more than 15 days during the immediately preceding year, including, without limitation, the number of children placed in residential treatment facilities outside this State for more than 15 days during the immediately preceding year;

      (c) The reasons for the placements described in paragraph (b);

      (d) A summary of changes that could prevent the placements described in paragraph (b); and

      (e) A summary of changes or actions necessary to allow children who are currently placed outside this State to return to this State.

      Sec. 2. (Deleted by amendment.)

      Sec. 2.5.  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. 3.  This act becomes effective on July 1, 2019.

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2185ê

 

CHAPTER 352, AB 299

Assembly Bill No. 299–Assemblywoman Backus

 

CHAPTER 352

 

[Approved: June 3, 2019]

 

AN ACT relating to powers of attorney; defining the term “nondurable” for certain purposes relating to powers of attorney; revising provisions relating to powers of attorney for certain financial matters and health care; revising provisions relating to the Nevada Lockbox; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth the Uniform Power of Attorney Act which authorizes a person to grant authority to an agent to act for the person in certain matters relating to financial decisions. (NRS 162A.200-162A.660) Existing law also sets forth provisions governing durable powers of attorney for health care decisions. (NRS 162A.700-162A.865) Existing law provides that “durable” means a power of attorney is not terminated by the incapacity of a principal. (NRS 162A.040) Additionally, existing law sets forth the circumstances under which a guardian may be appointed after a power of attorney has been executed. (NRS 162A.250, 162A.800)

      Section 1 of this bill defines the term “nondurable” as a power of attorney that terminates upon the incapacity of a principal. Section 2.5 of this bill revises the term “incapacity” to provide that such incapacity must be determined by a court of competent jurisdiction or, if an instrument executed pursuant to chapter 162A of NRS specifically provides a different method for determining incapacity, by the method set forth in that instrument. Sections 3 and 4 of this bill set forth the circumstances under which a guardian is appointed after the proper execution of a: (1) durable power of attorney for both financial matters and health care; and (2) nondurable power of attorney for both financial matters and health care.

      Existing law establishes provisions relating to the Nevada Lockbox, which is a registry authorized to be established and maintained on the Secretary of State’s Internet website in which a person may register a will or certain other documents. (NRS 225.300-225.440) Existing law specifically provides a form for a power of attorney for health care. (NRS 162A.860) Section 5 of this bill revises the form by informing the principal that the principal may request a power of attorney for health care be electronically stored in the Nevada Lockbox to allow access by authorized providers of health care. Section 5 also provides additional desires specific to possible health care decisions.

      Section 7 of this bill provides that a durable power of attorney for health care, executed pursuant to existing law, constitutes a valid declaration governing the withholding or withdrawal of life-sustaining treatment.

 

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 162A of NRS is hereby amended by adding thereto a new section to read as follows:

      “Nondurable,” with respect to a power of attorney, means terminated by the principal’s incapacity.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2186 (CHAPTER 352, AB 299)ê

 

      Sec. 2. NRS 162A.010 is hereby amended to read as follows:

      162A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 162A.020 to 162A.160, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 2.5. NRS 162A.070 is hereby amended to read as follows:

      162A.070  “Incapacity” means the inability of an individual to manage property or business affairs because the individual:

      1.  Has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or

      2.  Is:

      (a) Missing;

      (b) Detained, including incarcerated in a penal system; or

      (c) Outside the United States and unable to return [.] ,

Ê as determined by a court of competent jurisdiction or, if an instrument executed pursuant to this chapter specifically provides a different method for determining the incapacity of an individual for the purposes of this chapter, as determined by the method set forth in that instrument.

      Sec. 3. NRS 162A.250 is hereby amended to read as follows:

      162A.250  1.  In a power of attorney, a principal may nominate a guardian of the principal’s estate for consideration by the court if guardianship proceedings for the principal’s estate or person are begun after the principal executes the power of attorney.

      2.  If, after a principal properly executes a nondurable power of attorney [,] pursuant to NRS 162A.220, a court appoints a guardian of the principal’s estate, the nondurable power of attorney is terminated . [, unless the]

      3.  If, after a principal properly executes a durable power of attorney pursuant to NRS 162A.220, a court appoints a guardian of the principal’s estate, the durable power of attorney is suspended and the agent’s authority is not exercisable unless the court orders the termination of the guardianship, and the power of attorney has not otherwise been terminated pursuant to NRS 162A.270. Upon the court ordering such a termination of the guardianship, the durable power of attorney is effective and no longer suspended pursuant to this subsection and the agent’s authority is exercisable.

      4.  Except as otherwise provided in subsection 3, the court [allows] may issue an order allowing the agent to retain specific powers conferred by the power of attorney. In the event the court allows the agent to retain specific powers, the agent shall file an accounting with the court and the guardian on a quarterly basis or such other period as the court may designate.

      Sec. 4. NRS 162A.800 is hereby amended to read as follows:

      162A.800  1.  In a power of attorney for health care, a principal may nominate a guardian of the principal’s person for consideration by the court if guardianship proceedings for the principal’s person are begun after the principal executes the power of attorney.

      2.  If, after a principal properly executes a nondurable power of attorney for health care [,] pursuant to NRS 162A.790, a court appoints a guardian of the principal’s person, the nondurable power of attorney is terminated. The guardian shall follow any provisions contained in the nondurable power of attorney for health care delineating the principal’s wishes for medical and end-of-life care.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2187 (CHAPTER 352, AB 299)ê

 

the nondurable power of attorney for health care delineating the principal’s wishes for medical and end-of-life care.

      3.  If, after a principal properly executes a durable power of attorney for health care pursuant to NRS 162A.790, a court appoints a guardian of the principal’s person, the durable power of attorney for health care is suspended and the agent’s authority is not exercisable unless the court orders the termination of the guardianship, and the power of attorney has not otherwise been terminated pursuant to NRS 162A.270. Upon the court ordering such a termination of the guardianship, the durable power of attorney for health care is effective and no longer suspended pursuant to this subsection and the agent’s authority is exercisable.

      Sec. 5. NRS 162A.860 is hereby amended to read as follows:

      162A.860  Except as otherwise provided in NRS 162A.865, the form of a power of attorney for health care may be substantially in the following form, and must be witnessed or executed in the same manner as the following form:

 

DURABLE POWER OF ATTORNEY

FOR HEALTH CARE DECISIONS

 

WARNING TO PERSON EXECUTING THIS DOCUMENT

 

       THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR HEALTH CARE. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:

       1.  THIS DOCUMENT GIVES THE PERSON YOU DESIGNATE AS YOUR AGENT THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU. THIS POWER IS SUBJECT TO ANY LIMITATIONS OR STATEMENT OF YOUR DESIRES THAT YOU INCLUDE IN THIS DOCUMENT. THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE CONSENT, REFUSAL OF CONSENT OR WITHDRAWAL OF CONSENT TO ANY CARE, TREATMENT, SERVICE OR PROCEDURE TO MAINTAIN, DIAGNOSE OR TREAT A PHYSICAL OR MENTAL CONDITION. YOU MAY STATE IN THIS DOCUMENT ANY TYPES OF TREATMENT OR PLACEMENTS THAT YOU DO NOT DESIRE.

       2.  THE PERSON YOU DESIGNATE IN THIS DOCUMENT HAS A DUTY TO ACT CONSISTENT WITH YOUR DESIRES AS STATED IN THIS DOCUMENT OR OTHERWISE MADE KNOWN OR, IF YOUR DESIRES ARE UNKNOWN, TO ACT IN YOUR BEST INTERESTS.

       3.  EXCEPT AS YOU OTHERWISE SPECIFY IN THIS DOCUMENT, THE POWER OF THE PERSON YOU DESIGNATE TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE THE POWER TO CONSENT TO YOUR DOCTOR NOT GIVING TREATMENT OR STOPPING TREATMENT WHICH WOULD KEEP YOU ALIVE.

       4.  UNLESS YOU SPECIFY A SHORTER PERIOD IN THIS DOCUMENT, THIS POWER WILL EXIST INDEFINITELY FROM THE DATE YOU EXECUTE THIS DOCUMENT AND, IF YOU ARE UNABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF, THIS POWER WILL CONTINUE TO EXIST UNTIL THE TIME WHEN YOU BECOME ABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2188 (CHAPTER 352, AB 299)ê

 

YOU ARE UNABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF, THIS POWER WILL CONTINUE TO EXIST UNTIL THE TIME WHEN YOU BECOME ABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF.

       5.  NOTWITHSTANDING THIS DOCUMENT, YOU HAVE THE RIGHT TO MAKE MEDICAL AND OTHER HEALTH CARE DECISIONS FOR YOURSELF SO LONG AS YOU CAN GIVE INFORMED CONSENT WITH RESPECT TO THE PARTICULAR DECISION. IN ADDITION, NO TREATMENT MAY BE GIVEN TO YOU OVER YOUR OBJECTION, AND HEALTH CARE NECESSARY TO KEEP YOU ALIVE MAY NOT BE STOPPED IF YOU OBJECT.

       6.  YOU HAVE THE RIGHT TO REVOKE THE APPOINTMENT OF THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THAT PERSON OF THE REVOCATION ORALLY OR IN WRITING.

       7.  YOU HAVE THE RIGHT TO REVOKE THE AUTHORITY GRANTED TO THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THE TREATING PHYSICIAN, HOSPITAL OR OTHER PROVIDER OF HEALTH CARE ORALLY OR IN WRITING.

       8.  THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU HAS THE RIGHT TO EXAMINE YOUR MEDICAL RECORDS AND TO CONSENT TO THEIR DISCLOSURE UNLESS YOU LIMIT THIS RIGHT IN THIS DOCUMENT.

       9.  THIS DOCUMENT REVOKES ANY PRIOR DURABLE POWER OF ATTORNEY FOR HEALTH CARE.

       10.  IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.

      11.  YOU MAY REQUEST THAT THE NEVADA SECRETARY OF STATE ELECTRONICALLY STORE WITH THE NEVADA LOCKBOX A COPY OF THIS DOCUMENT TO ALLOW ACCESS BY AN AUTHORIZED PROVIDER OF HEALTH CARE AS DEFINED IN NRS 629.031.

 

       1.  DESIGNATION OF HEALTH CARE AGENT.

       I, .................................................................................................................

(insert your name) do hereby designate and appoint:

 

Name: ..................................................................................................

Address: .............................................................................................

Telephone Number: ..........................................................................

 

as my agent to make health care decisions for me as authorized in this document.

       (Insert the name and address of the person you wish to designate as your agent to make health care decisions for you. Unless the person is also your spouse, legal guardian or the person most closely related to you by blood, none of the following may be designated as your agent: (1) your treating provider of health care; (2) an employee of your treating provider of health care; (3) an operator of a health care facility; or (4) an employee of an operator of a health care facility.)

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2189 (CHAPTER 352, AB 299)ê

 

to you by blood, none of the following may be designated as your agent: (1) your treating provider of health care; (2) an employee of your treating provider of health care; (3) an operator of a health care facility; or (4) an employee of an operator of a health care facility.)

       2.  CREATION OF DURABLE POWER OF ATTORNEY FOR HEALTH CARE.

       By this document I intend to create a durable power of attorney by appointing the person designated above to make health care decisions for me. This power of attorney shall not be affected by my subsequent incapacity.

       3.  GENERAL STATEMENT OF AUTHORITY GRANTED.

       In the event that I am incapable of giving informed consent with respect to health care decisions, I hereby grant to the agent named above full power and authority: to make health care decisions for me before or after my death, including consent, refusal of consent or withdrawal of consent to any care, treatment, service or procedure to maintain, diagnose or treat a physical or mental condition; to request, review and receive any information, verbal or written, regarding my physical or mental health, including, without limitation, medical and hospital records; to execute on my behalf any releases or other documents that may be required to obtain medical care and/or medical and hospital records, EXCEPT any power to enter into any arbitration agreements or execute any arbitration clauses in connection with admission to any health care facility including any skilled nursing facility; and subject only to the limitations and special provisions, if any, set forth in paragraph 4 or 6.

       4.  SPECIAL PROVISIONS AND LIMITATIONS.

       (Your agent is not permitted to consent to any of the following: commitment to or placement in a mental health treatment facility, convulsive treatment, psychosurgery, sterilization or abortion. If there are any other types of treatment or placement that you do not want your agent’s authority to give consent for or other restrictions you wish to place on his or her agent’s authority, you should list them in the space below. If you do not write any limitations, your agent will have the broad powers to make health care decisions on your behalf which are set forth in paragraph 3, except to the extent that there are limits provided by law.)

       In exercising the authority under this durable power of attorney for health care, the authority of my agent is subject to the following special provisions and limitations:

                                                                                                                            

                                                                                                                            

                                                                                                                            

                                                                                                                            

 

       5.  DURATION.

       I understand that this power of attorney will exist indefinitely from the date I execute this document unless I establish a shorter time. If I am unable to make health care decisions for myself when this power of attorney expires, the authority I have granted my agent will continue to exist until the time when I become able to make health care decisions for myself.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2190 (CHAPTER 352, AB 299)ê

 

(IF APPLICABLE)

I wish to have this power of attorney end on the following date:      

 

       6.  STATEMENT OF DESIRES.

       (With respect to decisions to withhold or withdraw life-sustaining treatment, your agent must make health care decisions that are consistent with your known desires. You can, but are not required to, indicate your desires below. If your desires are unknown, your agent has the duty to act in your best interests; and, under some circumstances, a judicial proceeding may be necessary so that a court can determine the health care decision that is in your best interests. If you wish to indicate your desires, you may INITIAL the statement or statements that reflect your desires and/or write your own statements in the space below.)

(If the statement

reflects your desires,

initial the box next to

the statement.)

 

       1.  I desire that my life be prolonged to the greatest extent possible, without regard to my condition, the chances I have for recovery or long-term survival, or the cost of the procedures.    [     ]

       2.  If I am in a coma which my doctors have reasonably concluded is irreversible, I desire that life-sustaining or prolonging treatments not be used. [(Also should utilize provisions of NRS 449A.400 to 449A.481, inclusive, if this subparagraph is initialed.)]............................ [  ]

       3.  If I have an incurable or terminal condition or illness and no reasonable hope of long-term recovery or survival, I desire that life-sustaining or prolonging treatments not be used. [(Also should utilize provisions of NRS 449A.400 to 449A.481, inclusive, if this subparagraph is initialed.)]   [     ]

       4.  Withholding or withdrawal of artificial nutrition and hydration may result in death by starvation or dehydration. I want to receive or continue receiving artificial nutrition and hydration by way of the gastrointestinal tract after all other treatment is withheld........................ [  ]

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2191 (CHAPTER 352, AB 299)ê

 

       5.  I do not desire treatment to be provided and/or continued if the burdens of the treatment outweigh the expected benefits. My agent is to consider the relief of suffering, the preservation or restoration of functioning, and the quality as well as the extent of the possible extension of my life.   [       ]

       6.  If I have an incurable or terminal condition, including late stage dementia, or illness and no reasonable hope of long-term recovery or survival, I desire my attending physician to administer any medication to alleviate suffering without regard that the medication is likely to cause addiction or reduce the extension of my life.                    [............................................ ]

 

       (If you wish to change your answer, you may do so by drawing an “X” through the answer you do not want, and circling the answer you prefer.)

       Other or Additional Statements of Desires:..........................................

                                                                                                                            

                                                                                                                            

                                                                                                                            

                                                                                                                            

                                                                                                                            

 

       7.  DESIGNATION OF ALTERNATE AGENT.

       (You are not required to designate any alternative agent but you may do so. Any alternative agent you designate will be able to make the same health care decisions as the agent designated in paragraph 1, page 2, in the event that he or she is unable or unwilling to act as your agent. Also, if the agent designated in paragraph 1 is your spouse, his or her designation as your agent is automatically revoked by law if your marriage is dissolved.)

 

       If the person designated in paragraph 1 as my agent is unable to make health care decisions for me, then I designate the following persons to serve as my agent to make health care decisions for me as authorized in this document, such persons to serve in the order listed below:

 

       A.  First Alternative Agent

Name: .......................................................................................

Address: .................................................................................

Telephone Number: ...............................................................

 

       B.  Second Alternative Agent

Name: .......................................................................................

Address: .................................................................................

Telephone Number: ...............................................................

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2192 (CHAPTER 352, AB 299)ê

 

       8.  PRIOR DESIGNATIONS REVOKED.

       I revoke any prior durable power of attorney for health care.

       9.  WAIVER OF CONFLICT OF INTEREST.

       If my designated agent is my spouse or is one of my children, then I waive any conflict of interest in carrying out the provisions of this Durable Power of Attorney for Health Care that said spouse or child may have by reason of the fact that he or she may be a beneficiary of my estate.

       10.  CHALLENGES.

       If the legality of any provision of this Durable Power of Attorney for Health Care is questioned by my physician, my agent or a third party, then my agent is authorized to commence an action for declaratory judgment as to the legality of the provision in question. The cost of any such action is to be paid from my estate. This Durable Power of Attorney for Health Care must be construed and interpreted in accordance with the laws of the State of Nevada.

       11.  NOMINATION OF GUARDIAN.

       If, after execution of this Durable Power of Attorney for Health Care, proceedings seeking an adjudication of incapacity are initiated either for my estate or my person, I hereby nominate as my guardian or conservator for consideration by the court my agent herein named, in the order named.

       12.  RELEASE OF INFORMATION.

       I agree to, authorize and allow full release of information by any government agency, medical provider, business, creditor or third party who may have information pertaining to my health care, to my agent named herein, pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and applicable regulations.

 

(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY)

 

       I sign my name to this Durable Power of Attorney for Health Care on .............. (date) at .............................. (city), ......................... (state)

                                                           .................................................................

                                                                                  (Signature)

 

       (THIS POWER OF ATTORNEY WILL NOT BE VALID FOR MAKING HEALTH CARE DECISIONS UNLESS IT IS EITHER (1) SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO ARE PERSONALLY KNOWN TO YOU AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE OR (2) ACKNOWLEDGED BEFORE A NOTARY PUBLIC.)

 

CERTIFICATE OF ACKNOWLEDGMENT

OF NOTARY PUBLIC

 

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2193 (CHAPTER 352, AB 299)ê

 

State of Nevada                               }

                                                           }ss.

County of........................................ }

 

       On this................ day of................, in the year..., before me,................................ (here insert name of notary public) personally appeared................................ (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence.

 

NOTARY SEAL                               .................................................................

                                                                 (Signature of Notary Public)

 

STATEMENT OF WITNESSES

 

(You should carefully read and follow this witnessing procedure. This document will not be valid unless you comply with the witnessing procedure. If you elect to use witnesses instead of having this document notarized, you must use two qualified adult witnesses. None of the following may be used as a witness: (1) a person you designate as the agent; (2) a provider of health care; (3) an employee of a provider of health care; (4) the operator of a health care facility; or (5) an employee of an operator of a health care facility. At least one of the witnesses must make the additional declaration set out following the place where the witnesses sign.)

       I declare under penalty of perjury that the principal is personally known to me, that the principal signed or acknowledged this durable power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud or undue influence, that I am not the person appointed as agent by this document and that I am not a provider of health care, an employee of a provider of health care, the operator of a health care facility or an employee of an operator of a health care facility.

 

Signature: ..................................         Residence Address: .......................

Print Name: ................................         .............................................................

Date: ...........................................         .............................................................

 

Signature: ..................................         Residence Address: .......................

Print Name: ................................         .............................................................

Date: ...........................................         .............................................................

 

       (AT LEAST ONE OF THE ABOVE WITNESSES MUST ALSO SIGN THE FOLLOWING DECLARATION.)

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2194 (CHAPTER 352, AB 299)ê

 

       I declare under penalty of perjury that I am not related to the principal by blood, marriage or adoption and that to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.

 

Signature: .............................................

 

Signature: .............................................

 

---------------------------------------------------------------------------------------------

Names: ........................................         Address:.............................................

Print Name: .................................         .............................................................

Date: ............................................         .............................................................

 

COPIES:  You should retain an executed copy of this document and give one to your agent. The power of attorney should be available so a copy may be given to your providers of health care. This includes requesting the Nevada Secretary of State to electronically store this document with the Nevada Lockbox to allow access by authorized providers of health care.

      Sec. 6. NRS 225.330 is hereby amended to read as follows:

      225.330  “Other document” means a document registered with the Secretary of State pursuant to NRS 225.370 and may include, without limitation, a passport, a birth certificate, a marriage license , [or] a form requesting to nominate a guardian that is executed in accordance with NRS 159.0753 [.] or a power of attorney for health care that is properly executed pursuant to NRS 162A.790.

      Sec. 7. NRS 449A.433 is hereby amended to read as follows:

      449A.433  1.  A person of sound mind and 18 or more years of age may execute at any time a declaration governing the withholding or withdrawal of life-sustaining treatment. The declarant may designate another natural person of sound mind and 18 or more years of age to make decisions governing the withholding or withdrawal of life-sustaining treatment. The declaration must be signed by the declarant, or another at the declarant’s direction, and attested by two witnesses.

      2.  A physician or other provider of health care who is furnished a copy of the declaration shall make it a part of the declarant’s medical record and, if unwilling to comply with the declaration, promptly so advise the declarant and any person designated to act for the declarant.

      3.  A durable power of attorney for health care properly executed pursuant to NRS 162A.790 regarding the withholding or withdrawal of life-sustaining treatment constitutes for the purposes of NRS 449A.400 to 449A.481, inclusive, a properly executed declaration pursuant to this section.

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2195ê

 

CHAPTER 353, AB 301

Assembly Bill No. 301–Assemblywoman Benitez-Thompson

 

CHAPTER 353

 

[Approved: June 3, 2019]

 

AN ACT relating to jails; requiring the person appointed to administer a city jail and the sheriff of a county to report, as applicable, certain information concerning deaths in the city jail or county jail to the governing body of the city or the board of county commissioners; requiring the person appointed to administer a city jail and the sheriff to investigate certain deaths in the city jail or county jail, as applicable; requiring each governing body of a city and board of county commissioners to take certain actions relating to reports regarding deaths in the city jail or county jail, as applicable; revising provisions relating to the coordination of care for mental health and substance abuse treatment provided to a prisoner under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires each board of county commissioners to: (1) at least once every 3 months, inquire into the security of the county jail and the treatment and condition of the prisoners; and (2) take all necessary precautions against escape, sickness and infection in the county jail. (NRS 211.020) Existing law also gives the sheriff the responsibility for the daily operation of the county jail. (NRS 211.030) Section 6 of this bill requires the sheriff to: (1) report each death of a prisoner in the county jail or any branch county jail to the board; and (2) submit to the board a biannual report that contains aggregate data concerning deaths of prisoners in the county jail and any branch county jail. Section 5 of this bill requires the board to review all available information concerning deaths of prisoners in the county jail and any branch county jail. At least twice each year, section 5 also requires the board to include as an item on the agenda of a public meeting of the board consideration of the conditions of the county jail and any branch county jail and the number of deaths of prisoners in the county jail or any branch county jail during the immediately preceding 6 months and the known circumstances surrounding any such deaths. Section 5 additionally requires the board to take necessary precautions against suicide and death in the county jail and any branch county jail.

      Sections 3 and 4 of this bill apply the amendatory provisions of sections 5 and 6, respectively, to city jails and impose conforming requirements on the person appointed to administer a city jail and the governing body of a city, as applicable.

      In a county whose population is 700,000 or more, existing law: (1) requires a sheriff, chief of police or town marshal, in collaboration with the Department of Health and Human Services, to arrange for the coordination of care for mental health and substance abuse treatment provided to a prisoner in the custody of certain jails or detention facilities; (2) requires the Department to arrange for the coordination of such care after the prisoner is released from custody; and (3) provides that the sheriff, chief of police or town marshal is not responsible for arranging the coordination of such care after the prisoner is released from custody. (NRS 211.140) Section 6.5 of this bill removes the 700,000 or more population reference, thereby making the provisions of existing law concerning the coordination of care applicable to all counties in this State.

 

 

 

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2196 (CHAPTER 353, AB 301)ê

 

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 211 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. As used in this chapter, unless the context otherwise requires, “basic demographics” includes, without limitation:

      1.  A prisoner’s:

      (a) Name;

      (b) Inmate number;

      (c) Age at the time of his or her death; and

      (d) Gender;

      2.  The date of the admission of a prisoner to a county or city jail;

      3.  The date of the death of a prisoner;

      4.  The location of a prisoner at the time of his or her death; and

      5.  The probable cause of the death of a prisoner.

      Sec. 3. The governing body of a city:

      1.  Shall take all necessary precautions against escape from the city jail and sickness, infection, suicide and death in the city jail.

      2.  Shall review all available information concerning deaths of prisoners in the city jail, including, without limitation, information received from the person appointed to administer the city jail pursuant to section 4 of this act. At least twice each year, the governing body shall include as an item on the agenda of a public meeting of the governing body consideration of the conditions of the city jail and the number of deaths of prisoners in the city jail and the known circumstances surrounding any such deaths, including, without limitation, basic demographics and information submitted pursuant to the Death in Custody Reporting Act of 2013, Public Law 113-242, during the immediately preceding 6 months.

      Sec. 4. 1.  Not later than 48 hours after the death of a prisoner in a city jail, the person appointed to administer the city jail shall report the death to the governing body of the city. The report must include, without limitation, basic demographics.

      2.  The person appointed to administer the city jail shall submit to the governing body of the city a biannual report that contains aggregated data similar to the information submitted pursuant to the Death in Custody Reporting Act of 2013, Public Law 113-242, concerning the deaths of prisoners in the city jail during the immediately preceding 6 months and the circumstances surrounding any such deaths.

      Sec. 5. NRS 211.020 is hereby amended to read as follows:

      211.020  The board of county commissioners:

      1.  Is responsible for building, inspecting and repairing any county or branch county jail located in its county.

      2.  Once every 3 months, shall inquire into the security of the jail and the treatment and condition of the prisoners.

      3.  Shall take all necessary precautions against escape, sickness [or] , infection [.] , suicide and death.

      4.  Shall review all available information concerning deaths of prisoners in the county jail and any branch county jail, including, without limitation, information received from the sheriff pursuant to NRS 211.030.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2197 (CHAPTER 353, AB 301)ê

 

At least twice each year, the board shall include as an item on the agenda of a public meeting of the board, consideration of the conditions of the county jail and any branch county jail and the number of deaths of prisoners in the county jail and any branch county jail and the known circumstances surrounding any such deaths, including, without limitation, basic demographics and information submitted pursuant to the Death in Custody Reporting Act of 2013, Public Law 113-242, during the immediately preceding 6 months.

      Sec. 6. NRS 211.030 is hereby amended to read as follows:

      211.030  1.  The sheriff is the custodian of the jail in his or her county, and of the prisoners therein, and shall keep the jail personally, or by his or her deputy, or by a jailer or jailers appointed by the sheriff for that purpose, for whose acts the sheriff is responsible.

      2.  All jailers employed or appointed by the sheriff are entitled to receive a fair and adequate monthly compensation, to be paid out of the county treasury, for their services.

      3.  Not later than 48 hours after the death of a prisoner in the county jail or any branch county jail in his or her county, the sheriff shall report the death to the board of county commissioners. The report must include, without limitation, basic demographics.

      4.  The sheriff shall submit to the board a biannual report that contains aggregated data similar to the information submitted pursuant to the Death in Custody Reporting Act of 2013, Public Law 113-242, concerning the deaths of prisoners in the county jail and any branch county jail in his or her county during the immediately preceding 6 months and the circumstances surrounding any such deaths.

      Sec. 6.5. NRS 211.140 is hereby amended to read as follows:

      211.140  1.  The sheriff of each county has charge and control over all prisoners committed to his or her care in the respective county jails, and the chiefs of police and town marshals in the several cities and towns throughout this State have charge and control over all prisoners committed to their respective city and town jails and detention facilities.

      2.  A court shall not, at the request of any prisoner in a county, city or town jail, issue an order which affects the conditions of confinement of the prisoner unless, except as otherwise provided in this subsection, the court provides the sheriff, chief of police or town marshal having control over the prisoner with:

      (a) Sufficient prior notice of the court’s intention to enter the order. Notice by the court is not necessary if the prisoner has filed an action with the court challenging his or her conditions of confinement and has served a copy of the action on the sheriff, chief of police or town marshal.

      (b) An opportunity to be heard on the issue.

Ê As used in this subsection, “conditions of confinement” includes, but is not limited to, a prisoner’s access to the law library, privileges regarding visitation and the use of the telephone, the type of meals provided to the prisoner and the provision of medical care in situations which are not emergencies.

      3.  The sheriffs, chiefs of police and town marshals shall see that the prisoners under their care are kept at labor for reasonable amounts of time within the jail or detention facility, on public works in the county, city or town, or as part of a program of release for work established pursuant to NRS 211.120 or 211.171 to 211.200, inclusive.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2198 (CHAPTER 353, AB 301)ê

 

      4.  The sheriff, chief of police or town marshal shall arrange for the administration of medical care required by prisoners while in his or her custody. The county, city or town shall pay the cost of appropriate medical:

      (a) Treatment provided to a prisoner while in custody for injuries incurred by a prisoner while the prisoner is in custody and for injuries incurred during the prisoner’s arrest for commission of a public offense if the prisoner is not convicted of that offense;

      (b) Treatment provided to a prisoner while in custody for any infectious, contagious or communicable disease which the prisoner contracts while the prisoner is in custody; and

      (c) Examinations required by law or by court order conducted while the prisoner is in custody unless the order otherwise provides.

      5.  A prisoner shall pay the cost of medical treatment for:

      (a) Injuries incurred by the prisoner during his or her commission of a public offense or for injuries incurred during his or her arrest for commission of a public offense if the prisoner is convicted of that offense;

      (b) Injuries or illnesses which existed before the prisoner was taken into custody;

      (c) Self-inflicted injuries; and

      (d) Except treatment provided pursuant to subsection 4, any other injury or illness incurred by the prisoner.

      6.  A medical facility furnishing treatment pursuant to subsection 5 shall attempt to collect the cost of the treatment from the prisoner or the prisoner’s insurance carrier. If the facility is unable to collect the cost and certifies to the appropriate board of county commissioners that it is unable to collect the cost of the medical treatment, the board of county commissioners shall pay the cost of the medical treatment.

      7.  A sheriff, chief of police or town marshal who arranges for the administration of medical care pursuant to this section may attempt to collect from the prisoner or the insurance carrier of the prisoner the cost of arranging for the administration of medical care including the cost of any transportation of the prisoner for the purpose of medical care. The prisoner shall obey the requests of, and fully cooperate with the sheriff, chief of police or town marshal in collecting the costs from the prisoner or the prisoner’s insurance carrier.

      8.  [In a county whose population is 700,000 or more:

      (a)] While a prisoner is in custody, a sheriff, chief of police or town marshal, in collaboration with the Department of Health and Human Services and the various divisions thereof, for the purpose of maintaining continuity of care, shall arrange for the coordination of the care for mental health and substance abuse treatment provided to the prisoner by all providers of such care in the county, city or town jail or detention facility.

      [(b)] After a prisoner is released from custody:

             [(1)](a) The Department and the various divisions thereof shall arrange for the coordination of the care for mental health and substance abuse treatment provided to the prisoner.

             [(2)](b) The sheriff, chief of police or town marshal is no longer responsible for arranging the coordination of such care.

      9.  Each sheriff described in subsection 8, or his or her representative, and the Director of the Department of Health and Human Services, or his or her representative, shall, at the request of the Legislative Committee on Health Care, appear before the Committee during the legislative interim to report on the collaboration and coordination provided pursuant to subsection 8.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2199 (CHAPTER 353, AB 301)ê

 

Health Care, appear before the Committee during the legislative interim to report on the collaboration and coordination provided pursuant to subsection 8.

      10.  Mental health and substance abuse treatment provided pursuant to subsection 8 may include any medication that has been:

      (a) Approved by the United States Food and Drug Administration; and

      (b) Prescribed by a treating physician as medically necessary for use by the prisoner to address mental health or substance abuse issues.

      Sec. 7.  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.

________

CHAPTER 354, AB 307

Assembly Bill No. 307–Assemblymen Flores, Fumo, Torres, Nguyen; Assefa, Benitez-Thompson, Duran, Jauregui and Peters

 

CHAPTER 354

 

[Approved: June 3, 2019]

 

AN ACT relating to criminal gangs; establishing provisions governing the use of a gang database by a local law enforcement agency; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill establishes provisions governing the use of a gang database by a local law enforcement agency. This bill provides that if a local law enforcement agency uses a gang database: (1) if a person is registered in the database, written notice and an opportunity to contest the registration must be provided to the person; (2) a person registered in the database must be allowed to request removal of his or her registration in the database; and (3) any file relating to a person must be deleted from the database not later than 5 years after the date on which the person last had contact with the local law enforcement agency.

 

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 179A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a local law enforcement agency uses a gang database for the purposes of identifying suspected members and affiliates of a criminal gang, the local law enforcement agency must comply with the following requirements:

      (a) If a person is registered in the database, the local law enforcement agency must provide to the person written notice of his or her registration. Such written notice must include, without limitation, detailed instructions on the process for contesting registration as provided in this section.

      (b) A person who wishes to contest registration in the database must be given the following period after receiving notification pursuant to paragraph (a) to contest registration in the database:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2200 (CHAPTER 354, AB 307)ê

 

             (1) For a person who is confined in a state or local correctional or detention facility, 10 calendar days.

             (2) For a person who is not confined in a state or local correctional or detention facility, 30 calendar days.

      (c) To contest registration in the database, a person must be allowed:

             (1) To submit to the local law enforcement agency a written statement or other evidence; or

             (2) To request, in writing, an in-person interview with a representative of the local law enforcement agency. The in-person interview must be conducted as soon as reasonably practicable at a date and time convenient to the person who is contesting his or her registration.

      (d) A person who is registered in the database must be allowed to request removal of his or her registration in the database:

             (1) By submitting to the local law enforcement agency a written statement or other evidence; or

             (2) By requesting, in writing, an in-person interview with a representative of the local law enforcement agency. The in-person interview must be conducted as soon as reasonably practicable at a date and time convenient to the person who is requesting removal of his or registration from the database.

      (e) The file relating to any person who is registered in the database must be deleted from the database not later than 5 years after the date on which the person last had contact with the local law enforcement agency.

      2.  As used in this section:

      (a) “Contact” means contact with a local law enforcement agency during the investigation of a crime or report of an alleged crime.

      (b) “Criminal gang” means any combination of persons, organized formally or informally, so constructed that the organization will continue its operation even if individual members enter or leave the organization, which:

             (1) Has a common name or identifying symbol;

             (2) Has particular conduct, status and customs indicative of it; and

             (3) Has as one of its common activities engaging in criminal activity punishable as a felony.

      (c) “Local law enforcement agency” means:

             (1) The sheriff’s office of a county;

             (2) A metropolitan police department; or

             (3) A police department of an incorporated city.

      Secs. 2-13.  (Deleted by amendment.)

      Sec. 13.5.  The provisions of this act apply to a person whose registration is added to a gang database on or after July 1, 2019.

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

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2201ê

 

CHAPTER 355, AB 310

Assembly Bill No. 310–Assemblyman Frierson

 

CHAPTER 355

 

[Approved: June 3, 2019]

 

AN ACT relating to prescriptions; requiring a prescription to be given to a pharmacy by electronic transmission in certain circumstances; providing certain exemptions; authorizing professional discipline and administrative penalties against a practitioner who violates that requirement; authorizing a written prescription to be given indirectly; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prescribes the manner in which a prescription must be given. (NRS 639.2353) Section 7 of this bill requires a prescription for a controlled substance to be given to a pharmacy by electronic transmission, except in circumstances prescribed by the State Board of Pharmacy by regulation and in certain other cases including: (1) prescriptions issued by a veterinarian; (2) certain situations where an electronic prescription is not practical or feasible or is prohibited by federal law; (3) when a prescription is not issued to a specific person; and (4) pursuant to a waiver granted by the Board under exceptional circumstances. Sections 1-7 of this bill authorize professional discipline to be taken against a practitioner who fails to comply with the requirements of section 7. Section 7 additionally authorizes the imposition of administrative penalties against such a practitioner, and sections 7 and 9.5 of this bill provide that such a practitioner is subject only to those administrative penalties or professional discipline and is not subject to criminal penalties. Sections 8-11 of this bill make conforming changes. Section 8 also generally authorizes a written prescription to be given indirectly when an electronic prescription is not required.

 

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 630.3062 is hereby amended to read as follows:

      630.3062  1.  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

      (a) Failure to maintain timely, legible, accurate and complete medical records relating to the diagnosis, treatment and care of a patient.

      (b) Altering medical records of a patient.

      (c) Making or filing a report which the licensee knows to be false, failing to file a record or report as required by law or knowingly or willfully obstructing or inducing another to obstruct such filing.

      (d) Failure to make the medical records of a patient available for inspection and copying as provided in NRS 629.061, if the licensee is the custodian of health care records with respect to those records.

      (e) Failure to comply with the requirements of NRS 630.3068.

      (f) Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter or the regulations of the Board within 30 days after the date the licensee knows or has reason to know of the violation.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2202 (CHAPTER 355, AB 310)ê

 

      (g) Failure to comply with the requirements of NRS 453.163, 453.164, 453.226, 639.23507 and 639.2391 to 639.23916, inclusive, and section 7 of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto.

      (h) Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV.

      2.  As used in this section, “custodian of health care records” has the meaning ascribed to it in NRS 629.016.

      Sec. 2. NRS 631.3475 is hereby amended to read as follows:

      631.3475  The following acts, among others, constitute unprofessional conduct:

      1.  Malpractice;

      2.  Professional incompetence;

      3.  Suspension or revocation of a license to practice dentistry, the imposition of a fine or other disciplinary action by any agency of another state authorized to regulate the practice of dentistry in that state;

      4.  More than one act by the dentist or dental hygienist constituting substandard care in the practice of dentistry or dental hygiene;

      5.  Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, if it is not required to treat the dentist’s patient;

      6.  Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

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

      (b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

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

      7.  Chronic or persistent inebriety or addiction to a controlled substance, to such an extent as to render the person unsafe or unreliable as a practitioner, or such gross immorality as tends to bring reproach upon the dental profession;

      8.  Conviction of a felony or misdemeanor involving moral turpitude or which relates to the practice of dentistry in this State, or conviction of any criminal violation of this chapter;

      9.  Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

      10.  Failure to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507 and 639.2391 to 639.23916, inclusive, and section 7 of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto.

      11.  Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV;

      12.  Failure to comply with the provisions of NRS 454.217 or 629.086;

      13.  Failure to obtain any training required by the Board pursuant to NRS 631.344; or

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2203 (CHAPTER 355, AB 310)ê

 

      14.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

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

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

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

      Sec. 3. NRS 632.347 is hereby amended to read as follows:

      632.347  1.  The Board may deny, revoke or suspend any license or certificate applied for or issued pursuant to this chapter, or take other disciplinary action against a licensee or holder of a certificate, upon determining that the licensee or certificate holder:

      (a) Is guilty of fraud or deceit in procuring or attempting to procure a license or certificate pursuant to this chapter.

      (b) Is guilty of any offense:

             (1) Involving moral turpitude; or

             (2) Related to the qualifications, functions or duties of a licensee or holder of a certificate,

Ê in which case the record of conviction is conclusive evidence thereof.

      (c) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      (d) Is unfit or incompetent by reason of gross negligence or recklessness in carrying out usual nursing functions.

      (e) Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his or her ability to conduct the practice authorized by the license or certificate.

      (f) Is a person with mental incompetence.

      (g) Is guilty of unprofessional conduct, which includes, but is not limited to, the following:

             (1) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.

             (2) Impersonating any applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license or certificate.

             (3) Impersonating another licensed practitioner or holder of a certificate.

             (4) Permitting or allowing another person to use his or her license or certificate to practice as a licensed practical nurse, registered nurse, nursing assistant or medication aide - certified.

             (5) Repeated malpractice, which may be evidenced by claims of malpractice settled against the licensee or certificate holder.

             (6) Physical, verbal or psychological abuse of a patient.

             (7) Conviction for the use or unlawful possession of a controlled substance or dangerous drug as defined in chapter 454 of NRS.

      (h) Has willfully or repeatedly violated the provisions of this chapter. The voluntary surrender of a license or certificate issued pursuant to this chapter is prima facie evidence that the licensee or certificate holder has committed or expects to commit a violation of this chapter.

      (i) Is guilty of aiding or abetting any person in a violation of this chapter.

      (j) Has falsified an entry on a patient’s medical chart concerning a controlled substance.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2204 (CHAPTER 355, AB 310)ê

 

      (k) Has falsified information which was given to a physician, pharmacist, podiatric physician or dentist to obtain a controlled substance.

      (l) Has knowingly procured or administered 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.

      (m) Has been disciplined in another state in connection with a license to practice nursing or a certificate to practice as a nursing assistant or medication aide - certified, or has committed an act in another state which would constitute a violation of this chapter.

      (n) Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.

      (o) Has willfully failed to comply with a regulation, subpoena or order of the Board.

      (p) Has operated a medical facility 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.

      (q) Is an advanced practice registered nurse who has failed to obtain any training required by the Board pursuant to NRS 632.2375.

      (r) Is an advanced practice registered nurse who has failed to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507, 639.2391 to 639.23916, inclusive, and section 7 of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto.

      (s) Has engaged in the fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV.

      (t) Has violated the provisions of NRS 454.217 or 629.086.

      2.  For the purposes of this section, a plea or verdict of guilty or guilty but mentally ill or a plea of nolo contendere constitutes a conviction of an offense. The Board may take disciplinary action pending the appeal of a conviction.

      3.  A licensee or certificate holder is not subject to disciplinary action solely for administering auto-injectable epinephrine pursuant to a valid order issued pursuant to NRS 630.374 or 633.707.

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

      Sec. 4. NRS 633.511 is hereby amended to read as follows:

      633.511  1.  The grounds for initiating disciplinary action pursuant to this chapter are:

      (a) Unprofessional conduct.

      (b) Conviction of:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2205 (CHAPTER 355, AB 310)ê

 

             (1) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

             (2) A felony relating to the practice of osteopathic medicine or practice as a physician assistant;

             (3) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

             (4) Murder, voluntary manslaughter or mayhem;

             (5) Any felony involving the use of a firearm or other deadly weapon;

             (6) Assault with intent to kill or to commit sexual assault or mayhem;

             (7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

             (8) Abuse or neglect of a child or contributory delinquency; or

             (9) Any offense involving moral turpitude.

      (c) The suspension of a license to practice osteopathic medicine or to practice as a physician assistant by any other jurisdiction.

      (d) Malpractice or gross malpractice, which may be evidenced by a claim of malpractice settled against a licensee.

      (e) Professional incompetence.

      (f) Failure to comply with the requirements of NRS 633.527.

      (g) Failure to comply with the requirements of subsection 3 of NRS 633.471.

      (h) Failure to comply with the provisions of NRS 633.694.

      (i) Operation of a medical facility, as defined in NRS 449.0151, 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.

      (j) Failure to comply with the provisions of subsection 2 of NRS 633.322.

      (k) Signing a blank prescription form.

      (l) 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.

      (m) Attempting, directly or indirectly, by intimidation, coercion or deception, to obtain or retain a patient or to discourage the use of a second opinion.

      (n) Terminating the medical care of a patient without adequate notice or without making other arrangements for the continued care of the patient.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2206 (CHAPTER 355, AB 310)ê

 

      (o) In addition to the provisions of subsection 3 of NRS 633.524, making or filing a report which the licensee knows to be false, failing to file a record or report that is required by law or knowingly or willfully obstructing or inducing another to obstruct the making or filing of such a record or report.

      (p) Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter or the regulations of the Board within 30 days after the date the licensee knows or has reason to know of the violation.

      (q) 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.

      (r) Engaging in any act that is unsafe in accordance with regulations adopted by the Board.

      (s) Failure to comply with the provisions of NRS 629.515.

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

      (u) Failure to obtain any training required by the Board pursuant to NRS 633.473.

      (v) Failure to comply with the provisions of NRS 633.6955.

      (w) Failure to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507, 639.2391 to 639.23916, inclusive, and section 7 of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto.

      (x) Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV.

      (y) 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. 5. NRS 635.130 is hereby amended to read as follows:

      635.130  1.  The Board, after notice and a hearing as required by law, and upon any cause enumerated in subsection 2, may take one or more of the following disciplinary actions:

      (a) Deny an application for a license or refuse to renew a license.

      (b) Suspend or revoke a license.

      (c) Place a licensee on probation.

      (d) Impose a fine not to exceed $5,000.

      2.  The Board may take disciplinary action against a licensee for any of the following causes:

      (a) The making of a false statement in any affidavit required of the applicant for application, examination or licensure pursuant to the provisions of this chapter.

      (b) Lending the use of the holder’s name to an unlicensed person.

      (c) If the holder is a podiatric physician, permitting an unlicensed person in his or her employ to practice as a podiatry hygienist.

      (d) Habitual indulgence in the use of alcohol or any controlled substance which impairs the intellect and judgment to such an extent as in the opinion of the Board incapacitates the holder in the performance of his or her professional duties.

      (e) Conviction of a crime involving moral turpitude.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2207 (CHAPTER 355, AB 310)ê

 

      (f) Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      (g) Conduct which in the opinion of the Board disqualifies the licensee to practice with safety to the public.

      (h) The commission of fraud by or on behalf of the licensee regarding his or her license or practice.

      (i) Gross incompetency.

      (j) Affliction of the licensee with any mental or physical disorder which seriously impairs his or her competence as a podiatric physician or podiatry hygienist.

      (k) False representation by or on behalf of the licensee regarding his or her practice.

      (l) Unethical or unprofessional conduct.

      (m) Failure to comply with the requirements of subsection 1 of NRS 635.118.

      (n) Willful or repeated violations of this chapter or regulations adopted by the Board.

      (o) Willful violation of the regulations adopted by the State Board of Pharmacy.

      (p) Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

             (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; or

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

      (q) Operation of a medical facility, as defined in NRS 449.0151, 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.

      (r) Failure to obtain any training required by the Board pursuant to NRS 635.116.

      (s) Failure to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507 and 639.2391 to 639.23916, inclusive, and section 7 of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto.

      (t) Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV.

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

      Sec. 6. NRS 636.295 is hereby amended to read as follows:

      636.295  The following acts, conduct, omissions, or mental or physical conditions, or any of them, committed, engaged in, omitted, or being suffered by a licensee, constitute sufficient cause for disciplinary action:

      1.  Affliction of the licensee with any communicable disease likely to be communicated to other persons.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2208 (CHAPTER 355, AB 310)ê

 

      2.  Commission by the licensee of a felony relating to the practice of optometry or a gross misdemeanor involving moral turpitude of which the licensee has been convicted and from which he or she has been sentenced by a final judgment of a federal or state court in this or any other state, the judgment not having been reversed or vacated by a competent appellate court and the offense not having been pardoned by executive authority.

      3.  Conviction of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      4.  Commission of fraud by or on behalf of the licensee in obtaining a license or a renewal thereof, or in practicing optometry thereunder.

      5.  Habitual drunkenness or addiction to any controlled substance.

      6.  Gross incompetency.

      7.  Affliction with any mental or physical disorder or disturbance seriously impairing his or her competency as an optometrist.

      8.  Making false or misleading representations, by or on behalf of the licensee, with respect to optometric materials or services.

      9.  Practice by the licensee, or attempting or offering so to do, while in an intoxicated condition.

      10.  Perpetration of unethical or unprofessional conduct in the practice of optometry.

      11.  Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

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

      (b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

      (c) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS.

      12.  Any violation of the provisions of this chapter or any regulations adopted pursuant thereto.

      13.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

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

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

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

      14.  Failure to obtain any training required by the Board pursuant to NRS 636.2881.

      15.  Failure to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507, 639.2391 to 639.23916, inclusive, and section 7 of this act and any regulations adopted by the State Board of Pharmacy pursuant thereto.

      16.  Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV.

      Sec. 7. Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this subsection and except as otherwise provided by regulations adopted by the Board, a prescription for a controlled substance must be given to a pharmacy by electronic transmission in accordance with the regulations adopted by the Board.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2209 (CHAPTER 355, AB 310)ê

 

a controlled substance must be given to a pharmacy by electronic transmission in accordance with the regulations adopted by the Board. The requirements of this subsection do not apply to a prescription:

      (a) Issued by a veterinarian;

      (b) Issued under circumstances prescribed by regulation of the Board where:

             (1) Electronic transmission is unavailable due to technologic or electronic failure; or

             (2) The drug will be dispensed at a pharmacy located outside of this State;

      (c) Issued by a practitioner who will also dispense the drug;

      (d) That includes, without limitation, information that is not supported by the program for electronically transmitting prescriptions prescribed by the National Council for Prescription Drug Programs or its successor organization or, if that entity ceases to exist, a program designated by the Board;

      (e) For which electronic prescribing is prohibited by federal law;

      (f) That is not issued for a specific patient;

      (g) Issued pursuant to a protocol for research;

      (h) Issued by a practitioner who has received a waiver from the Board pursuant to subsection 2; or

      (i) Issued under circumstances in which the practitioner determines that:

             (1) The patient is unable to obtain the drug in a timely manner if the prescription is given by electronic transmission; and

             (2) Delay will adversely affect the patient’s medical condition.

      2.  The Board may exempt a practitioner from the requirements of subsection 1 for not more than 1 year if the Board determines that the practitioner is unable to give a prescription to a pharmacy by electronic transmission because of economic hardship, technological limitations that are not within the control of the practitioner or other exceptional circumstances.

      3.  A prescription for a controlled substance given to a pharmacy by a means other than electronic transmission under the conditions prescribed in subsection 1 or 2 must be given:

      (a) Directly from the practitioner to a pharmacist;

      (b) Indirectly by means of an order or written prescription signed by the practitioner;

      (c) By an order transmitted orally by an agent of the practitioner; or

      (d) By transmission using a facsimile machine.

      4.  This section must not be construed to require a pharmacist to:

      (a) Verify that a prescription that is given by means other than electronic transmission meets the requirements of subsection 1; or

      (b) Require a practitioner to indicate in a prescription for a controlled substance given to a pharmacy by means other than electronic transmission under the conditions prescribed in subsection 1 or 2 the circumstances authorizing the alternative means of delivery.

      5.  If the Board determines that a person has violated any provision of this section or any regulations adopted pursuant thereto, the Board may:

      (a) Issue and serve on the person an order to cease and desist the conduct, which must include, without limitation, the telephone number to contact the Board.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2210 (CHAPTER 355, AB 310)ê

 

      (b) Issue a citation to the person. A citation issued pursuant to this subsection must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this subsection. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

      (c) Assess against the person an administrative fine of not more than $5,000.

      (d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).

      6.  Violation of any provision of this section or any regulations adopted pursuant thereto is subject only to the administrative penalties described in subsection 5 and any professional discipline imposed by the Board.

      Sec. 8. NRS 639.2353 is hereby amended to read as follows:

      639.2353  Except as otherwise provided in section 7 of this act, a regulation adopted pursuant thereto or a regulation adopted pursuant to NRS 453.385 or 639.2357:

      1.  A prescription must be given:

      (a) Directly from the practitioner to a pharmacist;

      (b) Indirectly by means of an order or written prescription signed by the practitioner;

      (c) By an oral order transmitted by an agent of the practitioner; or

      (d) [Except as otherwise provided in subsection 5, by] By electronic transmission or transmission by a facsimile machine, including, without limitation, transmissions made from a facsimile machine to another facsimile machine, a computer equipped with a facsimile modem to a facsimile machine or a computer to another computer, pursuant to the regulations of the Board.

      2.  A written prescription must contain:

      (a) Except as otherwise provided in this section, the name and signature of the practitioner, the registration number issued to the practitioner by the Drug Enforcement Administration and the address of the practitioner if that address is not immediately available to the pharmacist;

      (b) The classification of his or her license;

      (c) The name and date of birth of the patient, and the address of the patient if not immediately available to the pharmacist;

      (d) The name, strength and quantity of the drug prescribed and the number of days that the drug is to be used, beginning on the day on which the prescription is filled;

      (e) The symptom or purpose for which the drug is prescribed, if included by the practitioner pursuant to NRS 639.2352;

      (f) Directions for use, including, without limitation, the dose of the drug prescribed, the route of administration and the number of refills authorized, if applicable;

      (g) The code established in the International Classification of Diseases, Tenth Revision, Clinical Modification, adopted by the National Center for Health Statistics and the Centers for Medicare and Medicaid Services, or the code used in any successor classification system adopted by the National Center for Health Statistics and the Centers for Medicare and Medicaid Services, that corresponds to the diagnosis for which the controlled substance was prescribed; and

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2211 (CHAPTER 355, AB 310)ê

 

      (h) The date of issue.

      3.  The directions for use must be specific in that they indicate the portion of the body to which the medication is to be applied or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.

      4.  Each written prescription must be written in such a manner that any registered pharmacist would be able to dispense it. A prescription must be written in Latin or English and may include any character, figure, cipher or abbreviation which is generally used by pharmacists and practitioners in the writing of prescriptions.

      [5.  A prescription for a controlled substance must not be given by electronic transmission or transmission by a facsimile machine unless authorized by federal law and NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto.

      6.]5.  A prescription that is given by electronic transmission is not required to contain the signature of the practitioner if:

      (a) It contains a facsimile signature, security code or other mark that uniquely identifies the practitioner;

      (b) A voice recognition system, biometric identification technique or other security system approved by the Board is used to identify the practitioner; or

      (c) It complies with the provisions of NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto.

      Sec. 9. NRS 639.2583 is hereby amended to read as follows:

      639.2583  1.  Except as otherwise provided in this section, if a practitioner has prescribed a:

      (a) Drug by brand name and the practitioner has not indicated, by a method set forth in subsection 5, that a substitution is prohibited, the pharmacist who fills or refills the prescription shall dispense, in substitution, another drug which is available to him or her if the other drug:

             (1) Is less expensive than the drug prescribed by brand name;

             (2) Is biologically equivalent to the drug prescribed by brand name;

             (3) Has the same active ingredient or ingredients of the same strength, quantity and form of dosage as the drug prescribed by brand name; and

             (4) Is of the same generic type as the drug prescribed by brand name.

      (b) Biological product and the practitioner has not indicated, by a method set forth in subsection 5, that a substitution is prohibited, the pharmacist who fills or refills the prescription shall dispense, in substitution, another biological product which is available to him or her if the other biological product:

             (1) Is an interchangeable biological product for the biological product prescribed; and

             (2) Is less expensive than the biological product prescribed by brand name.

      2.  If the pharmacist has available to him or her more than one drug or interchangeable biological product that may be substituted for the drug prescribed by brand name or biological product prescribed, the pharmacist shall dispense, in substitution, the least expensive of the drugs or interchangeable biological products that are available to him or her for substitution.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2212 (CHAPTER 355, AB 310)ê

 

      3.  Before a pharmacist dispenses a drug or biological product in substitution for a drug prescribed by brand name or biological product prescribed, the pharmacist shall:

      (a) Advise the person who presents the prescription that the pharmacist intends to dispense a drug or biological product in substitution; and

      (b) Advise the person that he or she may refuse to accept the drug or biological product that the pharmacist intends to dispense in substitution, unless the pharmacist is being paid for the drug by a governmental agency.

      4.  If a person refuses to accept the drug or biological product that the pharmacist intends to dispense in substitution, the pharmacist shall dispense the drug prescribed by brand name or biological product prescribed, unless the pharmacist is being paid for the drug or biological product by a governmental agency, in which case the pharmacist shall dispense the drug or biological product in substitution.

      5.  A pharmacist shall not dispense a drug or biological product in substitution for a drug prescribed by brand name or biological product prescribed if the practitioner has indicated that a substitution is prohibited using one or more of the following methods:

      (a) By oral communication to the pharmacist at any time before the drug or biological product is dispensed.

      (b) By handwriting the words “Dispense as Written” on the form used for the prescription, including, without limitation, any form used for transmitting the prescription from a facsimile machine to another facsimile machine. The pharmacist shall disregard the words “Dispense as Written” if they have been placed on the form used for the prescription by preprinting or other mechanical process or by any method other than handwriting.

      (c) By including the words “Dispense as Written” in any prescription that is given to the pharmacist by electronic transmission pursuant to section 7 of this act and the regulations of the Board or in accordance with NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto, including, without limitation, an electronic transmission from a computer equipped with a facsimile modem to a facsimile machine or from a computer to another computer pursuant to the regulations of the Board.

      6.  The provisions of this section also apply to a prescription issued to a person by a practitioner from outside this State if the practitioner has not indicated, by a method set forth in subsection 5, that a substitution is prohibited.

      7.  The provisions of this section do not apply to:

      (a) A prescription drug or biological product that is dispensed to any inpatient of a hospital by an inpatient pharmacy which is associated with that hospital;

      (b) A prescription drug that is dispensed to any person by mail order or other common carrier by an Internet pharmacy which is certified by the Board pursuant to NRS 639.23288 and authorized to provide service by mail order or other common carrier pursuant to the provisions of this chapter; or

      (c) A prescription drug or biological product that is dispensed to any person by a pharmacist if the substitution:

             (1) Would violate the terms of a health care plan that maintains a mandatory, exclusive or closed formulary for its coverage for prescription drugs and biological products; or

             (2) Would otherwise make the transaction ineligible for reimbursement by a third party.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2213 (CHAPTER 355, AB 310)ê

 

      Sec. 9.5. NRS 639.310 is hereby amended to read as follows:

      639.310  Except as otherwise provided in NRS 639.23916 [,] and section 7 of this act, unless a greater penalty is specified, any person who violates any of the provisions of this chapter is guilty of a misdemeanor.

      Sec. 10. NRS 453.256 is hereby amended to read as follows:

      453.256  1.  [Except as otherwise provided in subsection 2, a substance included in schedule II must not be dispensed without the written prescription of a practitioner.

      2.  A controlled substance included in schedule II may be dispensed without the written prescription of a practitioner only:

      (a) In an emergency, as defined by regulation of the Board, upon oral prescription of a practitioner, reduced to writing promptly and in any case within 72 hours, signed by the practitioner and filed by the pharmacy.

      (b) Pursuant to an electronic prescription of a practitioner which complies with any regulations adopted by the Board concerning the use of electronic prescriptions.

      (c)Upon the use of a facsimile machine to transmit the prescription for a substance included in schedule II by a practitioner or a practitioner’s agent to a pharmacy for:

             (1) Direct administration to a patient by parenteral solution; or

             (2) A resident of a facility for intermediate care or a facility for skilled nursing which is licensed as such by the Division of Public and Behavioral Health of the Department.

Ê A prescription transmitted by a facsimile machine pursuant to this paragraph must be printed on paper which is capable of being retained for at least 2 years. For the purposes of this section, an electronic prescription or a prescription transmitted by facsimile machine constitutes a written prescription. The pharmacy shall keep prescriptions in conformity with the requirements of NRS 453.246.] A prescription for a controlled substance must be given to a pharmacy in compliance with section 7 of this act. A prescription for a substance included in schedule II must not be refilled.

      [3.  Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a substance included in schedule III or IV which is a dangerous drug as determined under NRS 454.201, must not be dispensed without a written or oral prescription of a practitioner. The] A prescription for a substance included in schedule III or IV which is a dangerous drug as determined under NRS 454.201 must not be filled or refilled more than 6 months after the date thereof or be refilled more than five times, unless renewed by the practitioner.

      [4.]2.  A substance included in schedule V may be distributed or dispensed only for a medical purpose, including medical treatment or authorized research.

      [5.]3.  A practitioner may dispense or deliver a controlled substance to or for a person or animal only for medical treatment or authorized research in the ordinary course of his or her profession.

      [6.]4.  No civil or criminal liability or administrative sanction may be imposed on a pharmacist for action taken in good faith in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.

      [7.]5.  An individual practitioner may not dispense a substance included in schedule II, III or IV for the practitioner’s own personal use except in a medical emergency.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2214 (CHAPTER 355, AB 310)ê

 

      [8.]6.  A person who violates this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      [9.]7.  As used in this section [:

      (a) “Facsimile machine” means a device which sends or receives a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.

      (b) “Medical] , “medical treatment” includes dispensing or administering a narcotic drug for pain, whether or not intractable.

      [(c) “Parenteral solution” has the meaning ascribed to it in NRS 639.0105.]

      Sec. 11. NRS 453.385 is hereby amended to read as follows:

      453.385  1.  Each prescription for a controlled substance must comply with the regulations of the Board adopted pursuant to subsection 2.

      2.  The Board shall, by regulation, adopt requirements for:

      (a) The form and content of a prescription for a controlled substance. The requirements may vary depending upon the schedule of the controlled substance.

      (b) Transmitting a prescription for a controlled substance to a pharmacy. The requirements may vary depending upon the schedule of the controlled substance.

      (c) The form and contents of an order for a controlled substance given for a patient in a medical facility and the requirements for keeping records of such orders.

      3.  Except as otherwise provided in this subsection, the regulations adopted pursuant to subsection 2 must:

      (a) Ensure compliance with, but may be more stringent than required by, applicable federal law governing controlled substances and the rules, regulations and orders of any federal agency administering such law. The regulations adopted pursuant to paragraph (b) of subsection 2 for the electronic transmission or transmission by a facsimile machine of a prescription for a controlled substance must not be more stringent than federal law governing the electronic transmission or transmission by a facsimile machine of a prescription for a controlled substance or the rules, regulations or orders of any federal agency administering such law; and

      (b) Be consistent with the provisions of NRS 439.581 to 439.595, inclusive, and section 7 of this act and the regulations adopted pursuant thereto.

      Sec. 12. (Deleted by amendment.)

      Sec. 13.  This act becomes effective:

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

      2.  On January 1, 2021, for all other purposes.

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2215ê

 

CHAPTER 356, AB 353

Assembly Bill No. 353–Assemblywoman Swank

 

CHAPTER 356

 

[Approved: June 3, 2019]

 

AN ACT relating to recycling; revising certain provisions governing recyclable material; requiring certain governmental entities to recycle certain additional products and waste; providing certain exemptions from such a requirement; revising the required contents of a report made to the Legislature on the status of recycling programs; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the State Environmental Commission to adopt regulations establishing minimum standards for: (1) separating at the source recyclable material from other solid waste originating from residential premises and public buildings where services for the collection of solid waste are provided, including the placement of recycling containers where those services are provided. (NRS 444A.020) Section 1.8 of this bill clarifies that the term “recyclable material” in this requirement includes electronic waste, paper and paper products.

      Existing law requires courts, the Legislative Counsel Bureau, state agencies, school districts and the Nevada System of Higher Education to recycle paper and paper products unless the cost of recycling is unreasonable and would place an undue burden on the entity. (NRS 1.115, 218F.310, 232.007, 386.4159, 396.437) Sections 2-6 of this bill require these entities to also recycle electronic waste and other recyclable materials, except for construction and demolition waste. Sections 2-6 further require these entities to permanently remove any data from electronic waste before recycling the electronic waste. Sections 2-6 also use standardized definitions of electronic waste, paper, paper products and recyclable material that conform to the definitions in the regulations relating to recycling adopted by the State Environmental Commission.

      Existing law also authorizes the Legislative Counsel Bureau and state agencies to apply for a waiver from compliance with the requirements for recycling. (NRS 218F.310, 232.007) Sections 3 and 4 of this bill eliminate the waiver process and exempt these entities from complying with the requirements relating to recycling if these entities determine that the cost of compliance is unreasonable and would place an undue burden on the entity.

      Additionally, existing law requires the Legislative Commission, state agencies, school districts and the Nevada System of Higher Education to prescribe procedures for the recycling of certain waste. (NRS 218F.310, 232.007, 386.4159, 396.437) Sections 3-6 remove the requirement for these entities to prescribe such procedures and instead, require these entities to consult with the State Department of Conservation and Natural Resources for the disposition of such waste.

      Existing law also requires any money received by the Legislative Counsel Bureau for recycling or causing to be recycled certain paper products and waste to be paid by the Director to the State Treasurer for credit to the State General Fund. (NRS 218F.310) Section 3 requires money received by the Legislative Counsel Bureau for recycling or causing to be recycled certain paper products, electronic waste and other recyclable materials to be: (1) accounted for separately; and (2) used to carry out the provisions of section 3.

      Existing law requires the Director of the State Department of Conservation and Natural Resources to deliver a biennial report to the Director of the Legislative Counsel Bureau on the status of current and proposed programs for recycling and reuse of materials. (NRS 444A.070) Section 1.9 of this bill requires such a report to include the amount of recycled material reported by state agencies.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2216 (CHAPTER 356, AB 353)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 1.1.  Chapter 444A of NRS is hereby amended by adding thereto the provisions set forth as sections 1.2, 1.3 and 1.4 of this act.

      Sec. 1.2.  “Electronic waste” means electronic equipment that has been discarded, is no longer wanted by the owner or for any other reason enters the waste collection, recovery, treatment, processing or recycling system.

      Sec. 1.3.  “Paper” includes newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, without limitation, a laminate, binder, coating and saturant.

      Sec. 1.4.  “Paper product” means any paper article or commodity, including, without limitation, paper napkins, towels, cardboard, construction material, paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, without limitation, a laminate, binder, coating and saturant.

      Sec. 1.5. NRS 444A.010 is hereby amended to read as follows:

      444A.010  As used in NRS 444A.010 to 444A.080, inclusive, and sections 1.2, 1.3 and 1.4 of this act, unless the context otherwise requires, the words and terms defined in NRS 444A.0103 to 444A.017, inclusive, and sections 1.2, 1.3 and 1.4 of this act have the meanings ascribed to them in those sections.

      Sec. 1.8.  NRS 444A.013 is hereby amended to read as follows:

      444A.013  “Recyclable material” means solid waste that can be processed and returned to the economic mainstream in the form of raw materials or products, as determined by the State Environmental Commission. The term includes, without limitation:

      1.  Electronic waste;

      2.  Paper; and

      3.  Paper products.

      Sec. 1.9. NRS 444A.070 is hereby amended to read as follows:

      444A.070  The Director of the Department shall deliver to the Director of the Legislative Counsel Bureau a biennial report on or before January 31 of each odd-numbered year for submission to the Legislature on the status of current and proposed programs for recycling and reuse of materials , the amount of recycled material that is reported by state agencies pursuant to subsection 5 of NRS 232.007 and on any other matter relating to recycling and reuse which he or she deems appropriate.

      Sec. 2. NRS 1.115 is hereby amended to read as follows:

      1.115  1.  Except as otherwise provided in this section, each court of justice for this State shall recycle or cause to be recycled, to the extent reasonably possible, the paper and paper products , electronic waste and other recyclable materials it [uses.] produces. This subsection does not apply to [confidential] :

      (a) Construction and demolition waste; or

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2217 (CHAPTER 356, AB 353)ê

 

      (b) Confidential documents if there is an additional cost for recycling those documents.

      2.  Before recycling electronic waste, each court of justice shall permanently remove any data stored on the electronic waste.

      3.  As used in this section:

      (a) “Electronic waste” has the meaning ascribed to it in section 1.2 of this act.

      (b) “Paper” [includes newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.

      (b)]has the meaning ascribed to it in section 1.3 of this act.

      (c) “Paper product” [means any paper article or commodity, including, but not limited to, paper napkins, towels, cardboard, construction material, paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.] has the meaning ascribed to it in section 1.4 of this act.

      (d) “Recyclable material” has the meaning ascribed to it in NRS 444A.013.

      Sec. 3. NRS 218F.310 is hereby amended to read as follows:

      218F.310  1.  Except as otherwise provided in this section, the Legislative Counsel Bureau shall recycle or cause to be recycled the paper and paper products , electronic waste and other recyclable materials it [uses.] produces. This subsection does not apply to [confidential] :

      (a) Construction and demolition waste; or

      (b) Confidential documents if there is an additional cost for recycling those documents.

      2.  [The Director may apply to the Legislative Commission for a waiver from the requirements of subsection 1.] Before recycling electronic waste, the Legislative Counsel Bureau shall permanently remove any data stored on the electronic waste.

      3.  The Legislative [Commission shall grant a waiver if it] Counsel Bureau is not required to comply with the requirements of subsection 1 if the Director determines that the cost to recycle or cause to be recycled the paper and paper products [used] , electronic waste and other recyclable materials produced by the Legislative Counsel Bureau is unreasonable and would place an undue burden on the operations of the Legislative Counsel Bureau.

      [3.  The]

      4.  Except as otherwise provided in this subsection, the Legislative Commission shall [, after consulting] consult with the State Department of Conservation and Natural Resources [, adopt regulations which prescribe the procedure] for the disposition of the paper and paper products , electronic waste and other recyclable materials to be recycled [. The Legislative Commission may prescribe a procedure for the recycling of other waste materials produced] , including, without limitation, the placement of recycling containers on the premises of the Legislative Building. This subsection does not apply to construction and demolition waste.

      [4.] 5.  Any money received by the Legislative Counsel Bureau for recycling or causing to be recycled the paper and paper products , electronic waste and other recyclable materials it [uses] produces must be [paid by the Director to the State Treasurer for credit to the State General Fund.]

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2218 (CHAPTER 356, AB 353)ê

 

waste and other recyclable materials it [uses] produces must be [paid by the Director to the State Treasurer for credit to the State General Fund.] :

      (a) Accounted for separately; and

      (b) Used to carry out the provisions of this section.

      [5.] 6.  As used in this section:

      (a) “Electronic waste” has the meaning ascribed to it in section 1.2 of this act.

      (b) “Paper” [includes newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.

      (b)] has the meaning ascribed to it in section 1.3 of this act.

      (c) “Paper product” [means any paper article or commodity, including, but not limited to, paper napkins, towels, cardboard, construction material, paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.] has the meaning ascribed to it in section 1.4 of this act.

      (d) “Recyclable material” has the meaning ascribed to it in NRS 444A.013.

      Sec. 4. NRS 232.007 is hereby amended to read as follows:

      232.007  1.  Except as otherwise provided in this section, each state agency shall recycle or cause to be recycled the paper and paper products , electronic waste and other recyclable materials it [uses.] produces. This subsection does not apply to [confidential] :

      (a) Construction and demolition waste; or

      (b) Confidential documents if there is an additional cost for recycling those documents.

      2.  Before recycling electronic waste, each state agency shall permanently remove any data stored on the electronic waste.

      3.  A state agency [may apply to the Chief of the Budget Division of the Office of Finance for a waiver from the requirements of subsection 1. The Chief shall grant a waiver to the state agency if the Chief] is not required to comply with the requirements of subsection 1 if the administrator of the agency determines that the cost to recycle or cause to be recycled the paper and paper products [used] , electronic waste and other recyclable materials produced by the agency is unreasonable and would place an undue burden on the operations of the agency.

      [3.  The State Environmental Commission shall, through the State Department of Conservation and Natural Resources, adopt regulations which prescribe the procedure for the disposition of the paper and paper products to be recycled. In adopting such regulations, the Commission:

      (a) Shall consult with any other state agencies which are coordinating or have coordinated programs for recycling paper and paper products.

      (b) May prescribe a procedure for the recycling of other waste materials produced by state agencies.]

      4.  Except as otherwise provided in this subsection, a state agency shall consult with the State Department of Conservation and Natural Resources for the disposition of the paper and paper products, electronic waste and other recyclable materials to be recycled, including, without limitation, the placement of recycling containers on the premises of the state agency.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2219 (CHAPTER 356, AB 353)ê

 

limitation, the placement of recycling containers on the premises of the state agency. This subsection does not apply to construction and demolition waste.

      [4.] 5.  Any money received by a state agency for recycling or causing to be recycled the paper and paper products , electronic waste and other recyclable materials it [uses] produces must be [paid by the chief administrative officer of that agency to the State Treasurer for credit to the State General Fund.] :

      (a) Accounted for separately; and

      (b) Used to carry out the provisions of this section.

      6.  On or before July 1 of each year, each state agency shall submit to the Director a report on the amount of material recycled by the state agency pursuant to this section.

      [5.] 7.  As used in this section:

      (a) “Electronic waste” has the meaning ascribed to it in section 1.2 of this act.

      (b) “Paper” [includes newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.] has the meaning ascribed to it in section 1.3 of this act.

      [(b)](c) “Paper product” [means any paper article or commodity, including, but not limited to, paper napkins, towels, cardboard, construction material, paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.

      (c)] has the meaning ascribed to it in section 1.4 of this act.

      (d) “Recyclable material” has the meaning ascribed to it in NRS 444A.013.

      (e) “State agency” means every public agency, bureau, board, commission, department, division, officer or employee of the Executive Department of State Government.

      Sec. 5. NRS 386.4159 is hereby amended to read as follows:

      386.4159  1.  Except as otherwise provided in this section, each school district shall recycle or cause to be recycled the paper and paper products , electronic waste and other recyclable materials that it [uses.] produces. This subsection does not apply to [confidential] :

      (a) Construction and demolition waste; or

      (b) Confidential documents if there is an additional cost for recycling those documents.

      2.  Before recycling electronic waste, a school district shall permanently remove any data stored on the electronic waste.

      3.  A school district is not required to comply with the requirements of subsection 1 if the board of trustees of the school district determines that the cost to recycle or cause to be recycled the paper and paper products [used] , electronic waste and other recyclable materials produced by the schools in the district is unreasonable and would place an undue burden on the operations of the district or a particular school.

      [3.  The]

      4.  Except as otherwise provided in this subsection, the board of trustees shall [adopt rules which prescribe the procedure] consult with the State Department of Conservation and Natural Resources for the disposition of the paper and paper products , electronic waste and other recyclable materials to be recycled [.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2220 (CHAPTER 356, AB 353)ê

 

State Department of Conservation and Natural Resources for the disposition of the paper and paper products , electronic waste and other recyclable materials to be recycled [. The board of trustees may prescribe a procedure for the recycling of other waste material produced] , including, without limitation, the placement of recycling containers on the premises of the schools in the school district and the administrative offices of the school district. This subsection does not apply to construction and demolition waste.

      [4.] 5.  Any money received by the school district for recycling or causing to be recycled the paper and paper products , electronic waste and other recyclable materials it [uses] produces must be paid by the board of trustees for credit to the general fund of the school district.

      [5.] 6.  As used in this section:

      (a) “Electronic waste” has the meaning ascribed to it in section 1.2 of this act.

      (b) “Paper” [includes newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.

      (b)] has the meaning ascribed to it in section 1.3 of this act.

      (c) “Paper product” [means any paper article or commodity, including, but not limited to, paper napkins, towels, cardboard, construction material, paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.] has the meaning ascribed to it in section 1.4 of this act.

      (d) “Recyclable material” has the meaning ascribed to it in NRS 444A.013.

      Sec. 6. NRS 396.437 is hereby amended to read as follows:

      396.437  1.  Except as otherwise provided in this section, the System shall recycle or cause to be recycled the paper , [and] paper products , electronic waste and other recyclable materials it [uses.] produces. This subsection does not apply to [confidential] :

      (a) Construction and demolition waste; or

      (b) Confidential documents if there is an additional cost for recycling those documents.

      2.  Before recycling electronic waste, the System shall permanently remove any data stored on the electronic waste.

      3.  The System is not required to comply with the requirements of subsection 1 if the Board of Regents determines that the cost to recycle or cause to be recycled the paper , [and] paper products [used] , electronic waste and other recyclable materials produced by the System or one of its branches or facilities is unreasonable and would place an undue burden on the operations of the System, branch or facility.

      [3.  The]

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2221 (CHAPTER 356, AB 353)ê

 

      4.  Except as otherwise provided in this subsection, the Board of Regents shall [adopt regulations which prescribe the procedure] consult with the State Department of Conservation and Natural Resources for the disposition of the paper and paper products , electronic waste and other recyclable materials to be recycled , [. The Board of Regents shall prescribe procedures for the recycling of other waste material produced on the premises of the System, a branch or a facility,] including, without limitation, the placement of recycling containers on the premises of the System . [, a branch or a facility where services for the collection of solid waste are provided.] This subsection does not apply to construction and demolition waste.

      [4.] 5.  Any money received by the System for recycling or causing to be recycled the paper and paper products , electronic waste and other recyclable materials it [uses and other waste material it] produces must be [accounted] :

      (a) Accounted for separately ; and [used]

      (b) Used to carry out the provisions of this section.

      [5.] 6.  As used in this section:

      (a) “Electronic waste” has the meaning ascribed to it in section 1.2 of this act.

      (b) “Paper” [includes newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.

      (b)] has the meaning ascribed to it in section 1.3 of this act.

      (c) “Paper product” [means any paper article or commodity, including, but not limited to, paper napkins, towels, cardboard, construction material, paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.

      (c) “Solid waste” has the meaning ascribed to it in NRS 444.490.] has the meaning ascribed to it in section 1.4 of this act.

      (d) “Recyclable material” has the meaning ascribed to it in NRS 444A.013.

      Sec. 7.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

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

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2222ê

 

CHAPTER 357, AB 365

Assembly Bill No. 365–Assemblywoman Cohen

 

CHAPTER 357

 

[Approved: June 3, 2019]

 

AN ACT relating to short-term lessors of vehicles; revising the maximum allowable charge for a waiver of damages offered by a short-term lessor of vehicles; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a short-term lessor of vehicles may offer to a lessee, but must not require, the purchase of a waiver of damages or optional insurance. (NRS 482.31565) Such a lessor may not charge more than $22 per full or partial rental day for such a waiver, except that the maximum amount is adjusted each fiscal year in an amount calculated based on a certain Consumer Price Index for the preceding year.

      Section 1 of this bill maintains the existing cap of $22, as adjusted, for a vehicle that has a manufacturer’s suggested retail price of not more than $60,000, and adds a new cap of $150 for a vehicle that has a manufacturer’s suggested retail price of more than $60,000. Section 1 also provides for both the amount of the charge and the threshold amount of the manufacturer’s suggested retail price to be adjusted each fiscal year starting on July 1, 2021, in an amount calculated based on the same Consumer Price Index for the preceding year.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 482.31565 is hereby amended to read as follows:

      482.31565  1.  A short-term lessor shall not require the purchase of a waiver of damages, optional insurance or any other optional good or service as a condition for the lease of a passenger car.

      2.  Except as otherwise provided in this subsection, a short-term lessor may sell a waiver of damages but shall [not] charge [more than] :

      (a) Except as otherwise provided in paragraph (b), not more than $22 per full or partial rental day or 24-hour rental period, as appropriate, for the waiver. The [monetary] amount of the charge set forth in this [subsection] paragraph must be adjusted for each fiscal year that begins on or after July 1, 2008, by adding to that amount the product of that amount multiplied by the percentage increase in the Consumer Price Index West Urban for All Urban Consumers (All Items) between the calendar year ending on December 31, 2005, and the calendar year immediately preceding the fiscal year for which the adjustment is made. The Department shall, on or before March 1 of each year, publish the adjusted amount for the next fiscal year on its website or otherwise make that information available to short-term lessors.

      (b) If the vehicle has a manufacturer’s suggested retail price of more than $60,000, not more than $150 per full or partial rental day or 24-hour rental period, as appropriate, for the waiver. The monetary amounts set forth in this paragraph must be adjusted for each fiscal year that begins on or after July 1, 2021, by adding to each amount the product of that amount multiplied by the percentage increase in the Consumer Price Index West Urban for All Urban Consumers (All Items) between the calendar year ending on December 31, 2017, and the calendar year immediately preceding the fiscal year for which the adjustment is made.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2223 (CHAPTER 357, AB 365)ê

 

multiplied by the percentage increase in the Consumer Price Index West Urban for All Urban Consumers (All Items) between the calendar year ending on December 31, 2017, and the calendar year immediately preceding the fiscal year for which the adjustment is made. The Department shall, on or before March 1 of each year, publish the adjusted amounts for the next fiscal year on its Internet website or otherwise make that information available to short-term lessors.

      3.  A short-term lessor who disseminates an advertisement in the State of Nevada that contains a rate for the lease of a passenger car shall include in the advertisement a clearly readable statement of the charge for a waiver of damages and a statement that the waiver is optional.

      4.  A short-term lessor shall not engage in any unfair, deceptive or coercive conduct to induce a short-term lessee to purchase a waiver of damages, optional insurance or any other optional good or service, including, but not limited to, refusing to honor the lessee’s reservation, limiting the availability of cars, requiring a deposit or debiting or blocking the lessee’s credit card account for a sum equivalent to a deposit if the lessee declines to purchase a waiver, optional insurance or any other optional good or service.

      Sec. 2.  This act becomes effective on July 1, 2019.

________

CHAPTER 358, AB 376

Assembly Bill No. 376–Assemblymen Torres, Assefa, Neal, Flores, Fumo; Carrillo, Daly, Duran, Martinez, Nguyen and Watts

 

CHAPTER 358

 

[Approved: June 3, 2019]

 

AN ACT relating to persons in custody; providing that before a prisoner who is in the custody of a county or city jail or detention facility is questioned about his or her immigration status, the prisoner must be informed about the purpose of such questions; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1.5 of this bill provides that before questioning a prisoner who is in the custody of a county or city jail or detention facility regarding his or her immigration status, the person seeking to question the prisoner shall inform the prisoner of the purpose of the questions regarding the immigration status of the prisoner.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 1.5. Chapter 211 of NRS is hereby amended by adding thereto a new section to read as follows:

      Before questioning a prisoner who is in the custody of a county or city jail or detention facility regarding his or her immigration status, the person seeking to question the prisoner shall inform the prisoner of the purpose of the questions regarding the immigration status of the prisoner.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2224 (CHAPTER 358, AB 376)ê

 

      Secs. 2 and 3. (Deleted by amendment.)

      Sec. 4.  This act becomes effective on January 1, 2020.

________

CHAPTER 359, AB 400

Assembly Bill No. 400–Assemblywoman Benitez-Thompson

 

CHAPTER 359

 

[Approved: June 3, 2019]

 

AN ACT relating to tax abatements; prohibiting the Office of Economic Development from approving certain abatements of the taxes imposed for the support of local schools under certain circumstances; prohibiting the Office from approving certain partial abatements of taxes if the applicant has previously received the partial abatement of taxes; revising the period for which certain partial abatements of taxes may be approved; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Office of Economic Development to approve an abatement or a partial abatement of certain sales and use taxes in certain circumstances. (NRS 274.310, 274.320, 274.330, 360.750, 360.753, 360.754, 360.889, 360.945) Sections 5-8, 15 and 16 of this bill provide that such an abatement does not apply to sales and use taxes that are imposed by the Sales and Use Tax Act and the Local School Support Tax Law. Sections 11 and 12 of this bill provide that such an abatement for certain expanding businesses does not apply to taxes imposed by the Local School Support Tax Law, while preserving the eligibility of certain new businesses for such an abatement. Sections 11 and 12 also prohibit the Office from awarding certain partial abatements of taxes imposed on a new or expanding business if the applicant previously received such a partial abatement for locating or expanding the business in this State, and prohibit the awarding of such an abatement to a business if the applicant has changed the name or identity of the business to evade the prohibitions on such previously awarded abatements. Section 12.5 of this bill provides that, for certain new or expanding businesses involving aircraft, the taxes imposed by the Local School Support Tax Law may be partially abated only if the Board of Economic Development approves such a partial abatement by at least a two-thirds vote, and section 13 of this bill applies that same condition for a partial abatement awarded to a new or expanding data center. Section 12.5 shortens the maximum duration of a partial abatement approved for certain new or expanding businesses involving aircraft, from 20 years to 10 years.

      Finally, section 18.5 of this bill provides that the amendatory provisions of this bill do not apply to any abatement granted or any application for an abatement filed 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:

 

      Sections 1-4. (Deleted by amendment.)

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2225 (CHAPTER 359, AB 400)ê

 

      Sec. 5. NRS 274.310 is hereby amended to read as follows:

      274.310  1.  A person who intends to locate a business in this State within:

      (a) A historically underutilized business zone, as defined in 15 U.S.C. § 632;

      (b) A redevelopment area created pursuant to chapter 279 of NRS;

      (c) An area eligible for a community development block grant pursuant to 24 C.F.R. Part 570; or

      (d) An enterprise community established pursuant to 24 C.F.R. Part 597,

Ê may submit a request to the governing body of the county, city or town in which the business would operate for an endorsement of an application by the person to the Office of Economic Development for a partial abatement of one or more of the taxes imposed pursuant to chapter 361 [or 374] of NRS [.] or the local sales and use taxes. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business would operate. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application. As used in this subsection, “local sales and use taxes” means the taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the political subdivision in which the business is located, except the taxes imposed by the Sales and Use Tax Act and the Local School Support Tax Law.

      2.  The governing body of a county, city or town shall develop procedures for:

      (a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.

      (b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.

      3.  A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the Office of Economic Development. The Office shall approve the application if the Office makes the following determinations:

      (a) The business is consistent with:

             (1) The State Plan for Economic Development developed by the Administrator pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Administrator to implement the State Plan for Economic Development.

      (b) The applicant has executed an agreement with the Office which states:

             (1) The date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application; and

             (2) That the business will, after the date on which the abatement becomes effective:

                   (I) Commence operation and continue in operation in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 for a period specified by the Office, which must be at least 5 years; and

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2226 (CHAPTER 359, AB 400)ê

 

enterprise community established pursuant to 24 C.F.R. Part 597 for a period specified by the Office, which must be at least 5 years; and

                   (II) Continue to meet the eligibility requirements set forth in this subsection.

Ê The agreement must bind successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business will operate.

      (d) The applicant invested or commits to invest a minimum of $500,000 in capital assets that will be retained at the location of the business in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 until at least the date which is 5 years after the date on which the abatement becomes effective.

      4.  If the Office of Economic Development approves an application for a partial abatement, the Office shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department of Taxation;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of the county in which the business will be located.

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section:

      (a) The partial abatement must be for a duration of not less than 1 year but not more than 5 years.

      (b) If the abatement is from the property tax imposed pursuant to chapter 361 of NRS, the partial abatement must not exceed 75 percent of the taxes on personal property payable by a business each year pursuant to that chapter.

      6.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the eligibility requirements for the partial abatement; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 3,

Ê the business shall repay to the Department of Taxation or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      7.  The Office of Economic Development may adopt such regulations as the Office determines to be necessary or advisable to carry out the provisions of this section.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2227 (CHAPTER 359, AB 400)ê

 

      8.  An applicant for an abatement who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      Sec. 6. NRS 274.310 is hereby amended to read as follows:

      274.310  1.  A person who intends to locate a business in this State within:

      (a) A historically underutilized business zone, as defined in 15 U.S.C. § 632;

      (b) A redevelopment area created pursuant to chapter 279 of NRS;

      (c) An area eligible for a community development block grant pursuant to 24 C.F.R. Part 570; or

      (d) An enterprise community established pursuant to 24 C.F.R. Part 597,

Ê may submit a request to the governing body of the county, city or town in which the business would operate for an endorsement of an application by the person to the Office of Economic Development for a partial abatement of one or more of the taxes imposed pursuant to chapter 361 [or 374] of NRS [.] or the local sales and use taxes. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business would operate. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application. As used in this subsection, “local sales and use taxes” means the taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the political subdivision in which the business is located, except the taxes imposed by the Sales and Use Tax Act and the Local School Support Tax Law.

      2.  The governing body of a county, city or town shall develop procedures for:

      (a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.

      (b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.

      3.  A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the Office of Economic Development. The Office shall approve the application if the Office makes the following determinations:

      (a) The business is consistent with:

             (1) The State Plan for Economic Development developed by the Administrator pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Administrator to implement the State Plan for Economic Development.

      (b) The applicant has executed an agreement with the Office which states:

             (1) The date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application; and

             (2) That the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 4:

                   (I) Commence operation and continue in operation in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 for a period specified by the Office, which must be at least 5 years; and

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2228 (CHAPTER 359, AB 400)ê

 

redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 for a period specified by the Office, which must be at least 5 years; and

                   (II) Continue to meet the eligibility requirements set forth in this subsection.

Ê The agreement must bind successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business will operate.

      (d) The applicant invested or commits to invest a minimum of $500,000 in capital.

      4.  If the Office of Economic Development approves an application for a partial abatement, the Office shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department of Taxation;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of the county in which the business will be located.

      5.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the eligibility requirements for the partial abatement; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 3,

Ê the business shall repay to the Department of Taxation or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      6.  The Office of Economic Development may adopt such regulations as the Office determines to be necessary or advisable to carry out the provisions of this section.

      7.  An applicant for an abatement who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      Sec. 6.3. NRS 274.320 is hereby amended to read as follows:

      274.320  1.  A person who intends to expand a business in this State within:

      (a) A historically underutilized business zone, as defined in 15 U.S.C. § 632;

      (b) A redevelopment area created pursuant to chapter 279 of NRS;

      (c) An area eligible for a community development block grant pursuant to 24 C.F.R. Part 570; or

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2229 (CHAPTER 359, AB 400)ê

 

      (d) An enterprise community established pursuant to 24 C.F.R. Part 597,

Ê may submit a request to the governing body of the county, city or town in which the business operates for an endorsement of an application by the person to the Office of Economic Development for a partial abatement of the local sales and use taxes imposed on capital equipment . [pursuant to chapter 374 of NRS.] The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business operates. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application. As used in this subsection, “local sales and use taxes” means the taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the political subdivision in which the business is located, except the taxes imposed by the Sales and Use Tax Act and the Local School Support Tax Law.

      2.  The governing body of a county, city or town shall develop procedures for:

      (a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.

      (b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.

      3.  A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the Office of Economic Development. The Office shall approve the application if the Office makes the following determinations:

      (a) The business is consistent with:

             (1) The State Plan for Economic Development developed by the Administrator pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Administrator to implement the State Plan for Economic Development.

      (b) The applicant has executed an agreement with the Office which states:

             (1) The date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application; and

             (2) That the business will, after the date on which the abatement becomes effective:

                   (I) Continue in operation in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 for a period specified by the Office, which must be at least 5 years; and

                   (II) Continue to meet the eligibility requirements set forth in this subsection.

Ê The agreement must bind successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2230 (CHAPTER 359, AB 400)ê

 

      (d) The applicant invested or commits to invest a minimum of $250,000 in capital equipment that will be retained at the location of the business in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 until at least the date which is 5 years after the date on which the abatement becomes effective.

      4.  If the Office of Economic Development approves an application for a partial abatement, the Office shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department of Taxation; and

      (b) The Nevada Tax Commission.

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section:

      (a) The partial abatement must be for a duration of not less than 1 year but not more than 5 years.

      (b) If the abatement is from the property tax imposed pursuant to chapter 361 of NRS, the partial abatement must not exceed 75 percent of the taxes on personal property payable by a business each year pursuant to that chapter.

      6.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the eligibility requirements for the partial abatement; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 3,

Ê the business shall repay to the Department of Taxation the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      7.  The Office of Economic Development may adopt such regulations as the Office determines to be necessary or advisable to carry out the provisions of this section.

      8.  An applicant for an abatement who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      Sec. 6.5. NRS 274.320 is hereby amended to read as follows:

      274.320  1.  A person who intends to expand a business in this State within:

      (a) A historically underutilized business zone, as defined in 15 U.S.C. § 632;

      (b) A redevelopment area created pursuant to chapter 279 of NRS;

      (c) An area eligible for a community development block grant pursuant to 24 C.F.R. Part 570; or

      (d) An enterprise community established pursuant to 24 C.F.R. Part 597,

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2231 (CHAPTER 359, AB 400)ê

 

Ê may submit a request to the governing body of the county, city or town in which the business operates for an endorsement of an application by the person to the Office of Economic Development for a partial abatement of the local sales and use taxes imposed on capital equipment . [pursuant to chapter 374 of NRS.] The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business operates. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application. As used in this subsection, “local sales and use taxes” means the taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the political subdivision in which the business is located, except the taxes imposed by the Sales and Use Tax Act and the Local School Support Tax Law.

      2.  The governing body of a county, city or town shall develop procedures for:

      (a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.

      (b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.

      3.  A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the Office of Economic Development. The Office shall approve the application if the Office makes the following determinations:

      (a) The business is consistent with:

             (1) The State Plan for Economic Development developed by the Administrator pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Administrator to implement the State Plan for Economic Development.

      (b) The applicant has executed an agreement with the Office which states:

             (1) The date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application; and

             (2) That the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 4:

                   (I) Continue in operation in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 for a period specified by the Office, which must be at least 5 years; and

                   (II) Continue to meet the eligibility requirements set forth in this subsection.

Ê The agreement must bind successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2232 (CHAPTER 359, AB 400)ê

 

      (d) The applicant invested or commits to invest a minimum of $250,000 in capital equipment.

      4.  If the Office of Economic Development approves an application for a partial abatement, the Office shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department of Taxation; and

      (b) The Nevada Tax Commission.

      5.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the eligibility requirements for the partial abatement; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 3,

Ê the business shall repay to the Department of Taxation the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      6.  The Office of Economic Development may adopt such regulations as the Office determines to be necessary or advisable to carry out the provisions of this section.

      7.  An applicant for an abatement who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      Sec. 7. NRS 274.330 is hereby amended to read as follows:

      274.330  1.  A person who owns a business which is located within an enterprise community established pursuant to 24 C.F.R. Part 597 in this State may submit a request to the governing body of the county, city or town in which the business is located for an endorsement of an application by the person to the Office of Economic Development for a partial abatement of one or more of the taxes imposed pursuant to chapter 361 [or 374] of NRS [.] or the local sales and use taxes. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business operates. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application. As used in this subsection, “local sales and use taxes” means the taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the political subdivision in which the business is located, except the taxes imposed by the Sales and Use Tax Act and the Local School Support Tax Law.

      2.  The governing body of a county, city or town shall develop procedures for:

      (a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2233 (CHAPTER 359, AB 400)ê

 

      (b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.

      3.  A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the Office of Economic Development. The Office shall approve the application if the Office makes the following determinations:

      (a) The business is consistent with:

             (1) The State Plan for Economic Development developed by the Administrator pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Administrator to implement the State Plan for Economic Development.

      (b) The applicant has executed an agreement with the Office which states:

             (1) The date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application; and

             (2) That the business will, after the date on which the abatement becomes effective:

                   (I) Continue in operation in the enterprise community for a period specified by the Office, which must be at least 5 years; and

                   (II) Continue to meet the eligibility requirements set forth in this subsection.

Ê The agreement must bind successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

      (d) The business:

             (1) Employs one or more dislocated workers who reside in the enterprise community; and

             (2) Pays such employees a wage of not less than 100 percent of the federally designated level signifying poverty for a family of four persons and provides medical benefits to the employees and their dependents which meet the minimum requirements for medical benefits established by the Office.

      4.  If the Office of Economic Development approves an application for a partial abatement, the Office shall:

      (a) Determine the percentage of employees of the business which meet the requirements of paragraph (d) of subsection 3 and grant a partial abatement equal to that percentage; and

      (b) Immediately forward a certificate of eligibility for the abatement to:

             (1) The Department of Taxation;

             (2) The Nevada Tax Commission; and

             (3) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of the county in which the business is located.

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section:

      (a) The partial abatement must be for a duration of not less than 1 year but not more than 5 years.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2234 (CHAPTER 359, AB 400)ê

 

      (b) If the abatement is from the property tax imposed pursuant to chapter 361 of NRS, the partial abatement must not exceed 75 percent of the taxes on personal property payable by a business each year pursuant to that chapter.

      6.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the eligibility requirements for the partial abatement; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 3,

Ê the business shall repay to the Department of Taxation or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      7.  The Office of Economic Development:

      (a) Shall adopt regulations relating to the minimum level of benefits that a business must provide to its employees to qualify for an abatement pursuant to this section.

      (b) May adopt such other regulations as the Office determines to be necessary or advisable to carry out the provisions of this section.

      8.  An applicant for an abatement who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      9.  As used in this section, “dislocated worker” means a person who:

      (a) Has been terminated, laid off or received notice of termination or layoff from employment;

      (b) Is eligible for or receiving or has exhausted his or her entitlement to unemployment compensation;

      (c) Has been dependent on the income of another family member but is no longer supported by that income;

      (d) Has been self-employed but is no longer receiving an income from self-employment because of general economic conditions in the community or natural disaster; or

      (e) Is currently unemployed and unable to return to a previous industry or occupation.

      Sec. 8. NRS 274.330 is hereby amended to read as follows:

      274.330  1.  A person who owns a business which is located within an enterprise community established pursuant to 24 C.F.R. Part 597 in this State may submit a request to the governing body of the county, city or town in which the business is located for an endorsement of an application by the person to the Office of Economic Development for a partial abatement of one or more of the taxes imposed pursuant to chapter 361 [or 374] of NRS [.] or the local sales and use taxes. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business operates. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2235 (CHAPTER 359, AB 400)ê

 

whether to endorse the application. As used in this subsection, “local sales and use taxes” means the taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the political subdivision in which the business is located, except the taxes imposed by the Sales and Use Tax Act and the Local School Support Tax Law.

      2.  The governing body of a county, city or town shall develop procedures for:

      (a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.

      (b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.

      3.  A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the Office of Economic Development. The Office shall approve the application if the Office makes the following determinations:

      (a) The business is consistent with:

             (1) The State Plan for Economic Development developed by the Administrator pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Administrator to implement the State Plan for Economic Development.

      (b) The applicant has executed an agreement with the Office which states:

             (1) The date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application; and

             (2) That the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 4:

                   (I) Continue in operation in the enterprise community for a period specified by the Office, which must be at least 5 years; and

                   (II) Continue to meet the eligibility requirements set forth in this subsection.

Ê The agreement must bind successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

      (d) The business:

             (1) Employs one or more dislocated workers who reside in the enterprise community; and

             (2) Pays such employees a wage of not less than 100 percent of the federally designated level signifying poverty for a family of four persons and provides medical benefits to the employees and their dependents which meet the minimum requirements for medical benefits established by the Office.

      4.  If the Office of Economic Development approves an application for a partial abatement, the Office shall:

      (a) Determine the percentage of employees of the business which meet the requirements of paragraph (d) of subsection 3 and grant a partial abatement equal to that percentage; and

      (b) Immediately forward a certificate of eligibility for the abatement to:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2236 (CHAPTER 359, AB 400)ê

 

             (1) The Department of Taxation;

             (2) The Nevada Tax Commission; and

             (3) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of the county in which the business is located.

      5.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the eligibility requirements for the partial abatement; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 3,

Ê the business shall repay to the Department of Taxation or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      6.  The Office of Economic Development:

      (a) Shall adopt regulations relating to the minimum level of benefits that a business must provide to its employees to qualify for an abatement pursuant to this section.

      (b) May adopt such other regulations as the Office determines to be necessary or advisable to carry out the provisions of this section.

      7.  An applicant for an abatement who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      8.  As used in this section, “dislocated worker” means a person who:

      (a) Has been terminated, laid off or received notice of termination or layoff from employment;

      (b) Is eligible for or receiving or has exhausted his or her entitlement to unemployment compensation;

      (c) Has been dependent on the income of another family member but is no longer supported by that income;

      (d) Has been self-employed but is no longer receiving an income from self-employment because of general economic conditions in the community or natural disaster; or

      (e) Is currently unemployed and unable to return to a previous industry or occupation.

      Secs. 9 and 10. (Deleted by amendment.)

      Sec. 11. NRS 360.750 is hereby amended to read as follows:

      360.750  1.  A person who intends to locate or expand a business in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of one or more of the taxes imposed on the [new or expanded] :

      (a) New business pursuant to chapter 361, 363B or 374 of NRS.

      (b) Expanded business pursuant to chapter 361 or 363B of NRS or the local sales and use taxes. As used in this paragraph, “local sales and use taxes” means the taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the political subdivision in which the business is to be located or expanded, except the taxes imposed by the Sales and Use Tax Act and the Local School Support Tax Law.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2237 (CHAPTER 359, AB 400)ê

 

taxes” means the taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the political subdivision in which the business is to be located or expanded, except the taxes imposed by the Sales and Use Tax Act and the Local School Support Tax Law.

      2.  The Office of Economic Development shall approve an application for a partial abatement pursuant to this section if the Office makes the following determinations:

      (a) The business offers primary jobs and is consistent with:

             (1) The State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Executive Director of the Office to implement the State Plan for Economic Development.

      (b) The applicant has executed an agreement with the Office which must:

             (1) Comply with the requirements of NRS 360.755;

             (2) State the date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application;

             (3) State that the business will, after the date on which the abatement becomes effective, continue in operation in this State for a period specified by the Office, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection;

             (4) State that the business will offer primary jobs; and

             (5) Bind the successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

      (d) Except as otherwise provided in subsection 4 or 5, the average hourly wage that will be paid by the business to its new employees in this State is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.

      (e) The business will, by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective, offer a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees, and the health care benefits the business offers to its employees in this State will meet the minimum requirements for health care benefits established by the Office.

      (f) Except as otherwise provided in this subsection and NRS 361.0687, if the business is a new business in a county whose population is 100,000 or more or a city whose population is 60,000 or more, the business meets at least one of the following requirements:

             (1) The business will have 50 or more full-time employees on the payroll of the business by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective who will be employed at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

             (2) Establishing the business will require the business to make, not later than the date which is 2 years after the date on which the abatement becomes effective, a capital investment of at least $1,000,000 in this State in capital assets that will be retained at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2238 (CHAPTER 359, AB 400)ê

 

becomes effective, a capital investment of at least $1,000,000 in this State in capital assets that will be retained at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

      (g) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is less than 100,000, in an area of a county whose population is 100,000 or more that is located within the geographic boundaries of an area that is designated as rural by the United States Department of Agriculture and at least 20 miles outside of the geographic boundaries of an area designated as urban by the United States Department of Agriculture, or in a city whose population is less than 60,000, the business meets at least one of the following requirements:

             (1) The business will have 10 or more full-time employees on the payroll of the business by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective who will be employed at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

             (2) Establishing the business will require the business to make, not later than the date which is 2 years after the date on which the abatement becomes effective, a capital investment of at least $250,000 in this State in capital assets that will be retained at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

      (h) If the business is an existing business, the business meets at least one of the following requirements:

             (1) For a business in:

                   (I) Except as otherwise provided in sub-subparagraph (II), a county whose population is 100,000 or more or a city whose population is 60,000 or more, the business will, by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective, increase the number of employees on its payroll in that county or city by 10 percent more than it employed in the fiscal year immediately preceding the fiscal year in which the abatement becomes effective or by twenty-five employees, whichever is greater, who will be employed at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective; or

                   (II) A county whose population is less than 100,000, an area of a county whose population is 100,000 or more that is located within the geographic boundaries of an area that is designated as rural by the United States Department of Agriculture and at least 20 miles outside of the geographic boundaries of an area designated as urban by the United States Department of Agriculture, or a city whose population is less than 60,000, the business will, by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective, increase the number of employees on its payroll in that county or city by 10 percent more than it employed in the fiscal year immediately preceding the fiscal year in which the abatement becomes effective or by six employees, whichever is greater, who will be employed at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

             (2) The business will expand by making a capital investment in this State, not later than the date which is 2 years after the date on which the abatement becomes effective, in an amount equal to at least 20 percent of the value of the tangible property possessed by the business in the fiscal year immediately preceding the fiscal year in which the abatement becomes effective, and the capital investment will be in capital assets that will be retained at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2239 (CHAPTER 359, AB 400)ê

 

abatement becomes effective, in an amount equal to at least 20 percent of the value of the tangible property possessed by the business in the fiscal year immediately preceding the fiscal year in which the abatement becomes effective, and the capital investment will be in capital assets that will be retained at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective. The determination of the value of the tangible property possessed by the business in the immediately preceding fiscal year must be made by the:

                   (I) County assessor of the county in which the business will expand, if the business is locally assessed; or

                   (II) Department, if the business is centrally assessed.

      (i) The applicant has provided in the application an estimate of the total number of new employees which the business anticipates hiring in this State by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective if the Office approves the application.

      3.  Notwithstanding the provisions of subsection 2, the Office of Economic Development:

      (a) Shall not consider an application for a partial abatement pursuant to this section unless the Office has requested a letter of acknowledgment of the request for the abatement from any affected county, school district, city or town.

      (b) Shall consider the level of health care benefits provided by the business to its employees, the projected economic impact of the business and the projected tax revenue of the business after deducting projected revenue from the abated taxes.

      (c) May, if the Office determines that such action is necessary:

             (1) Approve an application for a partial abatement pursuant to this section by a business that does not meet the requirements set forth in paragraph (f), (g) or (h) of subsection 2;

             (2) Make any of the requirements set forth in paragraphs (d) to (h), inclusive, of subsection 2 more stringent; or

             (3) Add additional requirements that a business must meet to qualify for a partial abatement pursuant to this section.

      4.  Notwithstanding any other provision of law, the Office of Economic Development shall not approve an application for a partial abatement pursuant to this section if:

      (a) The applicant intends to locate or expand in a county in which the rate of unemployment is 7 percent or more and the average hourly wage that will be paid by the applicant to its new employees in this State is less than 70 percent of the average statewide hourly wage, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.

      (b) The applicant intends to locate or expand in a county in which the rate of unemployment is less than 7 percent and the average hourly wage that will be paid by the applicant to its new employees in this State is less than 85 percent of the average statewide hourly wage, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.

      (c) The applicant intends to locate in a county but has already received a partial abatement pursuant to this section for locating that business in that county.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2240 (CHAPTER 359, AB 400)ê

 

      (d) The applicant intends to expand in a county but has already received a partial abatement pursuant to this section for expanding that business in that county.

      (e) The applicant has changed the name or identity of the business to evade the provisions of paragraphs (c) or (d).

      5.  Notwithstanding any other provision of law, if the Office of Economic Development approves an application for a partial abatement pursuant to this section, in determining the types of taxes imposed on a new or expanded business for which the partial abatement will be approved and the amount of the partial abatement:

      (a) If the new or expanded business is located in a county in which the rate of unemployment is 7 percent or more and the average hourly wage that will be paid by the business to its new employees in this State is less than 85 percent of the average statewide hourly wage, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year, the Office shall not:

             (1) Approve an abatement of the taxes imposed pursuant to chapter 361 of NRS which exceeds 25 percent of the taxes on personal property payable by the business each year.

             (2) Approve an abatement of the taxes imposed pursuant to chapter 363B of NRS which exceeds 25 percent of the amount of tax otherwise due pursuant to NRS 363B.110.

      (b) If the new or expanded business is located in a county in which the rate of unemployment is less than 7 percent and the average hourly wage that will be paid by the business to its new employees in this State is less than 100 percent of the average statewide hourly wage, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year, the Office shall not:

             (1) Approve an abatement of the taxes imposed pursuant to chapter 361 of NRS which exceeds 25 percent of the taxes on personal property payable by the business each year.

             (2) Approve an abatement of the taxes imposed pursuant to chapter 363B of NRS which exceeds 25 percent of the amount of tax otherwise due pursuant to NRS 363B.110.

             [(3) Approve an abatement of the taxes imposed pursuant to chapter 374 of NRS which exceeds the local sales and use taxes. As used in this subparagraph, “local sales and use taxes” means the taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the political subdivision in which the new or expanded business is located, except the taxes imposed by the Sales and Use Tax Act and the Local School Support Tax Law.]

      6.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer.

      7.  An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Office of Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2241 (CHAPTER 359, AB 400)ê

 

the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

      8.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the requirements set forth in subsection 2; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 2,

Ê the business shall repay to the Department or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      9.  A county treasurer:

      (a) Shall deposit any money that he or she receives pursuant to subsection 8 in one or more of the funds established by a local government of the county pursuant to NRS 354.6113 or 354.6115; and

      (b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115.

      10.  The Office of Economic Development may adopt such regulations as the Office of Economic Development determines to be necessary to carry out the provisions of this section and NRS 360.755.

      11.  The Nevada Tax Commission:

      (a) Shall adopt regulations regarding:

             (1) The capital investment that a new business must make to meet the requirement set forth in paragraph (f) or (g) of subsection 2; and

             (2) Any security that a business is required to post to qualify for a partial abatement pursuant to this section.

      (b) May adopt such other regulations as the Nevada Tax Commission determines to be necessary to carry out the provisions of this section and NRS 360.755.

      12.  An applicant for a partial abatement pursuant to this section who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      13.  For the purposes of this section, an employee is a “full-time employee” if he or she is in a permanent position of employment and works an average of 30 hours per week during the applicable period set forth in subsection 2.

      Sec. 12. NRS 360.750 is hereby amended to read as follows:

      360.750  1.  A person who intends to locate or expand a business in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of one or more of the taxes imposed on the [new or expanded] :

      (a) New business pursuant to chapter 361, 363B or 374 of NRS.

      (b) Expanded business pursuant to chapter 361 or 363B of NRS or the local sales and use taxes. As used in this paragraph, “local sales and use taxes” means the taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the political subdivision in which the business is to be located or expanded, except the taxes imposed by the Sales and Use Tax Act and the Local School Support Tax Law.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2242 (CHAPTER 359, AB 400)ê

 

taxes” means the taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the political subdivision in which the business is to be located or expanded, except the taxes imposed by the Sales and Use Tax Act and the Local School Support Tax Law.

      2.  The Office of Economic Development shall approve an application for a partial abatement pursuant to this section if the Office makes the following determinations:

      (a) The business offers primary jobs and is consistent with:

             (1) The State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Executive Director of the Office to implement the State Plan for Economic Development.

      (b) The applicant has executed an agreement with the Office which must:

             (1) Comply with the requirements of NRS 360.755;

             (2) State the date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application;

             (3) State that the business will, after the date on which the abatement becomes effective, continue in operation in this State for a period specified by the Office, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection;

             (4) State that the business will offer primary jobs; and

             (5) Bind the successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

      (d) Except as otherwise provided in subsection 4 or 5, the average hourly wage that will be paid by the business to its new employees in this State is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.

      (e) The business will, by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective, offer a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees, and the health care benefits the business offers to its employees in this State will meet the minimum requirements for health care benefits established by the Office.

      (f) Except as otherwise provided in this subsection and NRS 361.0687, if the business is a new business in a county whose population is 100,000 or more or a city whose population is 60,000 or more, the business meets at least one of the following requirements:

             (1) The business will have 75 or more full-time employees on the payroll of the business by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective who will be employed at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

             (2) Establishing the business will require the business to make a capital investment of at least $1,000,000 in this State.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2243 (CHAPTER 359, AB 400)ê

 

      (g) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is less than 100,000, in an area of a county whose population is 100,000 or more that is located within the geographic boundaries of an area that is designated as rural by the United States Department of Agriculture and at least 20 miles outside of the geographic boundaries of an area designated as urban by the United States Department of Agriculture, or in a city whose population is less than 60,000, the business meets at least one of the following requirements:

             (1) The business will have 15 or more full-time employees on the payroll of the business by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective who will be employed at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

             (2) Establishing the business will require the business to make a capital investment of at least $250,000 in this State.

      (h) If the business is an existing business, the business meets at least one of the following requirements:

             (1) The business will increase the number of employees on its payroll by 10 percent more than it employed in the immediately preceding fiscal year or by six employees, whichever is greater.

             (2) The business will expand by making a capital investment in this State in an amount equal to at least 20 percent of the value of the tangible property possessed by the business in the immediately preceding fiscal year. The determination of the value of the tangible property possessed by the business in the immediately preceding fiscal year must be made by the:

                   (I) County assessor of the county in which the business will expand, if the business is locally assessed; or

                   (II) Department, if the business is centrally assessed.

      (i) The applicant has provided in the application an estimate of the total number of new employees which the business anticipates hiring in this State by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective if the Office approves the application.

      3.  Notwithstanding the provisions of subsection 2, the Office of Economic Development:

      (a) Shall not consider an application for a partial abatement pursuant to this section unless the Office has requested a letter of acknowledgment of the request for the abatement from any affected county, school district, city or town.

      (b) Shall consider the level of health care benefits provided by the business to its employees, the projected economic impact of the business and the projected tax revenue of the business after deducting projected revenue from the abated taxes.

      (c) May, if the Office determines that such action is necessary:

             (1) Approve an application for a partial abatement pursuant to this section by a business that does not meet the requirements set forth in paragraph (f), (g) or (h) of subsection 2;

             (2) Make any of the requirements set forth in paragraphs (d) to (h), inclusive, of subsection 2 more stringent; or

             (3) Add additional requirements that a business must meet to qualify for a partial abatement pursuant to this section.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2244 (CHAPTER 359, AB 400)ê

 

      4.  Notwithstanding any other provision of law, the Office of Economic Development shall not approve an application for a partial abatement pursuant to this section if:

      (a) The applicant intends to locate or expand in a county in which the rate of unemployment is 7 percent or more and the average hourly wage that will be paid by the applicant to its new employees in this State is less than 70 percent of the average statewide hourly wage, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.

      (b) The applicant intends to locate or expand in a county in which the rate of unemployment is less than 7 percent and the average hourly wage that will be paid by the applicant to its new employees in this State is less than 85 percent of the average statewide hourly wage, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.

      (c) The applicant intends to locate in a county but has already received a partial abatement pursuant to this section for locating that business in that county.

      (d) The applicant intends to expand in a county but has already received a partial abatement pursuant to this section for expanding that business in that county.

      (e) The applicant has changed the name or identity of the business to evade the provisions of paragraph (c) or (d).

      5.  Notwithstanding any other provision of law, if the Office of Economic Development approves an application for a partial abatement pursuant to this section, in determining the types of taxes imposed on a new or expanded business for which the partial abatement will be approved and the amount of the partial abatement:

      (a) If the new or expanded business is located in a county in which the rate of unemployment is 7 percent or more and the average hourly wage that will be paid by the business to its new employees in this State is less than 85 percent of the average statewide hourly wage, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year, the Office shall not:

             (1) Approve an abatement of the taxes imposed pursuant to chapter 361 of NRS which exceeds 25 percent of the taxes on personal property payable by the business each year.

             (2) Approve an abatement of the taxes imposed pursuant to chapter 363B of NRS which exceeds 25 percent of the amount of tax otherwise due pursuant to NRS 363B.110.

      (b) If the new or expanded business is located in a county in which the rate of unemployment is less than 7 percent and the average hourly wage that will be paid by the business to its new employees in this State is less than 100 percent of the average statewide hourly wage, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year, the Office shall not:

             (1) Approve an abatement of the taxes imposed pursuant to chapter 361 of NRS which exceeds 25 percent of the taxes on personal property payable by the business each year.

             (2) Approve an abatement of the taxes imposed pursuant to chapter 363B of NRS which exceeds 25 percent of the amount of tax otherwise due pursuant to NRS 363B.110.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2245 (CHAPTER 359, AB 400)ê

 

             [(3) Approve an abatement of the taxes imposed pursuant to chapter 374 of NRS which exceeds the local sales and use taxes. As used in this subparagraph, “local sales and use taxes” means the taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the political subdivision in which the new or expanded business is located, except the taxes imposed by the Sales and Use Tax Act and the Local School Support Tax Law.]

      6.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer.

      7.  An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Office of Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

      8.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the requirements set forth in subsection 2; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 2,

Ê the business shall repay to the Department or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      9.  A county treasurer:

      (a) Shall deposit any money that he or she receives pursuant to subsection 8 in one or more of the funds established by a local government of the county pursuant to NRS 354.6113 or 354.6115; and

      (b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115.

      10.  The Office of Economic Development may adopt such regulations as the Office of Economic Development determines to be necessary to carry out the provisions of this section and NRS 360.755.

      11.  The Nevada Tax Commission:

      (a) Shall adopt regulations regarding:

             (1) The capital investment that a new business must make to meet the requirement set forth in paragraph (f) or (g) of subsection 2; and

             (2) Any security that a business is required to post to qualify for a partial abatement pursuant to this section.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2246 (CHAPTER 359, AB 400)ê

 

      (b) May adopt such other regulations as the Nevada Tax Commission determines to be necessary to carry out the provisions of this section and NRS 360.755.

      12.  An applicant for a partial abatement pursuant to this section who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      13.  For the purposes of this section, an employee is a “full-time employee” if he or she is in a permanent position of employment and works an average of 30 hours per week during the applicable period set forth in subsection 2.

      Sec. 12.5. NRS 360.753 is hereby amended to read as follows:

      360.753  1.  An owner of a business or a person who intends to locate or expand a business in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of one or more of:

      (a) The personal property taxes imposed on an aircraft and the personal property used to own, operate, manufacture, service, maintain, test, repair, overhaul or assemble an aircraft or any component of an aircraft; and

      (b) The local sales and use taxes imposed on the purchase of tangible personal property used to operate, manufacture, service, maintain, test, repair, overhaul or assemble an aircraft or any component of an aircraft.

      2.  Notwithstanding the provisions of any law to the contrary and except as otherwise provided in subsections 3 and 4, the Office of Economic Development shall approve an application for a partial abatement if the Office makes the following determinations:

      (a) The applicant has executed an agreement with the Office which:

             (1) Complies with the requirements of NRS 360.755;

             (2) States the date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application;

             (3) States that the business will, after the date on which a certificate of eligibility for the partial abatement is issued pursuant to subsection 5, continue in operation in this State for a period specified by the Office, which must be not less than 5 years, and will continue to meet the eligibility requirements set forth in this subsection; and

             (4) Binds any successor in interest of the applicant for the specified period;

      (b) The business is registered pursuant to the laws of this State or the applicant commits to obtaining a valid business license and all other permits required by the county, city or town in which the business operates;

      (c) The business owns, operates, manufactures, services, maintains, tests, repairs, overhauls or assembles an aircraft or any component of an aircraft;

      (d) The average hourly wage that will be paid by the business to its employees in this State during the period of partial abatement is not less than 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year;

      (e) The business will, by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective, offer a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees, and the health care benefits the business offers to its employees in this State will meet the minimum requirements for health care benefits established by the Office;

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2247 (CHAPTER 359, AB 400)ê

 

business offers to its employees in this State will meet the minimum requirements for health care benefits established by the Office;

      (f) If the business is:

             (1) A new business, that it will have five or more full-time employees on the payroll of the business within 1 year after receiving its certificate of eligibility for a partial abatement; or

             (2) An existing business, that it will increase its number of full-time employees on the payroll of the business in this State by 3 percent or three employees, whichever is greater, within 1 year after receiving its certificate of eligibility for a partial abatement; [and]

      (g) The business meets at least one of the following requirements:

             (1) The business will make a new capital investment of at least $250,000 in this State within 1 year after receiving its certificate of eligibility for a partial abatement.

             (2) The business will maintain and possess in this State tangible personal property having a value of not less than $5,000,000 during the period of partial abatement.

             (3) The business develops, refines or owns a patent or other intellectual property, or has been issued a type certificate by the Federal Aviation Administration pursuant to 14 C.F.R. Part 21 [.] ; and

      (h) If the application is for the partial abatement of the taxes imposed by the Local School Support Tax Law, the application has been approved by a vote of at least two-thirds of the members of the Board of Economic Development created by NRS 231.033.

      3.  The Office of Economic Development:

      (a) Shall approve or deny an application submitted pursuant to this section and notify the applicant of its decision not later than 45 days after receiving the application.

      (b) Must not:

             (1) Consider an application for a partial abatement unless the Office has requested a letter of acknowledgment of the request for the partial abatement from any affected county, school district, city or town and has complied with the requirements of NRS 360.757; or

             (2) Approve a partial abatement for any applicant for a period of more than [20] 10 years.

      4.  The Office of Economic Development must not approve a partial abatement of personal property taxes for a business whose physical property is collectively valued and centrally assessed pursuant to NRS 361.320 and 361.3205.

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office shall immediately forward a certificate of eligibility for the partial abatement to:

      (a) The Department;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from personal property taxes, the appropriate county treasurer.

      6.  An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Office of Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2248 (CHAPTER 359, AB 400)ê

 

      7.  If a business whose partial abatement has been approved pursuant to this section and whose partial abatement is in effect ceases:

      (a) To meet the requirements set forth in subsection 2; or

      (b) Operation before the time specified in the agreement described in paragraph (a) of subsection 2,

Ê the business shall repay to the Department or, if the partial abatement was from personal property taxes, to the appropriate county treasurer, the amount of the partial abatement that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the partial abatement required to be repaid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      8.  The Office of Economic Development may adopt such regulations as the Office determines to be necessary to carry out the provisions of this section.

      9.  The Nevada Tax Commission may adopt such regulations as the Commission determines are necessary to carry out the provisions of this section.

      10.  An applicant for a partial abatement who is aggrieved by a final decision of the Office of Economic Development may petition a court of competent jurisdiction to review the decision in the manner provided in chapter 233B of NRS.

      11.  If the Office of Economic Development approves an application for a partial abatement of local sales and use taxes pursuant to this section, the Department shall issue to the business a document certifying the partial abatement which can be presented to retailers and customers of the business at the time of sale. The document must clearly state that the purchaser is only required to pay sales and use taxes imposed in this State at the rate of 2 percent.

      12.  As used in this section:

      (a) “Aircraft” means any fixed-wing, rotary-wing or unmanned aerial vehicle.

      (b) “Component of an aircraft” means any:

             (1) Element that makes up the physical structure of an aircraft, or is affixed thereto;

             (2) Mechanical, electrical or other system of an aircraft, including, without limitation, any component thereof; and

             (3) Raw material or processed material, part, machinery, tool, chemical, gas or equipment used to operate, manufacture, service, maintain, test, repair, overhaul or assemble an aircraft or component of an aircraft.

      (c) “Full-time employee” means a person who is in a permanent position of employment and works an average of 30 hours per week during the applicable period set forth in subparagraph (3) of paragraph (a) of subsection 2.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2249 (CHAPTER 359, AB 400)ê

 

      (d) “Local sales and use taxes” means any taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in any political subdivision of this State, except the taxes imposed by the Sales and Use Tax Act.

      (e) “Personal property taxes” means any taxes levied on personal property by the State or a local government pursuant to chapter 361 of NRS.

      Sec. 13. NRS 360.754 is hereby amended to read as follows:

      360.754  1.  A person who intends to locate or expand a data center in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of one or more of the taxes imposed on the new or expanded data center pursuant to chapter 361 or 374 of NRS.

      2.  The Office of Economic Development shall approve an application for a partial abatement pursuant to this section if the Office makes the following determinations:

      (a) The application is consistent with the State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053 and any guidelines adopted by the Executive Director of the Office to implement the State Plan for Economic Development.

      (b) The applicant has executed an agreement with the Office of Economic Development which must:

             (1) Comply with the requirements of NRS 360.755;

             (2) State the date on which the abatement becomes effective, as agreed to by the applicant and the Office of Economic Development, which must not be earlier than the date on which the Office received the application;

             (3) State that the data center will, after the date on which the abatement becomes effective, continue in operation in this State for a period specified by the Office of Economic Development, which must be at least 10 years, and will continue to meet the eligibility requirements set forth in this subsection; and

             (4) Bind the successors in interest of the applicant for the specified period.

      (c) The applicant is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by each county, city or town in which the data center operates.

      (d) If the applicant is seeking a partial abatement for a period of not more than 10 years, the applicant meets the following requirements:

             (1) The data center will, by not later than the date that is 5 years after the date on which the abatement becomes effective, have or have added 10 or more full-time employees who are residents of Nevada and who will be employed at the data center and will continue to employ 10 or more full-time employees who are residents of Nevada at the data center until at least the date which is 10 years after the date on which the abatement becomes effective.

             (2) Establishing or expanding the data center will require the data center or any combination of the data center and one or more colocated businesses to make in each county in this State in which the data center is located, by not later than the date which is 5 years after the date on which the abatement becomes effective, a cumulative capital investment of at least $25,000,000 in capital assets that will be used or located at the data center.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2250 (CHAPTER 359, AB 400)ê

 

             (3) The average hourly wage that will be paid by the data center to its employees in this State is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                   (I) The data center will, by not later than the date which is 2 years after the date on which the abatement becomes effective, provide a health insurance plan for all employees employed at the data center that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The health care benefits provided to employees employed at the data center will meet the minimum requirements for health care benefits established by the Office of Economic Development by regulation pursuant to subsection 12.

             (4) At least 50 percent of the employees engaged in the construction of the data center are residents of Nevada, unless waived by the Executive Director of the Office of Economic Development upon proof satisfactory to the Executive Director of the Office of Economic Development that there is an insufficient number of residents of Nevada available and qualified for such employment.

      (e) If the applicant is seeking a partial abatement for a period of 10 years or more but not more than 20 years, the applicant meets the following requirements:

             (1) The data center will, by not later than the date that is 5 years after the date on which the abatement becomes effective, have or have added 50 or more full-time employees who are residents of Nevada and who will be employed at the data center and will continue to employ 50 or more full-time employees who are residents of Nevada at the data center until at least the date which is 20 years after the date on which the abatement becomes effective.

             (2) Establishing or expanding the data center will require the data center or any combination of the data center and one or more colocated businesses to make in each county in this State in which the data center is located, by not later than the date which is 5 years after the date on which the abatement becomes effective, a cumulative capital investment of at least $100,000,000 in capital assets that will be used or located at the data center.

             (3) The average hourly wage that will be paid by the data center to its employees in this State is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                   (I) The data center will, by not later than the date which is 2 years after the date on which the abatement becomes effective, provide a health insurance plan for all employees employed at the data center that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The health care benefits provided to employees employed at the data center will meet the minimum requirements for health care benefits established by the Office of Economic Development by regulation pursuant to subsection 12.

             (4) At least 50 percent of the employees engaged in the construction of the data center are residents of Nevada, unless waived by the Executive Director of the Office of Economic Development upon proof satisfactory to the Executive Director of the Office of Economic Development that there is an insufficient number of residents of Nevada available and qualified for such employment.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2251 (CHAPTER 359, AB 400)ê

 

the Executive Director of the Office of Economic Development that there is an insufficient number of residents of Nevada available and qualified for such employment.

      (f) The applicant has provided in the application an estimate of the total number of new employees which the data center anticipates hiring in this State if the Office of Economic Development approves the application.

      (g) If the applicant is seeking a partial abatement of the taxes imposed by the Local School Support Tax Law, the application has been approved by a vote of at least two-thirds of the members of the Board of Economic Development created by NRS 231.033.

      3.  Notwithstanding the provisions of subsection 2, the Office of Economic Development:

      (a) Shall not consider an application for a partial abatement pursuant to this section unless the Office of Economic Development has requested a letter of acknowledgment of the request for the abatement from each affected county, school district, city or town.

      (b) Shall consider the level of health care benefits provided to employees employed at the data center, the projected economic impact of the data center and the projected tax revenue of the data center after deducting projected revenue from the abated taxes.

      (c) May, if the Office of Economic Development determines that such action is necessary:

             (1) Approve an application for a partial abatement pursuant to this section by a data center that does not meet the requirements set forth in paragraph (d) or (e) of subsection 2;

             (2) Make the requirements set forth in paragraph (d) and (e) of subsection 2 more stringent; or

             (3) Add additional requirements that an applicant must meet to qualify for a partial abatement pursuant to this section.

      4.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of each county in which the data center is or will be located.

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office may also approve a partial abatement of taxes for each colocated business that enters into a contract to use or occupy, for a period of at least 2 years, all or a portion of the new or expanded data center. Each such colocated business shall obtain a state business license issued by the Secretary of State. The percentage amount of a partial abatement approved for a colocated business pursuant to this subsection must not exceed the percentage amount of the partial abatement approved for the data center. The duration of a partial abatement approved for a colocated business pursuant to this subsection must not exceed the duration of the contract or contracts entered into between the colocated business and the data center, including the duration of any contract or contracts extended or renewed by the parties. If a colocated business ceases to meet the requirements set forth in this subsection, the colocated business shall repay the amount of the abatement that was allowed in the same manner in which a data center is required by subsection 7 to repay the Department or a county treasurer.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2252 (CHAPTER 359, AB 400)ê

 

ceases to meet the requirements set forth in this subsection, the colocated business shall repay the amount of the abatement that was allowed in the same manner in which a data center is required by subsection 7 to repay the Department or a county treasurer. If a data center ceases to meet the requirements of subsection 2 or ceases operation before the time specified in the agreement described in paragraph (b) of subsection 2, any partial abatement approved for a colocated business ceases to be in effect, but the colocated business is not required to repay the amount of the abatement that was allowed before the date on which the abatement ceases to be in effect. A data center shall provide the Executive Director of the Office and the Department with a list of the colocated businesses that are qualified to receive a partial abatement pursuant to this subsection and shall notify the Executive Director within 30 days after any change to the list. The Executive Director shall provide the list and any updates to the list to the Department and the county treasurer of each affected county.

      6.  An applicant for a partial abatement pursuant to this section or a data center whose partial abatement is in effect shall, upon the request of the Executive Director of the Office of Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

      7.  If a data center whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the requirements set forth in subsection 2; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 2,

Ê the data center shall repay to the Department or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the abatement that was allowed pursuant to this section before the failure of the data center to comply unless the Nevada Tax Commission determines that the data center has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the data center shall, in addition to the amount of the abatement required to be repaid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      8.  A county treasurer:

      (a) Shall deposit any money that he or she receives pursuant to subsection 5 or 7 in one or more of the funds established by a local government of the county pursuant to NRS 354.6113 or 354.6115; and

      (b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115.

      9.  An applicant for a partial abatement pursuant to this section who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      10.  For an employee to be considered a resident of Nevada for the purposes of this section, a data center must maintain the following documents in the personnel file of the employee:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2253 (CHAPTER 359, AB 400)ê

 

      (a) A copy of the current and valid Nevada driver’s license of the employee or a current and valid identification card for the employee issued by the Department of Motor Vehicles;

      (b) If the employee is a registered owner of one or more motor vehicles in Nevada, a copy of the current motor vehicle registration of at least one of those vehicles;

      (c) Proof that the employee is a full-time employee; and

      (d) Proof that the employee is covered by the health insurance plan which the data center is required to provide pursuant to sub-subparagraph (I) of subparagraph (3) of paragraph (d) of subsection 2 or sub-subparagraph (I) of subparagraph (3) of paragraph (e) of subsection 2.

      11.  For the purpose of obtaining from the Executive Director of the Office of Economic Development any waiver of the requirements set forth in subparagraph (4) of paragraph (d) of subsection 2 or subparagraph (4) of paragraph (e) of subsection 2, a data center must submit to the Executive Director of the Office of Economic Development written documentation of the efforts to meet the requirements and documented proof that an insufficient number of Nevada residents is available and qualified for employment.

      12.  The Office of Economic Development:

      (a) Shall adopt regulations relating to the minimum level of health care benefits that a data center must provide to its employees to meet the requirement set forth in paragraph (d) or (e) of subsection 2;

      (b) May adopt such other regulations as the Office determines to be necessary to carry out the provisions of this section; and

      (c) Shall not approve any application for a partial abatement submitted pursuant to this section which is received on or after January 1, 2036.

      13.  The Nevada Tax Commission:

      (a) Shall adopt regulations regarding:

             (1) The capital investment necessary to meet the requirement set forth in paragraph (d) or (e) of subsection 2; and

             (2) Any security that a data center is required to post to qualify for a partial abatement pursuant to this section.

      (b) May adopt such other regulations as the Nevada Tax Commission determines to be necessary to carry out the provisions of this section.

      14.  As used in this section, unless the context otherwise requires:

      (a) “Colocated business” means a person who enters into a contract with a data center that is qualified to receive an abatement pursuant to this section to use or occupy all or part of the data center.

      (b) “Data center” means one or more buildings located at one or more physical locations in this State which house a group of networked server computers for the purpose of centralizing the storage, management and dissemination of data and information pertaining to one or more businesses and includes any modular or preassembled components, associated telecommunications and storage systems and, if the data center includes more than one building or physical location, any network or connection between such buildings or physical locations.

      (c) “Full-time employee” means a person who is in a permanent position of employment and works an average of 30 hours per week during the applicable period set forth in paragraph (d) or (e) of subsection 2.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2254 (CHAPTER 359, AB 400)ê

 

      Sec. 14. (Deleted by amendment.)

      Sec. 15. NRS 360.884 is hereby amended to read as follows:

      360.884  “Local sales and use taxes” means only the taxes imposed pursuant to chapters [374,] 377, 377A and 377B of NRS imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the county in which the qualified project is located. The term does not include any taxes imposed by the Sales and Use Tax Act.

      Sec. 16. NRS 360.920 is hereby amended to read as follows:

      360.920  “Local sales and use taxes” means only the taxes imposed pursuant to [chapters 374 and] chapter 377 of NRS on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the county in which the qualified project is located. The term does not include the taxes imposed by the Sales and Use Tax Act.

      Secs. 17 and 18. (Deleted by amendment.)

      Sec. 18.5.  The amendatory provisions of this act do not apply to any abatement granted or any application for an abatement filed before July 1, 2019.

      Sec. 19.  1.  This section and sections 5, 6.3, 7, 11, 12.5, 13, 15, 16 and 18.5 of this act become effective on July 1, 2019.

      2.  Sections 6, 6.5, 8 and 12 of this act become effective on July 1, 2032.

      3.  Section 15 of this act expires by limitation on June 30, 2032.

      4.  Section 12.5 of this act expires by limitation on June 30, 2035.

      5.  Section 16 of this act expires by limitation on June 30, 2036.

      6.  Section 13 of this act expires by limitation on December 31, 2056.

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2255ê

 

CHAPTER 360, AB 417

Assembly Bill No. 417–Committee on Judiciary

 

CHAPTER 360

 

[Approved: June 3, 2019]

 

AN ACT relating to criminal records; revising provisions governing the dissemination of records of criminal history from the Central Repository for Nevada Records of Criminal History pursuant to name-based searches conducted by a service within the Central Repository; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes within the Central Repository for Nevada Records of Criminal History a service to conduct a name-based search of records of criminal history of an employee, prospective employee, volunteer or prospective volunteer. (NRS 179A.103) Existing law authorizes an employment screening service which has entered into a contract with the Central Repository to inquire about, obtain and provide those records of criminal history to the employer or volunteer organization. (NRS 179A.103) This bill provides that a person who enters into a contract with a person, business or organization for certain services provided by an independent contractor, subcontractor or third party is an employer for the purpose of being eligible to conduct a name-based search of records of criminal history of an employee pursuant to existing law.

 

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 179A.103 is hereby amended to read as follows:

      179A.103  1.  There is hereby established within the Central Repository a service to conduct a name-based search of records of criminal history of an employee, prospective employee, volunteer or prospective volunteer.

      2.  An eligible person that wishes to participate in the service must enter into a contract with the Central Repository. The elements of a contract entered into pursuant to this section must be limited to requiring the eligible person to:

      (a) Pay a fee pursuant to subsection 3, if applicable; and

      (b) Comply with applicable law.

      3.  The Central Repository may charge a reasonable fee for participation in the service.

      4.  An authorized participant of the service may inquire about the records of criminal history of an employee, prospective employee, volunteer or prospective volunteer to determine the suitability of the employee or prospective employee for employment or the suitability of the volunteer or prospective volunteer for volunteering.

      5.  The Central Repository shall disseminate to an authorized participant of the service information which:

      (a) Reflects convictions only; or

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2256 (CHAPTER 360, AB 417)ê

 

      (b) Pertains to an incident for which an employee, prospective employee, volunteer or prospective volunteer is currently within the system of criminal justice, including parole or probation.

      6.  An employee, prospective employee, volunteer or prospective volunteer who is proposed to be the subject of a name-based search must provide his or her written consent directly to the authorized participant or, if the authorized participant is a screening service, directly to the eligible person designating the screening service to receive records of criminal history, for the Central Repository to perform the search and to release the information to an authorized participant. The written consent form may be:

      (a) A form designated by the Central Repository; or

      (b) If the authorized participant is [an employment] a screening service, a form that complies with the provisions of 15 U.S.C. § 1681b(b)2 for the procurement of a consumer report.

      7.  [An employment] A screening service that is designated to receive records of criminal history on behalf of an [employer or volunteer organization] eligible person may provide such records of criminal history to the [employer or volunteer organization] eligible person upon request of the [employer or volunteer organization,] eligible person if the [employment] screening service maintains records of its dissemination of the records of criminal history.

      8.  The Central Repository may audit an authorized participant, at such times as the Central Repository deems necessary, to ensure that records of criminal history are securely maintained.

      9.  The Central Repository may terminate participation in the service if an authorized participant fails:

      (a) To pay the fees required to participate in the service; or

      (b) To address, within a reasonable period, deficiencies identified in an audit conducted pursuant to subsection 8.

      10.  As used in this section:

      (a) “Authorized participant” means an eligible person who has entered into a contract with the Central Repository to participate in the service established pursuant to subsection 1.

      (b) “Consumer report” has the meaning ascribed to it in 15 U.S.C. § 1681a(d).

      (c) “Eligible person” [includes:] means:

             (1) An employer.

             (2) A volunteer organization.

             (3) [An employment] A screening service.

      (d) “Employer” means a person that:

             (1) Employs an employee [;] or makes employment decisions;

             (2) Enters into a contract with an independent contractor [.

      (e)]or makes the determination whether to enter into a contract with an independent contractor; or

             (3) Enters into a contract with a person, business or organization for the provision, directly or indirectly, of labor, services or materials by an independent contractor, subcontractor or a third party.

      (e) “Employment” includes performing services , directly or indirectly, for an employer as an independent contractor [.

      (f) “Employment screening] , subcontractor or a third party pursuant to a contract.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2257 (CHAPTER 360, AB 417)ê

 

      (f) “Screening service” means a person or entity designated , directly or indirectly, by an [employer or volunteer organization] eligible person to provide employment or volunteer screening services to the [employer or volunteer organization.] eligible person.

      (g) “Written consent” means:

             (1) An electronic signature pursuant to 15 U.S.C. § 7006(5), and any regulations adopted pursuant thereto;

             (2) Completion of the form designated by the Central Repository pursuant to paragraph (a) of subsection 6; or

             (3) Consent by means of mail, the Internet, other electronic means or other means pursuant to 15 U.S.C. § 1681b(b)(2), and any regulations adopted pursuant thereto.

      Sec. 2.  This act becomes effective upon passage and approval.

________

CHAPTER 361, AB 421

Assembly Bill No. 421–Committee on Judiciary

 

CHAPTER 361

 

[Approved: June 3, 2019]

 

AN ACT relating to construction; revising provisions relating to the information required to be included in a notice of a constructional defect; removing provisions requiring the presence of an expert during an inspection of an alleged constructional defect; establishing provisions relating to a claimant pursuing a claim under a builder’s warranty; removing certain provisions governing the tolling of statutes of limitation and repose regarding actions for constructional defects; revising provisions relating to the recovery of damages proximately caused by a constructional defect; increasing the period during which an action for the recovery of certain damages may be commenced; revising the prohibition against a unit-owners’ association pursuing an action for a constructional defect unless the action pertains exclusively to the common elements of the association; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that before a claimant commences an action or amends a complaint to add a cause of action for a constructional defect against a contractor, subcontractor, supplier or design professional, the claimant: (1) is required to give written notice to the contractor; and (2) if the contractor is no longer licensed or acting as a contractor in this State, is authorized to give notice to any subcontractor, supplier or design professional known to the claimant who may be responsible for the constructional defect. Existing law also requires that such a notice identify in specific detail each defect, damage and injury to each residence or appurtenance that is the subject of the claim. (NRS 40.645) Section 2 of this bill instead requires that such a notice specify in reasonable detail the defects or any damages or injuries to each residence or appurtenance that is the subject of the claim.

      Existing law requires that after notice of a constructional defect is given by a claimant to a contractor, subcontractor, supplier or design professional, the claimant and, if the notice includes an expert opinion concerning the alleged constructional defect, the expert or his or her representative with knowledge of the alleged defect must: (1) be present when a contractor, subcontractor, supplier or design professional conducts an inspection of the alleged constructional defect; and (2) identify the exact location of each alleged constructional defect.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2258 (CHAPTER 361, AB 421)ê

 

must: (1) be present when a contractor, subcontractor, supplier or design professional conducts an inspection of the alleged constructional defect; and (2) identify the exact location of each alleged constructional defect. (NRS 40.647) Section 3 of this bill removes the requirement that an expert who provided an opinion concerning the alleged constructional defect or his or her representative be present at an inspection and revises certain other requirements.

      Existing law provides that if a residence or appurtenance that is the subject of a claim is covered by a homeowner’s warranty purchased by or on behalf of the claimant: (1) the claimant is prohibited from sending notice of a constructional defect or pursuing a claim for a constructional defect unless the claimant has submitted a claim under the homeowner’s warranty and the insurer has denied the claim; and (2) notice of a constructional defect may only include claims that were denied by the insurer. (NRS 40.650) Section 4 of this bill removes such provisions, and section 1.5 of this bill replaces the term “homeowner’s warranty” with “builder’s warranty” and clarifies that such a warranty is not a type of insurance. Section 4 provides that if a residence or appurtenance that is the subject of a claim is covered by a builder’s warranty, the claimant is required to diligently pursue a claim under the builder’s warranty. Section 5.5 of this bill makes conforming changes.

      Existing law also provides that if a residence or appurtenance that is the subject of a claim is covered by a homeowner’s warranty purchased by or on behalf of the claimant, statutes of limitation or repose are tolled from the time the claimant submits a claim under the homeowner’s warranty until 30 days after the insurer rejects the claim, in whole or in part. (NRS 40.650) Section 4 removes this provision.

      Existing law establishes the damages proximately caused by a constructional defect that a claimant is authorized to recover, including additional costs reasonably incurred by the claimant for constructional defects proven by the claimant. (NRS 40.655) Section 5 of this bill removes the requirement that such costs be limited to constructional defects proven by the claimant.

      Existing law prohibits an action for the recovery of certain damages against the owner, occupier or any person performing or furnishing the design, planning, supervision or observation of construction, or the construction of an improvement to real property, from being commenced more than 6 years after the substantial completion of such an improvement. (NRS 11.202) Section 7 of this bill increases such a period to 10 years after the substantial completion of such an improvement. Section 7 also: (1) authorizes such an action to be commenced at any time after the substantial completion of such an improvement if any act of fraud caused a deficiency in the design, planning, supervision or observation of construction or the construction of such an improvement; and (2) exempts lower-tiered subcontractors from such an action in certain circumstances.

      Existing law prohibits a unit-owners’ association from instituting, defending or intervening in litigation or in arbitration, mediation or administrative proceedings in its own name on behalf of itself or units’ owners relating to an action for a constructional defect unless the action pertains exclusively to common elements. (NRS 116.3102) Section 8 of this bill requires that such an action for a constructional defect pertain to: (1) common elements; (2) any portion of the common-interest community that the association owns; or (3) any portion of the common-interest community that the association does not own but has an obligation to maintain, repair, insure or replace because the governing documents of the association expressly make such an obligation the responsibility of the association.

      Existing law authorizes a unit-owners’ association to enter the grounds of a unit to conduct certain maintenance or remove or abate a public nuisance, or to enter the grounds or interior of a unit to abate a water or sewage leak or take certain other actions in certain circumstances. (NRS 116.310312) Section 8.5 of this bill provides that such provisions do not give rise to any rights or standing for a claim for a constructional defect.

 

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2259 (CHAPTER 361, AB 421)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 1.5. NRS 40.625 is hereby amended to read as follows:

      40.625  [“Homeowner’s] “Builder’s warranty” means a warranty [or policy of insurance:

      1.  Issued] issued or purchased by or on behalf of a contractor for the protection of a claimant . [; or

      2.  Purchased by or on behalf of a claimant pursuant to NRS 690B.100 to 690B.180, inclusive.

Ê] The term [includes] :

      1.  Includes a warranty contract issued by or on behalf of a contractor whose liability pursuant to the warranty contract is subsequently insured by a risk retention group that operates in compliance with chapter 695E of NRS and insures all or any part of the liability of a contractor for the cost to repair a constructional defect in a residence.

      2.  Does not include a policy of insurance for home protection as defined in NRS 690B.100 or a service contract as defined in NRS 690C.080.

      Sec. 2. NRS 40.645 is hereby amended to read as follows:

      40.645  1.  Except as otherwise provided in this section and NRS 40.670, before a claimant commences an action or amends a complaint to add a cause of action for a constructional defect against a contractor, subcontractor, supplier or design professional, the claimant:

      (a) Must give written notice by certified mail, return receipt requested, to the contractor, at the contractor’s address listed in the records of the State Contractors’ Board or in the records of the office of the county or city clerk or at the contractor’s last known address if the contractor’s address is not listed in those records; and

      (b) May give written notice by certified mail, return receipt requested, to any subcontractor, supplier or design professional known to the claimant who may be responsible for the constructional defect, if the claimant knows that the contractor is no longer licensed in this State or that the contractor no longer acts as a contractor in this State.

      2.  The notice given pursuant to subsection 1 must:

      (a) Include a statement that the notice is being given to satisfy the requirements of this section;

      (b) [Identify] Specify in [specific] reasonable detail [each defect, damage and injury] the defects or any damages or injuries to each residence or appurtenance that is the subject of the claim ; [, including, without limitation, the exact location of each such defect, damage and injury;]

      (c) Describe in reasonable detail the cause of the defects if the cause is known and the nature and extent that is known of the damage or injury resulting from the defects; and

      (d) Include a signed statement, by each named owner of a residence or appurtenance in the notice, that each such owner verifies that each such defect, damage and injury specified in the notice exists in the residence or appurtenance owned by him or her. If a notice is sent on behalf of a homeowners’ association, the statement required by this paragraph must be signed under penalty of perjury by a member of the executive board or an officer of the homeowners’ association.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2260 (CHAPTER 361, AB 421)ê

 

must be signed under penalty of perjury by a member of the executive board or an officer of the homeowners’ association.

      3.  A representative of a homeowners’ association may send notice pursuant to this section on behalf of an association if the representative is acting within the scope of the representative’s duties pursuant to chapter 116 or 117 of NRS.

      4.  Notice is not required pursuant to this section before commencing an action if:

      (a) The contractor, subcontractor, supplier or design professional has filed an action against the claimant; or

      (b) The claimant has filed a formal complaint with a law enforcement agency against the contractor, subcontractor, supplier or design professional for threatening to commit or committing an act of violence or a criminal offense against the claimant or the property of the claimant.

      Sec. 3. NRS 40.647 is hereby amended to read as follows:

      40.647  1.  After notice of a constructional defect is given pursuant to NRS 40.645, before a claimant may commence an action or amend a complaint to add a cause of action for a constructional defect against a contractor, subcontractor, supplier or design professional, the claimant must:

      (a) Allow an inspection of the alleged constructional defect to be conducted pursuant to NRS 40.6462;

      (b) Be present or have a representative of the claimant present at an inspection conducted pursuant to NRS 40.6462 and , to the extent possible, reasonably identify the [exact location of each alleged constructional defect] proximate locations of the defects, damages or injuries specified in the notice ; [and, if the notice includes an expert opinion concerning the alleged constructional defect, the expert, or a representative of the expert who has knowledge of the alleged constructional defect, must also be present at the inspection and identify the exact location of each alleged constructional defect for which the expert provided an opinion;] and

      (c) Allow the contractor, subcontractor, supplier or design professional a reasonable opportunity to repair the constructional defect or cause the defect to be repaired if an election to repair is made pursuant to NRS 40.6472.

      2.  If a claimant commences an action without complying with subsection 1 or NRS 40.645, the court shall:

      (a) Dismiss the action without prejudice and compel the claimant to comply with those provisions before filing another action; or

      (b) If dismissal of the action would prevent the claimant from filing another action because the action would be procedurally barred by the statute of limitations or statute of repose, the court shall stay the proceeding pending compliance with those provisions by the claimant.

      Sec. 4. NRS 40.650 is hereby amended to read as follows:

      40.650  1.  If a claimant unreasonably rejects a reasonable written offer of settlement made as part of a response pursuant to paragraph (b) of subsection 2 of NRS 40.6472 and thereafter commences an action governed by NRS 40.600 to 40.695, inclusive, the court in which the action is commenced may:

      (a) Deny the claimant’s attorney’s fees and costs; and

      (b) Award attorney’s fees and costs to the contractor.

Ê Any sums paid under a [homeowner’s] builder’s warranty, other than sums paid in satisfaction of claims that are collateral to any coverage issued to or by the contractor, must be deducted from any recovery.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2261 (CHAPTER 361, AB 421)ê

 

      2.  If a contractor, subcontractor, supplier or design professional fails to:

      (a) Comply with the provisions of NRS 40.6472;

      (b) Make an offer of settlement;

      (c) Make a good faith response to the claim asserting no liability;

      (d) Agree to a mediator or accept the appointment of a mediator pursuant to NRS 40.680; or

      (e) Participate in mediation,

Ê the limitations on damages and defenses to liability provided in NRS 40.600 to 40.695, inclusive, do not apply and the claimant may commence an action or amend a complaint to add a cause of action for a constructional defect without satisfying any other requirement of NRS 40.600 to 40.695, inclusive.

      3.  If a residence or appurtenance that is the subject of the claim is covered by a [homeowner’s] builder’s warranty [that is purchased by or on behalf of a claimant pursuant to NRS 690B.100 to 690B.180, inclusive:

      (a) A claimant may not send a notice pursuant to NRS 40.645 or pursue a claim pursuant to NRS 40.600 to 40.695, inclusive, unless the claimant has first submitted a claim under the homeowner’s warranty and the insurer has denied the claim.

      (b) A claimant may include in a notice given pursuant to NRS 40.645 only claims for the constructional defects that were denied by the insurer.

      (c) If coverage under a homeowner’s warranty is denied by an insurer in bad faith, the homeowner and the contractor, subcontractor, supplier or design professional have a right of action for the sums that would have been paid if coverage had been provided, plus reasonable attorney’s fees and costs.

      (d) Statutes of limitation or repose applicable to a claim based on a constructional defect governed by NRS 40.600 to 40.695, inclusive, are tolled from the time notice of the claim under the homeowner’s warranty is submitted to the insurer until 30 days after the insurer rejects the claim, in whole or in part, in writing.] , a claimant shall diligently pursue a claim under the builder’s warranty.

      4.  Nothing in this section prohibits an offer of judgment pursuant to Rule 68 of the Nevada Rules of Civil Procedure or NRS 40.652.

      Sec. 5. NRS 40.655 is hereby amended to read as follows:

      40.655  1.  Except as otherwise provided in NRS 40.650, in a claim governed by NRS 40.600 to 40.695, inclusive, the claimant may recover only the following damages to the extent proximately caused by a constructional defect:

      (a) The reasonable cost of any repairs already made that were necessary and of any repairs yet to be made that are necessary to cure any constructional defect that the contractor failed to cure and the reasonable expenses of temporary housing reasonably necessary during the repair;

      (b) The reduction in market value of the residence or accessory structure, if any, to the extent the reduction is because of structural failure;

      (c) The loss of the use of all or any part of the residence;

      (d) The reasonable value of any other property damaged by the constructional defect;

      (e) Any additional costs reasonably incurred by the claimant , [for constructional defects proven by the claimant,] including, but not limited to, any costs and fees incurred for the retention of experts to:

             (1) Ascertain the nature and extent of the constructional defects;

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2262 (CHAPTER 361, AB 421)ê

 

             (2) Evaluate appropriate corrective measures to estimate the value of loss of use; and

             (3) Estimate the value of loss of use, the cost of temporary housing and the reduction of market value of the residence; and

      (f) Any interest provided by statute.

      2.  If a contractor complies with the provisions of NRS 40.600 to 40.695, inclusive, the claimant may not recover from the contractor, as a result of the constructional defect, any damages other than damages authorized pursuant to NRS 40.600 to 40.695, inclusive.

      3.  This section must not be construed as impairing any contractual rights between a contractor and a subcontractor, supplier or design professional.

      4.  As used in this section, “structural failure” means physical damage to the load-bearing portion of a residence or appurtenance caused by a failure of the load-bearing portion of the residence or appurtenance.

      Sec. 5.5. NRS 40.687 is hereby amended to read as follows:

      40.687  Notwithstanding any other provision of law:

      1.  A [claimant shall, within 10 days after commencing an action against a contractor, disclose to the contractor all information about any homeowner’s warranty that is applicable to the claim.

      2.  The] contractor shall, no later than 10 days after a response is made pursuant to this chapter, disclose to the claimant any information about insurance agreements that may be obtained by discovery pursuant to rule 26(b)(2) of the Nevada Rules of Civil Procedure. Such disclosure does not affect the admissibility at trial of the information disclosed.

      [3.]2.  Except as otherwise provided in subsection [4,] 3, if [either party] the contractor fails to provide the information required pursuant to subsection 1 [or 2] within the time allowed, the [other party] claimant may petition the court to compel production of the information. Upon receiving such a petition, the court may order the [party] contractor to produce the required information and may award the [petitioning party] claimant reasonable attorney’s fees and costs incurred in petitioning the court pursuant to this subsection.

      [4.]3.  The parties may agree to an extension of time for the contractor to produce the information required pursuant to this section.

      [5.]4.  For the purposes of this section, “information about insurance agreements” is limited to any declaration sheets, endorsements and contracts of insurance issued to the contractor from the commencement of construction of the residence of the claimant to the date on which the request for the information is made and does not include information concerning any disputes between the contractor and an insurer or information concerning any reservation of rights by an insurer.

      Sec. 6. (Deleted by amendment.)

      Sec. 7. NRS 11.202 is hereby amended to read as follows:

      11.202  1.  No action may be commenced against the owner, occupier or any person performing or furnishing the design, planning, supervision or observation of construction, or the construction of an improvement to real property more than [6] 10 years after the substantial completion of such an improvement, for the recovery of damages for:

      (a) [Any] Except as otherwise provided in subsection 2, any deficiency in the design, planning, supervision or observation of construction or the construction of such an improvement;

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2263 (CHAPTER 361, AB 421)ê

 

      (b) Injury to real or personal property caused by any such deficiency; or

      (c) Injury to or the wrongful death of a person caused by any such deficiency.

      2.  Except as otherwise provided in this subsection, an action may be commenced against the owner, occupier or any person performing or furnishing the design, planning, supervision or observation of construction, or the construction of an improvement to real property at any time after the substantial completion of such an improvement, for the recovery of damages for any act of fraud in causing a deficiency in the design, planning, supervision or observation of construction or the construction of such an improvement. The provisions of this subsection do not apply to any lower-tiered subcontractor who performs work that covers up a defect or deficiency in another contractor’s trade if the lower-tiered subcontractor does not know, and should not reasonably know, of the existence of the alleged defect or deficiency at the time of performing such work. As used in this subsection, “lower-tiered subcontractor” has the meaning ascribed to it in NRS 624.608.

      3.  The provisions of this section do not apply:

      (a) To a claim for indemnity or contribution.

      (b) In an action brought against:

             (1) The owner or keeper of any hotel, inn, motel, motor court, boardinghouse or lodging house in this State on account of his or her liability as an innkeeper.

             (2) Any person on account of a defect in a product.

      Sec. 8. NRS 116.3102 is hereby amended to read as follows:

      116.3102  1.  Except as otherwise provided in this chapter, and subject to the provisions of the declaration, the association:

      (a) Shall adopt and, except as otherwise provided in the bylaws, may amend bylaws and may adopt and amend rules and regulations.

      (b) Shall adopt and may amend budgets in accordance with the requirements set forth in NRS 116.31151, may collect assessments for common expenses from the units’ owners and may invest funds of the association in accordance with the requirements set forth in NRS 116.311395.

      (c) May hire and discharge managing agents and other employees, agents and independent contractors.

      (d) May institute, defend or intervene in litigation or in arbitration, mediation or administrative proceedings in its own name on behalf of itself or two or more units’ owners on matters affecting the common-interest community. The association may not institute, defend or intervene in litigation or in arbitration, mediation or administrative proceedings in its own name on behalf of itself or units’ owners with respect to an action for a constructional defect pursuant to NRS 40.600 to 40.695, inclusive, unless the action pertains [exclusively] to [common] :

             (1) Common elements [.] ;

             (2) Any portion of the common-interest community that the association owns; or

             (3) Any portion of the common-interest community that the association does not own but has an obligation to maintain, repair, insure or replace because the governing documents of the association expressly make such an obligation the responsibility of the association.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2264 (CHAPTER 361, AB 421)ê

 

      (e) May make contracts and incur liabilities. Any contract between the association and a private entity for the furnishing of goods or services must not include a provision granting the private entity the right of first refusal with respect to extension or renewal of the contract.

      (f) May regulate the use, maintenance, repair, replacement and modification of common elements.

      (g) May cause additional improvements to be made as a part of the common elements.

      (h) May acquire, hold, encumber and convey in its own name any right, title or interest to real estate or personal property, but:

             (1) Common elements in a condominium or planned community may be conveyed or subjected to a security interest only pursuant to NRS 116.3112; and

             (2) Part of a cooperative may be conveyed, or all or part of a cooperative may be subjected to a security interest, only pursuant to NRS 116.3112.

      (i) May grant easements, leases, licenses and concessions through or over the common elements.

      (j) May impose and receive any payments, fees or charges for the use, rental or operation of the common elements, other than limited common elements described in subsections 2 and 4 of NRS 116.2102, and for services provided to the units’ owners, including, without limitation, any services provided pursuant to NRS 116.310312.

      (k) May impose charges for late payment of assessments pursuant to NRS 116.3115.

      (l) May impose construction penalties when authorized pursuant to NRS 116.310305.

      (m) May impose reasonable fines for violations of the governing documents of the association only if the association complies with the requirements set forth in NRS 116.31031.

      (n) May impose reasonable charges for the preparation and recordation of any amendments to the declaration or any statements of unpaid assessments, and impose reasonable fees, not to exceed the amounts authorized by NRS 116.4109, for preparing and furnishing the documents and certificate required by that section.

      (o) May provide for the indemnification of its officers and executive board and maintain directors and officers liability insurance.

      (p) May assign its right to future income, including the right to receive assessments for common expenses, but only to the extent the declaration expressly so provides.

      (q) May exercise any other powers conferred by the declaration or bylaws.

      (r) May exercise all other powers that may be exercised in this State by legal entities of the same type as the association.

      (s) May direct the removal of vehicles improperly parked on property owned or leased by the association, as authorized pursuant to NRS 487.038, or improperly parked on any road, street, alley or other thoroughfare within the common-interest community in violation of the governing documents. In addition to complying with the requirements of NRS 487.038 and any requirements in the governing documents, if a vehicle is improperly parked as described in this paragraph, the association must post written notice in a conspicuous place on the vehicle or provide oral or written notice to the owner or operator of the vehicle at least 48 hours before the association may direct the removal of the vehicle, unless the vehicle:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2265 (CHAPTER 361, AB 421)ê

 

owner or operator of the vehicle at least 48 hours before the association may direct the removal of the vehicle, unless the vehicle:

             (1) Is blocking a fire hydrant, fire lane or parking space designated for the handicapped; or

             (2) Poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community.

      (t) May exercise any other powers necessary and proper for the governance and operation of the association.

      2.  The declaration may not limit the power of the association to deal with the declarant if the limit is more restrictive than the limit imposed on the power of the association to deal with other persons.

      3.  The executive board may determine whether to take enforcement action by exercising the association’s power to impose sanctions or commence an action for a violation of the declaration, bylaws or rules, including whether to compromise any claim for unpaid assessments or other claim made by or against it. The executive board does not have a duty to take enforcement action if it determines that, under the facts and circumstances presented:

      (a) The association’s legal position does not justify taking any or further enforcement action;

      (b) The covenant, restriction or rule being enforced is, or is likely to be construed as, inconsistent with current law;

      (c) Although a violation may exist or may have occurred, it is not so material as to be objectionable to a reasonable person or to justify expending the association’s resources; or

      (d) It is not in the association’s best interests to pursue an enforcement action.

      4.  The executive board’s decision under subsection 3 not to pursue enforcement under one set of circumstances does not prevent the executive board from taking enforcement action under another set of circumstances, but the executive board may not be arbitrary or capricious in taking enforcement action.

      5.  Notwithstanding any provision of this chapter or the governing documents to the contrary, an association may not impose any assessment pursuant to this chapter or the governing documents on the owner of any property in the common-interest community that is exempt from taxation pursuant to NRS 361.125. For the purposes of this subsection, “assessment” does not include any charge for any utility services, including, without limitation, telecommunications, broadband communications, cable television, electricity, natural gas, sewer services, garbage collection, water or for any other service which is delivered to and used or consumed directly by the property in the common-interest community that is exempt from taxation pursuant to NRS 361.125.

      Sec. 8.5. NRS 116.310312 is hereby amended to read as follows:

      116.310312  1.  A person who holds a security interest in a unit must provide the association with the person’s contact information as soon as reasonably practicable, but not later than 30 days after the person:

      (a) Files an action for recovery of a debt or enforcement of any right secured by the unit pursuant to NRS 40.430; or

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2266 (CHAPTER 361, AB 421)ê

 

      (b) Records or has recorded on his or her behalf a notice of a breach of obligation secured by the unit and the election to sell or have the unit sold pursuant to NRS 107.080.

      2.  If an action or notice described in subsection 1 has been filed or recorded regarding a unit and the association has provided the unit’s owner with notice and an opportunity for a hearing in the manner provided in NRS 116.31031, the association, including its employees, agents and community manager, may, but is not required to, enter the grounds of the unit, whether or not the unit is vacant, to take any of the following actions if the unit’s owner refuses or fails to take any action or comply with any requirement imposed on the unit’s owner within the time specified by the association as a result of the hearing:

      (a) Maintain the exterior of the unit in accordance with the standards set forth in the governing documents, including, without limitation, any provisions governing maintenance, standing water or snow removal.

      (b) Remove or abate a public nuisance on the exterior of the unit which:

             (1) Is visible from any common area of the community or public streets;

             (2) Threatens the health or safety of the residents of the common-interest community;

             (3) Results in blighting or deterioration of the unit or surrounding area; and

             (4) Adversely affects the use and enjoyment of nearby units.

      3.  If:

      (a) A unit is vacant;

      (b) The association has provided the unit’s owner with notice and an opportunity for a hearing in the manner provided in NRS 116.31031; and

      (c) The association or its employee, agent or community manager mails a notice of the intent of the association, including its employees, agents and community manager, to maintain the exterior of the unit or abate a public nuisance, as described in subsection 2, by certified mail to each holder of a recorded security interest encumbering the interest of the unit’s owner, at the address of the holder that is provided pursuant to NRS 657.110 on the Internet website maintained by the Division of Financial Institutions of the Department of Business and Industry,

Ê the association, including its employees, agents and community manager, may enter the grounds of the unit to maintain the exterior of the unit or abate a public nuisance, as described in subsection 2, if the unit’s owner refuses or fails to do so.

      4.  If a unit is in a building that contains units divided by horizontal boundaries described in the declaration, or vertical boundaries that comprise common walls between units, and the unit is vacant, the association, including its employees, agents and community manager, may enter the grounds and interior of the unit to:

      (a) Abate a water or sewage leak in the unit and remove any water or sewage from the unit that is causing damage or, if not immediately abated, may cause damage to the common elements or another unit if the unit’s owner refuses or fails to abate the water or sewage leak.

      (b) After providing the unit’s owner with notice but before a hearing in accordance with the provisions of NRS 116.31031:

             (1) Remove any furniture, fixtures, appliances and components of the unit, including, without limitation, flooring, baseboards and drywall, that were damaged as a result of water or mold damage resulting from a water or sewage leak to the extent such removal is reasonably necessary because water or mold damage threatens the health or safety of the residents of the common-interest community, results in blighting or deterioration of the unit or the surrounding area and adversely affects the use and enjoyment of nearby units, if the unit’s owner refuses or fails to remediate or remove the water or mold damage.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2267 (CHAPTER 361, AB 421)ê

 

were damaged as a result of water or mold damage resulting from a water or sewage leak to the extent such removal is reasonably necessary because water or mold damage threatens the health or safety of the residents of the common-interest community, results in blighting or deterioration of the unit or the surrounding area and adversely affects the use and enjoyment of nearby units, if the unit’s owner refuses or fails to remediate or remove the water or mold damage.

             (2) Remediate or remove any water or mold damage in the unit resulting from the water or sewage leak to the extent such remediation or removal is reasonably necessary because the water or mold damage threatens the health or safety of the residents of the common-interest community, results in blighting or deterioration of the unit or the surrounding area and adversely affects the use and enjoyment of nearby units, if the unit’s owner refuses or fails to remediate or remove the water or mold damage.

      5.  After the association has provided the unit’s owner with notice and an opportunity for a hearing in the manner provided in NRS 116.31031, the association may order that the costs of any maintenance or abatement or the reasonable costs of remediation or removal conducted pursuant to subsection 2, 3 or 4, including, without limitation, reasonable inspection fees, notification and collection costs and interest, be charged against the unit. The association shall keep a record of such costs and interest charged against the unit and has a lien on the unit for any unpaid amount of the charges. The lien may be foreclosed under NRS 116.31162 to 116.31168, inclusive.

      6.  A lien described in subsection 5 bears interest from the date that the charges become due at a rate determined pursuant to NRS 17.130 until the charges, including all interest due, are paid.

      7.  Except as otherwise provided in this subsection, a lien described in subsection 5 is prior and superior to all liens, claims, encumbrances and titles other than the liens described in paragraphs (a) and (c) of subsection 2 of NRS 116.3116. If the federal regulations of the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association require a shorter period of priority for the lien, the period during which the lien is prior and superior to other security interests shall be determined in accordance with those federal regulations. Notwithstanding the federal regulations, the period of priority of the lien must not be less than the 6 months immediately preceding the institution of an action to enforce the lien.

      8.  A person who purchases or acquires a unit at a foreclosure sale pursuant to NRS 40.430 or a trustee’s sale pursuant to NRS 107.080 is bound by the governing documents of the association and shall maintain the exterior of the unit in accordance with the governing documents of the association. Such a unit may only be removed from a common-interest community in accordance with the governing documents pursuant to this chapter.

      9.  Notwithstanding any other provision of law, an association, its directors or members of the executive board, employees, agents or community manager who enter the grounds or interior of a unit pursuant to this section are not liable for trespass.

      10.  Nothing in this section gives rise to any rights or standing for a claim for a constructional defect made pursuant to NRS 40.600 to 40.695, inclusive.

      11.  As used in this section:

      (a) “Exterior of the unit” includes, without limitation, all landscaping outside of a unit, the exterior of all property exclusively owned by the unit owner and the exterior of all property that the unit owner is obligated to maintain pursuant to the declaration.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2268 (CHAPTER 361, AB 421)ê

 

the unit owner and the exterior of all property that the unit owner is obligated to maintain pursuant to the declaration.

      (b) “Remediation” does not include restoration.

      (c) “Vacant” means a unit:

             (1) Which reasonably appears to be unoccupied;

             (2) On which the owner has failed to maintain the exterior to the standards set forth in the governing documents of the association; and

             (3) On which the owner has failed to pay assessments for more than 60 days.

      Secs. 9 and 10. (Deleted by amendment.)

      Sec. 11.  1.  The provisions of NRS 40.645 and 40.650, as amended by sections 2 and 4 of this act, respectively, apply to a notice of constructional defect given on or after October 1, 2019.

      2.  The provisions of NRS 40.647, as amended by section 3 of this act, apply to an inspection conducted pursuant to NRS 40.6462 on or after October 1, 2019.

      3.  The provisions of NRS 40.655, as amended by section 5 of this act, apply to any claim for which a notice of constructional defect is given on or after October 1, 2019.

      4.  The period of limitations on actions set forth in NRS 11.202, as amended by section 7 of this act, apply retroactively to actions in which the substantial completion of the improvement to the real property occurred before October 1, 2019.

________

CHAPTER 362, AB 422

Assembly Bill No. 422–Committee on Judiciary

 

CHAPTER 362

 

[Approved: June 3, 2019]

 

AN ACT relating to criminal procedure; revising provisions relating to material witnesses; revising provisions relating to a court or officer issuing certain warrants for arrest if a person fails to appear as a witness; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a magistrate to require bail for a person who appears as a witness if such a person is material in a criminal proceeding and it is impracticable to secure the presence of the person by subpoena. (NRS 178.494) Section 2 of this bill prescribes certain requirements for making a determination whether a material witness should be detained or continue to be detained, including requiring the material witness to appear before a magistrate as soon as practicable but not later than 72 hours after being detained. Section 2: (1) requires a material witness who is a victim of domestic violence or sexual assault to appear before a judge or magistrate not later than 24 hours after being detained; (2) authorizes such a determination to be made by telephone for such material witnesses; and (3) requires the judge or magistrate to appoint an attorney for such a witness under certain circumstances.

      Existing law authorizes a court or officer to issue a warrant to arrest a witness upon the failure of the witness to appear. (NRS 50.205) Upon such an arrest, section 3 of this bill requires a court or officer to appoint an attorney to represent the witness. Section 3 also prescribes certain requirements for making a determination whether a witness should be detained or continue to be detained, including requiring the witness to appear before a court or officer as soon as practicable but not later than 72 hours after being detained.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2269 (CHAPTER 362, AB 422)ê

 

witness should be detained or continue to be detained, including requiring the witness to appear before a court or officer as soon as practicable but not later than 72 hours after being detained. Finally, section 3: (1) requires a witness who is a victim of domestic violence or sexual assault to appear before a court or officer not later than 24 hours after being detained; and (2) authorizes such a determination to be made by telephone for such witnesses.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 2. NRS 178.494 is hereby amended to read as follows:

      178.494  1.  If it appears by affidavit that the testimony of a person is material in any criminal proceeding and if it is shown that it may become impracticable to secure the person’s presence by subpoena, the magistrate may require bail for the person’s appearance as a witness, in an amount fixed by the magistrate. If the person fails to give bail the magistrate may:

      (a) Commit the person to the custody of a peace officer pending final disposition of the proceeding in which the testimony is needed;

      (b) Order the person’s release if the person has been detained for an unreasonable length of time; and

      (c) Modify at any time the requirement as to bail.

      2.  [Every] Except as otherwise provided in subsection 3, every person detained as a material witness must be brought before a judge or magistrate [within] as soon as practicable, but not later than 72 hours after the beginning of the detention. The judge or magistrate shall consider the least restrictive means to secure the person’s presence and make a determination whether:

      (a) The amount of bail required to be given by the material witness should be modified; and

      (b) The detention of the material witness should continue. If the court determines that detention of the material witness should continue, the court must make written findings stating why detention should continue.

      3.  A person detained as a material witness pursuant to this section who is a victim of domestic violence or sexual assault:

      (a) Must be brought before a judge or magistrate, as soon as practicable, but not later than 24 hours after the beginning of the detention:

      (b) May be detained or continue detention pursuant to a determination by telephone; and

      (c) Must have an attorney appointed by the judge or magistrate, who, to the extent practicable, shall participate in any determination regarding detention pursuant to this section.

[Ê]

      4. The judge or magistrate shall [set] :

      (a) Set a schedule for the periodic review of whether the amount of bail required should be modified and whether detention should continue [.] ; and

      (b) Schedule the case in which the material witness will testify to take place as soon as possible if substantial rights of the defendant are not prejudiced.

      5.  As used in this section:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2270 (CHAPTER 362, AB 422)ê

 

      (a) “Domestic violence” means the commission of any act described in NRS 33.018.

      (b) “Sexual assault” has the meaning ascribed to it in NRS 49.2543.

      Sec. 3. NRS 50.205 is hereby amended to read as follows:

      50.205  [In]

      1.  In case of failure of a witness to attend, the court or officer issuing the subpoena, upon proof of the service thereof and of the failure of the witness, may issue a warrant to the sheriff of the county to arrest the witness and bring the witness before the court or officer where the attendance of the witness was required.

      2.  Upon the arrest of a witness pursuant to subsection 1, the court or officer issuing the warrant shall appoint an attorney to represent the witness and provide the attorney:

      (a) With the last known contact information of the witness; and

      (b) Notice of every proceeding.

      3.  Except as otherwise provided in subsection 4, every witness detained pursuant to a warrant issued pursuant to this section must be brought before the court or officer as soon as practicable but not later than 72 hours after the beginning of the detention. The court or officer shall consider the least restrictive means to secure the presence of the witness and make a determination whether the detention of the witness should continue. If the court determines that the detention of the witness should continue, the court must make written findings stating why detention should continue.

      4.  A person detained as a witness pursuant to this section who is a victim of domestic violence or sexual assault:

      (a) Must be brought before the court or officer as soon as practicable but not later than 24 hours after the beginning of the detention;

      (b) May be detained or continue detention pursuant to a determination by telephone; and

      (c) To the extent practicable, must have the attorney appointed pursuant to subsection 2 participate in any determination pursuant to this section.

      5.  The court or officer shall:

      (a) Set a schedule for the periodic review of whether detention should continue; and

      (b) Schedule the case in which the witness will testify to take place as soon as possible if substantial rights of the defendant are not prejudiced.

      6.  As used in this section:

      (a) “Domestic violence” means the commission of any act described in NRS 33.018.

      (b) “Sexual assault” has the meaning ascribed to it in NRS 49.2543.

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2271ê

 

CHAPTER 363, AB 434

Assembly Bill No. 434–Committee on Judiciary

 

CHAPTER 363

 

[Approved: June 3, 2019]

 

AN ACT relating to offenses; revising provisions relating to imprisonment or community service ordered for a convicted person; establishing various provisions relating to the commission of certain traffic offenses; revising provisions relating to the payment of administrative assessments, fines and court fees and the collection of delinquent assessments, fines and fees; requiring any fine paid or forfeiture of bail by a person who commits certain offenses to be credited to the State Permanent School Fund; revising provisions relating to speeding violations; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a court to impose a collection fee against a defendant for any delinquent fine, administrative assessment, fee or restitution. Existing law authorizes a state or local entity that is responsible for collecting such a delinquent fine, administrative assessment, fee or restitution to take certain actions, including reporting the delinquency to credit reporting agencies and contracting with a licensed collection agency to collect the delinquent amount. Existing law also authorizes the court to take certain actions, including: (1) entering a civil judgment for the amount due in favor of the state or local entity responsible for collecting the delinquent amount; (2) requesting that a prosecuting attorney undertake collection of the delinquency by attachment or garnishment of the property of the defendant, wages or other money receivable; (3) ordering the suspension of the driver’s license of the defendant or prohibiting the defendant from applying for a driver’s license for a specified period; and (4) for a delinquent fine or administrative assessment, ordering the confinement of the person in the appropriate prison, jail or detention facility. (NRS 176.064)

      Section 1.3 of this bill revises provisions relating to the procedure for collecting such delinquent fines, administrative assessments, fees or restitution. Section 1.3 removes the ability of a state or local entity responsible for collecting a delinquent amount to report the delinquency to credit reporting agencies and provides that such a state or local entity may contract with a licensed collection agency to collect the delinquent amount if the defendant has been found guilty of the offense for which the fine, administrative assessment, fee or restitution was imposed. Section 1.3 also removes the ability of the court to request that a prosecuting attorney undertake collection of the delinquency. Section 1.3 additionally specifies that a court may only order the suspension of the driver’s license of a defendant or prohibit a defendant from applying for a driver’s license for a specified period if the court determines that the defendant: (1) has the ability to pay the amount due and is willfully avoiding payment; or (2) was given the opportunity to perform community service to satisfy the amount due because the defendant is indigent and the defendant has failed to perform such community service. Section 1.3 thereby authorizes a state or local entity responsible for collecting a delinquent amount to: (1) request that the court enter a civil judgment for the amount due in favor of the state or local entity, suspend the driver’s license of the defendant or prohibit the defendant from applying for a driver’s license in such specified circumstances and, for a delinquent fine or administrative assessment, if the court determines that the defendant has the ability to pay the amount due and is willfully avoiding payment, order the confinement of the defendant in the appropriate prison, jail or detention facility; and (2) contract with a licensed collection agency to collect the delinquent amount and the collection fee.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2272 (CHAPTER 363, AB 434)ê

 

      Existing law provides that if a person other than an indigent person is delinquent in the payment of an administrative assessment, fine or forfeiture, the court may order the person to be imprisoned for a period of 1 day for each $75 of the amount owed. (NRS 176.065, 176.075) Sections 1.7 and 2 of this bill increase the amount of credit received for each day of imprisonment to $150 and establish the circumstances in which a person is considered to be indigent. Sections 1.7 and 2 also authorize the imprisonment of an indigent person if he or she was provided with the opportunity to perform community service to satisfy the entire amount owed and failed to perform such community service.

      Existing law authorizes a court to order a convicted person to perform supervised community service in certain circumstances. (NRS 176.087) Section 3 of this bill provides that for each hour of community service performed by a person, the court is required to provide a credit of $10 or the amount of the state minimum wage if health insurance is not offered, whichever is greater, toward the payment of any fine that was imposed against the person for the commission of the offense for which community service was ordered.

      Section 5.1 of this bill establishes the intent of the Legislature to provide that the incarceration of a person for failing to appear in court or failing to pay any administrative assessment, fine or court fee imposed for the commission of a traffic violation should generally be disfavored unless failing to incarcerate such a person would substantially jeopardize public safety.

      Section 5.3 of this bill establishes a presumption that a person arrested for the commission of certain traffic violations should be released on his or her own recognizance, but also establishes the circumstances in which such a presumption does not apply.

      Section 5.5 of this bill provides that certain convictions for a traffic violation are not criminal convictions for the purpose of applying for employment, a professional license or any educational opportunities.

      Section 5.7 of this bill requires that a grace period of not less than 30 calendar days must be provided in certain circumstances to a person who has failed to appear in court or failed to pay any administrative assessment, fine or court fee imposed for certain traffic violations before a warrant can be issued for such a failure to appear or failure to pay. Section 5.8 of this bill prohibits a warrant from being issued for such a failure to pay unless the person has been provided with the opportunity to perform community service to satisfy the entire amount owed and has failed to perform such community service.

      Sections 1.3 and 5.9 of this bill require collection fees imposed for certain delinquent amounts owed by a defendant and certain fees assessed by a court to be assessed on a per case basis and not on a per charge basis.

      Section 6 of this bill provides that if a court imposes upon a person an administrative assessment, court fee or fine for a violation of any provision of chapters 484A to 484E, inclusive, of NRS, and the court allows any such administrative assessment, court fee or fine to be paid in installments, the payments must be applied first to the unpaid balance of an administrative assessment, then to the unpaid balance of a court fee and finally to the unpaid balance of a fine. Section 7 of this bill provides that if a traffic citation issued to a person contains more than one offense charged, or if a person has been issued more than one traffic citation that is outstanding, any payment made by the person must be applied to one offense or one citation, as applicable, in chronological order beginning with the citation that was issued first and in accordance with section 6, until all administrative assessments, court fees and fines due for the offense or citation are paid in full. Section 7 also generally provides that payments must be applied first to traffic violations and then to any violations that are not traffic violations. Section 7 further provides that payments must continue to be applied in such a manner until all administrative assessments, court fees and fines due for all offenses charged or all outstanding traffic citations are paid in full.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2273 (CHAPTER 363, AB 434)ê

 

      Section 8 of this bill establishes provisions relating to fees which courts authorize a defendant to pay in lieu of requiring the defendant to complete a course of traffic safety for the purpose of reducing the demerit points accumulated by the defendant and sets forth the purposes for which such money must be used.

      Existing law prohibits a local authority from enacting certain ordinances relating to traffic offenses. (NRS 484A.400) Section 9 of this bill provides that if a person commits any offense for which a local authority is prohibited from enacting an ordinance, any fine paid or forfeiture of bail by the person must be paid into the State Treasury for credit to the State Permanent School Fund.

      Existing law prohibits a person from driving or operating a vehicle at a rate of speed that exceeds the posted speed limit or is otherwise improper under the circumstances. (NRS 484B.600) Section 28 of this bill additionally prohibits a person from driving or operating a vehicle at a rate of speed that results in the injury of another person or of any property. Section 28 generally provides that if a person is issued a traffic citation for speeding, the court has the discretion to reduce the violation from a moving traffic violation to a violation that is not a moving traffic violation. Section 28 establishes a presumption in favor of reducing the violation if the person pays the entire amount of the fine and all fees due before the date on which the person is first required to make an appearance relating to the citation, but also provides that such a presumption can be overcome if the person’s driving record demonstrates a pattern of moving traffic violations. Section 28 also requires that any fine imposed for speeding, other than speeding that results in the injury of another person or of any property, must not exceed $20 for each mile per hour a person travels above the posted speed limit or the proper rate of speed at which the person should be traveling, as applicable.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 1.3. NRS 176.064 is hereby amended to read as follows:

      176.064  1.  If a fine, administrative assessment, fee or restitution is imposed upon a defendant pursuant to this chapter, whether or not the fine, administrative assessment, fee or restitution is in addition to any other punishment, and the fine, administrative assessment, fee or restitution or any part of it remains unpaid after the time established by the court for its payment, the defendant is liable for a collection fee, to be imposed by the court at the time it finds that the fine, administrative assessment, fee or restitution is delinquent, of:

      (a) Not more than $100, if the amount of the delinquency is less than $2,000.

      (b) Not more than $500, if the amount of the delinquency is $2,000 or greater, but is less than $5,000.

      (c) Ten percent of the amount of the delinquency, if the amount of the delinquency is $5,000 or greater.

      2.  A state or local entity that is responsible for collecting a delinquent fine, administrative assessment, fee or restitution may, in addition to attempting to collect the fine, administrative assessment, fee or restitution through any other lawful means, take any or all of the following actions:

      (a) [Report the delinquency to reporting agencies that assemble or evaluate information concerning credit.

      (b)] Request that the court take appropriate action pursuant to subsection 3.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2274 (CHAPTER 363, AB 434)ê

 

      [(c) Contract]

      (b) If the defendant has been found guilty of the offense for which the fine, administrative assessment, fee or restitution was imposed, contract with a collection agency licensed pursuant to NRS 649.075 to collect the delinquent amount and the collection fee. The collection agency must be paid as compensation for its services an amount not greater than the amount of the collection fee imposed pursuant to subsection 1, in accordance with the provisions of the contract.

      3.  The court may, on its own motion or at the request of a state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution, take any or all of the following actions, in the following order of priority if practicable:

      (a) Enter a civil judgment for the amount due in favor of the state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution. A civil judgment entered pursuant to this paragraph may be enforced and renewed in the manner provided by law for the enforcement and renewal of a judgment for money rendered in a civil action. If the court has entered a civil judgment pursuant to this paragraph and the person against whom the judgment is entered is not indigent and has not satisfied the judgment within the time established by the court, the person may be dealt with as for contempt of court.

      (b) [Request that a prosecuting attorney undertake collection of the delinquency, including, without limitation, the original amount of the civil judgment entered pursuant to paragraph (a) and the collection fee, by attachment or garnishment of the defendant’s property, wages or other money receivable.

      (c) Order] If the court determines that the defendant has the ability to pay the amount due and is willfully avoiding payment, or if the defendant was given the opportunity to perform community service to satisfy the amount due because the defendant is indigent and the defendant has failed to perform such community service, order the suspension of the driver’s license of the defendant. If the defendant does not possess a driver’s license, the court may prohibit the defendant from applying for a driver’s license for a specified period. If the defendant is already the subject of a court order suspending or delaying the issuance of the defendant’s driver’s license, the court may order the additional suspension or delay, as appropriate, to apply consecutively with the previous order. At the time the court issues an order suspending the driver’s license of a defendant pursuant to this paragraph, the court shall require the defendant to surrender to the court all driver’s licenses then held by the defendant. The court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles the licenses, together with a copy of the order. At the time the court issues an order pursuant to this paragraph delaying the ability of a defendant to apply for a driver’s license, the court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles a copy of the order. The Department of Motor Vehicles shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the defendant’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting.

      [(d)](c) For a delinquent fine or administrative assessment, if the court determines that the defendant has the ability to pay the amount due and is willfully avoiding payment, order the confinement of the [person] defendant in the appropriate prison, jail or detention facility, as provided in NRS 176.065 and 176.075.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2275 (CHAPTER 363, AB 434)ê

 

willfully avoiding payment, order the confinement of the [person] defendant in the appropriate prison, jail or detention facility, as provided in NRS 176.065 and 176.075.

      4.  Money collected from a collection fee imposed pursuant to subsection 1 must be distributed in the following manner:

      (a) Except as otherwise provided in paragraph (d), if the money is collected by or on behalf of a municipal court, the money must be deposited in a special fund in the appropriate city treasury. The city may use the money in the fund only to develop and implement a program for the collection of fines, administrative assessments, fees and restitution and to hire additional personnel necessary for the success of such a program.

      (b) Except as otherwise provided in paragraph (d), if the money is collected by or on behalf of a justice court or district court, the money must be deposited in a special fund in the appropriate county treasury. The county may use the money in the special fund only to:

             (1) Develop and implement a program for the collection of fines, administrative assessments, fees and restitution and to hire additional personnel necessary for the success of such a program; or

             (2) Improve the operations of a court by providing funding for:

                   (I) A civil law self-help center; or

                   (II) Court security personnel and equipment for a regional justice center that includes the justice courts of that county.

      (c) Except as otherwise provided in paragraph (d), if the money is collected by a state entity, the money must be deposited in an account, which is hereby created in the State Treasury. The Court Administrator may use the money in the account only to develop and implement a program for the collection of fines, administrative assessments, fees and restitution in this State and to hire additional personnel necessary for the success of such a program.

      (d) If the money is collected by a collection agency, after the collection agency has been paid its fee pursuant to the terms of the contract, any remaining money must be deposited in the state, city or county treasury, whichever is appropriate, to be used only for the purposes set forth in paragraph (a), (b) or (c) of this subsection.

      5.  Any collection fee imposed pursuant to subsection 1 must be assessed on a per case basis and not on a per charge basis. The provisions of this subsection must not be construed to apply to any credit card processing fees that are assessed solely for the purpose of recouping any costs incurred to process a credit card payment. As used in this subsection, “case” means a single complaint, citation, information or indictment naming a single defendant that is based on the same act or transaction or based on two or more acts or transactions connected together or constituting parts of a common scheme or plan.

      Sec. 1.7. NRS 176.065 is hereby amended to read as follows:

      176.065  1.  Except as otherwise provided in subsection 2, when a person is sentenced to both fine and imprisonment, or to pay a forfeiture in addition to imprisonment, the court may, pursuant to NRS 62B.420 or 176.064, order that the person be confined in the state prison, the city or county jail or a detention facility, whichever is designated in the person’s sentence of imprisonment, for an additional period of 1 day for each [$75] $150 of the amount until the administrative assessment and the fine or forfeiture are satisfied or the maximum term of imprisonment prescribed by law for the offense committed has elapsed, whichever is earlier, but the person’s eligibility for parole is governed only by the person’s sentence of imprisonment.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2276 (CHAPTER 363, AB 434)ê

 

$150 of the amount until the administrative assessment and the fine or forfeiture are satisfied or the maximum term of imprisonment prescribed by law for the offense committed has elapsed, whichever is earlier, but the person’s eligibility for parole is governed only by the person’s sentence of imprisonment.

      2.  The provisions of this section do not apply to indigent persons [.] unless an indigent person has been provided with the opportunity to perform community service to satisfy the entire amount owed and has failed to perform such community service. For the purposes of this subsection, a person is indigent if the person:

      (a) Receives public assistance, as that term is defined in NRS 422A.065;

      (b) Resides in public housing, as that term is defined in NRS 315.021; or

      (c) Has a household income that is less than 200 percent of the federally designated level signifying poverty.

      Sec. 2. NRS 176.075 is hereby amended to read as follows:

      176.075  1.  Except as otherwise provided in subsection 2, when a person is sentenced to pay a fine or forfeiture without an accompanying sentence of imprisonment, the court may, pursuant to NRS 62B.420 or 176.064, order that the person be confined in the city or county jail or detention facility for a period of not more than 1 day for each [$75] $150 of the amount until the administrative assessment and the fine or forfeiture are satisfied.

      2.  The provisions of this section do not apply to indigent persons [.] unless an indigent person has been provided with the opportunity to perform community service to satisfy the entire amount owed and has failed to perform such community service. For the purposes of this subsection, a person is indigent if the person:

      (a) Receives public assistance, as that term is defined in NRS 422A.065;

      (b) Resides in public housing, as that term is defined in NRS 315.021; or

      (c) Has a household income that is less than 200 percent of the federally designated level signifying poverty.

      Sec. 3. NRS 176.087 is hereby amended to read as follows:

      176.087  1.  Except where the imposition of a specific criminal penalty is mandatory, a court may order a convicted person to perform supervised community service:

      (a) In lieu of all or a part of any fine or imprisonment that may be imposed for the commission of a misdemeanor; or

      (b) As a condition of probation granted for another offense.

      2.  The community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents.

      3.  The court may require the convicted person to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the person performs the community service, unless, in the case of industrial insurance, it is provided by the authority for which the person performs the community service.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2277 (CHAPTER 363, AB 434)ê

 

      4.  The following conditions apply to any such community service imposed by the court:

      (a) The court must fix the period of community service that is imposed as punishment or a condition of probation and distribute the period over weekends or over other appropriate times that will allow the convicted person to continue employment and to care for the person’s family. The period of community service fixed by the court must not exceed, for a:

             (1) Misdemeanor, 200 hours;

             (2) Gross misdemeanor, 600 hours; or

             (3) Felony, 1,000 hours.

      (b) A supervising authority listed in subsection 2 must agree to accept the convicted person for community service before the court may require the convicted person to perform community service for that supervising authority. The supervising authority must be located in or be the town or city of the convicted person’s residence or, if that placement is not possible, one located within the jurisdiction of the court or, if that placement is not possible, the authority may be located outside the jurisdiction of the court.

      (c) Community service that a court requires pursuant to this section must be supervised by an official of the supervising authority or by a person designated by the authority.

      (d) The court may require the supervising authority to report periodically to the court or to a probation officer the convicted person’s performance in carrying out the punishment or condition of probation.

      5.  For each hour of community service that is performed by a person pursuant to this section, the court must provide a credit of $10 or the amount of the state minimum wage if health insurance is not offered, whichever is greater, toward the payment of any fine that was imposed against the person for the commission of the offense for which the person was ordered to perform community service.

      Sec. 4. (Deleted by amendment.)

      Sec. 5. Chapter 484A of NRS is hereby amended by adding thereto the provisions set forth as sections 5.1 to 9, inclusive, of this act.

      Sec. 5.1.The Legislature hereby finds and declares that the incarceration of a person for failing to appear in court or failing to pay any administrative assessment, fine or court fee imposed for the commission of a minor traffic violation should generally be disfavored unless a court determines that failing to incarcerate such a person would substantially jeopardize public safety.

      Sec. 5.3.1.  Except as otherwise provided in subsection 2, after a person is arrested for the commission of a traffic violation pursuant to chapters 484A to 484E, inclusive, of NRS, there is a presumption that the person should be released on his or her own recognizance.

      2.  The presumption established in subsection 1 does not apply if:

      (a) A person is arrested for:

             (1) Reckless driving in violation of NRS 484B.653;

             (2) Vehicular manslaughter in violation of NRS 484B.657; or

             (3) Driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance in violation of NRS 484C.110, 484C.120 or 488.410, as applicable; or

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2278 (CHAPTER 363, AB 434)ê

 

      (b) The court determines that a person is willfully refusing to satisfy any obligations imposed by the court, including, without limitation, willfully refusing to pay any amount owed or willfully refusing to perform community service.

      Sec. 5.5.1.  Notwithstanding any other provision of law, and except as otherwise provided in subsection 2, any conviction for a traffic violation pursuant to chapters 484A to 484E, inclusive, of NRS is not a criminal conviction for the purpose of applying for employment, a professional license or any educational opportunity.

      2.  The provisions of subsection 1 do not apply if a person is convicted of:

      (a) Reckless driving in violation of NRS 484B.653;

      (b) Vehicular manslaughter in violation of NRS 484B.657; or

      (c) Driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance in violation of NRS 484C.110, 484C.120 or 488.410, as applicable.

      Sec. 5.7.1.  Except as otherwise provided in subsection 2, and subject to the limitation imposed by section 5.8 of this act, a grace period of not less than 30 calendar days must be provided to a person who has failed to appear in court or failed to pay any administrative assessment, fine or court fee imposed upon the person for a violation of any provision of chapters 484A to 484E, inclusive, of NRS before a warrant can be issued for such a failure to appear or failure to pay.

      2.  The provisions of subsection 1 do not apply if:

      (a) The court determines that providing such a grace period would substantially jeopardize public safety;

      (b) The person was issued a traffic citation for:

             (1) Reckless driving in violation of NRS 484B.653;

             (2) Vehicular manslaughter in violation of NRS 484B.657; or

             (3) Driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance in violation of NRS 484C.110, 484C.120 or 488.410, as applicable; or

      (c) During the immediately preceding 30 calendar days, the person was released from custody and given a date to return to court but failed to appear in court.

      Sec. 5.8.If a person has failed to pay any administrative assessment, fine or court fee imposed upon the person for a violation of any provision of chapters 484A to 484E, inclusive, of NRS, a warrant must not be issued unless the person has been provided with the opportunity to perform community service to satisfy the entire amount due and has failed to perform such community service.

      Sec. 5.9. 1.  Any fee assessed by a court pursuant to chapters 484A to 484E, inclusive, of NRS that is not expressly authorized by statute or is not solely for the purpose of recovering any costs incurred relating to the participation of a person in a specialty court program must be assessed on a per case basis and not on a per charge basis. The provisions of this subsection must not be construed to apply to any credit card processing fees that are assessed solely for the purpose of recouping any costs incurred to process a credit card payment.

      2.  As used in this section:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2279 (CHAPTER 363, AB 434)ê

 

      (a) “Case” means a single complaint, citation, information or indictment naming a single defendant that is based on the same act or transaction or based on two or more acts or transactions connected together or constituting parts of a common scheme or plan.

      (b) “Specialty court program” means a program established by a court to facilitate testing, treatment and oversight of certain persons over whom the court has jurisdiction and who the court has determined suffer from a mental illness or who abuse alcohol or drugs or are homeless. Such a program includes, without limitation, a program established pursuant to NRS 176A.250 or 453.580.

      Sec. 6. In accordance with section 7 of this act and any provision of law that further specifies the order in which more than one administrative assessment, court fee or fine that is imposed upon a person must be paid, including, without limitation, NRS 176.0611 and 176.0613, if a court imposes upon a person an administrative assessment, court fee or fine for a violation of any provision of chapters 484A to 484E, inclusive, of NRS, and the court permits any such administrative assessment, court fee or fine to be paid in installments, the payments must be applied in the following order:

      1.  To pay the unpaid balance of an administrative assessment;

      2.  To pay the unpaid balance of a court fee; and

      3.  To pay the unpaid balance of a fine.

      Sec. 7. 1.  If a traffic citation that is issued to a person contains more than one offense charged, or if a person has been issued more than one traffic citation that is outstanding, any payment made by the person must be applied, in accordance with the provisions of subsection 3 and section 6 of this act, to one offense or one citation, as applicable, in chronological order beginning with the citation that was issued first until all administrative assessments, court fees and fines due for that offense or citation are paid in full.

      2.  Once all administrative assessments, court fees and fines due for an offense or citation are paid in full, any remaining portion of a payment made by a person must be applied to the next offense or citation, as applicable, until all administrative assessments, court fees and fines due for that offense or citation are paid in full.

      3.  Except as otherwise provided in this subsection, in addition to the manner in which payments must be applied pursuant to subsections 1 and 2, payments must be applied first to traffic violations and then to any violations that are not traffic violations. If the application of any payment pursuant to this subsection would conflict with the provisions of subsections 1 and 2, the requirement set forth in this subsection does not apply.

      4.  Payments made by a person must continue to be applied in the manner set forth in this section until all administrative assessments, court fees and fines due for all offenses charged or all outstanding traffic citations are paid in full.

      Sec. 8. 1.  Except as otherwise provided in this section, if a court authorizes a defendant who pleads guilty, guilty but mentally ill or nolo contendere to, or who is found guilty or guilty but mentally ill of, a violation of chapters 484A to 484E, inclusive, of NRS to pay a fee for the purpose of reducing demerit points, in lieu of requiring the defendant to complete a course of traffic safety for the purpose of reducing demerit points, the court must include the fee in the sentence, in addition to any other penalty or administrative assessment provided by law, and render a judgment against the defendant for the fee.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2280 (CHAPTER 363, AB 434)ê

 

points, the court must include the fee in the sentence, in addition to any other penalty or administrative assessment provided by law, and render a judgment against the defendant for the fee.

      2.  The money collected for the fee imposed pursuant to this section must not be deducted from any fine imposed by the court but must be collected from the defendant in addition to the fine. The money collected for such a fee must be stated separately on the court’s docket. If the court cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the fee remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay them. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of any amount of the fine or fee that the defendant has paid.

      3.  A court shall, if requested by a defendant, allow a fee imposed pursuant to this section to be paid in installments under terms established by the court.

      4.  The money collected for a fee pursuant to this section in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. On or before the 15th day of that month, the city treasurer shall deposit:

      (a) Twenty-five percent of the money received for each such fee with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator.

      (b) Seventy-five percent of the money received for each such fee in a special revenue fund. The city may use the money in the special revenue fund only to:

             (1) Fund local specialty court programs; or

             (2) Pay for upgrades to court information technology.

      5.  The money collected for a fee pursuant to this section in justice courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. On or before the 15th day of that month, the county treasurer shall deposit:

      (a) Twenty-five percent of the money received for each such fee with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator.

      (b) Seventy-five percent of the money received for each such fee in a special revenue fund. The county may use the money in the special revenue fund only to:

             (1) Fund local specialty court programs; or

             (2) Pay for upgrades to court information technology.

      6.  Money that is apportioned to a court from specialty courts fees pursuant to this section must be used by the court to:

      (a) Pay for any level of treatment, including, without limitation, psychiatric care, required for successful completion and testing of persons who participate in the program;

      (b) Pay for the transportation to and from the program of persons who participate in the program; and

      (c) Improve the operations of the specialty court program by any combination of:

             (1) Acquiring necessary capital goods;

             (2) Providing for personnel to staff and oversee the specialty court program;

             (3) Providing training and education to personnel;

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2281 (CHAPTER 363, AB 434)ê

 

             (4) Studying the management and operation of the program;

             (5) Conducting audits of the program;

             (6) Providing for prosecutor and public defender representation;

             (7) Acquiring or using appropriate technology;

             (8) Providing capital for building facilities necessary to house persons who participate in the program;

             (9) Providing funding for employment programs for persons who participate in the program; and

             (10) Providing funding for statewide public information campaigns necessary to deter driving under the influence of intoxicating liquor or a controlled substance.

      7.  As used in this section:

      (a) “Office of Court Administrator” means the Office of Court Administrator created by NRS 1.320; and

      (b) “Specialty court program” means a program established by a court to facilitate testing, treatment and oversight of certain persons over whom the court has jurisdiction and who the court has determined suffer from a mental illness or who abuse alcohol or drugs or are homeless. Such a program includes, without limitation, a program established pursuant to NRS 176A.250 or 453.580.

      Sec. 9. If a person commits any offense for which a local authority is prohibited from enacting an ordinance pursuant to subsection 3 of NRS 484A.400, any fine paid or forfeiture of bail by the person must be paid into the State Treasury for credit to the State Permanent School Fund.

      Sec. 10. (Deleted by amendment.)

      Sec. 10.5.NRS 484A.670 is hereby amended to read as follows:

      484A.670  1.  Regardless of the disposition of the charge for which a traffic citation was originally issued, it is unlawful for a person to:

      (a) Violate a written promise to appear in court given to a peace officer upon the issuance of a traffic citation prepared by the peace officer; or

      (b) Fail to appear at the time and place set forth in a notice to appear in court that is contained in a traffic citation prepared by a peace officer.

      2.  Except as otherwise provided in this subsection, a person may comply with a written promise to appear in court or a notice to appear in court by an appearance by counsel. A person who has been convicted of two or more moving traffic violations in unrelated incidents within a 12-month period and is subsequently arrested or issued a citation within that 12-month period shall appear personally in court with or without counsel.

      3.  [A] Except as otherwise provided in section 5.7 of this act, a warrant may issue upon a violation of a written promise to appear in court or a failure to appear at the time and place set forth in a notice to appear in court.

      Secs. 11-27. (Deleted by amendment.)

      Sec. 28. NRS 484B.600 is hereby amended to read as follows:

      484B.600  1.  It is unlawful for any person to drive or operate a vehicle of any kind or character at:

      (a) A rate of speed greater than is reasonable or proper, having due regard for the traffic, surface and width of the highway, the weather and other highway conditions.

      (b) Such a rate of speed as to endanger the life, limb or property of any person.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2282 (CHAPTER 363, AB 434)ê

 

      (c) A rate of speed greater than that posted by a public authority for the particular portion of highway being traversed.

      (d) A rate of speed that results in the injury of another person or of any property.

      (e) In any event, a rate of speed greater than 80 miles per hour.

      2.  If, while violating any provision of subsection 1, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian or a person riding a bicycle, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.

      3.  A person who violates any provision of subsection 1 may be subject to the additional penalty set forth in NRS 484B.130 or 484B.135.

      4.  Except as otherwise provided by law, if a person is issued a traffic citation for a violation of any provision of subsection 1, the court may, in its discretion, reduce the violation from a moving traffic violation to a violation that is not a moving traffic violation. There is a presumption in favor of reducing the violation if the person pays the entire amount of the fine and all fees due before the date on which the person is first required to make an appearance relating to the citation, whether by personal appearance or through his or her counsel, but such a presumption may be overcome if the driving record of the person demonstrates a pattern of moving traffic violations.

      5.  Any fine imposed pursuant to paragraph (a), (b), (c) or (e) of subsection 1 must not exceed $20 for each mile per hour a person travels above the posted speed limit or the proper rate of speed at which the person should be traveling, as applicable. The provisions of this subsection apply regardless of whether a person pays the entire amount of the fine and all fees due in accordance with subsection 4.

      Secs. 29-41. (Deleted by amendment.)

      Sec. 42.  The amendatory provisions of:

      1.  Sections 1.3 to 3, inclusive, of this act apply to any fine, administrative assessment, fee, restitution or forfeiture, as applicable, imposed before, on or after October 1, 2019.

      2.  Sections 5.1, 5.5, 5.7 and subsection 4 of section 28 of this act apply to offenses committed before, on or after October 1, 2019.

      3.  Section 5.3 of this act apply to offenses committed on or after October 1, 2019.

      4.  Section 5.8 of this act apply to offenses committed before October 1, 2019, if a warrant has not been issued on October 1, 2019.

      5.  Section 5.9 of this act apply to any fee assessed by the court on or after October 1, 2019.

      6.  Sections 6 and 7 of this act apply to any payments toward the unpaid balance of any administrative assessment, court fee or fine that are made by a person on or after October 1, 2019.

      7.  Section 8 of this act apply to offenses committed before October 1, 2019, if the person is sentenced on or after October 1, 2019.

      8.  Section 9 of this act apply to any fine paid or forfeiture of bail on or after October 1, 2019.

      9.  Subsection 5 of section 28 of this act apply to any fine imposed on or after October 1, 2019.

________

 

Link to Page 2283