[Rev. 12/20/2019 5:03:04 PM]

Link to Page 2624

 

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

ê2019 Statutes of Nevada, Page 2625ê

 

CHAPTER 421, AB 132

Assembly Bill No. 132–Assemblymen Neal, McCurdy and Flores

 

CHAPTER 421

 

[Approved: June 5, 2019]

 

AN ACT relating to employment; prohibiting the denial of employment because of the presence of marijuana in a screening test taken by a prospective employee with certain exceptions; authorizing an employee to rebut the results of a screening test under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes various unlawful employment practices. (Chapter 613 of NRS)

      Section 2 of this bill prohibits, with certain exceptions, an employer from denying employment to a prospective employee because the prospective employee has submitted to a drug screening test and the test indicates the presence of marijuana. Section 2 further provides that if an employer requires an employee to submit to a screening test within his or her first 30 days of employment, the employer is required to accept and give appropriate consideration to the results of an additional screening test to which the employee submitted at his or her own expense.

 

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.Chapter 613 of NRS is hereby amended by adding thereto a new section to read as follows:

      Except as otherwise specifically provided by law:

      1.  It is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of marijuana.

      2.  The provisions of subsection 1 do not apply if the prospective employee is applying for a position:

      (a) As a firefighter, as defined in NRS 450B.071;

      (b) As an emergency medical technician, as defined in NRS 450B.065;

      (c) That requires an employee to operate a motor vehicle and for which federal or state law requires the employee to submit to screening tests; or

      (d) That, in the determination of the employer, could adversely affect the safety of others.

      3.  If an employer requires an employee to submit to a screening test within the first 30 days of employment, the employee shall have the right to submit to an additional screening test, at his or her own expense, to rebut the results of the initial screening test. The employer shall accept and give appropriate consideration to the results of such a screening test.

      4.  The provisions of this section do not apply:

      (a) To the extent that they are inconsistent or otherwise in conflict with the provisions of an employment contract or collective bargaining agreement.

 


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

ê2019 Statutes of Nevada, Page 2626 (CHAPTER 421, AB 132)ê

 

      (b) To the extent that they are inconsistent or otherwise in conflict with the provisions of federal law.

      (c) To a position of employment funded by a federal grant.

      5.  As used in this section, “screening test” means a test of a person’s blood, urine, hair or saliva to detect the general presence of a controlled substance or any other drug.

      Secs. 3 and 3.5.  (Deleted by amendment.)

      Sec. 4.  This act becomes effective on January 1, 2020.

________

CHAPTER 422, AB 161

Assembly Bill No. 161–Assemblymen Hansen, Leavitt; Bilbray-Axelrod, Cohen, Edwards, Hardy, Kramer, Roberts, Swank, Titus and Watts

 

Joint Sponsor: Senator Scheible

 

CHAPTER 422

 

[Approved: June 5, 2019]

 

AN ACT relating to common-interest communities; prohibiting common-interest communities from restricting the ownership of pets by a unit’s owner under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the unit-owners’ association of a common-interest community to adopt bylaws and authorizes an association to amend such bylaws and to adopt rules and regulations concerning the community. (NRS 116.3102) Section 1 of this bill restricts an association from prohibiting a unit’s owner from keeping at least one pet within his or her residence, subject to the association’s reasonable restrictions on pet ownership in the common-interest community. Section 1 provides that a restriction on the ownership of a dangerous or vicious dog will be presumed to be a reasonable restriction on pet ownership. If an association adopts a provision in the governing documents or amends a provision in the governing documents restricting the number of pets kept by a unit’s owner, section 1 requires the provision to apply prospectively, prohibiting the association from restricting a unit’s owner from continuing to keep a pet that otherwise complied with the previous provisions of the governing documents. Section 1 provides that a prohibition on pet ownership may be contained in the original declaration of a common-interest community. Section 1 also provides that a prohibition on pet ownership contained in a provision of a governing document is valid and enforceable, if the prohibition is effective on or before October 1, 2019. Section 2 of this bill makes a conforming change.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 116 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsections 2, 3 and 4, the executive board of an association shall not and the governing documents of that association must not prohibit a unit’s owner from keeping at least one pet within such physical portion of the common-interest community as that owner has a right to occupy and use exclusively.

 


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

ê2019 Statutes of Nevada, Page 2627 (CHAPTER 422, AB 161)ê

 

within such physical portion of the common-interest community as that owner has a right to occupy and use exclusively.

      2.  This section does not preclude an association from adopting, and does not preclude the governing documents of the association from setting forth, reasonable restrictions on the ownership of pets by a unit’s owner. For the purpose of this subsection, it is presumed that a restriction on the ownership of a dangerous or vicious dog as defined in NRS 202.500 is a reasonable restriction on pet ownership.

      3.  If an association adopts a new provision or amends an existing provision of a governing document to restrict the number of pets kept by a unit’s owner, the provision must not prohibit a unit’s owner from continuing to keep his or her pet within such physical portion of the common-interest community as that owner has a right to occupy and use exclusively, if the pet otherwise conformed to the previous provisions of the governing documents.

      4.  The original declaration may prohibit a unit’s owner from keeping at least one pet within such physical portion of the common-interest community as that owner has a right to occupy and use exclusively. A declaration may not be amended to include such a prohibition.

      5.  Nothing in this section shall be construed to affect:

      (a) The validity and enforceability of a provision in a governing document prohibiting a unit’s owner from keeping at least one pet within such physical portion of the common-interest community as that owner has a right to occupy and use exclusively, if such a prohibition was effective on or before October 1, 2019.

      (b) Any other right provided by law to a unit’s owner concerning his or her right to keep a pet within such physical portion of the common-interest community as that owner has a right to occupy and use exclusively.

      6.  For purposes of this section:

      (a) “Governing documents” means:

             (1) The articles of incorporation, articles of association, articles of organization, certificate of registration, certificate of limited partnership, certificate of trust or other documents that are used to organize the association for the common-interest community;

             (2) The bylaws and rules of the association; and

             (3) Any other documents that govern the operation of the common-interest community or the association.

      (b) “Pet” means any domesticated bird, cat, dog or aquatic animal kept within an aquarium or other animal as agreed upon by the association and the unit’s owner.

      Sec. 2. NRS 116.1203 is hereby amended to read as follows:

      116.1203  1.  Except as otherwise provided in subsections 2 and 3, if a planned community contains no more than 12 units and is not subject to any developmental rights, it is subject only to NRS 116.1106 and 116.1107 unless the declaration provides that this entire chapter is applicable.

      2.  The provisions of NRS 116.12065 and the definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent that the definitions are necessary to construe any of those provisions, apply to a residential planned community containing more than 6 units.

      3.  Except for NRS 116.3104, 116.31043, 116.31046 and 116.31138, the provisions of NRS 116.3101 to 116.350, inclusive, and section 1 of this act, and the definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent that such definitions are necessary in construing any of those provisions, apply to a residential planned community containing more than 6 units.

 


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

ê2019 Statutes of Nevada, Page 2628 (CHAPTER 422, AB 161)ê

 

that such definitions are necessary in construing any of those provisions, apply to a residential planned community containing more than 6 units.

________

CHAPTER 423, AB 166

Assembly Bill No. 166–Assemblymen Tolles; and Roberts

 

Joint Sponsors: Senators Pickard and Spearman

 

CHAPTER 423

 

[Approved: June 5, 2019]

 

AN ACT relating to crimes; establishing the crime of advancing prostitution; revising the penalties for the crime of living from the earnings of a prostitute; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that any person who, without consideration, knowingly accepts, receives, levies or appropriates any money or other valuable thing from the proceeds of a prostitute is guilty of a category D felony. (NRS 201.320) Section 3 of this bill provides that a person who commits any such act is guilty of the crime of living from the earnings of a prostitute and shall be punished: (1) for a category C felony if physical force or the immediate threat of physical force is used in the commission of the crime; or (2) for a category D felony if no physical force or immediate threat of physical force is used in the commission of the crime.

      Section 1 of this bill establishes the crime of advancing prostitution and provides that a person who owns, leases, operates, controls or manages any business or private property is guilty of such a crime if the person: (1) knows or should know that illegal prostitution is being conducted at the business or upon such private property; (2) knows or should know that one or more prostitutes engaging in such illegal prostitution are victims of involuntary servitude; and (3) fails to take reasonable steps to abate such illegal prostitution within 30 days after the person knows or should know about such illegal prostitution. Unless a greater penalty is provided by specific statute, section 1 provides that a person who is guilty of advancing prostitution shall be punished for a category C felony.

      Sections 4-18 of this bill include a reference to the crime of advancing prostitution in each section of NRS that references the crime of living from the earnings of a prostitute.

 

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

      1.  A person who owns, leases, operates, controls or manages any business or private property and who:

      (a) Knows or should know that illegal prostitution is being conducted at the business or upon such private property;

 


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

ê2019 Statutes of Nevada, Page 2629 (CHAPTER 423, AB 166)ê

 

      (b) Knows or should know that one or more prostitutes engaging in such illegal prostitution are victims of involuntary servitude as described in NRS 200.463; and

      (c) Fails to take reasonable steps to abate such illegal prostitution within 30 days after the date on which the person knows the circumstances set forth in paragraphs (a) and (b),

Ê is guilty of advancing prostitution.

      2.  Unless a greater penalty is provided by specific statute, a person who is guilty of advancing prostitution shall be punished for a category C felony as provided in NRS 193.130.

      3.  For the purposes of this section, a person who owns, leases, operates, controls or manages any business or private property shall be deemed:

      (a) To know that illegal prostitution is being conducted at the business or upon the private property of the person if a law enforcement agency has notified the person who owns, leases, operates, controls or manages the business or private property, in writing, of at least three incidents of illegal prostitution that occurred at the business or upon the private property of the person within a period of 180 consecutive days.

      (b) To know that one or more prostitutes engaging in such illegal prostitution are victims of involuntary servitude as described in NRS 200.463 if, in light of all the surrounding facts and circumstances which are known to the person at the time, a reasonable person would believe, under those facts and circumstances, that one or more prostitutes engaging in such illegal prostitution are victims of involuntary servitude as described in NRS 200.463.

      (c) To have taken reasonable steps to abate such illegal prostitution if the person has:

             (1) Filed a report of such illegal prostitution with a law enforcement agency;

             (2) Allowed a law enforcement agency to conduct surveillance or an unrestricted undercover operation;

             (3) Promoted ongoing education about such illegal prostitution for employees; or

             (4) Used any other available legal means to abate such illegal prostitution.

      Sec. 2. NRS 201.295 is hereby amended to read as follows:

      201.295  As used in NRS 201.295 to 201.440, inclusive, and section 1 of this act, unless the context otherwise requires:

      1.  “Adult” means a person 18 years of age or older.

      2.  “Child” means a person less than 18 years of age.

      3.  “Induce” means to persuade, encourage, inveigle or entice.

      4.  “Prostitute” means a male or female person who for a fee, monetary consideration or other thing of value engages in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.

      5.  “Prostitution” means engaging in sexual conduct with another person in return for a fee, monetary consideration or other thing of value.

      6.  “Sexual conduct” means any of the acts enumerated in subsection 4.

      7.  “Transports” means to transport or cause to be transported, by any means of conveyance, into, through or across this State, or to aid or assist in obtaining such transportation.

 


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

ê2019 Statutes of Nevada, Page 2630 (CHAPTER 423, AB 166)ê

 

      Sec. 3. NRS 201.320 is hereby amended to read as follows:

      201.320  1.  A person who knowingly accepts, receives, levies or appropriates any money or other valuable thing, without consideration, from the proceeds of any prostitute, is guilty of [a category D felony] living from the earnings of a prostitute and shall be punished :

      (a) Where physical force or the immediate threat of physical force is used, for a category C felony as provided in NRS 193.130.

      (b) Where no physical force or immediate threat of physical force is used, for a category D felony as provided in NRS 193.130.

      2.  Any such acceptance, receipt, levy or appropriation of money or valuable thing upon any proceedings or trial for violation of this section is presumptive evidence of lack of consideration.

      Sec. 4. NRS 201.325 is hereby amended to read as follows:

      201.325  1.  In addition to any other penalty, the court may order a person convicted of a violation of any provision of NRS 201.300 or 201.320 or section 1 of this act to pay restitution to the victim as provided in subsection 2.

      2.  Restitution ordered pursuant to this section may include, without limitation:

      (a) The cost of medical and psychological treatment, including, without limitation, physical and occupational therapy and rehabilitation;

      (b) The cost of transportation, temporary housing and child care;

      (c) The return of property, the cost of repairing damaged property or the full value of the property if it is destroyed or damaged beyond repair;

      (d) Expenses incurred by a victim in relocating away from the defendant or his or her associates, if the expenses are verified by law enforcement to be necessary for the personal safety of the victim;

      (e) The cost of repatriation of the victim to his or her home country, if applicable; and

      (f) Any and all other losses suffered by the victim as a result of the violation of any provision of NRS 201.300 or 201.320 [.] or section 1 of this act.

      3.  The return of the victim to his or her home country or other absence of the victim from the jurisdiction does not prevent the victim from receiving restitution.

      4.  As used in this section, “victim” means any person:

      (a) Against whom a violation of any provision of NRS 201.300 or 201.320 or section 1 of this act has been committed; or

      (b) Who is the surviving child of such a person.

      Sec. 5. NRS 201.345 is hereby amended to read as follows:

      201.345  1.  The Attorney General has concurrent jurisdiction with the district attorneys of the counties in this State to prosecute any violation of NRS 201.300 or 201.320 [.] or section 1 of this act.

      2.  When acting pursuant to this section, the Attorney General may commence an investigation and file a criminal action without leave of court and the Attorney General has exclusive charge of the conduct of the prosecution.

      Sec. 6. NRS 201.350 is hereby amended to read as follows:

      201.350  It shall not be a defense to a prosecution for any of the acts prohibited in NRS 201.300 or 201.320 or section 1 of this act that any part of such act or acts shall have been committed outside this state, and the offense shall in such case be deemed and alleged to have been committed, and the offender tried and punished, in any county in which the prostitution was consummated, or any overt act in furtherance of the offense shall have been committed.

 


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

ê2019 Statutes of Nevada, Page 2631 (CHAPTER 423, AB 166)ê

 

      Sec. 7. NRS 201.351 is hereby amended to read as follows:

      201.351  1.  All assets derived from or relating to any violation of NRS 201.300 or 201.320 or section 1 of this act are subject to forfeiture pursuant to NRS 179.121 and a proceeding for their forfeiture may be brought pursuant to NRS 179.1156 to 179.121, inclusive.

      2.  In any proceeding for forfeiture brought pursuant to NRS 179.1156 to 179.121, inclusive, the plaintiff may apply for, and a court may issue without notice or hearing, a temporary restraining order to preserve property which would be subject to forfeiture pursuant to this section if:

      (a) The forfeitable property is in the possession or control of the party against whom the order will be entered; and

      (b) The court determines that the nature of the property is such that it can be concealed, disposed of or placed beyond the jurisdiction of the court before a hearing on the matter.

      3.  A temporary restraining order which is issued without notice may be issued for not more than 30 days and may be extended only for good cause or by consent. The court shall provide notice and hold a hearing on the matter before the order expires.

      4.  Any proceeds derived from a forfeiture of property pursuant to this section and remaining after the distribution required by subsection 1 of NRS 179.118 must be deposited with the county treasurer and distributed to programs for the prevention of child prostitution or for services to victims which are designated to receive such distributions by the district attorney of the county.

      Sec. 8. NRS 201.352 is hereby amended to read as follows:

      201.352  1.  If a person is convicted of a violation of subsection 2 of NRS 201.300 or NRS 201.320 [,] or section 1 of this act, the victim of the violation is a child when the offense is committed and physical force or violence or the immediate threat of physical force or violence is used upon the child, the court may, in addition to the term of imprisonment prescribed by statute for the offense and any fine imposed pursuant to subsection 2, impose a fine of not more than $500,000.

      2.  If a person is convicted of a violation of subsection 2 of NRS 201.300 or NRS 201.320 [,] or section 1 of this act, the victim of the offense is a child when the offense is committed and the offense also involves a conspiracy to commit a violation of subsection 2 of NRS 201.300 or NRS 201.320 [,] or section 1 of this act, the court may, in addition to the punishment prescribed by statute for the offense of a provision of subsection 2 of NRS 201.300 or NRS 201.320 or section 1 of this act and any fine imposed pursuant to subsection 1, impose a fine of not more than $500,000.

      3.  The provisions of subsections 1 and 2 do not create a separate offense but provide an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.

      Sec. 9. NRS 202.876 is hereby amended to read as follows:

      202.876  “Violent or sexual offense” means any act that, if prosecuted in this State, would constitute any of the following offenses:

      1.  Murder or voluntary manslaughter pursuant to NRS 200.010 to 200.260, inclusive.

      2.  Mayhem pursuant to NRS 200.280.

      3.  Kidnapping pursuant to NRS 200.310 to 200.340, inclusive.

      4.  Sexual assault pursuant to NRS 200.366.

      5.  Robbery pursuant to NRS 200.380.

 


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

ê2019 Statutes of Nevada, Page 2632 (CHAPTER 423, AB 166)ê

 

      6.  Administering poison or another noxious or destructive substance or liquid with intent to cause death pursuant to NRS 200.390.

      7.  Battery with intent to commit a crime pursuant to NRS 200.400.

      8.  Administering a drug or controlled substance to another person with the intent to enable or assist the commission of a felony or crime of violence pursuant to NRS 200.405 or 200.408.

      9.  False imprisonment pursuant to NRS 200.460 if the false imprisonment involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or a deadly weapon.

      10.  Assault with a deadly weapon pursuant to NRS 200.471.

      11.  Battery which is committed with the use of a deadly weapon or which results in substantial bodily harm as described in NRS 200.481 or battery which is committed by strangulation as described in NRS 200.481 or 200.485.

      12.  An offense involving pornography and a minor pursuant to NRS 200.710 or 200.720.

      13.  Intentional transmission of the human immunodeficiency virus pursuant to NRS 201.205.

      14.  Open or gross lewdness pursuant to NRS 201.210.

      15.  Lewdness with a child pursuant to NRS 201.230.

      16.  An offense involving pandering or sex trafficking in violation of NRS 201.300 or prostitution in violation of NRS 201.320 [.] or section 1 of this act.

      17.  Coercion pursuant to NRS 207.190, if the coercion involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or a deadly weapon.

      18.  An attempt, conspiracy or solicitation to commit an offense listed in this section.

      Sec. 10. NRS 207.360 is hereby amended to read as follows:

      207.360  “Crime related to racketeering” means the commission of, attempt to commit or conspiracy to commit any of the following crimes:

      1.  Murder;

      2.  Manslaughter, except vehicular manslaughter as described in NRS 484B.657;

      3.  Mayhem;

      4.  Battery which is punished as a felony;

      5.  Kidnapping;

      6.  Sexual assault;

      7.  Arson;

      8.  Robbery;

      9.  Taking property from another under circumstances not amounting to robbery;

      10.  Extortion;

      11.  Statutory sexual seduction;

      12.  Extortionate collection of debt in violation of NRS 205.322;

      13.  Forgery, including, without limitation, forgery of a credit card or debit card in violation of NRS 205.740;

      14.  Obtaining and using personal identifying information of another person in violation of NRS 205.463;

      15.  Establishing or possessing a financial forgery laboratory in violation of NRS 205.46513;

      16.  Any violation of NRS 199.280 which is punished as a felony;

      17.  Burglary;

 


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

ê2019 Statutes of Nevada, Page 2633 (CHAPTER 423, AB 166)ê

 

      18.  Grand larceny;

      19.  Bribery or asking for or receiving a bribe in violation of chapter 197 or 199 of NRS which is punished as a felony;

      20.  Battery with intent to commit a crime in violation of NRS 200.400;

      21.  Assault with a deadly weapon;

      22.  Any violation of NRS 453.232, 453.316 to 453.3395, inclusive, except a violation of NRS 453.3393, or NRS 453.375 to 453.401, inclusive;

      23.  Receiving or transferring a stolen vehicle;

      24.  Any violation of NRS 202.260, 202.275 or 202.350 which is punished as a felony;

      25.  Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;

      26.  Receiving, possessing or withholding stolen goods valued at $650 or more;

      27.  Embezzlement of money or property valued at $650 or more;

      28.  Obtaining possession of money or property valued at $650 or more, or obtaining a signature by means of false pretenses;

      29.  Perjury or subornation of perjury;

      30.  Offering false evidence;

      31.  Any violation of NRS 201.300, 201.320 or 201.360 [;] or section 1 of this act;

      32.  Any violation of NRS 90.570, 91.230 or 686A.290, or insurance fraud pursuant to NRS 686A.291;

      33.  Any violation of NRS 205.506, 205.920 or 205.930;

      34.  Any violation of NRS 202.445 or 202.446;

      35.  Any violation of NRS 205.377;

      36.  Involuntary servitude in violation of any provision of NRS 200.463 or 200.464 or a violation of any provision of NRS 200.465; or

      37.  Trafficking in persons in violation of any provision of NRS 200.467 or 200.468.

      Sec. 11. NRS 41.1399 is hereby amended to read as follows:

      41.1399  1.  Any person who is a victim of human trafficking may bring a civil action against any person who caused, was responsible for or profited from the human trafficking.

      2.  A civil action brought under this section may be instituted in the district court of this State in the county in which the prospective defendant resides or has committed any act which subjects him or her to liability under this section.

      3.  In an action brought under this section, the court may award such injunctive relief as the court deems appropriate.

      4.  A plaintiff who prevails in an action brought under this section may recover actual damages, compensatory damages, punitive damages or any other appropriate relief. If a plaintiff recovers actual damages in an action brought under this section and the acts of the defendant were willful and malicious, the court may award treble damages to the plaintiff. If the plaintiff prevails in an action brought under this section, the court may award attorney’s fees and costs to the plaintiff.

      5.  The statute of limitations for an action brought under this section does not commence until:

      (a) The plaintiff discovers or reasonably should have discovered that he or she is a victim of human trafficking and that the defendant caused, was responsible for or profited from the human trafficking;

 


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

ê2019 Statutes of Nevada, Page 2634 (CHAPTER 423, AB 166)ê

 

      (b) The plaintiff reaches 18 years of age; or

      (c) If the injury to the plaintiff results from two or more acts relating to the human trafficking, the final act in the series of acts has occurred,

Ê whichever is later.

      6.  The statute of limitations for an action brought under this section is tolled for any period during which the plaintiff was under a disability. For the purposes of this subsection, a plaintiff is under a disability if the plaintiff is insane, a person with an intellectual disability, mentally incompetent or in a medically comatose or vegetative state.

      7.  A defendant in an action brought under this section is estopped from asserting that the action was not brought within the statute of limitations if the defendant, or any person acting on behalf of the defendant, has induced the plaintiff to delay bringing an action under this section by subjecting the plaintiff to duress, threats, intimidation, manipulation or fraud or any other conduct inducing the plaintiff to delay bringing an action under this section.

      8.  In the discretion of the court in an action brought under this section:

      (a) Two or more persons may join as plaintiffs in one action if the claims of those plaintiffs involve at least one defendant in common.

      (b) Two or more persons may be joined in one action as defendants if those persons may be liable to at least one plaintiff in common.

      9.  The consent of a victim is not a defense to a cause of action brought under this section.

      10.  For the purposes of this section:

      (a) A victim of human trafficking is a person against whom a violation of any provision of NRS 200.463 to 200.468, inclusive, 201.300 or 201.320 [,] or section 1 of this act, or 18 U.S.C. § 1589, 1590 or 1591 has been committed.

      (b) It is not necessary that the defendant be investigated, arrested, prosecuted or convicted for a violation of any provision of NRS 200.463 to 200.468, inclusive, 201.300 or 201.320 [,] or section 1 of this act, or 18 U.S.C. § 1589, 1590 or 1591 to be found liable in an action brought under this section.

      Sec. 12. NRS 49.25425 is hereby amended to read as follows:

      49.25425  “Human trafficking” means a violation of any provision of NRS 200.463 to 200.468, inclusive, 201.300 or 201.320 or section 1 of this act or 18 U.S.C. § 1589, 1590 or 1591.

      Sec. 13. NRS 179.121 is hereby amended to read as follows:

      179.121  1.  All personal property, including, without limitation, any tool, substance, weapon, machine, computer, money or security, which is used as an instrumentality in any of the following crimes is subject to forfeiture:

      (a) The commission of or attempted commission of the crime of murder, robbery, kidnapping, burglary, invasion of the home, grand larceny or theft if it is punishable as a felony;

      (b) The commission of or attempted commission of any felony with the intent to commit, cause, aid, further or conceal an act of terrorism;

      (c) A violation of NRS 202.445 or 202.446;

      (d) The commission of any crime by a criminal gang, as defined in NRS 213.1263; or

      (e) A violation of NRS 200.463 to 200.468, inclusive, 201.300, 201.320, 202.265, 202.287, 205.473 to 205.513, inclusive, 205.610 to 205.810, inclusive, 370.380, 370.382, 370.395, 370.405, 465.070 to 465.086, inclusive, 630.400, 630A.600, 631.400, 632.285, 632.291, 632.315, 633.741, 634.227, 634A.230, 635.167, 636.145, 637.090, 637B.290, 639.100, 639.2813, 640.169, 640A.230, 644A.900 or 654.200 [.] or section 1 of this act.

 


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

ê2019 Statutes of Nevada, Page 2635 (CHAPTER 423, AB 166)ê

 

      2.  Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301 or 501.3857, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 202.287, 202.300 or 465.070 to 465.086, inclusive, are subject to forfeiture except that:

      (a) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony or violation;

      (b) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the owner’s knowledge, consent or willful blindness;

      (c) A conveyance is not subject to forfeiture for a violation of NRS 202.300 if the firearm used in the violation of that section was not loaded at the time of the violation; and

      (d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the felony. If a conveyance is forfeited, the appropriate law enforcement agency may pay the existing balance and retain the conveyance for official use.

      3.  For the purposes of this section, a firearm is loaded if:

      (a) There is a cartridge in the chamber of the firearm;

      (b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or

      (c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.

      4.  As used in this section, “act of terrorism” has the meaning ascribed to it in NRS 202.4415.

      Sec. 14. NRS 179D.0357 is hereby amended to read as follows:

      179D.0357  “Crime against a child” means any of the following offenses if the victim of the offense was less than 18 years of age when the offense was committed:

      1.  Kidnapping pursuant to NRS 200.310 to 200.340, inclusive, unless the offender is the parent or guardian of the victim.

      2.  False imprisonment pursuant to NRS 200.460, unless the offender is the parent or guardian of the victim.

      3.  Involuntary servitude of a child pursuant to NRS 200.4631, unless the offender is the parent or guardian of the victim.

      4.  An offense involving sex trafficking pursuant to subsection 2 of NRS 201.300 or prostitution pursuant to NRS 201.320 [.] or section 1 of this act.

      5.  An attempt to commit an offense listed in this section.

      6.  An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this section. This subsection includes, without limitation, an offense prosecuted in:

      (a) A tribal court.

      (b) A court of the United States or the Armed Forces of the United States.

      7.  An offense against a child committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as an offender who has committed a crime against a child because of the offense. This subsection includes, without limitation, an offense prosecuted in:

 


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

ê2019 Statutes of Nevada, Page 2636 (CHAPTER 423, AB 166)ê

 

      (a) A tribal court.

      (b) A court of the United States or the Armed Forces of the United States.

      (c) A court having jurisdiction over juveniles.

      Sec. 15. NRS 179D.115 is hereby amended to read as follows:

      179D.115  “Tier II offender” means an offender convicted of a crime against a child or a sex offender, other than a Tier III offender, whose crime against a child is punishable by imprisonment for more than 1 year or whose sexual offense:

      1.  If committed against a child, constitutes:

      (a) Luring a child pursuant to NRS 201.560, if punishable as a felony;

      (b) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation;

      (c) An offense involving sex trafficking pursuant to NRS 201.300 or prostitution pursuant to NRS 201.320 [;] or section 1 of this act;

      (d) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive; or

      (e) Any other offense that is comparable to or more severe than the offenses described in [42 U.S.C. § 16911(3);] 34 U.S.C. § 20911(3);

      2.  Involves an attempt or conspiracy to commit any offense described in subsection 1;

      3.  If committed in another jurisdiction, is an offense that, if committed in this State, would be an offense listed in this section. This subsection includes, without limitation, an offense prosecuted in:

      (a) A tribal court; or

      (b) A court of the United States or the Armed Forces of the United States; or

      4.  Is committed after the person becomes a Tier I offender if any of the person’s sexual offenses constitute an offense punishable by imprisonment for more than 1 year.

      Sec. 16. NRS 217.400 is hereby amended to read as follows:

      217.400  As used in NRS 217.400 to 217.475, inclusive, unless the context otherwise requires:

      1.  “Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

      2.  “Division” means the Division of Child and Family Services of the Department of Health and Human Services.

      3.  “Domestic violence” means:

      (a) The attempt to cause or the causing of bodily injury to a family or household member or the placing of the member in fear of imminent physical harm by threat of force.

      (b) Any of the following acts committed by a person against a family or household member, a person with whom he or she had or is having a dating relationship or with whom he or she has a child in common, or upon his or her minor child or a minor child of that person:

             (1) A battery.

             (2) An assault.

             (3) Compelling the other by force or threat of force to perform an act from which he or she has the right to refrain or to refrain from an act which he or she has the right to perform.

             (4) A sexual assault.

 


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

ê2019 Statutes of Nevada, Page 2637 (CHAPTER 423, AB 166)ê

 

             (5) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, without limitation:

                   (I) Stalking.

                   (II) Arson.

                   (III) Trespassing.

                   (IV) Larceny.

                   (V) Destruction of private property.

                   (VI) Carrying a concealed weapon without a permit.

             (6) False imprisonment.

             (7) Unlawful entry of the other’s residence, or forcible entry against the other’s will if there is a reasonably foreseeable risk of harm to the other from the entry.

      4.  “Family or household member” means a spouse, a former spouse, a parent or other adult person who is related by blood or marriage or is or was actually residing with the person committing the act of domestic violence.

      5.  “Participant” means an adult, child or incapacitated person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive.

      6.  “Victim of domestic violence” includes the dependent children of the victim.

      7.  “Victim of human trafficking” means a person who is a victim of:

      (a) Involuntary servitude as set forth in NRS 200.463 or 200.464.

      (b) A violation of any provision of NRS 200.465.

      (c) Trafficking in persons in violation of any provision of NRS 200.467 or 200.468.

      (d) Sex trafficking in violation of any provision of NRS 201.300.

      (e) A violation of NRS 201.320 [.] or section 1 of this act.

      8.  “Victim of sexual assault” means a person who has been sexually assaulted as defined in NRS 200.366 or a person upon whom a sexual assault has been attempted.

      9.  “Victim of stalking” means a person who is a victim of the crime of stalking or aggravated stalking as set forth in NRS 200.575.

      Sec. 17. NRS 217.520 is hereby amended to read as follows:

      217.520  “Victim of human trafficking” means a person who is a victim of:

      1.  Involuntary servitude as set forth in NRS 200.463 or 200.464.

      2.  A violation of any provision of NRS 200.465.

      3.  Trafficking in persons in violation of any provision of NRS 200.467 or 200.468.

      4.  Pandering in violation of any provision of NRS 201.300.

      5.  A violation of NRS 201.320 [.] or section 1 of this act.

      Sec. 18. NRS 432.157 is hereby amended to read as follows:

      432.157  1.  The Office of Advocate for Missing or Exploited Children is hereby created within the Office of the Attorney General. The Advocate for Missing or Exploited Children may be known as the Children’s Advocate.

      2.  The Attorney General shall appoint the Children’s Advocate. The Children’s Advocate is in the unclassified service of the State.

      3.  The Children’s Advocate:

      (a) Must be an attorney licensed to practice law in this state;

      (b) Shall advise and represent the Clearinghouse on all matters concerning missing or exploited children in this state; and

 


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

ê2019 Statutes of Nevada, Page 2638 (CHAPTER 423, AB 166)ê

 

      (c) Shall advocate the best interests of missing or exploited children before any public or private body.

      4.  The Children’s Advocate may:

      (a) Appear as an amicus curiae on behalf of missing or exploited children in any court in this state;

      (b) If requested, advise a political subdivision of this state concerning its duty to protect missing or exploited children;

      (c) Recommend legislation concerning missing or exploited children; and

      (d) Investigate and prosecute any alleged crime involving the exploitation of children, including, without limitation, sex trafficking in violation of subsection 2 of NRS 201.300 or a violation of NRS 201.320 [.] or section 1 of this act.

      5.  Upon request by the Children’s Advocate, a district attorney or local law enforcement agency in this state shall provide all information and assistance necessary to assist the Children’s Advocate in carrying out the provisions of this section.

      6.  The Children’s Advocate may apply for any available grants and accept gifts, grants, bequests, appropriations or donations to assist the Children’s Advocate in carrying out his or her duties pursuant to this section. Any money received by the Children’s Advocate must be deposited in the Special Account for the Support of the Office of Advocate for Missing or Exploited Children, which is hereby created in the State General Fund.

      7.  Interest and income earned on money in the Special Account must be credited to the Special Account.

      8.  Money in the Special Account may only be used for the support of the Office of Advocate for Missing or Exploited Children and its activities pursuant to subsection 2 of NRS 201.300, NRS 201.320 and 432.150 to 432.220, inclusive [.] , and section 1 of this act.

      9.  Money in the Special Account must remain in the Special Account and must not revert to the State General Fund at the end of any fiscal year.

      Sec. 19.  The amendatory provisions of this act apply to an offense committed on or after the effective date of this act.

      Sec. 20.  This act becomes effective upon passage and approval.

________

 


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

ê2019 Statutes of Nevada, Page 2639ê

 

CHAPTER 424, AB 232

Assembly Bill No. 232–Assemblymen Nguyen, Yeager, Monroe-Moreno, Benitez-Thompson; Carlton and Frierson

 

CHAPTER 424

 

[Approved: June 5, 2019]

 

AN ACT relating to hospitals; requiring certain hospitals to participate as a provider in the Medicare program; eliminating the designation of general hospitals; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Federal law requires a hospital that participates in Medicare to be primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic and therapeutic services or rehabilitation services. (42 U.S.C. § 1395x(e)(1)) Existing federal regulations also require such a hospital that has an emergency medical department to provide certain emergency medical care, regardless of whether the patient is eligible for Medicare benefits or has the ability to pay. (42 C.F.R. § 489.24) Section 2 of this bill requires each hospital, other than a psychiatric, rural or critical access hospital, to participate as a provider for Medicare. Therefore, each such hospital would be required to: (1) be primarily engaged in providing diagnostic and therapeutic services or rehabilitation services to inpatients; and (2) if the hospital has an emergency medical department, provide certain emergency medical care. Section 21 of this bill exempts an existing hospital from those requirements until July 1, 2021. Sections 3-8, 10 and 11 of this bill make conforming changes.

      Existing law provides for the designation of a hospital that offers services in at least medical, surgical and obstetric categories as a general hospital. (NRS 449.202) Section 9 of this bill eliminates this designation. Sections 1 and 12-20 of this bill make conforming changes to remove references to general hospitals. By removing that designation, certain provisions will apply to all hospitals. Specifically, those provisions concern: (1) the referral of a patient to certain surgical hospitals in which the referring physician has an ownership interest; (2) state assistance to publicly owned hospitals; and (3) the provision of inpatient care to persons with a mental illness or an intellectual disability and the responsibility to pay for certain care provided to such persons.

 

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 439B.425 is hereby amended to read as follows:

      439B.425  1.  Except as otherwise provided in this section, a practitioner shall not refer a patient, for a service or for goods related to health care, to a health facility, medical laboratory, diagnostic imaging or radiation oncology center or commercial establishment in which the practitioner has a financial interest.

      2.  Subsection 1 does not apply if:

      (a) The service or goods required by the patient are not otherwise available within a 30-mile radius of the office of the practitioner;

      (b) The service or goods are provided pursuant to a referral to a practitioner who is participating in the health care plan of a health maintenance organization that has been issued a certificate of authority pursuant to chapter 695C of NRS;

 


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

ê2019 Statutes of Nevada, Page 2640 (CHAPTER 424, AB 232)ê

 

      (c) The practitioner is a member of a group practice and the referral is made to that group practice;

      (d) The referral is made to a surgical center for ambulatory patients, as defined in NRS 449.019, that is licensed pursuant to chapter 449 of NRS;

      (e) The referral is made by:

             (1) A urologist for lithotripsy services; or

             (2) A nephrologist for services and supplies for a renal dialysis;

      (f) The financial interest represents an investment in a corporation that has shareholder equity of more than $100,000,000, regardless of whether the securities of the corporation are publicly traded; or

      (g) The referral is made by a physician to a surgical hospital in which the physician has an ownership interest and:

             (1) The surgical hospital is:

                   (I) Located in a county whose population is less than 100,000; and

                   (II) Licensed pursuant to chapter 449 of NRS as a surgical hospital and not as a medical hospital, obstetrical hospital, combined-categories hospital [, general hospital] or center for the treatment of trauma;

             (2) The physician making the referral:

                   (I) Is authorized to perform medical services and has staff privileges at the surgical hospital; and

                   (II) Has disclosed the physician’s ownership interest in the surgical hospital to the patient before making the referral;

             (3) The ownership interest of the physician making the referral pertains to the surgical hospital in its entirety and is not limited to a department, subdivision or other portion of the hospital;

             (4) Every physician who has an ownership interest in the surgical hospital has agreed to treat patients receiving benefits pursuant to Medicaid and Medicare;

             (5) The terms of investment of each physician who has an ownership interest in the surgical hospital are not related to the volume or value of any referrals made by that physician;

             (6) The payments received by each investor in the surgical hospital as a return on his or her investment are directly proportional to the relative amount of capital invested or shares owned by the investor in the hospital;

             (7) None of the investors in the surgical hospital has received any financial assistance from the hospital or any other investor in the hospital for the purpose of investing in the hospital; and

             (8) Either:

                   (I) The governing body of every other hospital that regularly provides surgical services to residents of the county in which the surgical hospital is located has issued its written general consent to the referral by such physicians of patients to that surgical hospital; or

                   (II) The board of county commissioners of the county in which the surgical hospital is located has issued a written declaration of its reasonable belief that the referral by such physicians of patients to that surgical hospital will not, during the 5-year period immediately following the commencement of such referrals, have a substantial adverse financial effect on any other hospital that regularly provides surgical services to residents of that county.

      3.  A person who violates the provisions of this section is guilty of a misdemeanor.

 


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

ê2019 Statutes of Nevada, Page 2641 (CHAPTER 424, AB 232)ê

 

      4.  The provisions of this section do not prohibit a practitioner from owning and using equipment in his or her office solely to provide to his or her patients services or goods related to health care.

      5.  As used in this section:

      (a) “Group practice” means two or more practitioners who organized as a business entity in accordance with the laws of this state to provide services related to health care, if:

             (1) Each member of the group practice provides substantially all of the services related to health care that he or she routinely provides, including, without limitation, medical care, consultations, diagnoses and treatment, through the joint use of shared offices, facilities, equipment and personnel located at any site of the group practice;

             (2) Substantially all of the services related to health care that are provided by the members of the group practice are provided through the group practice; and

             (3) No member of the group practice receives compensation based directly on the volume of any services or goods related to health care which are referred to the group practice by that member.

      (b) “Patient” means a person who consults with or is examined or interviewed by a practitioner or health facility for purposes of diagnosis or treatment.

      (c) “Substantial adverse financial effect” includes, without limitation, a projected decline in the revenue of a hospital as a result of the loss of its surgical business, which is sufficient to cause a deficit in any cash balances, fund balances or retained earnings of the hospital.

      Sec. 2. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:

      A hospital, other than a psychiatric hospital, critical access hospital or rural hospital, shall enter into an agreement with the United States Secretary of Health and Human Services pursuant to 42 U.S.C. § 1395dd to accept payment through Medicare.

      Sec. 3. NRS 449.029 is hereby amended to read as follows:

      449.029  As used in NRS 449.029 to 449.240, inclusive, and section 2 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. 4. NRS 449.0301 is hereby amended to read as follows:

      449.0301  The provisions of NRS 449.029 to 449.2428, inclusive, and section 2 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.

 


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

ê2019 Statutes of Nevada, Page 2642 (CHAPTER 424, AB 232)ê

 

      Sec. 5. NRS 449.089 is hereby amended to read as follows:

      449.089  1.  Each license issued pursuant to NRS 449.029 to 449.2428, inclusive, and section 2 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 section 2 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.

      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. 6. NRS 449.119 is hereby amended to read as follows:

      449.119  “Facility, hospital, agency, program or home” means an agency to provide personal care services in the home, an employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities 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 peer support recovery organization, a residential facility for groups, a program of hospice care, a home for individual residential care, a facility for the care of adults during the day, a facility for hospice care, a nursing pool, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5, a hospital that provides swing-bed services as described in 42 C.F.R. § 482.58 or, if residential services are provided to children, a medical facility or facility for the treatment of abuse of alcohol or drugs.

 


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

ê2019 Statutes of Nevada, Page 2643 (CHAPTER 424, AB 232)ê

 

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.

      Sec. 7. NRS 449.160 is hereby amended to read as follows:

      449.160  1.  The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.029 to 449.2428, inclusive, and section 2 of this act upon any of the following grounds:

      (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.029 to 449.245, inclusive, and section 2 of this act or of any other law of this State or of the standards, rules and regulations adopted thereunder.

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

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

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

      (e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and section 2 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.

      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.

 


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

ê2019 Statutes of Nevada, Page 2644 (CHAPTER 424, AB 232)ê

 

      Sec. 8. NRS 449.163 is hereby amended to read as follows:

      449.163  1.  In addition to the payment of the amount required by NRS 449.0308, if a medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and section 2 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 section 2 of this act, or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.

      4.  Any money collected as administrative penalties pursuant to paragraph (d) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and section 2 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.

      Sec. 9. NRS 449.202 is hereby amended to read as follows:

      449.202  [1.]  A hospital which provides only one or two of the following categories of service:

      [(a)]1.  Medical;

      [(b)]2.  Surgical;

      [(c)]3.  Obstetrical; or

      [(d)]4.  Psychiatric,

Ê shall be designated a medical hospital, surgical hospital, obstetrical hospital or psychiatric hospital or combined-categories hospital, as the case may be.

 


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

ê2019 Statutes of Nevada, Page 2645 (CHAPTER 424, AB 232)ê

 

      [2.  When a hospital offers services in medical, surgical and obstetrical categories, as a minimum, it shall be designated a general hospital.]

      Sec. 10. NRS 449.220 is hereby amended to read as follows:

      449.220  1.  The Division may bring an action in the name of the State to enjoin any person, state or local government unit or agency thereof from operating or maintaining any facility within the meaning of NRS 449.029 to 449.2428, inclusive [:] , and section 2 of this act:

      (a) Without first obtaining a license therefor; or

      (b) After his or her license has been revoked or suspended by the Division.

      2.  It is sufficient in such action to allege that the defendant did, on a certain date and in a certain place, operate and maintain such a facility without a license.

      Sec. 11. NRS 449.240 is hereby amended to read as follows:

      449.240  The district attorney of the county in which the facility is located shall, upon application by the Division, institute and conduct the prosecution of any action for violation of any provisions of NRS 449.029 to 449.245, inclusive [.] , and section 2 of this act.

      Sec. 12. NRS 449.400 is hereby amended to read as follows:

      449.400  1.  In order to provide state assistance for construction projects for publicly owned [general] hospitals, hospitals for the chronically ill and impaired, facilities for persons with intellectual disabilities, community mental health facilities, diagnostic or diagnostic and treatment centers, rehabilitation facilities, nursing homes and other facilities financed in part by federal funds in accordance with NRS 449.250 to 449.430, inclusive, and to promote maximum utilization of federal funds available for such projects, there is hereby created in the State Treasury a nonreverting trust fund to be known as the State Public Health Facilities Construction Assistance Fund. Money for the Fund may be provided from time to time by legislative appropriation.

      2.  The State Public Health Facilities Construction Assistance Fund must be administered by the State Department in accordance with the purposes and provisions of NRS 449.250 to 449.430, inclusive.

      Sec. 13. NRS 449.410 is hereby amended to read as follows:

      449.410  1.  Money in the State Public Health Facilities Construction Assistance Fund must be used to supplement money from the Federal Government and money provided by the sponsor of a project for approved projects for the construction of publicly owned [general] hospitals, hospitals for the chronically ill or impaired, facilities for persons with intellectual disabilities, community mental health facilities, diagnostic or diagnostic and treatment centers, rehabilitation facilities, nursing homes and other facilities financed in part by federal funds pursuant to NRS 449.250 to 449.430, inclusive, and for no other purpose or purposes.

      2.  Applications for state assistance for construction projects must be submitted to the State Department for consideration in the manner prescribed in NRS 449.250 to 449.430, inclusive, for applications for federal assistance.

      3.  No project is entitled to receive state assistance unless it is entitled to receive federal assistance.

      Sec. 14. NRS 433.334 is hereby amended to read as follows:

      433.334  The Division may, by contract with [general] hospitals or other institutions having adequate facilities in the State of Nevada, provide for inpatient care of consumers with mental illness.

 


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

ê2019 Statutes of Nevada, Page 2646 (CHAPTER 424, AB 232)ê

 

      Sec. 15. NRS 433A.680 is hereby amended to read as follows:

      433A.680  The expense of diagnostic, medical and surgical services furnished to a consumer admitted to a division facility by a person not on the staff of the facility, whether rendered while the consumer is in a [general] hospital, an outpatient of a [general] hospital or treated outside any hospital, must be paid by the consumer, the guardian or relatives responsible pursuant to NRS 433A.610 for the consumer’s care. In the case of an indigent consumer or a consumer whose estate is inadequate to pay the expenses, the expenses must be charged to the county from which the admission to the division facility was made, if the consumer had, before admission, been a resident of that county. The expense of such diagnostic, medical and surgical services must not in any case be a charge against or paid by the State of Nevada, except when in the opinion of the administrative officer of the division mental health facility to which the consumer is admitted payment should be made for nonresident indigent consumers and money is authorized pursuant to NRS 433.374 or 433B.230 and the money is authorized in approved budgets.

      Sec. 16. NRS 433B.210 is hereby amended to read as follows:

      433B.210  The Division may:

      1.  By contract with [general] hospitals or other institutions having adequate facilities in this State, provide for inpatient care of consumers with mental illness.

      2.  Contract with appropriate persons professionally qualified in the field of psychiatric mental health to provide inpatient and outpatient care for children with mental illness when it appears that they can be treated best in that manner.

      Sec. 17. NRS 435.085 is hereby amended to read as follows:

      435.085  The administrative officer of a division facility may authorize the transfer of a person with an intellectual disability or a person with a developmental disability to a [general] hospital for necessary diagnostic, medical or surgical services not available within the Division. All expenses incurred under this section must be paid as follows:

      1.  In the case of a person with an intellectual disability or person with a developmental disability who is judicially committed, the expenses must be paid by the person’s parents or guardian to the extent of their reasonable financial ability as determined by the Administrator, and the remainder, if any, is a charge upon the county of the last known residence of the person with an intellectual disability or the person with a developmental disability;

      2.  In the case of a person with an intellectual disability or a person with a developmental disability admitted to a division facility pursuant to NRS 435.010, 435.020 and 435.030, the expenses are a charge upon the county from which a certificate was issued pursuant to subsection 2 of NRS 435.030; and

      3.  In the case of a person with an intellectual disability or a person with a developmental disability admitted to a division facility upon voluntary application as provided in NRS 435.081, the expenses must be paid by the parents or guardian to the extent of their reasonable financial ability as determined by the Administrator, and for the remainder, if any, the Administrator shall explore all reasonable alternative sources of payment.

      Sec. 18. NRS 435.455 is hereby amended to read as follows:

      435.455  The Division may, by contract with [general] hospitals or other institutions having adequate facilities in the State of Nevada, provide for inpatient care of persons with intellectual disabilities or persons with developmental disabilities.

 


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

ê2019 Statutes of Nevada, Page 2647 (CHAPTER 424, AB 232)ê

 

      Sec. 19. NRS 435.670 is hereby amended to read as follows:

      435.670  The expense of diagnostic, medical and surgical services furnished to a consumer admitted to a division facility by a person not on the staff of the facility, whether rendered while the consumer is in a [general] hospital, an outpatient of a [general] hospital or treated outside any hospital, must be paid by the consumer, the guardian or relatives responsible pursuant to NRS 435.655 for the consumer’s care. In the case of an indigent consumer or a consumer whose estate is inadequate to pay the expenses, the expenses must be charged to the county from which the admission to the division facility was made, if the consumer had, before admission, been a resident of that county. The expense of such diagnostic, medical and surgical services must not in any case be a charge against or paid by the State of Nevada, except when, in the opinion of the administrative officer of the division facility to which the consumer is admitted, payment should be made for nonresident indigent consumers and money is authorized pursuant to NRS 435.475 and the money is authorized in approved budgets.

      Sec. 20. NRS 633.061 is hereby amended to read as follows:

      633.061  “Hospital internship” means a 1-year internship in a [general] hospital conforming to the minimum standards for intern training established by the American Osteopathic Association.

      Sec. 21.  1.  Notwithstanding the provisions of section 2 of this act, a hospital operating on the effective date of this act that is subject to the requirements of that section is exempt from those requirements with respect to that hospital until July 1, 2021. Any additional facility operated by such a hospital at another location that commences operation after the effective date of this act must comply with the requirements of section 2 of this act.

      2.  A hospital described in subsection 1 shall:

      (a) Apply to the United States Secretary of Health and Human Services to enter into an agreement required by that section on or before July 1, 2021; and

      (b) Enter into such an agreement as soon as practicable after that date.

      3.  As used in this section, “hospital” has the meaning ascribed to it in NRS 449.012.

      Sec. 22.  The Legislative Counsel shall:

      1.  In preparing the Nevada Revised Statutes, use the authority set forth in subsection 10 of NRS 220.120 to remove any references to the term “general hospital”; and

      2.  In preparing supplements to the Nevada Administrative Code, appropriately remove any references to the term “general hospital.”

      Sec. 23.  This act becomes effective upon passage and approval.

________

 


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

ê2019 Statutes of Nevada, Page 2648ê

 

CHAPTER 425, AB 244

Assembly Bill No. 244–Assemblyman Kramer

 

CHAPTER 425

 

[Approved: June 5, 2019]

 

AN ACT relating to taxation; authorizing the board of trustees of a school district under specified circumstances to adopt a resolution establishing the formation of an advisory committee to recommend the imposition of a property tax to fund the capital projects of the school district; authorizing the board of trustees of a school district to transmit the recommendations of such a committee to the board of county commissioners; authorizing the board of county commissioners to submit a question to the voters at the next general election asking whether the recommended tax should be imposed in the county; requiring the board of county commissioners to adopt an ordinance imposing any such tax that is approved by the voters; providing for the use of the proceeds of such tax for certain school purposes; providing for the prospective expiration of the authority of a board of trustees to establish such a committee; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      During the 2015 Legislative Session, the Legislature enacted Senate Bill No. 411, which authorized the board of trustees of certain school districts to establish by resolution a Public Schools Overcrowding and Repair Needs Committee to recommend the imposition of certain taxes for consideration by the voters at the 2016 General Election to fund the capital projects of the school district. The authority to establish such a Committee expired by limitation on April 2, 2016.

      Section 1 of this bill authorizes the board of trustees of certain school districts to establish by resolution an advisory committee to recommend a property tax for consideration by the voters at a general election held not later than the November 8, 2022, General Election, to fund the capital projects of the school district. Under this bill, an advisory committee may not be established by the board of trustees of a school district which established a Public Schools Overcrowding and Repair Needs Committee, which is located in a county authorized to impose for the benefit of the school district a tax on residential construction, or which is located in a county in which there is imposed for the benefit of the school district a tax on the gross receipts from the rental of transient lodging or a tax on transfers of real property, or both.

      Sections 2 and 3.5 of this bill provide that if such an advisory committee is established, the advisory committee may recommend that an additional property tax be imposed in the county for the benefit of the school district. The recommendations of the advisory committee must specify the rate of the tax and the period during which the recommended tax will be imposed. If the advisory committee submits its recommendations to the board of trustees of the school district by April 2, 2022, the board of trustees is authorized to transmit the recommendations to the board of county commissioners. The board of county commissioners is authorized to submit a question to the voters at the next general election asking whether the tax recommended by the advisory committee should be imposed in the county. If a majority of the voters approve the question, the board of county commissioners is required to impose the approved tax at the rate and for the period specified in the question submitted to the voters. If a majority of the voters approve the imposition of the additional property tax, the additional rate is exempt from the partial abatement of property taxes on certain property and the requirement that taxes ad valorem not exceed $3.64 on each $100 of assessed valuation.

 


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

ê2019 Statutes of Nevada, Page 2649 (CHAPTER 425, AB 244)ê

 

      Section 4 of this bill provides that the proceeds resulting from the imposition of the additional property tax: (1) must be deposited in the fund for capital projects of the school district; and (2) may be pledged to the payment of the principal and interest on bonds or other obligations issued for certain school purposes.

      Section 5 of this bill provides that the provisions of this bill authorizing the board of trustees of a school district to establish such an advisory committee expire by limitation on April 2, 2022.

 

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 board of trustees of a school district, other than a school district which established a Public Schools Overcrowding and Repair Needs Committee pursuant to section 1 of chapter 425, Statutes of Nevada 2015, at page 2444, which is located in a county not authorized to impose a residential construction tax pursuant to NRS 387.331 for the benefit of the school district, or which is located in a county in which there is imposed for the benefit of the school district a tax on the gross receipts from the rental of transient lodging or a tax on transfers of real property pursuant to chapter 375 of NRS, or both, may, by resolution, establish an advisory committee to recommend the imposition of the tax described in section 3.5 of this act for consideration by the voters at a general election to fund the capital projects of the school district. If such a resolution is adopted, the board of trustees shall appoint the members of the advisory committee, consisting of persons who represent a variety of interests within the community, including, without limitation, seniors, veterans, low-income persons, businesses and realtors.

      2.  The members appointed pursuant to subsection 1 must be residents of the county.

      3.  Any vacancy occurring in the membership of an advisory committee established pursuant to subsection 1 must be filled not later than 30 days after the vacancy occurs.

      4.  If an advisory committee is established pursuant to subsection 1, the advisory committee shall hold its first meeting upon the call of the superintendent of schools of the school district as soon as practicable after the appointments are made pursuant to subsection 1. At the first meeting of the advisory committee, the members of the advisory committee shall elect a chair.

      5.  A majority of an advisory committee established pursuant to subsection 1 constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the advisory committee.

      6.  If an advisory committee is established pursuant to subsection 1, the superintendent of schools of the school district shall provide administrative support to the advisory committee.

      Sec. 2.  1.  If an advisory committee is established pursuant to subsection 1 of section 1 of this act, such an advisory committee shall, on or before April 2, 2022:

      (a) Prepare recommendations for the imposition of the tax described in section 3.5 of this act in the county to provide funding for the school district for the purposes set forth in subsection 1 of NRS 387.335. The recommendations must specify the proposed rate of the recommended tax and the period during which the recommended tax will be imposed.

 


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

ê2019 Statutes of Nevada, Page 2650 (CHAPTER 425, AB 244)ê

 

      (b) Submit the recommendations to the board of trustees of the school district which established the advisory committee. The board of trustees may submit the recommendations of the advisory committee to the board of county commissioners of the county in which the school district is located.

      2.  Upon the receipt of recommendations pursuant to subsection 1, the board of county commissioners may, at the next general election following the receipt of the recommendations, submit a question to the voters of the county asking whether the recommended tax should be imposed in the county. The question submitted to the voters of the county must specify the proposed rate of the tax and the period during which the recommended tax will be imposed. The question submitted to the voters pursuant to this subsection must state that any such tax imposed is exempt from each partial abatement from taxation provided pursuant to NRS 361.4722, 361.4723 and 361.4724 and that the rate of the tax must not be included in the total ad valorem tax levy for the purposes of the application of the limitation in NRS 361.453.

      3.  If a majority of the voters voting on the question submitted to the voters pursuant to subsection 2 vote affirmatively on the question:

      (a) The board of county commissioners shall impose the recommended tax at the rate and for the period specified in the question submitted to the voters pursuant to subsection 2.

      (b) Any such tax imposed is exempt from each partial abatement from taxation provided pursuant to NRS 361.4722, 361.4723 and 361.4724.

      (c) The provisions of NRS 361.453 do not apply to any such tax imposed.

      (d) The tax shall be imposed notwithstanding the provisions of any specific statute to the contrary and, except as otherwise specifically provided in this section and sections 1 and 4 of this act, the tax is not subject to any limitations set forth in any statute which authorizes the board of county commissioners to impose such tax or taxes, including, without limitation, any limitations on the maximum rate or rates which may be imposed or the duration of the period during which such taxes may be imposed.

      Sec. 3. (Deleted by amendment.)

      Sec. 3.5.  Upon approval of the registered voters of a county voting on a question presented to the voters pursuant to section 2 of this act recommending the imposition of a tax on the assessed valuation of taxable property within the county, the board of county commissioners shall, in addition to any tax levied on the assessed valuation of taxable property in the county, levy a tax on the assessed valuation of taxable property within the county in the amount described in the question presented to the voters pursuant to section 2 of this act. The tax must be administered and enforced in the same manner as the tax imposed pursuant to NRS 387.195 is administered and enforced.

      Sec. 4.  The proceeds of any tax imposed pursuant to section 2 of this act:

      1.  Must be deposited in the school district’s fund for capital projects established pursuant to NRS 387.328, to be held and, except as otherwise provided in subsection 2, expended in the same manner as other money deposited in that fund.

      2.  May be pledged to the payment of principal and interest on bonds or other obligations issued for one or more of the purposes set forth in NRS 387.335. The proceeds of the tax so pledged may be treated as pledged revenues for the purposes of subsection 3 of NRS 350.020, and the board of trustees of the school district may issue bonds for those purposes in accordance with the provisions of chapter 350 of NRS.

 


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

ê2019 Statutes of Nevada, Page 2651 (CHAPTER 425, AB 244)ê

 

revenues for the purposes of subsection 3 of NRS 350.020, and the board of trustees of the school district may issue bonds for those purposes in accordance with the provisions of chapter 350 of NRS.

      3.  May not be used:

      (a) To settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations; or

      (b) To adjust the district-wide schedule of salaries and benefits of the employees of a school district.

      Sec. 5.  1.  This act becomes effective upon passage and approval.

      2.  Section 1 of this act expires by limitation on April 2, 2022.

________

CHAPTER 426, AB 261

Assembly Bill No. 261–Assemblymen Krasner; Bilbray-Axelrod, Edwards, Ellison, Hafen, Hansen, Hardy, Roberts and Wheeler

 

CHAPTER 426

 

[Approved: June 5, 2019]

 

AN ACT relating to education; requiring the reporting of certain information concerning training for certain educational personnel in personal safety of children; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Department of Education, in consultation with persons and organizations who possess knowledge and expertise in the personal safety of children, to develop age-appropriate curriculum standards for teaching personal safety of children. (NRS 389.031) Existing law requires the board of trustees of each school district and the governing body of each charter school to ensure that instruction on the personal safety of children is carried out as part of a course of study in health and based on the standards developed by the Department. (NRS 389.064) This bill requires the board of trustees of each school district and the governing body of each charter school to submit to the Department of Education certain information concerning the personal safety of children which includes: (1) training for teachers and administrators in the personal safety of children; and (2) incidents of child abuse or sexual abuse of a child. This bill also requires the Department to compile such information and submit a report to the Legislative Committee on Education.

 

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 1-9. (Deleted by amendment.)

      Sec. 9.3.  1.  The board of trustees of each school district and the governing body of each charter school shall submit to the Department of Education a report concerning recognizing and reporting child abuse, including child sexual abuse:

      (a) With information from the 2019-2020 school year, on or before August 1, 2020; and

 


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

ê2019 Statutes of Nevada, Page 2652 (CHAPTER 426, AB 261)ê

 

      (b) With information from the 2020-2021 school year, on or before August 1, 2021.

      2.  Each report submitted pursuant to subsection 1 must contain information concerning:

      (a) Training provided during the previous school year to teachers and administrators employed by the school district concerning the personal safety of children, including, without limitation:

             (1) The amount of time that teachers and administrators received in such training;

             (2) The number of administrators who received such training;

             (3) The number of teachers who received such training; and

             (4) A description of the content of the training; and

      (b) The number of incidents of abuse or sexual abuse of a child disclosed or reported to a law enforcement agency.

      3.  The Department shall compile a report of the information received pursuant to subsection 2 and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Education:

      (a) From the 2019-2020 school year, on or before September 1, 2020; and

      (b) From the 2020-2021 school year on or before September 1, 2021.

      4.  As used in this section, “personal safety of children” means an age-appropriate recognition of various hazards and dangers that are particular to children, including, without limitation, the danger associated with unsafe persons, both known and unknown to the child, abuse, sexual abuse or exploitation, becoming lost or separated from a parent or guardian, and an awareness of age-appropriate steps a child may take to avoid, lessen or alleviate those hazards and dangers, including, without limitation, reporting threats of harm to a responsible adult.

      Sec. 9.7.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provisions of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 10.  This act becomes effective on July 1, 2019.

________

CHAPTER 427, AB 403

Assembly Bill No. 403–Assemblymen Ellison, Kramer, Roberts; Leavitt, Titus and Wheeler

 

Joint Sponsors: Senators Brooks, Cancela, Denis, Hammond, Hardy, Settelmeyer, Spearman and Washington

 

CHAPTER 427

 

[Approved: June 5, 2019]

 

AN ACT relating to motor vehicles; revising provisions relating to the applicability of certain traffic laws concerning reckless driving and vehicular manslaughter; providing penalties; and providing other matters properly relating thereto.

 


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

ê2019 Statutes of Nevada, Page 2653 (CHAPTER 427, AB 403)ê

 

Legislative Counsel’s Digest:

      Under existing law, traffic laws and certain other laws relating to motor vehicles are applicable and uniform throughout this State on all highways to which the public has a right of access or to which the persons have access to as invitees or licensees. (NRS 484A.400) Section 1 of this bill provides that such laws may apply in other places if provided by a specific statute. Existing law makes provisions governing reckless driving and vehicular manslaughter apply to a motor vehicle being operated on a highway. Sections 2-4 of this bill explicitly makes those also apply on premises to which the public has access, which includes, without limitation, parking lots, parking garages and other roads or ways that provide access to or are appurtenant to places of business, apartment buildings, mobile home parks and gated residential communities. (NRS 484A.185, 484B.550, 484B.653, 484B.657)

 

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 484A.400 is hereby amended to read as follows:

      484A.400  1.  The provisions of chapters 484A to 484E, inclusive, of NRS are applicable and uniform throughout this State on all highways to which the public has a right of access , [or] to which persons have access as invitees or licensees [.] or such other premises as provided by statute.

      2.  Except as otherwise provided in subsection 3 and unless otherwise provided by specific statute, any local authority may enact by ordinance traffic regulations which cover the same subject matter as the various sections of chapters 484A to 484E, inclusive, of NRS if the provisions of the ordinance are not in conflict with chapters 484A to 484E, inclusive, of NRS, or regulations adopted pursuant thereto. It may also enact by ordinance regulations requiring the registration and licensing of bicycles.

      3.  A local authority shall not enact an ordinance:

      (a) Governing the registration of vehicles and the licensing of drivers;

      (b) Governing the duties and obligations of persons involved in traffic crashes, other than the duties to stop, render aid and provide necessary information;

      (c) Providing a penalty for an offense for which the penalty prescribed by chapters 484A to 484E, inclusive, of NRS is greater than that imposed for a misdemeanor; or

      (d) Requiring a permit for a vehicle, or to operate a vehicle, on a highway in this State.

      4.  No person convicted or adjudged guilty or guilty but mentally ill of a violation of a traffic ordinance may be charged or tried in any other court in this State for the same offense.

      Sec. 2. NRS 484B.550 is hereby amended to read as follows:

      484B.550  1.  Except as otherwise provided in this section, the driver of a motor vehicle on a highway or premises to which the public has access who willfully fails or refuses to bring the vehicle to a stop, or who otherwise flees or attempts to elude a peace officer in a readily identifiable vehicle of any police department or regulatory agency, when given a signal to bring the vehicle to a stop is guilty of a misdemeanor.

      2.  The signal by the peace officer described in subsection 1 must be by flashing red lamp and siren.

      3.  Unless the provisions of NRS 484B.653 apply if, while violating the provisions of subsection 1, the driver of the motor vehicle:

 


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

ê2019 Statutes of Nevada, Page 2654 (CHAPTER 427, AB 403)ê

 

      (a) Is the proximate cause of damage to the property of any other person; or

      (b) Operates the motor vehicle in a manner which endangers or is likely to endanger any other person or the property of any other person,

Ê the driver is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      4.  If, while violating the provisions of subsection 1, the driver of the motor vehicle is the proximate cause of the death of or bodily harm to any other person, the driver is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $50,000, or by both fine and imprisonment.

      5.  If the driver of the motor vehicle is convicted of a violation of NRS 484C.110 or 484C.120 arising out of the same act or transaction as a violation of subsection 1, the driver is guilty of a category D felony and shall be punished as provided in NRS 193.130 for the violation of subsection 1.

      Sec. 3. NRS 484B.653 is hereby amended to read as follows:

      484B.653  1.  It is unlawful for a person to:

      (a) Drive a vehicle in willful or wanton disregard of the safety of persons or property [.] on a highway or premises to which the public has access.

      (b) Drive a vehicle in an unauthorized speed contest on a [public] highway [.] or premises to which the public has access.

      (c) Organize an unauthorized speed contest on a [public] highway [.] or premises to which the public has access.

Ê A violation of paragraph (a) or (b) of this subsection or subsection 1 of NRS 484B.550 constitutes reckless driving.

      2.  If, while violating the provisions of subsections 1 to 5, inclusive, of NRS 484B.270, NRS 484B.280, paragraph (a) or (c) of subsection 1 of NRS 484B.283, NRS 484B.350, subsections 1 to 4, inclusive, of NRS 484B.363 or subsection 1 of NRS 484B.600, the driver of a motor vehicle on a highway or premises to which the public has access is the proximate cause of a collision with a pedestrian or a person riding a bicycle, the violation constitutes reckless driving.

      3.  A person who violates paragraph (a) of subsection 1 is guilty of a misdemeanor and:

      (a) For the first offense, shall be punished:

             (1) By a fine of not less than $250 but not more than $1,000; or

             (2) By both fine and imprisonment in the county jail for not more than 6 months.

      (b) For the second offense, shall be punished:

             (1) By a fine of not less than $1,000 but not more than $1,500; or

             (2) By both fine and imprisonment in the county jail for not more than 6 months.

      (c) For the third and each subsequent offense, shall be punished:

             (1) By a fine of not less than $1,500 but not more than $2,000; or

             (2) By both fine and imprisonment in the county jail for not more than 6 months.

      4.  A person who violates paragraph (b) or (c) of subsection 1 or commits a violation which constitutes reckless driving pursuant to subsection 2 is guilty of a misdemeanor and:

 


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

ê2019 Statutes of Nevada, Page 2655 (CHAPTER 427, AB 403)ê

 

      (a) For the first offense:

             (1) Shall be punished by a fine of not less than $250 but not more than $1,000;

             (2) Shall perform not less than 50 hours, but not more than 99 hours, of community service; and

             (3) May be punished by imprisonment in the county jail for not more than 6 months.

      (b) For the second offense:

             (1) Shall be punished by a fine of not less than $1,000 but not more than $1,500;

             (2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and

             (3) May be punished by imprisonment in the county jail for not more than 6 months.

      (c) For the third and each subsequent offense:

             (1) Shall be punished by a fine of not less than $1,500 but not more than $2,000;

             (2) Shall perform 200 hours of community service; and

             (3) May be punished by imprisonment in the county jail for not more than 6 months.

      5.  In addition to any fine, community service and imprisonment imposed upon a person pursuant to subsection 4, the court:

      (a) Shall issue an order suspending the driver’s license of the person for a period of not less than 6 months but not more than 2 years and requiring the person to surrender all driver’s licenses then held by the person;

      (b) Within 5 days after issuing an order pursuant to paragraph (a), shall forward to the Department any licenses, together with a copy of the order;

      (c) For the first offense, may issue an order impounding, for a period of 15 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense; and

      (d) For the second and each subsequent offense, shall issue an order impounding, for a period of 30 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense.

      6.  Unless a greater penalty is provided pursuant to subsection 4 of NRS 484B.550, a person who does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on a highway or premises to which the public has access in willful or wanton disregard of the safety of persons or property, if the act or neglect of duty proximately causes the death of or substantial bodily harm to another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and by a fine of not less than $2,000 but not more than $5,000.

      7.  A person who violates any provision of this section may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135 unless the person is subject to the penalty provided pursuant to subsection 4 of NRS 484B.550.

      8.  As used in this section, “organize” means to plan, schedule or promote, or assist in the planning, scheduling or promotion of, an unauthorized speed contest on a public highway, regardless of whether a fee is charged for attending the unauthorized speed contest.

 


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

ê2019 Statutes of Nevada, Page 2656 (CHAPTER 427, AB 403)ê

 

      Sec. 4. NRS 484B.657 is hereby amended to read as follows:

      484B.657  1.  A person who, while driving or in actual physical control of any vehicle [,] on a highway or premises to which the public has access, proximately causes the death of another person through an act or omission that constitutes simple negligence is guilty of vehicular manslaughter and shall be punished for a misdemeanor.

      2.  A person who commits an offense of vehicular manslaughter may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135.

      3.  Upon the conviction of a person for a violation of the provisions of subsection 1, the court shall notify the Department of the conviction.

      4.  Upon receipt of notification from a court pursuant to subsection 3, the Department shall cause an entry of the conviction to be made upon the driving record of the person so convicted.

________

CHAPTER 428, AB 404

Assembly Bill No. 404–Assemblymen Titus, Ellison, Tolles, Swank; Krasner, Leavitt and Wheeler

 

Joint Sponsor: Senator Settelmeyer

 

CHAPTER 428

 

[Approved: June 5, 2019]

 

AN ACT relating to hunting; authorizing the Board of Wildlife Commissioners to establish a program authorizing a person to transfer, defer or return certain lawfully obtained tags if certain extenuating circumstances exist; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a person who hunts any wildlife to obtain a license or permit to do so in this State. (NRS 502.010) In addition to a regular hunting license, existing law requires a person to obtain an additional license, known as a tag, to hunt any deer, elk, antelope, bighorn sheep, bear, moose, mountain lion or mountain goat. (NRS 502.130) Any license issued pursuant to title 45 of NRS relating to wildlife is: (1) not transferable to a person other than the person to whom the license was issued; and (2) subject to forfeiture if the license is transferred to another person. (NRS 502.100)

      Section 1 of this bill authorizes the Board of Wildlife Commissioners to adopt regulations establishing: (1) conditions or events which are extenuating circumstances; (2) a process through which a person who holds a tag to hunt a big game mammal in this State and who claims an extenuating circumstance may provide documentation which shows that his or her condition or event qualifies as an extenuating circumstance; and (3) a program through which such a person who has proven that he or she qualifies for an extenuating circumstance may transfer, defer use of or return to the Department of Wildlife his or her tag to hunt a big game mammal in this State. Section 1 further prohibits a person who transfers his or her tag to hunt big game mammals in this State from charging a fee or receiving any compensation for such a transfer. Section 1 additionally provides that an extenuating circumstance is any illness, injury or other condition or event, as determined by the Commission, of a person who holds a tag to hunt a big game mammal in this State or a family member of such a person that causes the person who holds such a tag to be unable to use his or her tag to hunt a big game mammal in this State. Section 6 of this bill makes a conforming change.

 


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

ê2019 Statutes of Nevada, Page 2657 (CHAPTER 428, AB 404)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 502 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Commission may adopt regulations establishing:

      (a) Conditions or events which are extenuating circumstances;

      (b) A process through which a big game hunter who claims an extenuating circumstance may provide documentation to the Department which shows that his or her condition or event qualifies as an extenuating circumstance; and

      (c) A program through which a big game hunter who has proven that he or she qualifies for an extenuating circumstance pursuant to paragraph (b) may:

             (1) Transfer his or her tag to another person who is otherwise eligible to hunt a big game mammal in this State;

             (2) Defer his or her use of the tag to the next applicable open season; or

             (3) Return his or her tag to the Department for restoration by the Department of any bonus points that he or she used to obtain the tag that is being returned.

      2.  If a big game hunter transfers his or her tag to another person pursuant to subparagraph (1) of paragraph (c) of subsection 1, the big game hunter may not charge a fee or receive any compensation for such a transfer.

      3.  As used in this section:

      (a) “Big game hunter” means a person who holds a tag.

      (b) “Extenuating circumstance” means any injury, illness or other condition or event, as determined by the Commission, of a big game hunter or a family member of a big game hunter that causes the big game hunter to be unable to use his or her tag.

      (c) “Family member” means:

             (1) A spouse of the big game hunter;

             (2) A person who is related to the big game hunter within the first degree of consanguinity; or

             (3) A stepchild of the big game hunter.

      (d) “Tag” means a tag to hunt a big game mammal in this State.

      Secs. 2-5.  (Deleted by amendment.)

      Sec. 6. NRS 502.100 is hereby amended to read as follows:

      502.100  Except as otherwise provided in section 1 of this act:

      1.  No license provided by this title shall be transferable or used by any person other than the person to whom it was issued.

      2.  Every person lawfully having such licenses who transfers or disposes of the same to another person to be used as a hunting, trapping or fishing license shall forfeit the same.

      Sec. 7.  This act becomes effective:

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

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

________

 


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

ê2019 Statutes of Nevada, Page 2658ê

 

CHAPTER 429, AB 303

Assembly Bill No. 303–Assemblymen Wheeler and Yeager

 

CHAPTER 429

 

[Approved: June 5, 2019]

 

AN ACT relating to public health; prohibiting the sale of certain kratom products to a minor; prohibiting the preparation, distribution, advertising or sale of certain adulterated kratom products; prohibiting the sale of a kratom product that does not have a label that contains certain information; providing civil penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 4 of this bill prohibits: (1) a person from knowingly selling or offering to sell kratom products to a child who is less than 18 years of age; (2) the sale of certain adulterated kratom products; and (3) the sale of a kratom product that does not include a label that clearly sets forth the ingredients and directions for the safe and effective use of the kratom product. Section 4 also establishes a civil penalty of $1,000 for violating those provisions and defines a “kratom product.”

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-3. (Deleted by amendment.)

      Sec. 4. Chapter 597 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person shall not knowingly sell or offer to sell any material, compound, mixture or preparation containing a kratom product to a child under the age of 18 years.

      2.  A person shall not knowingly prepare, distribute, advertise, sell or offer to sell a kratom product that is adulterated with a substance that affects the quality or strength of the kratom product to such a degree as to render the kratom product injurious to a consumer. A person has not violated the provisions of this subsection if he or she can show by a preponderance of evidence that he or she relied in good faith upon the representations of a manufacturer, processor, packer or distributor of the kratom product.

      3.  A person shall not sell a kratom product that does not have a label that clearly sets forth the ingredients and directions for the safe and effective use of the kratom product.

      4.  A person who violates any provision of this section is subject to a civil penalty of not more than $1,000 for each violation.

      5.  As used in this section, “kratom product” means any product or ingredient containing:

      (a) Any part of the leaf of the Mitragyna Speciosa plant if the plant contains the alkaloid mitragynine or 7-hydroxymitragynine; or

 


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

ê2019 Statutes of Nevada, Page 2659 (CHAPTER 429, AB 303)ê

 

      (b) A synthetic material that contains the alkaloid mitragynine or 7-hydroxymitragynine,

Ê regardless of whether the product or ingredient is labeled or sold for human consumption.

________

CHAPTER 430, SB 242

Senate Bill No. 242–Senator Cannizzaro

 

CHAPTER 430

 

[Approved: June 6, 2019]

 

AN ACT relating to peace officers; requiring that a suspended peace officer must be granted back pay under certain circumstances; defining “law enforcement agency” for certain purposes; requiring that the questioning of a peace officer by a superior officer cease under certain circumstances; prohibiting the disclosure or use of a peace officer’s compelled statement in certain civil cases; limiting, with certain exceptions, the time in which a law enforcement agency may initiate an investigation into certain alleged misconduct of a peace officer; prohibiting, with limited exception, a law enforcement agency from reassigning a peace officer while he or she is under investigation; requiring, under certain circumstances, the dismissal of civil and administrative proceedings against a peace officer; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides certain rights to peace officers which are commonly known as the “Peace Officer Bill of Rights.” (NRS 289.020-289.120) This bill makes various changes relating to those rights.

      Section 1 of this bill provides if a peace officer is suspended by a law enforcement agency without pay pending the outcome of a criminal prosecution, the peace officer shall receive back pay if the case is dismissed or the peace officer is found not guilty and the officer is not subjected to punitive action by the law enforcement agency in connection with the misconduct allegations in question.

      Section 2 of this bill requires the questioning of a peace officer by a superior officer to stop if the peace officer reasonably believes the questioning could result in punitive action and the peace officer requests representation. Section 2 also prohibits the use of a peace officer’s compelled statement in a civil case against the peace officer without his or her consent, with limited exceptions.

      Existing law authorizes the investigation of a peace officer in response to a complaint or allegation that the peace officer engaged in activities which could result in punitive action. (NRS 289.057) Section 4 of this bill prohibits a law enforcement agency from initiating such an investigation if the complaint or allegation is filed more than 1 year after the misconduct allegedly occurred unless the alleged misconduct is a crime punishable pursuant to state or federal law. Section 4 further provides that a law enforcement agency may not reopen an investigation if the agency determines that no misconduct occurred unless the law enforcement agency discovers new material evidence. Section 4 also prohibits, with limited exception, the reassignment of a peace officer without his or her consent if an investigation or hearing regarding alleged misconduct is pending.

 


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

ê2019 Statutes of Nevada, Page 2660 (CHAPTER 430, SB 242)ê

 

      Section 6 of this bill requires a law enforcement agency conducting an interview, interrogation or hearing related to an investigation of a peace officer to allow a representative of the peace officer to inspect the following if related to the investigation and in the possession of the law enforcement agency: (1) physical evidence; (2) audio recordings, photographs and video recordings; and (3) statements made by or attributable to the peace officer.

      Under existing law, evidence obtained in violation of the rights of peace officers is inadmissible. (NRS 289.085) Section 7 of this bill provides instead that if evidence is obtained in violation of the rights of peace officers, the administrative proceeding or civil action filed against the peace officer must be dismissed.

      Section 1.5 of this bill defines the term “law enforcement agency” for purposes of: (1) the Peace Officer Bill of Rights (NRS 289.020-289.120); (2) certain provisions of law relating to persons who possess some or all of the powers of peace officers (NRS 289.150-289.360); (3) certain provisions of law relating to advisory review boards (NRS 289.380-289.390); (4) certain provisions of law relating to certification and training of peace officers (NRS 289.450-289.650); and (5) certain provisions of law relating to the use of a choke hold by a peace officer (NRS 289.810).

 

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

      If a law enforcement agency suspends a peace officer without pay pending the outcome of a criminal prosecution, the law enforcement agency shall award the peace officer back pay for the duration of the suspension if:

      1.  The charges against the peace officer are dismissed;

      2.  The peace officer is found not guilty at trial; or

      3.  The peace officer is not subjected to punitive action in connection with the alleged misconduct.

      Sec. 1.5. NRS 289.010 is hereby amended to read as follows:

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

      1.  “Administrative file” means any file of a peace officer containing information, comments or documents about the peace officer. The term does not include any file relating to an investigation conducted pursuant to NRS 289.057 or a criminal investigation of a peace officer.

      2.  “Choke hold” means the holding of a person’s neck in a manner specifically intended to restrict the flow of oxygen or blood to the person’s lungs or brain. The term includes the arm-bar restraint, carotid restraint and lateral vascular neck restraint.

      3.  “Law enforcement agency” means any agency, office, bureau, department, unit or division created by any statute, ordinance or rule which:

      (a) Has a duty to enforce the law; and

      (b) Employs any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

      4.  “Peace officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

      [4.]5.  “Punitive action” means any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer of a peace officer for purposes of punishment.

 


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

ê2019 Statutes of Nevada, Page 2661 (CHAPTER 430, SB 242)ê

 

      Sec. 2. NRS 289.020 is hereby amended to read as follows:

      289.020  1.  A law enforcement agency shall not use punitive action against a peace officer if the peace officer chooses to exercise the peace officer’s rights under any internal administrative grievance procedure.

      2.  If a peace officer is denied a promotion on grounds other than merit or other punitive action is used against the peace officer, a law enforcement agency shall provide the peace officer with an opportunity for a hearing.

      3.  If a peace officer requests representation while being questioned by a superior officer on any matter that the peace officer reasonably believes could result in punitive action, the questioning must cease immediately and the peace officer must be allowed a reasonable opportunity to arrange for the presence and assistance of a representative before the questioning may resume.

      4.  If a peace officer refuses to comply with [a request] an order by a superior officer to cooperate with the peace officer’s own or any other law enforcement agency in a criminal investigation, the agency may charge the peace officer with insubordination.

      5.  Except as otherwise provided in this subsection, any statement a peace officer is compelled to make pursuant to this chapter shall not be disclosed or used in a civil case against the peace officer without the consent of the peace officer. Such a statement may be used in an administrative hearing or civil case regarding the employment of the peace officer. In a civil case, the court may review the statement in camera to determine whether the statement is inconsistent with the testimony of the peace officer and release any inconsistent statement to the opposing party for purposes of impeachment.

      Sec. 3. (Deleted by amendment.)

      Sec. 4. NRS 289.057 is hereby amended to read as follows:

      289.057  1.  [An] Except as otherwise provided in this subsection, an investigation of a peace officer may be conducted in response to a complaint or allegation that the peace officer has engaged in activities which could result in punitive action. A law enforcement agency shall not conduct an investigation pursuant to this subsection if the activities of the peace officer occurred more than 1 year from the date of the filing of a complaint or allegation with the law enforcement agency unless the alleged misconduct would be a crime punishable pursuant to state or federal law.

      2.  Except as otherwise provided in a collective bargaining agreement, a law enforcement agency shall not suspend a peace officer without pay during or pursuant to an investigation conducted pursuant to this section until all investigations relating to the matter have concluded.

      3.  After the conclusion of the investigation:

      (a) If the investigation causes a law enforcement agency to impose punitive action against the peace officer who was the subject of the investigation and the peace officer has received notice of the imposition of the punitive action, the peace officer or a representative authorized by the peace officer may, except as otherwise prohibited by federal or state law, review any administrative or investigative file maintained by the law enforcement agency relating to the investigation, including any recordings, notes, transcripts of interviews and documents.

      (b) If, pursuant to a policy of a law enforcement agency or a labor agreement, the record of the investigation or the imposition of punitive action is subject to being removed from any administrative file relating to the peace officer maintained by the law enforcement agency, the law enforcement agency shall not, except as otherwise required by federal or state law, keep or make a record of the investigation or the imposition of punitive action after the record is required to be removed from the administrative file.

 


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

ê2019 Statutes of Nevada, Page 2662 (CHAPTER 430, SB 242)ê

 

officer maintained by the law enforcement agency, the law enforcement agency shall not, except as otherwise required by federal or state law, keep or make a record of the investigation or the imposition of punitive action after the record is required to be removed from the administrative file.

      (c) If the law enforcement agency concludes that the peace officer did not violate a statute, policy, rule or regulation, the law enforcement agency shall not reopen the investigation unless the law enforcement agency discovers new material evidence related to the matter.

      4.  Except as otherwise provided in subsection 5, a law enforcement agency shall not reassign a peace officer temporarily or permanently without his or her consent during or pursuant to an investigation conducted pursuant to this section or when there is a hearing relating to such an investigation that is pending.

      5.  A law enforcement agency may reassign a peace officer temporarily or permanently without his or her consent during or pursuant to an investigation conducted pursuant to this section or when there is a hearing relating to such an investigation that is pending if the law enforcement agency finds, based on specific facts or circumstances, that reassignment of the peace officer is necessary to maintain the efficient operation of the law enforcement agency.

      Sec. 5. (Deleted by amendment.)

      Sec. 6. NRS 289.080 is hereby amended to read as follows:

      289.080  1.  Except as otherwise provided in subsection [4,] 5, a peace officer who is the subject of an investigation conducted pursuant to NRS 289.057 may upon request have two representatives of the peace officer’s choosing present with the peace officer during any phase of an interrogation or hearing relating to the investigation, including, without limitation, a lawyer, a representative of a labor union or another peace officer.

      2.  Except as otherwise provided in subsection [4,] 5, a peace officer who is a witness in an investigation conducted pursuant to NRS 289.057 may upon request have two representatives of the peace officer’s choosing present with the peace officer during an interview relating to the investigation, including, without limitation, a lawyer, a representative of a labor union or another peace officer. The presence of the second representative must not create an undue delay in either the scheduling or conducting of the interview.

      3.  A representative of a peace officer must assist the peace officer during the interview, interrogation or hearing.

      4.  The law enforcement agency conducting the interview, interrogation or hearing shall allow a representative of the peace officer to [explain] :

      (a) Inspect the following if related to the investigation and in the possession of the law enforcement agency:

             (1) Physical evidence;

             (2) Audio recordings, photographs and video recordings; and

             (3) Statements made by or attributed to the peace officer.

      (b) Explain an answer provided by the peace officer or refute a negative implication which results from questioning of the peace officer but may require such explanation to be provided after the agency has concluded its initial questioning of the peace officer.

      [4.] 5.  A representative must not otherwise be connected to, or the subject of, the same investigation.

 


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

ê2019 Statutes of Nevada, Page 2663 (CHAPTER 430, SB 242)ê

 

      [5.] 6.  Any information that a representative obtains from the peace officer who is a witness concerning the investigation is confidential and must not be disclosed.

      [6.] 7.  Any information that a representative obtains from the peace officer who is the subject of the investigation is confidential and must not be disclosed except upon the:

      (a) Request of the peace officer; or

      (b) Lawful order of a court of competent jurisdiction.

Ê A law enforcement agency shall not take punitive action against a representative for the representative’s failure or refusal to disclose such information.

      [7.] 8.  The peace officer, any representative of the peace officer or the law enforcement agency may make a stenographic, digital or magnetic record of the interview, interrogation or hearing. If the agency records the proceedings, the agency shall at the peace officer’s request and expense provide a copy of the:

      (a) Stenographic transcript of the proceedings; or

      (b) Recording on the digital or magnetic tape.

      [8.] 9.  After the conclusion of the investigation, the peace officer who was the subject of the investigation or any representative of the peace officer may, if the peace officer appeals a recommendation to impose punitive action, review and copy the entire file concerning the internal investigation, including, without limitation, any recordings, notes, transcripts of interviews and documents contained in the file.

      Sec. 7. NRS 289.085 is hereby amended to read as follows:

      289.085  If an arbitrator or court determines that evidence was obtained during an investigation of a peace officer concerning conduct that could result in punitive action in a manner which violates any provision of NRS 289.010 to 289.120, inclusive, and [that such evidence may be prejudicial to the peace officer, such evidence is inadmissible and] section 1 of this act, the arbitrator or court shall [exclude such evidence during any] dismiss with prejudice the administrative proceeding commenced or civil action filed against the peace officer.

      Sec. 8. NRS 289.090 is hereby amended to read as follows:

      289.090  The provisions of subsections 2 to 5, inclusive, of NRS 289.057 [,] and NRS 289.060, 289.070 and 289.080 do not apply to any investigation which concerns alleged criminal activities.

      Sec. 8.5. NRS 617.357 is hereby amended to read as follows:

      617.357  1.  Each insurer shall submit to the Administrator a written report concerning each claim for compensation in which the claimant is a firefighter, police officer, arson investigator or emergency medical attendant that is filed with the insurer pursuant to NRS 617.453, 617.455, 617.457, 617.481, 617.485 or 617.487. The written report must be submitted to the Administrator within 30 days after the insurer accepts or denies the claim pursuant to NRS 617.356 and must include:

      (a) A statement specifying the nature of the claim;

      (b) A statement indicating whether the insurer accepted or denied the claim and the reasons for the acceptance or denial;

      (c) A statement indicating the estimated medical costs for the claim; and

      (d) Any other information required by the Administrator.

 


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

ê2019 Statutes of Nevada, Page 2664 (CHAPTER 430, SB 242)ê

 

      2.  If a claim specified in subsection 1 is appealed or affirmed, modified or reversed on appeal, or is closed or reopened, the insurer shall notify the Administrator of that fact in writing within 30 days after the claim is appealed, affirmed, modified, reversed, closed or reopened.

      3.  On or before February 1 of each year, the Administrator shall prepare and make available to the general public a written report concerning claims specified in subsection 1. The written report must include:

      (a) The information submitted to the Administrator by an insurer pursuant to this section during the immediately preceding year; and

      (b) Any other information concerning those claims required by the Administrator.

      4.  As used in this section, the term “police officer” includes a peace officer as that term is defined in [subsection 3 of] NRS 289.010.

      Sec. 9. (Deleted by amendment.)

      Sec. 10.  This act becomes effective on July 1, 2019.

________

CHAPTER 431, SB 37

Senate Bill No. 37–Committee on Commerce and Labor

 

CHAPTER 431

 

[Approved: June 6, 2019]

 

AN ACT relating to professions; revising the scope of the practice of clinical professional counseling and the practice of marriage and family therapy; revising the expiration date of certain licenses issued by the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors; revising the prorating of certain fees for certain licenses issued by the Board; revising provisions relating to the issuance of a license by endorsement; revising provisions governing the fees the Board is authorized to charge; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors to regulate the practice of marriage and family therapy and clinical professional counseling. (Chapter 641A of NRS) Existing law defines the scope of practice for both marriage and family therapy and clinical professional counseling. (NRS 641A.065, 641A.080) Sections 1 and 2 of this bill remove certain exclusions from the scope of the practice of marriage and family therapy and the practice of clinical professional counseling, thereby allowing the inclusion of those activities within the scope of practice in circumstances that the Board determines are appropriate.

      Section 4 of this bill clarifies that the payment of compensation and expenses of employees of the Board must be paid out of money possessed by the Board.

      Existing law requires the Board to issue to an applicant who meets the requirements for licensure a license to practice as a marriage and family therapist or a clinical professional counselor, as applicable. Existing law additionally provides that such a license expires on January 1 of each year. Existing law further authorizes the Board to prorate the fee for such a license if the license expires less than 6 months after the date of issuance. (NRS 641A.235) Section 6 of this bill changes the expiration of a license to practice as a marriage and family therapist or a clinical professional counselor from annually on January 1 to biennially on January 1 of every even-numbered year.

 


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

ê2019 Statutes of Nevada, Page 2665 (CHAPTER 431, SB 37)ê

 

annually on January 1 to biennially on January 1 of every even-numbered year. Section 6 additionally requires the Board to prorate the fee for such a license on a monthly basis for the period from the date of issuance until the expiration of the license on January 1 of each even-numbered year. Sections 12 and 13 of this bill eliminate the automatic expiration of a license as a marriage and family therapist intern or a clinical professional counselor intern in existing law if the intern changes his or her approved supervisor. (NRS 641A.2872, 641A.2882) Sections 12 and 13 also clarify the requirements for the renewal of a license as a marriage and family therapist intern or a clinical professional counselor intern.

      Existing law authorizes a marriage and family therapist or a clinical professional counselor to obtain an expedited license by endorsement to practice marriage and family therapy or clinical professional counseling, as applicable, in this State if the marriage and family therapist or clinical professional counselor holds a valid and unrestricted license to practice in the District of Columbia or another state or territory of the United States and meets certain other requirements. (NRS 641A.241) Section 7 of this bill extends the deadline by which the Board is required to make a decision on an application for a license by endorsement from 45 days after receipt of the application to 45 days after receipt of all the information from the applicant required by the Board to complete the application.

      Under existing law, a person applying for reinstatement of a license that has lapsed continuously for 5 years is required to reapply under the laws and regulations in effect at the time of reapplication. (NRS 641A.280) Existing law also establishes a procedure by which a licensee in good standing with the Board may place his or her license on inactive status. (NRS 641A.285) Sections 10 and 11 of this bill clarify that the provisions relating to lapsed licenses and inactive licenses only apply to licenses to practice as a marriage and family therapist or clinical professional counselor and not to licenses to practice as a marriage and family therapist intern or clinical professional counselor intern. Section 11 also authorizes the Board to impose a fee for the renewal of an inactive license to practice as a marriage and family therapist or clinical professional counselor.

      Existing law establishes the maximum fees the Board is authorized to charge for certain items. (NRS 641A.290) Section 14 of this bill revises and sets the fee for certain items and authorizes the Board to charge various new fees for certain items, including, without limitation: (1) the biennial renewal or reinstatement of a license on inactive status; (2) the renewal of an intern’s license; and (3) items relating to the approval of a course or program of continuing education and the approval of a provider of such a course or program. Section 8 of this bill provides for a 10-day grace period for the payment of a renewal fee by a marriage and family therapist or clinical professional counselor upon the expiration of his or her license. Sections 12 and 13 provide a similar grace period for the payment of a renewal fee by a marriage and family therapist intern or a clinical professional counselor intern. Sections 5, 7-9 and 11-13 of this bill make conforming changes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 641A.065 is hereby amended to read as follows:

      641A.065  1.  “Practice of clinical professional counseling” means the provision of treatment, assessment and counseling, or equivalent activities, to a person or group of persons to achieve mental, emotional, physical and social development and adjustment.

      2.  The term includes [:

      (a) Counseling] counseling interventions to prevent, diagnose and treat mental, emotional or behavioral disorders and associated distresses which interfere with mental health. [; and

 


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

ê2019 Statutes of Nevada, Page 2666 (CHAPTER 431, SB 37)ê

 

      (b) The assessment or treatment of couples or families, if the assessment or treatment is provided by a person who, through the completion of course work or supervised training or experience, has demonstrated competency in the assessment or treatment of couples or families as determined by the Board.]

      3.  The term does not include [:

      (a) The practice of psychology or medicine;

      (b) The prescription of drugs or electroconvulsive therapy;

      (c) The treatment of physical disease, injury or deformity;

      (d) The diagnosis or treatment of a psychotic disorder;

      (e) The use of projective techniques in the assessment of personality;

      (f) The] the use of [psychological, neuropsychological or clinical tests designed to identify or classify abnormal or pathological human behavior;

      (g) The use of individually administered intelligence tests, academic achievement tests or neuropsychological tests; or

      (h) The use of psychotherapy to treat the concomitants of organic illness except in consultation with a qualified physician or licensed clinical psychologist.] psychometric tests, assessments or measures, including, without limitation, psychological, neuropsychological, developmental, neurodevelopmental, cognitive, neurocognitive, intelligence, achievement, personality or projective tests.

      Sec. 2.  NRS 641A.080 is hereby amended to read as follows:

      641A.080  1.  “Practice of marriage and family therapy” means the diagnosis and treatment of mental and emotional disorders, whether cognitive, affective or behavioral, within the context of interpersonal relationships, including, without limitation, marital and family systems, and involves the professional application or use of psychotherapy, counseling, evaluation, assessment instruments, consultation, treatment planning, supervision, research and prevention of mental and emotional disorders.

      2.  The term includes, without limitation, the rendering of professional marital and family therapy services to a person, couple, family or family group or other group of persons.

      [2.]3.  The term does not include [:

      (a) The diagnosis or treatment of a psychotic disorder; or

      (b) The] the use of [a psychological or] psychometric [assessment test to determine intelligence, personality, aptitude, interests or addictions.] tests, assessments or measures, including, without limitation, psychological, neuropsychological, developmental, neurodevelopmental, cognitive, neurocognitive, intelligence, achievement, personality or projective tests.

      Sec. 3. (Deleted by amendment.)

      Sec. 4. NRS 641A.205 is hereby amended to read as follows:

      641A.205  All money coming into possession of the Board must be kept or deposited by the Secretary-Treasurer in banks, credit unions, savings and loan associations or savings banks in the State of Nevada to be expended for payment of compensation and expenses of the members and employees of the Board [members] and for other necessary or proper purposes in the administration of this chapter.

      Sec. 5. NRS 641A.210 is hereby amended to read as follows:

      641A.210  1.  Each person desiring a license must apply to the Board upon a form, and in a manner, prescribed by the Board. The application must be accompanied by the [application] fee for the application for an initial license and the fee for the initial issuance of the license prescribed by the Board , and all information required to complete the application.

 


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

ê2019 Statutes of Nevada, Page 2667 (CHAPTER 431, SB 37)ê

 

license and the fee for the initial issuance of the license prescribed by the Board , and all information required to complete the application.

      2.  The Board shall prescribe forms for applying for the issuance or renewal of a license. The forms must:

      (a) Be available to be completed on the Internet website maintained by the Board;

      (b) Provide immediate, automatic feedback to the applicant concerning whether the applicant has submitted all required information; and

      (c) Automatically store the data submitted by the applicant upon completion of the application.

      Sec. 6. NRS 641A.235 is hereby amended to read as follows:

      641A.235  1.  The Board shall issue a license to practice as a marriage and family therapist or clinical professional counselor to an applicant who meets the requirements imposed pursuant to this chapter.

      2.  [Except as otherwise provided in NRS 641A.2872 and 641A.2882, a] A license to practice as a marriage and family therapist or clinical professional counselor expires on January 1 of each even-numbered year.

      3.  The Board [may] shall prorate the fee for the application for an initial license and the fee for the initial issuance of a license to practice as a marriage and family therapist or clinical professional counselor [which expires less than 6 months after] based on the number of months remaining in the period from the date of issuance [.] until the expiration of the license on January 1 of each even-numbered year.

      Sec. 7. NRS 641A.241 is hereby amended to read as follows:

      641A.241  1.  The Board may issue a license by endorsement to practice as a marriage and family therapist or clinical professional counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as a marriage and family therapist or clinical professional counselor, as applicable, in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license as a marriage and family therapist or clinical professional counselor, as applicable; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (c) The fees prescribed by the Board pursuant to NRS 641A.290 for the application for an initial license and for the initial issuance of a license; and

      (d) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to practice as a marriage and family therapist or clinical professional counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application.

 


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

ê2019 Statutes of Nevada, Page 2668 (CHAPTER 431, SB 37)ê

 

Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a marriage and family therapist or clinical professional counselor, as applicable, to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.

      4.  A license by endorsement to practice as a marriage and family therapist or clinical professional counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      Sec. 7.5. NRS 641A.242 is hereby amended to read as follows:

      641A.242  1.  The Board may issue a license by endorsement to practice as a marriage and family therapist or clinical professional counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license as a marriage and family therapist or clinical professional counselor, as applicable, in the District of Columbia or any state or territory of the United States; and

      (b) 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.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license as a marriage and family therapist or clinical professional counselor, as applicable; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (c) The fees prescribed by the Board pursuant to NRS 641A.290 for the application for an initial license and for the initial issuance of a license; and

      (d) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to practice as a marriage and family therapist or clinical professional counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a marriage and family therapist or clinical professional counselor, as applicable, to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.

      4.  A license by endorsement to practice as a marriage and family therapist or clinical professional counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

 


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

ê2019 Statutes of Nevada, Page 2669 (CHAPTER 431, SB 37)ê

 

      5.  At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may grant a provisional license authorizing an applicant to practice as a marriage and family therapist or clinical professional counselor, as applicable, in accordance with regulations adopted by the Board.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 8. NRS 641A.260 is hereby amended to read as follows:

      641A.260  1.  To renew a license to practice as a marriage and family therapist or clinical professional counselor issued pursuant to this chapter, each person must, on or before 10 business days after the date of expiration of [the] his or her current license:

      (a) Apply to the Board for renewal;

      (b) Pay the fee for the biennial renewal of a license set by the Board;

      (c) Submit evidence to the Board of completion of the requirements for continuing education as set forth in regulations adopted by the Board [;] , unless the Board has granted a waiver pursuant to NRS 641A.265; and

      (d) Submit all information required to complete the renewal.

      2.  [The] Except as otherwise provided in NRS 641A.265, the Board shall, as a prerequisite for the renewal of a license [,] to practice as a marriage and family therapist or clinical professional counselor, require each holder to comply with the requirements for continuing education adopted by the Board, which must include, without limitation, a requirement that the holder receive at least 2 hours of instruction on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate.

      Sec. 9. NRS 641A.270 is hereby amended to read as follows:

      641A.270  Failure to pay the fee for renewal automatically effects a revocation of [the] a license [on] to practice as a marriage and family therapist or clinical professional counselor 10 business days after the date of expiration of the license. The license may not be reinstated except upon:

      1.  Written application;

      2.  Submission of evidence of the completion of the required continuing education for the period the license to practice as a marriage and family therapist or clinical professional counselor was revoked [;] , unless the Board has granted a waiver pursuant to NRS 641A.265; and

      3.  The payment of the fee for the biennial renewal of a license and the fee for [reinstatement] the late payment of the biennial renewal required by this chapter.

      Sec. 10. NRS 641A.280 is hereby amended to read as follows:

      641A.280  After a license to practice as a marriage and family therapist or clinical professional counselor has lapsed continuously for 5 years, a person applying for reinstatement of such a license must reapply under the laws and regulations in effect at the time of application.

      Sec. 11. NRS 641A.285 is hereby amended to read as follows:

      641A.285  1.  Upon written request to the Board and payment of the fee for the placement of a license on inactive status prescribed by the Board, a [licensee] marriage and family therapist or clinical professional counselor in good standing may have his or her name and license transferred to an inactive list for a period not to exceed 3 continuous years. A [licensee] marriage and family therapist or clinical professional counselor shall not practice marriage and family therapy or clinical professional counseling , as applicable, during the time the license is inactive.

 


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

ê2019 Statutes of Nevada, Page 2670 (CHAPTER 431, SB 37)ê

 

practice marriage and family therapy or clinical professional counseling , as applicable, during the time the license is inactive. If an inactive [licensee] marriage and family therapist or clinical professional counselor desires to resume the practice of marriage and family therapy or clinical professional counseling, as applicable, the Board must reactivate the license upon the:

      (a) Completion of an application for reactivation;

      (b) Payment of the fee for the biennial renewal of the license; and

      (c) Demonstration, if deemed necessary by the Board, that the [licensee] marriage and family therapist or clinical professional counselor is then qualified and competent to practice.

Ê Except as otherwise provided in subsection 2, the [licensee] marriage and family therapist or clinical professional counselor is not required to pay the [delinquency] fee [or the] for the biennial renewal [fee] of a license or the fee for the late payment of the biennial renewal for any year while the license was inactive.

      2.  Any license to practice as a marriage and family therapist or clinical professional counselor that remains inactive for a period which exceeds 3 continuous years is deemed:

      (a) To effect a revocation for the purposes of NRS 641A.270.

      (b) To have lapsed at the beginning of that period for the purposes of NRS 641A.280.

      3.  The Board may adopt such regulations as it deems necessary to carry out the provisions of this section, including without limitation, regulations governing the renewal of such inactive licenses , the imposition of a fee for the renewal of an inactive license and any requirement of continuing education for inactive [licensees.] marriage and family therapists or clinical professional counselors.

      Sec. 12. NRS 641A.2872 is hereby amended to read as follows:

      641A.2872  1.  The Board shall issue a license as a marriage and family therapist intern to an applicant who meets the requirements imposed pursuant to this chapter.

      2.  A license as a marriage and family therapist intern:

      [1.  Is]

      (a) Except as otherwise provided in paragraph (b), is valid for 3 years and may be renewed not more than once . [; and

      2.](b) Expires upon:

      [(a)](1) The termination of the supervision agreement with an approved supervisor; or

      [(b) A change in the approved supervisor; or

      (c)](2) The issuance of a license as a marriage and family therapist to the holder of the license as a marriage and family therapist intern.

      3.  To renew a license as a marriage and family therapist intern, the holder of the license must, on or before 10 business days after the date of expiration of the current license:

      (a) Apply to the Board for renewal;

      (b) Pay the fee for the renewal of an intern’s license set by the Board; and

      (c) Submit all information required to complete the renewal.

      Sec. 13. NRS 641A.2882 is hereby amended to read as follows:

      641A.2882  1.  The Board shall issue a license as a clinical professional counselor intern to an applicant who meets the requirements imposed pursuant to this chapter.

 


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

ê2019 Statutes of Nevada, Page 2671 (CHAPTER 431, SB 37)ê

 

      2.  A license as a clinical professional counselor intern:

      [1.  Is]

      (a) Except as otherwise provided in paragraph (b), is valid for 3 years and may be renewed not more than once . [; and

      2.](b) Expires upon:

      [(a)](1) The termination of the supervision agreement with an approved supervisor; or

      [(b) A change in the approved supervisor; or

      (c)](2) The issuance of a license as a clinical professional counselor to the holder of the license as a clinical professional counselor intern.

      3.  To renew a license as a clinical professional counselor intern, the holder of the license must, on or before 10 business days after the date of expiration of the current license:

      (a) Apply to the Board for renewal;

      (b) Pay the fee for the renewal of an intern’s license set by the Board; and

      (c) Submit all information required to complete the renewal.

      Sec. 14. NRS 641A.290 is hereby amended to read as follows:

      641A.290  1.  [The] Except as otherwise provided in subsection 2, the Board shall [charge and collect not more than the following] establish a schedule of fees [, respectively:] for the following items which must not exceed the following amounts:

 

[For application] Application for [a] an initial license.......... [$75] $150

       Initial issuance of a license............................................................... 60

[For examination of an applicant for a license....................................... 200

For issuance of a license............................................................................ 50

For annual] Biennial renewal of a license to practice as a marriage and family therapist or clinical professional counselor........................................................... [150] 450

[For reinstatement of a license revoked for nonpayment of the fee] Fee for [renewal] late payment of the biennial renewal...................................................................... [100] 125

[For an] Placement of a license to practice as a marriage and family therapist or clinical professional counselor on inactive [license] status.................................. [150] 200

Renewal of an intern’s license.............................................................. 150

Issuance of a duplicate license............................................................... 10

Reevaluation of an applicant’s coursework........................................ 50

Application for approval as a supervisor............................................. 75

Approval of a course or program of continuing education.............. 25

Approval of a provider of continuing education.............................. 150

 


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

ê2019 Statutes of Nevada, Page 2672 (CHAPTER 431, SB 37)ê

 

      2.  If an applicant submits an application for a license by endorsement pursuant to NRS 641A.242, the Board shall collect not more than one-half of the fee [set forth in] established pursuant to subsection 1 for the application for and initial issuance of the license.

      Sec. 15.  1.  This section and sections 1, 2, 4, 5 and 7 to 14, inclusive, of this act become effective upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out those provisions, and on July 1, 2019, for all other purposes.

      2.  Section 6 of this act becomes effective on January 1, 2020.

________

CHAPTER 432, SB 153

Senate Bill No. 153–Senator Parks

 

CHAPTER 432

 

[Approved: June 6, 2019]

 

AN ACT relating to collective bargaining; increasing the amount of time within which the Local Government Employee-Management Relations Board must conduct a hearing relating to certain complaints; removing certain restrictions on payment of compensation or monetary benefits upon expiration of a collective bargaining agreement; revising various provisions relating to negotiations between a school district and an employee organization representing teachers or educational support personnel; repealing certain provisions governing leave for services to an employee organization and governing school administrators; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law: (1) generally authorizes the Local Government Employee-Management Relations Board to hear and determine any complaint arising under the provisions of law governing collective bargaining by a local government employer, local government employee or employee organization; (2) generally requires the Board to conduct a hearing within 180 days after it decides to hear a complaint; and (3) requires the Board, unless waived by the parties, to hear a complaint not later than 45 days after the Board decides to hear the complaint if a complaint alleges that a local government employer or an employee organization willfully refused to bargain collectively in good faith. (NRS 288.110) Section 1 of this bill removes the requirement for the Board to conduct a hearing not later than 45 days after deciding to hear the complaint for those specific circumstances.

      Existing law authorizes any controversy concerning a prohibited practice relating to collective bargaining to be submitted to the Local Government Employee-Management Relations Board. Existing law also provides that if the controversy involves an alleged failure to provide certain required information relating to the collective bargaining, the Board must conduct a hearing as soon as possible after the complaint is filed and, in any case, not later than 45 days after the Board decides to hear the complaint, unless the parties agree to waive the requirement. (NRS 288.280) Section 7 of this bill removes the provision which requires the Board to conduct such a hearing not later than 45 days after the Board decides to hear the complaint.

 


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

ê2019 Statutes of Nevada, Page 2673 (CHAPTER 432, SB 153)ê

 

      Existing law prohibits a local government employer, with limited exceptions, from increasing any compensation or monetary benefits paid to or on behalf of employees in the affected bargaining unit upon the end of the term stated in a collective bargaining agreement and until the successor agreement becomes effective. (NRS 288.155) Section 3 of this bill removes this prohibition and instead authorizes collective bargaining agreements entered into between local government employers and employee organizations to remain in effect beyond the term of office of any member or officer of the local government employer.

      Existing law: (1) generally requires a local government employer to engage in collective bargaining with the recognized employee organization, if any, for each bargaining unit among its employees; and (2) excludes from membership in a bargaining unit, any school administrator above the rank of principal, thus prohibiting such a school administrator from engaging in collective bargaining with their employer. (NRS 288.170) Section 4 of this bill removes this prohibition and instead requires employees in certain supervisory and administrative positions, including certain school administrators and school district administrators, to be members of a different bargaining unit from the employees they supervise.

      Existing law requires an employee organization to give written notice of its desire to negotiate to the local government employer. If the subject of negotiation requires the budgeting of money by the local government employer, the notice must be given by the employee organization either: (1) on or before February 1; or (2) if the employee organization represents teachers or educational support personnel, on or before January 1. (NRS 288.180) Section 5 of this bill removes the distinct date for the notice requirement given by an employee organization that represents teachers or educational support personnel so that the date for giving written notice to the local government employer concerning such negotiations is February 1 for all employee organizations.

      Existing law requires the parties in a negotiation between a school district and an employee organization representing teachers and educational support personnel to: (1) have eight sessions of negotiation before the issues are submitted to an arbitrator; (2) select an arbitrator not later than 330 days before the end of the term stated in the existing collective bargaining agreement; and (3) schedule a hearing of not less than 3 consecutive business days. (NRS 288.217) Section 6 of this bill: (1) removes the latter two of those three requirements; (2) decreases the required number of negotiation sessions to four sessions before the issues are submitted to an arbitrator; and (3) requires the arbitrator to hold a hearing concerning the dispute after giving 7 days’ written notice to the parties and within 30 days after being selected.

      Section 20 of this bill repeals provisions: (1) authorizing, under certain circumstances, a local government employer to provide leave to an employee for time spent by the employee in performing duties or providing services for an employee organization; (2) concerning the at-will status of a principal during certain periods of employment by a school district and the principal, under certain circumstances, being subject to immediate dismissal by the board of trustees of the school district; and (3) requiring certain postprobationary school administrators to apply to the superintendent of the school district for reappointment to his or her administrative position every 5 years.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 288.110 is hereby amended to read as follows:

      288.110  1.  The Board may make rules governing:

      (a) Proceedings before it;

      (b) Procedures for fact-finding;

      (c) The recognition of employee organizations; and

      (d) The determination of bargaining units.

 


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

ê2019 Statutes of Nevada, Page 2674 (CHAPTER 432, SB 153)ê

 

      2.  The Board may hear and determine any complaint arising out of the interpretation of, or performance under, the provisions of this chapter by any local government employer, local government employee or employee organization. Except as otherwise provided in [this subsection and] NRS 288.115 , [and 288.280,] the Board shall conduct a hearing within 180 days after it decides to hear a complaint. [If a complaint alleges a violation of paragraph (e) of subsection 1 of NRS 288.270 or paragraph (b) of subsection 2 of that section, the Board shall conduct a hearing not later than 45 days after it decides to hear the complaint, unless the parties agree to waive this requirement.] The Board, after a hearing, if it finds that the complaint is well taken, may order any person to refrain from the action complained of or to restore to the party aggrieved any benefit of which the party has been deprived by that action. Except when an expedited hearing is conducted pursuant to NRS 288.115, the Board shall issue its decision within 120 days after the hearing on the complaint is completed.

      3.  Any party aggrieved by the failure of any person to obey an order of the Board issued pursuant to subsection 2, or the Board at the request of such a party, may apply to a court of competent jurisdiction for a prohibitory or mandatory injunction to enforce the order.

      4.  The Board may not consider any complaint or appeal filed more than 6 months after the occurrence which is the subject of the complaint or appeal.

      5.  The Board may decide without a hearing a contested matter:

      (a) In which all of the legal issues have been previously decided by the Board, if it adopts its previous decision or decisions as precedent; or

      (b) Upon agreement of all the parties.

      6.  The Board may award reasonable costs, which may include attorneys’ fees, to the prevailing party.

      Sec. 2. NRS 288.150 is hereby amended to read as follows:

      288.150  1.  Except as otherwise provided in subsection 4 and NRS 354.6241, every local government employer shall negotiate in good faith through one or more representatives of its own choosing concerning the mandatory subjects of bargaining set forth in subsection 2 with the designated representatives of the recognized employee organization, if any, for each appropriate bargaining unit among its employees. If either party so requests, agreements reached must be reduced to writing.

      2.  The scope of mandatory bargaining is limited to:

      (a) Salary or wage rates or other forms of direct monetary compensation.

      (b) Sick leave.

      (c) Vacation leave.

      (d) Holidays.

      (e) Other paid or nonpaid leaves of absence . [consistent with the provisions of this chapter.]

      (f) Insurance benefits.

      (g) Total hours of work required of an employee on each workday or workweek.

      (h) Total number of days’ work required of an employee in a work year.

      (i) Except as otherwise provided in subsections 6 and 10, discharge and disciplinary procedures.

      (j) Recognition clause.

      (k) The method used to classify employees in the bargaining unit.

      (l) Deduction of dues for the recognized employee organization.

 


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

ê2019 Statutes of Nevada, Page 2675 (CHAPTER 432, SB 153)ê

 

      (m) Protection of employees in the bargaining unit from discrimination because of participation in recognized employee organizations consistent with the provisions of this chapter.

      (n) No-strike provisions consistent with the provisions of this chapter.

      (o) Grievance and arbitration procedures for resolution of disputes relating to interpretation or application of collective bargaining agreements.

      (p) General savings clauses.

      (q) Duration of collective bargaining agreements.

      (r) Safety of the employee.

      (s) Teacher preparation time.

      (t) Materials and supplies for classrooms.

      (u) Except as otherwise provided in subsections 7, 9 and 10, the policies for the transfer and reassignment of teachers.

      (v) Procedures for reduction in workforce consistent with the provisions of this chapter.

      (w) Procedures consistent with the provisions of subsection 4 for the reopening of collective bargaining agreements for additional, further, new or supplementary negotiations during periods of fiscal emergency.

      3.  Those subject matters which are not within the scope of mandatory bargaining and which are reserved to the local government employer without negotiation include:

      (a) Except as otherwise provided in paragraph (u) of subsection 2, the right to hire, direct, assign or transfer an employee, but excluding the right to assign or transfer an employee as a form of discipline.

      (b) The right to reduce in force or lay off any employee because of lack of work or lack of money, subject to paragraph (v) of subsection 2.

      (c) The right to determine:

             (1) Appropriate staffing levels and work performance standards, except for safety considerations;

             (2) The content of the workday, including without limitation workload factors, except for safety considerations;

             (3) The quality and quantity of services to be offered to the public; and

             (4) The means and methods of offering those services.

      (d) Safety of the public.

      4.  Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to this chapter, a local government employer is entitled to:

      (a) Reopen a collective bargaining agreement for additional, further, new or supplementary negotiations relating to compensation or monetary benefits during a period of fiscal emergency. Negotiations must begin not later than 21 days after the local government employer notifies the employee organization that a fiscal emergency exists. For the purposes of this section, a fiscal emergency shall be deemed to exist:

             (1) If the amount of revenue received by the general fund of the local government employer during the last preceding fiscal year from all sources, except any nonrecurring source, declined by 5 percent or more from the amount of revenue received by the general fund from all sources, except any nonrecurring source, during the next preceding fiscal year, as reflected in the reports of the annual audits conducted for those fiscal years for the local government employer pursuant to NRS 354.624; or

             (2) If the local government employer has budgeted an unreserved ending fund balance in its general fund for the current fiscal year in an amount equal to 4 percent or less of the actual expenditures from the general fund for the last preceding fiscal year, and the local government employer has provided a written explanation of the budgeted ending fund balance to the Department of Taxation that includes the reason for the ending fund balance and the manner in which the local government employer plans to increase the ending fund balance.

 


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

ê2019 Statutes of Nevada, Page 2676 (CHAPTER 432, SB 153)ê

 

equal to 4 percent or less of the actual expenditures from the general fund for the last preceding fiscal year, and the local government employer has provided a written explanation of the budgeted ending fund balance to the Department of Taxation that includes the reason for the ending fund balance and the manner in which the local government employer plans to increase the ending fund balance.

      (b) Take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder. Those actions may include the suspension of any collective bargaining agreement for the duration of the emergency.

Ê Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.

      5.  The provisions of this chapter, including without limitation the provisions of this section, recognize and declare the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.

      6.  If the sponsor of a charter school reconstitutes the governing body of a charter school pursuant to NRS 388A.330, the new governing body may terminate the employment of any teachers or other employees of the charter school, and any provision of any agreement negotiated pursuant to this chapter that provides otherwise is unenforceable and void.

      7.  The board of trustees of a school district in which a school is designated as a turnaround school pursuant to NRS 388G.400 or the principal of such a school, as applicable, may take any action authorized pursuant to NRS 388G.400, including, without limitation:

      (a) Reassigning any member of the staff of such a school; or

      (b) If the staff member of another public school consents, reassigning that member of the staff of the other public school to such a school.

      8.  Any provision of an agreement negotiated pursuant to this chapter which differs from or conflicts in any way with the provisions of subsection 7 or imposes consequences on the board of trustees of a school district or the principal of a school for taking any action authorized pursuant to subsection 7 is unenforceable and void.

      9.  The board of trustees of a school district may reassign any member of the staff of a school that is converted to an achievement charter school pursuant to NRS 388B.200 to 388B.230, inclusive, and any provision of any agreement negotiated pursuant to this chapter which provides otherwise is unenforceable and void.

      10.  The board of trustees of a school district or the governing body of a charter school or university school for profoundly gifted pupils may use a substantiated report of the abuse or neglect of a child or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 or an equivalent registry maintained by a governmental agency in another jurisdiction for the purposes authorized by NRS 388A.515, 388C.200, 391.033, 391.104 or 391.281, as applicable. Such purposes may include, without limitation, making a determination concerning the assignment, discipline or termination of an employee. Any provision of any agreement negotiated pursuant to this chapter which conflicts with the provisions of this subsection is unenforceable and void.

 


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

ê2019 Statutes of Nevada, Page 2677 (CHAPTER 432, SB 153)ê

 

      11.  This section does not preclude, but this chapter does not require, the local government employer to negotiate subject matters enumerated in subsection 3 which are outside the scope of mandatory bargaining. The local government employer shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate those matters.

      12.  Contract provisions presently existing in signed and ratified agreements as of May 15, 1975, at 12 p.m. remain negotiable.

      13.  As used in this section:

      (a) “Abuse or neglect of a child” has the meaning ascribed to it in NRS 392.281.

      (b) “Achievement charter school” has the meaning ascribed to it in NRS 385.007.

      Sec. 3. NRS 288.155 is hereby amended to read as follows:

      288.155  [1.  A collective bargaining agreement:

      (a) May] Agreements entered into between local government employers and employee organizations pursuant to this chapter may extend beyond the term of office of any member or officer of the local government employer.

      [(b) Expires for the purposes of this section at the end of the term stated in the agreement, notwithstanding any provision of the agreement that it remain in effect, in whole or in part, after the end of that term until a successor agreement becomes effective.

      2.  Except as otherwise provided in subsection 3 and notwithstanding any provision of the collective bargaining agreement to the contrary, upon the expiration of a collective bargaining agreement, if no successor agreement is effective and until a successor agreement becomes effective, a local government employer shall not pay to or on behalf of any employee in the affected bargaining unit any compensation or monetary benefits in any amount greater than the amount in effect as of the expiration of the collective bargaining agreement.

      3.  The provisions of subsection 2 do not prohibit a local government employer from paying:

      (a) An increase in compensation or monetary benefits during the first quarter of the next ensuing fiscal year of the local government employer after the expiration of a collective bargaining agreement; or

      (b) An increase in the employer’s portion of the matching contribution rate for employees and employers in accordance with an adjustment in the rate of contributions pursuant to NRS 286.450.]

      Sec. 4. NRS 288.170 is hereby amended to read as follows:

      288.170  1.  Each local government employer which has recognized one or more employee organizations shall determine, after consultation with the recognized organization or organizations, which group or groups of its employees constitute an appropriate unit or units for negotiating. The primary criterion for that determination must be the community of interest among the employees concerned.

      2.  A [school district administrator above the rank of principal, including without limitation, a superintendent, associate superintendent, assistant superintendent or any school district administrator designated as a chief or assistant chief or any central office administrator irrespective of position title who supervises school principals, must be excluded from any bargaining unit.] principal, assistant principal or other school administrator, school district administrator or central office administrator below the rank of superintendent, associate superintendent or assistant superintendent shall not be a member of the same bargaining unit with public school teachers unless the school district employs fewer than five principals but may join with other officials of the same specified ranks to negotiate as a separate bargaining unit.

 


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

ê2019 Statutes of Nevada, Page 2678 (CHAPTER 432, SB 153)ê

 

not be a member of the same bargaining unit with public school teachers unless the school district employs fewer than five principals but may join with other officials of the same specified ranks to negotiate as a separate bargaining unit.

      3.  A head of a department of a local government, an administrative employee or a supervisory employee must not be a member of the same bargaining unit as the employees under the direction of that department head, administrative employee or supervisory employee. Any dispute between the parties as to whether an employee is a supervisor must be submitted to the Board. An employee organization which is negotiating on behalf of two or more bargaining units consisting of firefighters or police officers, as defined in NRS 288.215, may select members of the units to negotiate jointly on behalf of each other, even if one of the units consists of supervisory employees and the other unit does not.

      4.  Confidential employees of the local government employer must be excluded from any bargaining unit but are entitled to participate in any plan to provide benefits for a group that is administered by the bargaining unit of which they would otherwise be a member.

      5.  If any employee organization is aggrieved by the determination of a bargaining unit, it may appeal to the Board. Subject to judicial review, the decision of the Board is binding upon the local government employer and employee organizations involved. The Board shall apply the same criterion as specified in subsection 1.

      6.  As used in this section:

      (a) “Confidential employee” means an employee who is involved in the decisions of management affecting collective bargaining.

      (b) “Supervisory employee” means a supervisory employee described in paragraph (a) of subsection 1 of NRS 288.075.

      Sec. 5. NRS 288.180 is hereby amended to read as follows:

      288.180  1.  Whenever an employee organization desires to negotiate concerning any matter which is subject to negotiation pursuant to this chapter, it shall give written notice of that desire to the local government employer. [Except as otherwise provided in this subsection, if] If the subject of negotiation requires the budgeting of money by the local government employer, the employee organization shall give notice on or before February 1. [If an employee organization representing teachers or educational support personnel desires to negotiate concerning any matter which is subject to negotiation pursuant to this chapter, it shall give the notice required by this subsection on or before January 1.]

      2.  Following the notification provided for in subsection 1, the employee organization or the local government employer may request reasonable information concerning any subject matter included in the scope of mandatory bargaining which it deems necessary for and relevant to the negotiations. The information requested must be furnished without unnecessary delay. The information must be accurate, and must be presented in a form responsive to the request and in the format in which the records containing it are ordinarily kept. If the employee organization requests financial information concerning a metropolitan police department, the local government employers which form that department shall furnish the information to the employee organization.

      3.  The parties shall promptly commence negotiations. As the first step, the parties shall discuss the procedures to be followed if they are unable to agree on one or more issues.

 


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

ê2019 Statutes of Nevada, Page 2679 (CHAPTER 432, SB 153)ê

 

      4.  This section does not preclude, but this chapter does not require, informal discussion between an employee organization and a local government employer of any matter which is not subject to negotiation or contract under this chapter. Any such informal discussion is exempt from all requirements of notice or time schedule.

      Sec. 6. NRS 288.217 is hereby amended to read as follows:

      288.217  1.  The provisions of this section govern negotiations between school districts and employee organizations representing teachers and educational support personnel.

      2.  [Not later than 330 days before the end of the term stated in their collective bargaining agreement, the parties shall select an arbitrator in the manner provided in subsection 2 of NRS 288.200 to conduct a hearing in the event that an impasse is declared pursuant to subsection 3. The parties and the arbitrator shall schedule a hearing of not less than 3 consecutive business days, to begin not later than June 10 immediately preceding the end of the term stated in the collective bargaining agreement or 60 days before the end of that term, whichever is earlier. As a condition of his or her selection, the arbitrator must agree to render a decision, if the hearing is held, within the time required by subsection 9. If the arbitrator fails or refuses to agree to any of the conditions stated in this subsection, the parties shall immediately proceed to select another arbitrator in the manner provided in subsection 2 of NRS 288.200 until an arbitrator is selected who agrees to those conditions.

      3.]  If the parties to a negotiation pursuant to this section have failed to reach an agreement after at least [eight] four sessions of negotiation, either party may declare the negotiations to be at an impasse and, after 5 days’ written notice is given to the other party, submit the issues remaining in dispute to [the] an arbitrator . [selected pursuant to subsection 2.] The arbitrator must be selected in the manner provided in subsection 2 of NRS 288.200 and has the powers provided for fact finders in NRS 288.210.

      [4.]3.  The arbitrator shall, [pursuant to subsection 2,] within 30 days after the arbitrator is selected, and after 7 days’ written notice is given to the parties, hold a hearing to receive information concerning the dispute. The hearing must be held in the county in which the school district is located and the arbitrator shall arrange for a full and complete record of the hearing.

      [5.]4.  The parties to the dispute shall each pay one-half of the costs of the arbitration.

      [6.]5.  A determination of the financial ability of a school district must be based on:

      (a) All existing available revenues as established by the school district and within the limitations set forth in NRS 354.6241, with due regard for the obligation of the school district to provide an education to the children residing within the district.

      (b) Consideration of funding for the current year being negotiated. If the parties mutually agree to arbitrate a multi-year contract the arbitrator must consider the ability to pay over the life of the contract being negotiated or arbitrated.

Ê Once the arbitrator has determined in accordance with this subsection that there is a current financial ability to grant monetary benefits, the arbitrator shall consider, to the extent appropriate, compensation of other governmental employees, both in and out of this State.

 


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

ê2019 Statutes of Nevada, Page 2680 (CHAPTER 432, SB 153)ê

 

      [7.]6.  At the recommendation of the arbitrator, the parties may, before the submission of a final offer, enter into negotiations. If the negotiations are begun, the arbitrator may adjourn the hearing for a period of 3 weeks. If an agreement is reached, it must be submitted to the arbitrator, who shall certify it as final and binding.

      [8.]7.  If the parties do not enter into negotiations or do not agree within [7] 30 days after the hearing held pursuant to subsection [4,] 3, each of the parties shall submit a single written statement containing its final offer for each of the unresolved issues.

      [9.]8.  The arbitrator shall, within 10 days after the final offers are submitted, render a decision on the basis of the criteria set forth in NRS 288.200. The arbitrator shall accept one of the written statements and shall report the decision to the parties. The decision of the arbitrator is final and binding on the parties. Any award of the arbitrator is retroactive to the expiration date of the last contract between the parties.

      [10.]9.  The decision of the arbitrator must include a statement:

      (a) Giving the arbitrator’s reason for accepting the final offer that is the basis of the arbitrator’s award; and

      (b) Specifying the arbitrator’s estimate of the total cost of the award.

      [11.]10.  Within 45 days after the receipt of the decision from the arbitrator, the board of trustees of the school district shall hold a public meeting in accordance with the provisions of chapter 241 of NRS. The meeting must include a discussion of:

      (a) The issues submitted pursuant to subsection [3;] 2;

      (b) The statement of the arbitrator pursuant to subsection [10;] 9; and

      (c) The overall fiscal impact of the decision which must not include a discussion of the details of the decision.

Ê The arbitrator must not be asked to discuss the decision during the meeting.

      [12.]11.  The superintendent of the school district shall report to the board of trustees the fiscal impact of the decision. The report must include, without limitation, an analysis of the impact of the decision on compensation and reimbursement, funding, benefits, hours, working conditions or other terms and conditions of employment.

      [13.]12.  As used in this section:

      (a) “Educational support personnel” means all classified employees of a school district, other than teachers, who are represented by an employee organization.

      (b) “Teacher” means an employee of a school district who is licensed to teach in this State and who is represented by an employee organization.

      Sec. 7. NRS 288.280 is hereby amended to read as follows:

      288.280  Any controversy concerning prohibited practices may be submitted to the Board in the same manner and with the same effect as provided in NRS 288.110, except that an alleged failure to provide information as provided by NRS 288.180 must be heard and determined by the Board as soon as possible after the complaint is filed with the Board . [and, in any case, not later than 45 days after the Board decides to hear the complaint, unless the parties agree to waive this requirement.]

      Sec. 8. NRS 388A.533 is hereby amended to read as follows:

      388A.533  1.  All employees of a charter school shall be deemed public employees.

 


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

ê2019 Statutes of Nevada, Page 2681 (CHAPTER 432, SB 153)ê

 

      2.  Except as otherwise provided in NRS 388A.5342, the governing body of a charter school may make all decisions concerning the terms and conditions of employment with the charter school and any other matter relating to employment with the charter school. In addition, the governing body may make all employment decisions with regard to its employees pursuant to NRS 391.650 to [391.830,] 391.826, inclusive, unless a collective bargaining agreement entered into by the governing body pursuant to chapter 288 of NRS contains separate provisions relating to the discipline of licensed employees of a school.

      3.  Upon the request of the governing body of a charter school, the board of trustees of a school district shall, with the permission of the licensed employee who is seeking employment with the charter school, transmit to the governing body a copy of the employment record of the employee that is maintained by the school district. The employment record must include, without limitation, each evaluation of the licensed employee conducted by the school district and any disciplinary action taken by the school district against the licensed employee.

      Sec. 9. NRS 388B.410 is hereby amended to read as follows:

      388B.410  1.  All employees of an achievement charter school shall be deemed public employees and are not employees of the Department.

      2.  Except as otherwise provided in a collective bargaining agreement entered into by the governing body of an achievement charter school pursuant to chapter 288 of NRS, the principal of an achievement charter school may make:

      (a) All decisions concerning the terms and conditions of employment with the achievement charter school and any other matter relating to employment with the achievement charter school; and

      (b) All employment decisions with regard to the employees of the achievement charter school pursuant to NRS 391.650 to [391.830,] 391.826, inclusive.

      3.  Upon the request of the governing body of an achievement charter school, the board of trustees of a school district shall, with the permission of the licensed employee who is seeking employment with the achievement charter school, transmit to the governing body a copy of the employment record of the employee that is maintained by the school district. The employment record must include, without limitation, each evaluation of the licensed employee conducted by the school district and any disciplinary action taken by the school district against the licensed employee.

      Sec. 10. NRS 391.650 is hereby amended to read as follows:

      391.650  As used in NRS 391.650 to [391.830,] 391.826, inclusive, unless the context otherwise requires:

      1.  “Administrator” means any employee who holds a license as an administrator and who is employed in that capacity by a school district.

      2.  “Board” means the board of trustees of the school district in which a licensed employee affected by NRS 391.650 to [391.830,] 391.826, inclusive, is employed.

      3.  “Demotion” means demotion of an administrator to a position of lesser rank, responsibility or pay and does not include transfer or reassignment for purposes of an administrative reorganization.

      4.  “Immorality” means:

 


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

ê2019 Statutes of Nevada, Page 2682 (CHAPTER 432, SB 153)ê

 

      (a) An act forbidden by NRS 200.366, 200.368, 200.400, 200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265, 201.540, 201.560, 207.260, 453.316 to 453.336, inclusive, except an act forbidden by NRS 453.337, 453.338, 453.3385 to 453.3405, inclusive, 453.560 or 453.562; or

      (b) An act forbidden by NRS 201.540 or any other sexual conduct or attempted sexual conduct with a pupil enrolled in an elementary or secondary school. As used in this paragraph, “sexual conduct” has the meaning ascribed to it in NRS 201.520.

      5.  “Postprobationary employee” means an administrator or a teacher who has completed the probationary period as provided in NRS 391.820 and has been given notice of reemployment. The term does not include a person who is deemed to be a probationary employee pursuant to NRS 391.730.

      6.  “Probationary employee” means:

      (a) An administrator or a teacher who is employed for the period set forth in NRS 391.820; and

      (b) A person who is deemed to be a probationary employee pursuant to NRS 391.730.

      7.  “Superintendent” means the superintendent of a school district or a person designated by the board or superintendent to act as superintendent during the absence of the superintendent.

      8.  “Teacher” means a licensed employee the majority of whose working time is devoted to the rendering of direct educational service to pupils of a school district.

      Sec. 11. NRS 391.655 is hereby amended to read as follows:

      391.655  1.  The demotion, suspension, dismissal and nonreemployment provisions of NRS 391.650 to [391.830,] 391.826, inclusive, do not apply to:

      (a) Substitute teachers; or

      (b) Adult education teachers.

      2.  The admonition, demotion, suspension, dismissal and nonreemployment provisions of NRS 391.650 to 391.800, inclusive, do not apply to:

      (a) A probationary teacher. The policy for evaluations prescribed in NRS 391.685 and 391.725 applies to a probationary teacher.

      (b) [A principal described in subsection 1 of NRS 391.825 with respect to his or her employment as a principal.

      (c) A principal who is employed at-will pursuant to subsection 2 of NRS 391.825.

      (d) An administrator described in subsection 2 of NRS 391.830.

      (e)] A new employee who is employed as a probationary administrator primarily to provide administrative services at the school level and not primarily to provide direct instructional services to pupils, regardless of whether licensed as a teacher or administrator, including, without limitation, a principal and vice principal.

[Ê Insofar as it is consistent with the provisions of NRS 391.825 and 391.830, the] The policy for evaluations prescribed in NRS 391.700 and 391.725 applies to [any] such a probationary administrator . [described in this subsection.]

      3.  The admonition, demotion and suspension provisions of NRS 391.650 to 391.800, inclusive, do not apply to a postprobationary teacher who is employed as a probationary administrator primarily to provide administrative services at the school level and not primarily to provide direct instructional services to pupils, regardless of whether licensed as a teacher or administrator, including, without limitation, a principal and vice principal, with respect to his or her employment in the administrative position.

 


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

ê2019 Statutes of Nevada, Page 2683 (CHAPTER 432, SB 153)ê

 

including, without limitation, a principal and vice principal, with respect to his or her employment in the administrative position. The policy for evaluations prescribed in NRS 391.700 and 391.725 applies to such a probationary administrator.

      4.  The provisions of NRS 391.650 to 391.800, inclusive, do not apply to a teacher whose employment is suspended or terminated pursuant to subsection 3 of NRS 391.120 or NRS 391.3015 for failure to maintain a license in force.

      5.  A licensed employee who is employed in a position fully funded by a federal or private categorical grant or to replace another licensed employee during that employee’s leave of absence is employed only for the duration of the grant or leave. Such a licensed employee and licensed employees who are employed on temporary contracts for 90 school days or less, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, to replace licensed employees whose employment has terminated after the beginning of the school year are entitled to credit for that time in fulfilling any period of probation and during that time the provisions of NRS 391.650 to [391.830,] 391.826, inclusive, for demotion, suspension or dismissal apply to them.

      Sec. 12. NRS 391.660 is hereby amended to read as follows:

      391.660  Excluding the provisions of NRS 391.730, [391.825 and 391.830,] the provisions of NRS 391.650 to [391.830,] 391.826, inclusive, do not apply to a teacher , administrator or other licensed employee who has entered into a contract with the board negotiated pursuant to chapter 288 of NRS if the contract contains separate provisions relating to the board’s right to dismiss or refuse to reemploy the employee [.] or demote an administrator.

      Sec. 13. NRS 391.700 is hereby amended to read as follows:

      391.700  [Except as otherwise provided in NRS 391.825 and 391.830:]

      1.  Each board, following consultation with and involvement of elected representatives of administrative personnel or their designated representatives, shall develop an objective policy for the objective evaluation of administrators in narrative form. The policy must provide for the evaluation of those administrators who provide primarily administrative services at the school level and who do not provide primarily direct instructional services to pupils, regardless of whether such an administrator is licensed as a teacher or administrator, including, without limitation, a principal and a vice principal. The policy must also provide for the evaluation of those administrators at the district level who provide direct supervision of the principal of a school. The policy must comply with the statewide performance evaluation system established by the State Board pursuant to NRS 391.465. The policy may include an evaluation by the administrator, superintendent, pupils or other administrators or any combination thereof. A copy of the policy adopted by the board must be filed with the Department and made available to the Commission.

      2.  The person charged with the evaluation of an administrator pursuant to NRS 391.705 or 391.710 shall hold a conference with the administrator before and after each scheduled observation of the administrator during the school year.

 


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

ê2019 Statutes of Nevada, Page 2684 (CHAPTER 432, SB 153)ê

 

      Sec. 14. NRS 391.730 is hereby amended to read as follows:

      391.730  [Except as otherwise provided in NRS 391.825, a] A postprobationary employee who receives an evaluation designating his or her overall performance as:

      1.  Developing;

      2.  Ineffective; or

      3.  Developing during 1 year of the 2-year consecutive period and ineffective during the other year of the period,

Ê for 2 consecutive school years shall be deemed to be a probationary employee for the purposes of NRS 391.650 to [391.830,] 391.826, inclusive, and must serve an additional probationary period in accordance with the provisions of NRS 391.820.

      Sec. 15. NRS 391.755 is hereby amended to read as follows:

      391.755  1.  Whenever an administrator charged with supervision of a licensed employee believes it is necessary to admonish the employee for a reason that the administrator believes may lead to demotion or dismissal or may cause the employee not to be reemployed under the provisions of NRS 391.750, the administrator shall:

      (a) Except as otherwise provided in subsection 3, bring the matter to the attention of the employee involved, in writing, stating the reasons for the admonition and that it may lead to the employee’s demotion, dismissal or a refusal to reemploy him or her, and make a reasonable effort to assist the employee to correct whatever appears to be the cause for the employee’s potential demotion, dismissal or a potential recommendation not to reemploy him or her; and

      (b) Except as otherwise provided in NRS 391.760, allow reasonable time for improvement, which must not exceed 3 months for the first admonition.

Ê The admonition must include a description of the deficiencies of the employee and the action that is necessary to correct those deficiencies.

      2.  An admonition issued to a licensed employee who, within the time granted for improvement, has met the standards set for the employee by the administrator who issued the admonition must be removed from the records of the employee together with all notations and indications of its having been issued. The admonition must be removed from the records of the employee not later than 3 years after it is issued.

      3.  An administrator need not admonish an employee pursuant to paragraph (a) of subsection 1 if the administrator has been informed by the superintendent that the superintendent intends to recommend the dismissal of the employee to the board in the manner set forth in NRS 391.822, 391.824 and 391.826.

      4.  A licensed employee is subject to immediate dismissal or a refusal to reemploy according to the procedures provided in NRS 391.650 to [391.830,] 391.826, inclusive, without the admonition required by this section, on grounds contained in paragraphs (b), (f), (g), (h), (p), (s), (t) and (u) of subsection 1 of NRS 391.750.

      Sec. 16. NRS 391.775 is hereby amended to read as follows:

      391.775  [Except as otherwise provided in NRS 391.825 and 391.830:]

      1.  At least 15 days before recommending to a board that it demote, dismiss or not reemploy a postprobationary employee, the superintendent shall give written notice to the employee, by registered or certified mail, of the superintendent’s intention to make the recommendation.

 


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

ê2019 Statutes of Nevada, Page 2685 (CHAPTER 432, SB 153)ê

 

      2.  The notice must:

      (a) Inform the licensed employee of the grounds for the recommendation.

      (b) Inform the employee that, if a written request therefor is directed to the superintendent within 10 days after receipt of the notice, the employee is entitled to a hearing before a hearing officer pursuant to NRS 391.765 to 391.800, inclusive, or if a dismissal of the employee will occur before the completion of the current school year or if the employee is deemed to be a probationary employee pursuant to NRS 391.730 and dismissal of the employee will occur before the completion of the current school year, the employee may request an expedited hearing pursuant to subsection 3.

      (c) Refer to chapter 391 of NRS.

      3.  If a postprobationary employee or an employee who is deemed to be a probationary employee pursuant to NRS 391.730 receives notice that he or she will be dismissed before the completion of the current school year, the employee may request an expedited hearing pursuant to the Expedited Labor Arbitration Procedures established by the American Arbitration Association or its successor organization. If the employee elects to proceed under the expedited procedures, the provisions of NRS 391.770, 391.785 and 391.795 do not apply.

      Sec. 17. NRS 391.820 is hereby amended to read as follows:

      391.820  [Except as otherwise provided in NRS 391.825:]

      1.  A probationary employee is employed on a contract basis for three 1-year periods and has no right to employment after any of the three probationary contract years.

      2.  The board shall notify each probationary employee in writing during the first, second and third school years of the employee’s probationary period whether the employee is to be reemployed for the second or third year of the probationary period or for the fourth school year as a postprobationary employee. Such notice must be provided:

      (a) On or before May 1; or

      (b) On or before May 15 of an odd-numbered year so long as the board notifies the employee of the extension by April 1.

      3.  Failure of the board to notify the probationary employee in writing on or before May 1 or May 15, as applicable, in the first or second year of the probationary period does not entitle the employee to postprobationary status.

      4.  The employee must advise the board in writing during the first, second or third year of the employee’s probationary period of the employee’s acceptance of reemployment. Such notice must be provided:

      (a) On or before May 10 if the board provided its notice on or before May 1; or

      (b) On or before May 25 if the board provided a notice of an extension pursuant to paragraph (b) of subsection 2.

      5.  If a probationary employee is assigned to a school that operates all year, the board shall notify the employee in writing, in the first, second and third years of the employee’s probationary period, no later than 45 days before his or her last day of work for the year under his or her contract whether the employee is to be reemployed for the second or third year of the probationary period or for the fourth school year as a postprobationary employee. Failure of the board to notify a probationary employee in writing within the prescribed period in the first or second year of the probationary period does not entitle the employee to postprobationary status.

 


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

ê2019 Statutes of Nevada, Page 2686 (CHAPTER 432, SB 153)ê

 

employee to postprobationary status. The employee must advise the board in writing within 10 days after the date of notification of his or her acceptance or rejection of reemployment for another year. Failure to advise the board of the employee’s acceptance of reemployment pursuant to this subsection constitutes rejection of the contract.

      6.  A probationary employee who:

      (a) Completes a 3-year probationary period;

      (b) Receives a designation of “highly effective” or “effective” on each of his or her performance evaluations for 2 consecutive school years; and

      (c) Receives a notice of reemployment from the school district in the third year of the employee’s probationary period,

Ê is entitled to be a postprobationary employee in the ensuing year of employment.

      7.  If a probationary employee is notified that the employee will not be reemployed for the school year following the 3-year probationary period, his or her employment ends on the last day of the current school year. The notice that the employee will not be reemployed must include a statement of the reasons for that decision.

      8.  A new employee who is employed as an administrator to provide primarily administrative services at the school level and who does not provide primarily direct instructional services to pupils, regardless of whether the administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal, or a postprobationary teacher who is employed as an administrator to provide those administrative services shall be deemed to be a probationary employee for the purposes of this section and must serve a 3-year probationary period as an administrator in accordance with the provisions of this section. If:

      (a) A postprobationary teacher who is an administrator is not reemployed as an administrator after any year of his or her probationary period; and

      (b) There is a position as a teacher available for the ensuing school year in the school district in which the person is employed,

Ê the board of trustees of the school district shall, on or before May 1 or May 15, as applicable, offer the person a contract as a teacher for the ensuing school year. The person may accept the contract in writing on or before May 10 or May 25, as applicable. If the person fails to accept the contract as a teacher, the person shall be deemed to have rejected the offer of a contract as a teacher.

      9.  An administrator who has completed his or her probationary period pursuant to subsection 8 and is thereafter promoted to the position of principal must serve an additional probationary period of [2 years] 1 year in the position of principal. If an administrator is promoted to the position of principal before completion of his or her probationary period pursuant to subsection 8, the administrator must serve the remainder of his or her probationary period pursuant to subsection 8 or an additional probationary period of [2 years] 1 year in the position of principal, whichever is longer. If the administrator serving the additional probationary period is not reemployed as a principal after the expiration of the probationary period or additional probationary period, as applicable, the board of trustees of the school district in which the person is employed shall, on or before May 1 or May 15, as applicable, offer the person a contract for the ensuing school year for the administrative position in which the person attained postprobationary status.

 


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

ê2019 Statutes of Nevada, Page 2687 (CHAPTER 432, SB 153)ê

 

in which the person attained postprobationary status. The person may accept the contract in writing on or before May 10 or May 25, as applicable. If the person fails to accept such a contract, the person shall be deemed to have rejected the offer of employment.

      Sec. 18. NRS 391A.400 is hereby amended to read as follows:

      391A.400  1.  There is hereby created the Grant Fund for Incentives for Licensed Educational Personnel to be administered by the Department. The Department may accept gifts and grants from any source for deposit in the Grant Fund.

      2.  The board of trustees of each school district shall establish a program of incentive pay for licensed teachers, school psychologists, school librarians, school counselors and administrators employed at the school level which must be designed to attract and retain those employees. The program must be negotiated pursuant to chapter 288 of NRS [, insofar as the provisions of that chapter apply to those employees,] and must include, without limitation, the attraction and retention of:

      (a) Licensed teachers, school psychologists, school librarians, school counselors and administrators employed at the school level who have been employed in that category of position for at least 5 years in this State or another state and who are employed in schools which are at-risk, as determined by the Department pursuant to subsection 8; and

      (b) Teachers who hold a license or endorsement in the field of mathematics, science, special education, English as a second language or other area of need within the school district, as determined by the Superintendent of Public Instruction.

      3.  A program of incentive pay established by a school district must specify the type of financial incentives offered to the licensed educational personnel. Money available for the program must not be used to negotiate the salaries of individual employees who participate in the program.

      4.  If the board of trustees of a school district wishes to receive a grant of money from the Grant Fund, the board of trustees shall submit to the Department an application on a form prescribed by the Department. The application must include a description of the program of incentive pay established by the school district.

      5.  The Superintendent of Public Instruction shall compile a list of the financial incentives recommended by each school district that submitted an application. On or before December 1 of each year, the Superintendent shall submit the list to the Interim Finance Committee for its approval of the recommended incentives.

      6.  After approval of the list of incentives by the Interim Finance Committee pursuant to subsection 5 and within the limits of money available in the Grant Fund, the Department shall provide grants of money to each school district that submits an application pursuant to subsection 4 based upon the amount of money that is necessary to carry out each program. If an insufficient amount of money is available to pay for each program submitted to the Department, the amount of money available must be distributed pro rata based upon the number of licensed employees who are estimated to be eligible to participate in the program in each school district that submitted an application.

      7.  An individual employee may not receive as a financial incentive pursuant to a program an amount of money that is more than $3,500 per year.

 


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

ê2019 Statutes of Nevada, Page 2688 (CHAPTER 432, SB 153)ê

 

      8.  The Department shall, in consultation with representatives appointed by the Nevada Association of School Superintendents and the Nevada Association of School Boards, develop a formula for identifying at-risk schools for purposes of this section. The formula must be developed on or before July 1 of each year and include, without limitation, the following factors:

      (a) The percentage of pupils who are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq.;

      (b) The transiency rate of pupils;

      (c) The percentage of pupils who are English learners;

      (d) The percentage of pupils who have individualized education programs; and

      (e) The percentage of pupils who drop out of high school before graduation.

      9.  The board of trustees of each school district that receives a grant of money pursuant to this section shall evaluate the effectiveness of the program for which the grant was awarded. The evaluation must include, without limitation, an evaluation of whether the program is effective in recruiting and retaining the personnel as set forth in subsection 2. On or before December 1 of each year, the board of trustees shall submit a report of its evaluation to the:

      (a) Governor;

      (b) State Board;

      (c) Interim Finance Committee;

      (d) If the report is submitted in an even-numbered year, Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature; and

      (e) Legislative Committee on Education.

      Sec. 19.  Insofar as they conflict with the provisions of such an agreement, the amendatory provisions of this act do not apply during the current term of any collective bargaining agreement entered into before the effective date of this act, but do apply to any extension or renewal of such an agreement and to any collective bargaining agreement entered into on or after the effective date of this act. For the purposes of this section, the term of a collective bargaining agreement ends on the date provided in the agreement, notwithstanding any provision of the agreement that it remains in effect, in whole or in part, after that date until a successor agreement becomes effective.

      Sec. 20. NRS 288.225, 391.825 and 391.830 are hereby repealed.

      Sec. 21.  This act becomes effective upon passage and approval.

________

 


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

ê2019 Statutes of Nevada, Page 2689ê

 

CHAPTER 433, AB 300

Assembly Bill No. 300–Assemblywoman Miller

 

CHAPTER 433

 

[Approved: June 6, 2019]

 

AN ACT relating to veterans; providing for the optional collection and reporting of certain information relating to the health of veterans; providing for outreach and continuing education concerning certain issues relating to the health of veterans; requiring the statewide information and referral system to provide nonemergency information and referrals to the general public to include information concerning service-connected disabilities and diseases; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Director of the Department of Veterans Services to assist veterans and their family members in obtaining benefits and to disseminate information relating to veterans’ benefits. (NRS 417.090) Section 5 of this bill requires the Director to: (1) prescribe a questionnaire for veterans concerning their experience in the military and any service-connected disabilities and diseases; and (2) annually submit the information obtained through the questionnaire to the Division of Public and Behavioral Health of the Department of Health and Human Services. Section 6 of this bill requires the Director to conduct public outreach programs to provide information and raise public awareness concerning service-connected disabilities and diseases and survivor benefits available to family members of veterans. Section 6 also requires the Director to collaborate with certain nonprofit organizations to identify veterans and descendants of veterans who have service-connected diseases and refer such persons for appropriate services. Section 7 of this bill requires the Director to: (1) collaborate with the United States Department of Veterans Affairs when carrying out the provisions of this bill; and (2) submit to the Department of Health and Human Services, the Governor and the Legislature an annual report concerning the measures taken by the Director to carry out the provisions of this bill.

      Existing law requires the Department of Health and Human Services to establish and maintain a statewide information and referral system to provide nonemergency information and referrals to the general public concerning the health, welfare, human and social services provided by public or private entities in this State. (NRS 232.359) Section 8 of this bill requires that system to include information concerning service-connected disabilities and diseases.

      Section 9 of this bill requires the Division of Public and Behavioral Health to provide free continuing education courses or information concerning issues related to the health of veterans, including service-connected disabilities and diseases, to providers of health care and certain other persons. Section 9 also requires the Division to compile and submit to the Governor, the Department of Veterans Services and the Legislative Committee on Senior Citizens, Veterans and Adults with Special Needs an annual report on the health of veterans in this State.

      Sections 10-12, 14-16, 18 and 20 of this bill authorize certain providers of health care to: (1) ask each new patient or client who is over 18 years of age if he or she is a veteran; and (2) if the patient or client indicates that he or she is a veteran, provide the patient or client with the contact information for the Department of Veterans Services. Sections 10-12 and 14 additionally authorize professional licensing boards that license physicians, physician assistants, osteopathic physicians, advanced practice registered nurses and chiropractors to ask applicants for the renewal of a license whether the applicant inquires into the veteran status of patients.

 

 

 


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

ê2019 Statutes of Nevada, Page 2690 (CHAPTER 433, AB 300)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 417 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Provider of health care” means a physician, physician assistant, advanced practice registered nurse, osteopathic physician, chiropractor, psychologist, marriage and family therapist, clinical professional counselor, clinical social worker, alcohol and drug abuse counselor, clinical alcohol and drug abuse counselor or problem gambling counselor.

      Sec. 4. “Veteran” means a person who:

      1.  Was regularly enlisted, drafted, inducted or commissioned in the:

      (a) Armed Forces of the United States;

      (b) National Guard or a reserve component of the Armed Forces of the United States; or

      (c) Commissioned Corps of the United States Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States; and

      2.  Was separated from such service under conditions other than dishonorable.

      Sec. 5. 1.  The Director shall develop and post on an Internet website maintained by the Department a questionnaire to be given to veterans who contact the Department using information provided by providers of health care pursuant to sections 10, 11, 12, 14, 15, 16, 18 and 20 of this act. The questionnaire must be designed to obtain information concerning:

      (a) The veteran’s experience in the military, including, without limitation, the branch of the military in which the veteran served, the veteran’s job while in the military, any battle, conflict or war in which the veteran served and the locations where the veteran was stationed;

      (b) Any service-connected disabilities and diseases, including, without limitation, diseases presumed to be service-connected pursuant to 38 C.F.R. §§ 3.303 to 3.344, inclusive, from which the veteran may suffer; and

      (c) Whether the veteran is enrolled with and receiving benefits from the United States Department of Veterans Affairs.

      2.  On or before January 31 of each year, the Director shall submit the information obtained pursuant to this section to the Division of Public and Behavioral Health of the Department of Health and Human Services.

      Sec. 6. 1.  The Director shall conduct public outreach programs which must include, without limitation, posting information concerning the topics described in this subsection on an Internet website maintained by the Director. The programs may also include, without limitation, public service announcements and the distribution of brochures and other media for display in the offices of persons who provide services to veterans and the families of veterans. The programs must be designed to provide information and raise public awareness concerning:

 


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

ê2019 Statutes of Nevada, Page 2691 (CHAPTER 433, AB 300)ê

 

      (a) Service-connected disabilities and diseases, including, without limitation, diseases presumed to be service-connected pursuant to 38 C.F.R. §§ 3.303 to 3.344, inclusive; and

      (b) Survivor benefits available to family members of veterans.

      2.  The Director shall collaborate with nonprofit organizations that provide services to veterans and their families, including, without limitation, the American Heart Association or its successor organization, the American Lung Association or its successor organization and the Leukemia and Lymphoma Society or its successor organization, to:

      (a) Identify veterans and the children and grandchildren of veterans who have service-connected disabilities and diseases, including, without limitation, diseases presumed to be service-connected pursuant to 38 C.F.R. §§ 3.303 to 3.344, inclusive; and

      (b) Refer any such persons to appropriate services offered by the United States Department of Veterans Affairs.

      Sec. 7. The Director shall:

      1.  Collaborate with the United States Department of Veterans Affairs to carry out the duties prescribed by sections 5 and 6 of this act.

      2.  On or before January 31 of each year, submit to the Director of the Department of Health and Human Services, the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report that includes, without limitation:

      (a) A description of the actions taken during the immediately preceding year pursuant to section 6 of this act and an evaluation of the effectiveness of those actions; and

      (b) A summary of any referrals made pursuant to subsection 2 of section 6 of this act during the immediately preceding year.

      Sec. 8. NRS 232.359 is hereby amended to read as follows:

      232.359  1.  The Department, in collaboration with any state or local agencies or community-based organizations which provide information and referral services concerning health, welfare, human and social services and any group established by the Governor to implement a statewide information and referral system concerning health, welfare, human and social services, shall establish and maintain a statewide information and referral system to provide nonemergency information and referrals to the general public concerning the health, welfare, human and social services provided by public or private entities in this State. The system must:

      (a) Integrate any information and referral systems previously established by state agencies, local agencies or community-based organizations with the system established pursuant to this section;

      (b) Be the sole system in this State which is accessible to a person by dialing the digits 2-1-1 and which provides nonemergency information and referrals to the general public concerning the health, welfare, human and social services provided by public or private entities in this State;

      (c) Be accessible to a person using the public telephone system by dialing the digits 2-1-1; [and]

      (d) Include information that is updated periodically [.] ; and

      (e) Include information concerning service-connected disabilities and diseases, including, without limitation, diseases presumed to be service-connected pursuant to 38 C.F.R. §§ 3.303 to 3.344, inclusive.

      2.  In establishing the statewide information and referral system, the Department, any state or local agencies or community-based organizations which provide information and referral services concerning health, welfare, human and social services and any group established by the Governor to implement a statewide information and referral system concerning health, welfare, human and social services shall consult with representatives of:

 


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

ê2019 Statutes of Nevada, Page 2692 (CHAPTER 433, AB 300)ê

 

human and social services and any group established by the Governor to implement a statewide information and referral system concerning health, welfare, human and social services shall consult with representatives of:

      (a) The Public Utilities Commission of Nevada;

      (b) Telephone companies which provide service through a local exchange in this State;

      (c) Companies that provide wireless phone services in this State;

      (d) Existing information and referral services established by state agencies, local agencies or community-based organizations;

      (e) State and local agencies or other organizations that provide health, welfare, human and social services;

      (f) Nonprofit organizations; and

      (g) Such other agencies, entities and organizations as determined necessary by the Department, any state or local agencies or community-based organizations which provide information and referral services concerning health, welfare, human and social services or any group established by the Governor to implement a statewide information and referral system concerning health, welfare, human and social services.

      3.  The Public Utilities Commission of Nevada, each telephone company which provides service through a local exchange in this State and each company that provides wireless phone services in this State shall cooperate with the Department, any state or local agencies or community-based organizations which provide information and referral services concerning health, welfare, human and social services and any group established by the Governor to implement a statewide information and referral system concerning health, welfare, human and social services in the establishment of the statewide information and referral system.

      Sec. 9. Chapter 439 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Division shall, in collaboration with the United States Department of Veterans Affairs and the Department of Veterans Services:

      (a) Establish continuing education courses concerning the health of veterans and make those courses available at no cost to providers of health care and any person who provides services related to the health or welfare of veterans and family members of veterans; or

      (b) Provide information concerning the health of veterans to providers of health care and any person who provides services related to the health or welfare of veterans and family members of veterans.

      2.  Continuing education courses established pursuant to subsection 1 or information provided pursuant to that subsection must include, without limitation, information concerning service-connected disabilities and diseases, including, without limitation, diseases presumed to be service-connected pursuant to 38 C.F.R. §§ 3.303 to 3.344, inclusive.

      3.  On or before April 1 of each year, the Division shall:

      (a) Compile a report concerning the health of veterans in this State. The report must include, without limitation:

             (1) Information concerning trends in cancers, other illnesses and deaths related to service-connected disabilities and diseases, including, without limitation, diseases presumed to be service-connected pursuant to 38 C.F.R. §§ 3.303 to 3.344; and

             (2) A summary of the information submitted to the Division pursuant to section 5 of this act.

 


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

ê2019 Statutes of Nevada, Page 2693 (CHAPTER 433, AB 300)ê

 

      (b) Submit the report to the Governor, the Department of Veterans Services and the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Senior Citizens, Veterans and Adults with Special Needs created by NRS 218E.750.

      4.  As used in this section, “provider of health care” has the meaning ascribed to it in section 3 of this act.

      Sec. 10. Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A physician or physician assistant may:

      (a) Ask each new patient who is 18 years of age or older if he or she is a veteran and document the response in the medical record of the patient; and

      (b) Provide the contact information for the Department of Veterans Services to any such patient who indicates that he or she is a veteran.

      2.  The Board may ask each applicant for the renewal of a license as a physician assistant or a biennial registration pursuant to NRS 630.267 if the applicant performs the actions described in subsection 1. If such a question is asked, the Board must allow the applicant to refuse to answer.

      3.  As used in this section, “veteran” has the meaning ascribed to it in section 4 of this act.

      Sec. 11. Chapter 632 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An advanced practice registered nurse may:

      (a) Ask each new patient who is 18 years of age or older if he or she is a veteran and document the response in the medical record of the patient; and

      (b) Provide the contact information for the Department of Veterans Services to any such patient who indicates that he or she is a veteran.

      2.  The Board may ask each applicant for the renewal of a license as an advanced practice registered nurse if the applicant performs the actions described in subsection 1. If such a question is asked, the Board must allow the applicant to refuse to answer.

      3.  As used in this section, “veteran” has the meaning ascribed to it in section 4 of this act.

      Sec. 12. Chapter 633 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An osteopathic physician or physician assistant may:

      (a) Ask each new patient who is 18 years of age or older if he or she is a veteran and document the response in the medical record of the patient; and

      (b) Provide the contact information for the Department of Veterans Services to any such patient who indicates that he or she is a veteran.

      2.  The Board may ask each applicant for the renewal of a license as an osteopathic physician or physician assistant if the applicant performs the actions described in subsection 1. If such a question is asked, the Board must allow the applicant to refuse to answer.

      3.  As used in this section, “veteran” has the meaning ascribed to it in section 4 of this act.

      Sec. 13. (Deleted by amendment.)

      Sec. 14. Chapter 634 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A chiropractor may:

      (a) Ask each new patient who is 18 years of age or older if he or she is a veteran and document the response in the record of the patient; and

      (b) Provide the contact information for the Department of Veterans Services to any such patient who indicates that he or she is a veteran.

 


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

ê2019 Statutes of Nevada, Page 2694 (CHAPTER 433, AB 300)ê

 

      2.  The Board may ask each applicant for the renewal of a license as a chiropractor if the applicant performs the actions described in subsection 1. If such a question is asked, the Board must allow the applicant to refuse to answer

      3.  As used in this section, “veteran” has the meaning ascribed to it in section 4 of this act.

      Sec. 15. Chapter 641 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A psychologist may:

      (a) Ask each new patient who is 18 years of age or older if he or she is a veteran and document the response in the record of the patient; and

      (b) Provide the contact information for the Department of Veterans Services to any such patient who indicates that he or she is a veteran.

      2.  As used in this section, “veteran” has the meaning ascribed to it in section 4 of this act.

      Sec. 16. Chapter 641A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A marriage and family therapist or clinical professional counselor may:

      (a) Ask each new client who is 18 years of age or older if he or she is a veteran and document the response in the record of the client; and

      (b) Provide the contact information for the Department of Veterans Services to any such client who indicates that he or she is a veteran.

      2.  As used in this section, “veteran” has the meaning ascribed to it in section 4 of this act.

      Sec. 17. (Deleted by amendment.)

      Sec. 18. Chapter 641B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A clinical social worker may:

      (a) Ask each new client who is 18 years of age or older if he or she is a veteran and document the response in the record of the client; and

      (b) Provide the contact information for the Department of Veterans Services to any such client who indicates that he or she is a veteran.

      2.  As used in this section, “veteran” has the meaning ascribed to it in section 4 of this act.

      Sec. 19. (Deleted by amendment.)

      Sec. 20. Chapter 641C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An alcohol and drug abuse counselor, clinical alcohol and drug abuse counselor or problem gambling counselor may:

      (a) Ask each new client who is 18 years of age or older if he or she is a veteran and document the response in the record of the client; and

      (b) Provide the contact information for the Department of Veterans Services to any such client who indicates that he or she is a veteran.

      2.  As used in this section, “veteran” has the meaning ascribed to it in section 4 of this act.

      Sec. 21. (Deleted by amendment.)

      Sec. 22.  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. 23.  This act becomes effective on July 1, 2019.

________

 


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

ê2019 Statutes of Nevada, Page 2695ê

 

CHAPTER 434, SB 313

Senate Bill No. 313–Senators Woodhouse, Denis, Dondero Loop, Parks; Brooks and Cancela

 

CHAPTER 434

 

[Approved: June 6, 2019]

 

AN ACT relating to education; requiring the Department of Education to establish an Internet repository of certain resources; authorizing a person who receives an endorsement to teach in a field of specialization relating to computer literacy and computer science to request a reimbursement; creating the Account for Computer Education and Technology; requiring a regional training program to provide training on methods to teach computer literacy or computer science; authorizing the Board of Regents of the University of Nevada to apply for a grant of money from the Account to establish curriculum and standards for the training of teachers in computer literacy and computer science; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires each public school in this State to allow a pupil enrolled in the school to receive a fourth unit of credit toward the mathematics credits required for graduation from high school or a third unit of credit towards the science credits required for graduation from high school for successful completion of certain courses in computer science. (NRS 389.0186) Beginning July 1, 2022, existing law requires each school district, charter school that operates as a high school and university school for profoundly gifted pupils to make available to pupils a course in computer science. (NRS 389.037) Section 1 of this bill requires the Department of Education to develop and make available to school districts, charter schools and university schools for profoundly gifted pupils an Internet repository of resources for providing instruction in computer science to pupils in all grades. Section 1 also requires the Department to assist school districts, charter schools and university schools for profoundly gifted pupils as necessary to establish programs of instruction in computer science that meet the needs of their pupils. Section 6.5 of this bill provides that such programs of instruction may include the courses in computer science that each school district, charter school and university school for profoundly gifted pupils is required to make available to pupils enrolled in high school beginning on July 1, 2022.

      Existing law provides various incentives for educational personnel. (NRS 391A.400-391A.590) Section 3 of this bill creates the Account for Computer Education and Technology and establishes requirements for the use of money in the Account. Existing law authorizes the Board of Regents of the University of Nevada to prescribe courses of study for the Nevada System of Higher Education. (NRS 396.440) Section 6 of this bill authorizes the Board of Regents to apply for a grant from the Account to develop the curriculum and standards required to educate and train students studying to become teachers in computer literacy and computer science. Section 2 of this bill authorizes a person studying to become a teacher to request a reimbursement for the cost of the coursework required to obtain an endorsement to teach in a field of specialization relating to computer literacy and computer science.

      Existing law requires the board of trustees of each school district and the governing body of each charter school to ensure that teachers and administrators have access to professional development training concerning the curriculum and instruction required for courses of study in computer science. (NRS 391A.370) Section 3.5 of this bill requires, to the extent that money is available, the State Board of Education to establish a program to award grants to certain school districts and charter schools to provide incentives for a teacher to earn a degree or other credential in computer science.

 


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

ê2019 Statutes of Nevada, Page 2696 (CHAPTER 434, SB 313)ê

 

teacher to earn a degree or other credential in computer science. Existing law requires a regional training program to provide certain training for educational personnel. (NRS 391A.125) Section 4 of this bill requires a regional training program to provide training on methods to teach computer literacy and computer science.

      Section 5 of this bill makes a conforming change. Section 7 of this bill makes appropriations for the purpose of carrying out the provisions of this bill.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall:

      (a) Develop and make available to school districts, charter schools and university schools for profoundly gifted pupils an Internet repository of resources for providing instruction in computer science to pupils in all grades. The repository must contain, without limitation, resources for providing instruction concerning computational thinking and computer coding.

      (b) Assist school districts, charter schools and university schools for profoundly gifted pupils as necessary to establish programs of instruction in computer science that meet the needs of pupils enrolled in the school district, charter school or university school for profoundly gifted pupils, as applicable.

      2.  As used in this section:

      (a) “Computational thinking” means problem-solving skills and techniques commonly used by software engineers when writing programs for computer applications. Such skills and techniques include, without limitation, decomposition, pattern recognition, pattern generalization and designing algorithms.

      (b) “Computer coding” means the process of writing script for a computer program or mobile electronic device.

      Sec. 1.5. Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. A person who receives an endorsement to teach in a field of specialization relating to computer literacy and computer science may request a reimbursement for the cost of the coursework required to receive such an endorsement from the board of trustees of a school district or governing body of a charter school that employs or will employ the person. The board of trustees or governing body, as applicable, may reimburse the person using money received from a grant provided to the board of trustees or governing body pursuant to NRS 391A.510 or section 3 of this act.

      Sec. 3. 1.  The Account for Computer Education and Technology is hereby created in the State General Fund, to be administered by the Superintendent of Public Instruction. The Superintendent of Public Instruction may accept gifts and grants of money from any source for deposit in the Account. Any money from gifts and grants may be expended in accordance with the terms and conditions of the gift or grant and in accordance with regulations adopted pursuant to subsection 2. The interest and income earned on the sum of money in the Account and any unexpended appropriations made to the Account from the State General Fund must be credited to the Account. Any money remaining in the Account does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

 


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

ê2019 Statutes of Nevada, Page 2697 (CHAPTER 434, SB 313)ê

 

does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      2.  Except as otherwise provided in subsection 1, the money in the Account may be used only for providing or reimbursing the cost of training in computer literacy and computer science pursuant to sections 2 and 6 of this act. The State Board shall adopt regulations governing the distribution of money in the Account for this purpose.

      Sec. 3.5. Chapter 391A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  To the extent that money is available, the State Board shall establish by regulation a program to award grants to school districts located in a county whose population is less than 100,000 and charter schools to provide incentives for a teacher to earn a degree or other credential in computer science.

      2.  A school district or charter school may apply jointly for a grant pursuant to subsection 1 with another school district located in a county whose population is less than 100,000 or charter school, an employer, a college or university, a qualified provider of an alternative route to licensure approved pursuant to NRS 391.019 or a nonprofit organization.

      3.  A school district or charter school that wishes to obtain a grant pursuant to subsection 1 must submit to the Department an application in the form prescribed by the Department. The application must include, without limitation, a description of the incentives that the applicant intends to establish using the grant.

      Sec. 4. NRS 391A.125 is hereby amended to read as follows:

      391A.125  1.  Based upon the priorities of programs prescribed by the State Board pursuant to subsection 4 of NRS 391A.505 and the assessment of needs for training within the region and priorities of training adopted by the governing body pursuant to NRS 391A.175, each regional training program shall provide:

      (a) Training for teachers and other licensed educational personnel in the:

             (1) Standards established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520;

             (2) Curriculum and instruction required for the standards adopted by the State Board;

             (3) Curriculum and instruction recommended by the Teachers and Leaders Council of Nevada; and

             (4) Culturally relevant pedagogy, taking into account cultural diversity and demographic differences throughout this State.

      (b) Through the Nevada Early Literacy Intervention Program established for the regional training program, training for teachers who teach kindergarten and grades 1, 2 or 3 on methods to teach fundamental reading skills, including, without limitation:

             (1) Phonemic awareness;

             (2) Phonics;

             (3) Vocabulary;

             (4) Fluency;

             (5) Comprehension; and

             (6) Motivation.

 


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

ê2019 Statutes of Nevada, Page 2698 (CHAPTER 434, SB 313)ê

 

      (c) Training for administrators who conduct the evaluations required pursuant to NRS 391.685, 391.690, 391.705 and 391.710 relating to the manner in which such evaluations are conducted. Such training must be developed in consultation with the Teachers and Leaders Council of Nevada created by NRS 391.455.

      (d) Training for teachers, administrators and other licensed educational personnel relating to correcting deficiencies and addressing recommendations for improvement in performance that are identified in the evaluations conducted pursuant to NRS 391.685, 391.690, 391.705 or 391.710.

      (e) Training for teachers on methods to teach computer literacy or computer science to pupils.

      (f) At least one of the following types of training:

             (1) Training for teachers and school administrators in the assessment and measurement of pupil achievement and the effective methods to analyze the test results and scores of pupils to improve the achievement and proficiency of pupils.

             (2) Training for teachers in specific content areas to enable the teachers to provide a higher level of instruction in their respective fields of teaching. Such training must include instruction in effective methods to teach in a content area provided by teachers who are considered masters in that content area.

             (3) In addition to the training provided pursuant to paragraph (b), training for teachers in the methods to teach basic skills to pupils, such as providing instruction in reading with the use of phonics and providing instruction in basic skills of mathematics computation.

      [(f)] (g) In accordance with the program established by the Statewide Council pursuant to paragraph (b) of subsection 2 of NRS 391A.135 training for:

             (1) Teachers on how to engage parents and families, including, without limitation, disengaged families, in the education of their children and to build the capacity of parents and families to support the learning and academic achievement of their children.

             (2) Training for teachers and paraprofessionals on working with parent liaisons in public schools to carry out strategies and practices for effective parental involvement and family engagement.

      2.  The training required pursuant to subsection 1 must:

      (a) Include the activities set forth in 20 U.S.C. § 7801(42), as deemed appropriate by the governing body for the type of training offered.

      (b) Include appropriate procedures to ensure follow-up training for teachers and administrators who have received training through the program.

      (c) Incorporate training that addresses the educational needs of:

             (1) Pupils with disabilities who participate in programs of special education; and

             (2) Pupils who are English learners.

      3.  The governing body of each regional training program shall prepare and maintain a list that identifies programs for the professional development of teachers and administrators that successfully incorporate:

      (a) The standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520;

      (b) Fundamental reading skills; and

      (c) Other training listed in subsection 1.

 


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

ê2019 Statutes of Nevada, Page 2699 (CHAPTER 434, SB 313)ê

 

Ê The governing body shall provide a copy of the list on an annual basis to school districts for dissemination to teachers and administrators.

      4.  A regional training program may include model classrooms that demonstrate the use of educational technology for teaching and learning.

      5.  A regional training program may contract with the board of trustees of a school district that is served by the regional training program as set forth in NRS 391A.120 to provide professional development to the teachers and administrators employed by the school district that is in addition to the training required by this section. Any training provided pursuant to this subsection must include the activities set forth in 20 U.S.C. § 7801(42), as deemed appropriate by the governing body for the type of training offered.

      6.  To the extent money is available from legislative appropriation or otherwise, a regional training program may provide training to paraprofessionals.

      7.  As used in this section, “paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 5. NRS 391A.190 is hereby amended to read as follows:

      391A.190  1.  The governing body of each regional training program shall:

      (a) Establish a method for the evaluation of the success of the regional training program, including, without limitation, the Nevada Early Literacy Intervention Program. The method must be consistent with the uniform procedures and criteria adopted by the Statewide Council pursuant to NRS 391A.135 and the standards for professional development training adopted by the State Board pursuant to subsection 1 of NRS 391A.370.

      (b) On or before September 1 of each year and before submitting the annual report pursuant to paragraph (c), submit the annual report to the Statewide Council for its review and incorporate into the annual report any revisions recommended by the Statewide Council.

      (c) On or before December 1 of each year, submit an annual report to the State Board, the board of trustees of each school district served by the regional training program, the Commission on Professional Standards in Education, the Legislative Committee on Education and the Legislative Bureau of Educational Accountability and Program Evaluation that includes, without limitation:

             (1) The priorities for training adopted by the governing body pursuant to NRS 391A.175.

             (2) The type of training offered through the regional training program in the immediately preceding year.

             (3) The number of teachers and administrators who received training through the regional training program in the immediately preceding year.

             (4) The number of administrators who received training pursuant to paragraph (c) of subsection 1 of NRS 391A.125 in the immediately preceding year.

             (5) The number of teachers, administrators and other licensed educational personnel who received training pursuant to paragraph (d) of subsection 1 of NRS 391A.125 in the immediately preceding year.

             (6) The number of teachers who received training pursuant to subparagraph (1) of paragraph [(f)] (g) of subsection 1 of NRS 391A.125 in the immediately preceding year.

             (7) The number of paraprofessionals, if any, who received training through the regional training program in the immediately preceding year.

 


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

ê2019 Statutes of Nevada, Page 2700 (CHAPTER 434, SB 313)ê

 

             (8) An evaluation of the effectiveness of the regional training program, including, without limitation, the Nevada Early Literacy Intervention Program, in accordance with the method established pursuant to paragraph (a).

             (9) An evaluation of whether the training included the:

                   (I) Standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520;

                   (II) Curriculum and instruction required for the common core standards adopted by the State Board;

                   (III) Curriculum and instruction recommended by the Teachers and Leaders Council of Nevada created by NRS 391.455; and

                   (IV) Culturally relevant pedagogy, taking into account cultural diversity and demographic differences throughout this State.

             (10) An evaluation of the effectiveness of training on improving the quality of instruction and the achievement of pupils.

             (11) A description of the gifts and grants, if any, received by the governing body in the immediately preceding year and the gifts and grants, if any, received by the Statewide Council during the immediately preceding year on behalf of the regional training program. The description must include the manner in which the gifts and grants were expended.

             (12) The 5-year plan for the regional training program prepared pursuant to NRS 391A.175 and any revisions to the plan made by the governing body in the immediately preceding year.

      2.  The information included in the annual report pursuant to paragraph (c) of subsection 1 must be aggregated for each regional training program and disaggregated for each school district served by the regional training program.

      3.  As used in this section, “paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 6. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board of Regents may apply for a grant from the Account for Computer Education and Technology created pursuant to section 3 of this act to develop the curriculum and standards required to educate and train a person who is studying to become a teacher in computer literacy and computer science.

      2.  All persons who are studying to become a teacher must receive appropriate education and training in computer literacy and computer science.

      Sec. 6.5. Section 1 of this act is hereby amended to read as follows:

       Section 1.  Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  The Department shall:

       (a) Develop and make available to school districts, charter schools and university schools for profoundly gifted pupils an Internet repository of resources for providing instruction in computer science to pupils in all grades. The repository must contain, without limitation, resources for providing instruction concerning computational thinking and computer coding.

       (b) Assist school districts, charter schools and university schools for profoundly gifted pupils as necessary to establish programs of instruction in computer science , including, without limitation, the courses required by NRS 389.037, that meet the needs of pupils enrolled in the school district, charter school or university school for profoundly gifted pupils, as applicable.

 


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

ê2019 Statutes of Nevada, Page 2701 (CHAPTER 434, SB 313)ê

 

       2.  As used in this section:

       (a) “Computational thinking” means problem-solving skills and techniques commonly used by software engineers when writing programs for computer applications. Such skills and techniques include, without limitation, decomposition, pattern recognition, pattern generalization and designing algorithms.

       (b) “Computer coding” means the process of writing script for a computer program or mobile electronic device.

      Sec. 7.  1.  There is hereby appropriated from the State General Fund to the Department of Education for transfer to the Clark County School District for the purpose of carrying out the provisions of this act, the following sums:

For the Fiscal Year 2019-2020......................................................... $400,000

For the Fiscal Year 2020-2021......................................................... $400,000

      2.  There is hereby appropriated from the State General Fund to the Department of Education for transfer to the Washoe County School District for the purpose of carrying out the provisions of this act, the following sums:

For the Fiscal Year 2019-2020......................................................... $100,000

For the Fiscal Year 2020-2021......................................................... $100,000

      3.  There is hereby appropriated from the State General Fund to the Department of Education for the purpose of awarding grants of money to certain school districts and charter schools pursuant to subsection 7 to carry out the provisions of this act, the following sums:

For the Fiscal Year 2019-2020......................................................... $200,000

For the Fiscal Year 2020-2021......................................................... $200,000

      4.  There is hereby appropriated from the State General Fund to the Department of Education the sum of $120,000 for the purpose of providing the training required pursuant to section 4 of this act.

      5.  There is hereby appropriated from the State General Fund to the Department of Education the sum of $12,588 for the purpose of monitoring computer education on a statewide basis.

      6.  There is hereby appropriated from the State General Fund to the Account for Computer Education and Technology the sum of $100,000.

      7.  Grants awarded from the sums appropriated by subsection 3 must be awarded to school districts, other than the Clark County School District or the Washoe County School District, and charter schools in this State through a noncompetitive application process.

      8.  Any remaining balance of the sums appropriated by:

      (a) Subsections 1, 2 and 3 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2020, and September 17, 2021, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, respectively.

      (b) Subsections 4, 5 and 6 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

 


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

ê2019 Statutes of Nevada, Page 2702 (CHAPTER 434, SB 313)ê

 

subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

      Sec. 8.  1.  This section, sections 1 to 6, inclusive, and section 7 of this act become effective on July 1, 2019.

      2.  Section 6.5 of this act becomes effective on July 1, 2022.

________

CHAPTER 435, SB 130

Senate Bill No. 130–Senators Woodhouse and Goicoechea

 

CHAPTER 435

 

[Approved: June 6, 2019]

 

AN ACT relating to radiation; creating the Radiation Therapy and Radiologic Imaging Advisory Committee; providing for a license to engage in radiation therapy or radiologic imaging; providing for a limited license to engage in radiologic imaging; prescribing the requirements for the issuance and renewal of such a license and limited license; authorizing certain persons to practice as radiologist assistants; prescribing additional qualifications for a person to perform certain types of radiation therapy and radiologic imaging; providing for the enforcement of the requirements concerning radiation therapy and radiologic imaging; authorizing the imposition of disciplinary action or an injunction against a person who engages in radiation therapy or radiologic imaging in certain circumstances; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the State Board of Health to adopt regulations for the licensing of persons to: (1) receive, possess or transfer radioactive materials and devices; and (2) engage in certain other activities relating to radioactive materials. (NRS 459.201) Section 9 of this bill authorizes the Division of Public and Behavioral Health of the Department of Health and Human Services to suspend, revoke or amend such a license or registration of a person who violates any provision of statute or regulations governing radioactive materials or radiation.

      Sections 22-51 of this bill add a new chapter to NRS governing the licensing and regulation of persons who engage in radiation therapy and radiologic imaging. Section 32 of this bill exempts physicians, physician assistants, dentists, dental hygienists, dental assistants, chiropractors, chiropractor’s assistants, certain persons training to engage in the practice of chiropractic, podiatrists, veterinarians, veterinary technicians, certain persons working under the supervision of a veterinarian or veterinary technician and persons engaging in mammography from such licensing and regulation. Section 72.3 of this bill exempts podiatry hygienists and persons training to be podiatry hygienists from such licensing and regulation if the State Board of Podiatry adopts regulations prescribing the conditions under which such persons may engage in radiologic imaging and radiation therapy. Sections 62 and 63 of this bill authorize a podiatry hygienist to take and develop X-rays without obtaining a license to engage in radiation therapy and radiologic imaging under certain conditions before the effective date of such regulations. Sections 72.6 and 73.5 of this bill make conforming changes.

      Section 35 of this bill prohibits a person from engaging in: (1) radiologic imaging unless he or she has obtained a license or limited license from the Division; or (2) radiation therapy unless he or she has obtained a license from the Division. Sections 54 and 55 of this bill clarify that a practitioner of respiratory care or homeopathic assistant is prohibited from engaging in radiation therapy or radiologic imaging unless he or she holds a license or limited license.

 


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

ê2019 Statutes of Nevada, Page 2703 (CHAPTER 435, SB 130)ê

 

assistant is prohibited from engaging in radiation therapy or radiologic imaging unless he or she holds a license or limited license. Section 75 of this bill requires the Division to issue a license or limited license, as applicable, to the scope of practice of the person, to any person who is performing radiation therapy or radiologic imaging as part of his or her employment on or before January 1, 2020, and registers with the Division. The holder of a license or limited license issued pursuant to section 75 would be required to comply with all requirements to renew the license or limited license, including requirements for continuing education, as if the license or limited license were issued pursuant to sections 22-51.

      Sections 36 and 37 of this bill prescribe the qualifications for obtaining a license or a limited license. Section 37 also establishes the types of limited licenses that may be issued. Sections 38 and 39 of this bill provide for licensure by endorsement of persons who hold licenses in another state that correspond to a license to engage in radiation therapy and radiologic imaging or a limited license to engage in radiologic imaging. Sections 40 and 50 of this bill provide for the denial or suspension of a license or a limited license if the licensee is delinquent in child support payments, in conformance with federal law. Section 41 of this bill authorizes certain holders of a license to engage in radiation therapy and radiologic imaging to practice as a radiologist assistant. Sections 2 and 65 of this bill authorize the holder of a license to engage in radiation therapy and radiologic imaging or a person training to obtain such a license to take certain actions with regard to drugs to the same extent as was previously authorized for a radiologic or nuclear medicine technician or trainee. Section 3 of this bill makes a conviction of certain crimes involving dangerous drugs grounds for the suspension or revocation of a license to engage in radiation therapy and radiologic imaging.

      Section 42 of this bill authorizes: (1) an unlicensed person to engage in supervised radiation therapy or radiologic imaging without compensation for the purpose of qualifying for a certification that is a prerequisite for a license or limited license; or (2) a license to practice outside the scope of his or her license under supervision for the purpose of qualifying for a certification that is a prerequisite for being licensed. Section 42 also authorizes the Division to issue a temporary student license, which authorizes an unlicensed person to engage in radiation therapy or radiologic imaging for compensation for the purpose of qualifying for certification that is a prerequisite for being licensed.

      Sections 44 and 45 of this bill prescribe the required qualifications to perform computed tomography and fluoroscopy, respectively. Section 43 of this bill authorizes unlicensed persons who register with the Division and meet certain other requirements to take X-ray photographs at certain federally-qualified health centers or rural health clinics. Section 43 also authorizes a person who is employed performing computed tomography or fluoroscopy to continue to do so without obtaining a license from the Division if he or she registers with the Division and meets certain other requirements.

      Existing law prohibits a person from operating a radiation machine for mammography unless the person holds a certificate to do so or is a licensed physician or physician assistant. (NRS 457.183) Section 4.5 exempts an applicant for such a certificate who also holds a license to engage in radiation therapy and radiologic imaging from the requirement to pay an application fee. Section 6 of this bill makes a conforming change.

      Section 47 of this bill authorizes the Division to: (1) enter and inspect any private or public property for the purpose of enforcing the provisions of this bill governing radiation therapy and radiologic imaging; and (2) request any information necessary to ensure that persons engaged in radiation therapy and radiologic imaging meet applicable requirements. Sections 19 and 47 of this bill provide for the confidentiality of such information and reports of inspections. Section 48 of this bill: (1) prescribes the grounds for disciplinary action against a holder of a license or limited license; and (2) authorizes a person whose license or limited license has been revoked to apply to the Division for reinstatement after 2 years. Section 49 of this bill requires the Division to: (1) investigate a complaint filed against a licensee; and (2) provide a licensee against whom disciplinary action may be imposed with the opportunity for a hearing. Section 51 of this bill authorizes the Division to seek an injunction to prevent a violation of provisions of this bill governing the licensing and regulation of persons who engage in radiation therapy or radiologic imaging.

 


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

ê2019 Statutes of Nevada, Page 2704 (CHAPTER 435, SB 130)ê

 

51 of this bill authorizes the Division to seek an injunction to prevent a violation of provisions of this bill governing the licensing and regulation of persons who engage in radiation therapy or radiologic imaging. Sections 35, 41, 44 and 45 make it a misdemeanor to engage in radiation therapy, radiologic imaging or other activity for which a credential is required without the proper credential.

      Section 33 of this bill creates the Radiation Therapy and Radiologic Imaging Advisory Committee to advise the State Board of Health, the Division and the Legislature concerning radiation therapy and radiologic imaging. Section 34 of this bill requires the Board to adopt certain regulations relating to radiation therapy and radiologic imaging, including regulations defining the scope of practice for radiologist assistants and the holders of licenses and limited licenses. Section 34 requires those standards of practice to be at least as stringent as those adopted by a national professional organization designated by the Board and recommended by the Committee. Section 33 requires the Committee to recommend a national professional organization for that purpose.

      Existing law requires the Legislative Committee on Health Care to review each regulation that certain licensing entities adopt which relates to standards for the issuance or renewal of a license. (NRS 439B.225) Section 1 of this bill adds to the regulations reviewed by the Committee relating to the standards for the issuance of a license to engage in radiation therapy or radiologic imaging and a limited license to engage in radiologic imaging.

      Existing law prohibits the Division from issuing or renewing the registration of a radiation machine unless the applicant attests that the radiologic technicians and nuclear medicine technicians employed by the applicant have knowledge of and are in compliance with certain guidelines for the prevention of transmission of infectious agents. (NRS 459.035) Section 8 of this bill deletes those provisions and instead requires the operator of a radiation machine to be properly licensed and in compliance with the provisions of this bill concerning radiation therapy and radiologic imaging or be exempt pursuant to section 32. Section 35 requires a person to have knowledge of and be in compliance with guidelines for the prevention and transmission of infectious agents.

      Sections 10-18, 20, 52, 58 and 64-72 of this bill make conforming changes to treat holders of licenses and limited licenses similarly to other providers of health care in certain respects.

 

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 439B.225 is hereby amended to read as follows:

      439B.225  1.  As used in this section, “licensing board” means any division or board empowered to adopt standards for the issuance or renewal of licenses, permits or certificates of registration pursuant to NRS 433.601 to 433.621, inclusive, 435.3305 to 435.339, inclusive, chapter 449, 625A, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640D, 641, 641A, 641B, 641C, 652 or 654 of NRS [.] or sections 22 to 51, inclusive, of this act.

      2.  The Committee shall review each regulation that a licensing board proposes or adopts that relates to standards for the issuance or renewal of licenses, permits or certificates of registration issued to a person or facility regulated by the board, giving consideration to:

      (a) Any oral or written comment made or submitted to it by members of the public or by persons or facilities affected by the regulation;

      (b) The effect of the regulation on the cost of health care in this State;

 


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

ê2019 Statutes of Nevada, Page 2705 (CHAPTER 435, SB 130)ê

 

      (c) The effect of the regulation on the number of licensed, permitted or registered persons and facilities available to provide services in this State; and

      (d) Any other related factor the Committee deems appropriate.

      3.  After reviewing a proposed regulation, the Committee shall notify the agency of the opinion of the Committee regarding the advisability of adopting or revising the proposed regulation.

      4.  The Committee shall recommend to the Legislature as a result of its review of regulations pursuant to this section any appropriate legislation.

      Sec. 2. NRS 454.213 is hereby amended to read as follows:

      454.213  1.  Except as otherwise provided in NRS 454.217, a drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:

      (a) A practitioner.

      (b) A physician assistant licensed pursuant to chapter 630 or 633 of NRS, at the direction of his or her supervising physician or a licensed dental hygienist acting in the office of and under the supervision of a dentist.

      (c) Except as otherwise provided in paragraph (d), a registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician or advanced practice registered nurse, or pursuant to a chart order, for administration to a patient at another location.

      (d) In accordance with applicable regulations of the Board, a registered nurse licensed to practice professional nursing or licensed practical nurse who is:

             (1) Employed by a health care agency or health care facility that is authorized to provide emergency care, or to respond to the immediate needs of a patient, in the residence of the patient; and

             (2) Acting under the direction of the medical director of that agency or facility who works in this State.

      (e) A medication aide - certified at a designated facility under the supervision of an advanced practice registered nurse or registered nurse and in accordance with standard protocols developed by the State Board of Nursing. As used in this paragraph, “designated facility” has the meaning ascribed to it in NRS 632.0145.

      (f) Except as otherwise provided in paragraph (g), an advanced emergency medical technician or a paramedic, as authorized by regulation of the State Board of Pharmacy and in accordance with any applicable regulations of:

             (1) The State Board of Health in a county whose population is less than 100,000;

             (2) A county board of health in a county whose population is 100,000 or more; or

             (3) A district board of health created pursuant to NRS 439.362 or 439.370 in any county.

      (g) An advanced emergency medical technician or a paramedic who holds an endorsement issued pursuant to NRS 450B.1975, under the direct supervision of a local health officer or a designee of the local health officer pursuant to that section.

      (h) A respiratory therapist employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.

 


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

ê2019 Statutes of Nevada, Page 2706 (CHAPTER 435, SB 130)ê

 

      (i) A dialysis technician, under the direction or supervision of a physician or registered nurse only if the drug or medicine is used for the process of renal dialysis.

      (j) A medical student or student nurse in the course of his or her studies at an accredited college of medicine or approved school of professional or practical nursing, at the direction of a physician and:

             (1) In the presence of a physician or a registered nurse; or

             (2) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.

Ê A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

      (k) Any person designated by the head of a correctional institution.

      (l) An ultimate user or any person designated by the ultimate user pursuant to a written agreement.

      (m) A [nuclear medicine technologist,] holder of a license to engage in radiation therapy and radiologic imaging issued pursuant to sections 22 to 51, inclusive, of this act, at the direction of a physician and in accordance with any conditions established by regulation of the Board.

      (n) [A radiologic technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.

      (o)] A chiropractic physician, but only if the drug or medicine is a topical drug used for cooling and stretching external tissue during therapeutic treatments.

      [(p)](o) A physical therapist, but only if the drug or medicine is a topical drug which is:

             (1) Used for cooling and stretching external tissue during therapeutic treatments; and

             (2) Prescribed by a licensed physician for:

                   (I) Iontophoresis; or

                   (II) The transmission of drugs through the skin using ultrasound.

      [(q)](p) In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

      [(r)](q) A veterinary technician or a veterinary assistant at the direction of his or her supervising veterinarian.

      [(s)](r) In accordance with applicable regulations of the Board, a registered pharmacist who:

             (1) Is trained in and certified to carry out standards and practices for immunization programs;

             (2) Is authorized to administer immunizations pursuant to written protocols from a physician; and

             (3) Administers immunizations in compliance with the “Standards for Immunization Practices” recommended and approved by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.

      [(t)](s) A registered pharmacist pursuant to written guidelines and protocols developed and approved pursuant to NRS 639.2809 or a collaborative practice agreement, as defined in NRS 639.0052.

 


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

ê2019 Statutes of Nevada, Page 2707 (CHAPTER 435, SB 130)ê

 

      [(u)](t) A person who is enrolled in a training program to become a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, advanced emergency medical technician, paramedic, respiratory therapist, dialysis technician, [nuclear medicine technologist, radiologic technologist,] physical therapist or veterinary technician or to obtain a license to engage in radiation therapy and radiologic imaging pursuant to sections 22 to 51, inclusive, of this act if the person possesses and administers the drug or medicine in the same manner and under the same conditions that apply, respectively, to a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, advanced emergency medical technician, paramedic, respiratory therapist, dialysis technician, [nuclear medicine technologist, radiologic technologist,] physical therapist , [or] veterinary technician or person licensed to engage in radiation therapy and radiologic imaging who may possess and administer the drug or medicine, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.

      [(v)](u) A medical assistant, in accordance with applicable regulations of the:

             (1) Board of Medical Examiners, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.

             (2) State Board of Osteopathic Medicine, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.

      2.  As used in this section, “accredited college of medicine” has the meaning ascribed to it in NRS 453.375.

      Sec. 3. NRS 454.361 is hereby amended to read as follows:

      454.361  A conviction of the violation of any of the provisions of NRS 454.181 to 454.371, inclusive, constitutes grounds for the suspension or revocation of any license issued to such person pursuant to the provisions of chapters 630, 631, 633, 635, 636, 638 or 639 of NRS [.] or sections 22 to 51, inclusive, of this act.

      Sec. 4. (Deleted by amendment.)

      Sec. 4.5. NRS 457.183 is hereby amended to read as follows:

      457.183  1.  A person shall not operate a radiation machine for mammography unless the person:

      (a) Has a certificate of authorization to operate a radiation machine issued by the Division; or

      (b) Is licensed pursuant to chapter 630 or 633 of NRS.

      2.  To obtain a certificate of authorization to operate a radiation machine for mammography, a person must:

      (a) Submit an application to the Division on a form provided by the Division and provide any additional information required by the Division;

      (b) Be certified by the American Registry of Radiologic Technologists or meet the standards established by the Division pursuant to subsection 1 of NRS 457.065;

      (c) Pass an examination if the Division determines that an examination for certification is necessary to protect the health and safety of the residents of this State;

      (d) Submit the statement required pursuant to NRS 457.1833; and

 


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

ê2019 Statutes of Nevada, Page 2708 (CHAPTER 435, SB 130)ê

 

      (e) [Pay] Except as otherwise provided in subsection 4, pay the fee required by the Division, which must be calculated to cover the administrative costs directly related to the process of issuing the certificates.

      3.  An application for the issuance of a certificate of authorization to operate a radiation machine for mammography must include the social security number of the applicant.

      4.  An applicant for the issuance or renewal of a certificate to operate a radiation machine for mammography is not required to pay a fee pursuant to paragraph (e) of subsection 2 or subsection 6, as applicable, if the applicant holds a license issued pursuant to sections 22 to 51, inclusive, of this act.

      5.  The Division shall certify a person to operate a radiation machine for mammography if the person complies with the provisions of subsection 2 and meets the standards adopted pursuant to subsection 1 of NRS 457.065.

      [5.]6.  A certificate of authorization to operate a radiation machine for mammography expires 3 years after the date on which it was issued unless it is renewed before that date. [The] Except as otherwise provided in subsection 4, the Division shall require continuing education as a prerequisite to the renewal of a certificate and shall charge a fee for renewal that is calculated to cover the administrative costs directly related to the renewal of a certificate.

      [6.]7.  A person who is certified to operate a radiation machine for mammography pursuant to this section shall not operate such a machine without a valid certificate of authorization issued pursuant to NRS 457.184 for the machine.

      Sec. 5. (Deleted by amendment.)

      Sec. 6. NRS 457.185 is hereby amended to read as follows:

      457.185  1.  The Division shall grant or deny an application for a certificate of authorization to operate a radiation machine for mammography or a certificate of authorization for a radiation machine for mammography within 4 months after receipt of a complete application.

      2.  The Division shall withdraw the certificate of authorization to operate a radiation machine for mammography if it finds that the person violated the provisions of subsection [6] 7 of NRS 457.183.

      3.  The Division shall deny or withdraw the certificate of authorization of a radiation machine for mammography if it finds that the owner, lessee or other responsible person violated the provisions of subsection 1 of NRS 457.184.

      4.  If a certificate of authorization to operate a radiation machine for mammography or a certificate of authorization for a radiation machine for mammography is withdrawn, a person must apply for the certificate in the manner provided for an initial certificate.

      Sec. 7. (Deleted by amendment.)

      Sec. 8. NRS 459.035 is hereby amended to read as follows:

      459.035  The Division shall not issue or renew the registration of a radiation machine pursuant to regulations adopted by the State Board of Health unless the applicant for issuance or renewal of the registration attests that the [radiologic technologists and nuclear medicine technologists] persons employed by the applicant [have knowledge of and are in compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.] to operate the radiation machine are properly licensed pursuant to sections 22 to 51, inclusive, of this act or are exempt from the requirement to obtain such licensure pursuant to section 32 of this act.

 


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

ê2019 Statutes of Nevada, Page 2709 (CHAPTER 435, SB 130)ê

 

      Sec. 9. NRS 459.260 is hereby amended to read as follows:

      459.260  1.  The Division may suspend, revoke or amend a license or registration issued pursuant to NRS 459.201 to a person who has violated any provision of NRS 459.010 to 459.290, inclusive, or any rule, regulation or order issued pursuant thereto.

      2.  In the event of an emergency, the Division may impound, or order the impounding of, sources of ionizing radiation in the possession of any person who is not equipped to observe, or who fails to observe, any provision of NRS 459.010 to 459.290, inclusive, or any rules or regulations issued under NRS 459.010 to 459.290, inclusive.

      Sec. 10. NRS 7.095 is hereby amended to read as follows:

      7.095  1.  An attorney shall not contract for or collect a fee contingent on the amount of recovery for representing a person seeking damages in connection with an action for injury or death against a provider of health care based upon professional negligence in excess of:

      (a) Forty percent of the first $50,000 recovered;

      (b) Thirty-three and one-third percent of the next $50,000 recovered;

      (c) Twenty-five percent of the next $500,000 recovered; and

      (d) Fifteen percent of the amount of recovery that exceeds $600,000.

      2.  The limitations set forth in subsection 1 apply to all forms of recovery, including, without limitation, settlement, arbitration and judgment.

      3.  For the purposes of this section, “recovered” means the net sum recovered by the plaintiff after deducting any disbursements or costs incurred in connection with the prosecution or settlement of the claim. Costs of medical care incurred by the plaintiff and general and administrative expenses incurred by the office of the attorney are not deductible disbursements or costs.

      4.  As used in this section:

      (a) “Professional negligence” means a negligent act or omission to act by a provider of health care in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death. The term does not include services that are outside the scope of services for which the provider of health care is licensed or services for which any restriction has been imposed by the applicable regulatory board or health care facility.

      (b) “Provider of health care” means a physician licensed under chapter 630 or 633 of NRS, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractor, doctor of Oriental medicine, holder of a license or a limited license issued under the provisions of sections 22 to 51, inclusive, of this act, medical laboratory director or technician, licensed dietitian or a licensed hospital and its employees.

      Sec. 11. NRS 41A.017 is hereby amended to read as follows:

      41A.017  “Provider of health care” means a physician licensed pursuant to chapter 630 or 633 of NRS, physician assistant, dentist, licensed nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractor, doctor of Oriental medicine, holder of a license or a limited license issued under the provisions of sections 22 to 51, inclusive, of this act, medical laboratory director or technician, licensed dietitian or a licensed hospital, clinic, surgery center, physicians’ professional corporation or group practice that employs any such person and its employees.

 


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

ê2019 Statutes of Nevada, Page 2710 (CHAPTER 435, SB 130)ê

 

      Sec. 12. NRS 42.021 is hereby amended to read as follows:

      42.021  1.  In an action for injury or death against a provider of health care based upon professional negligence, if the defendant so elects, the defendant may introduce evidence of any amount payable as a benefit to the plaintiff as a result of the injury or death pursuant to the United States Social Security Act, any state or federal income disability or worker’s compensation act, any health, sickness or income-disability insurance, accident insurance that provides health benefits or income-disability coverage, and any contract or agreement of any group, organization, partnership or corporation to provide, pay for or reimburse the cost of medical, hospital, dental or other health care services. If the defendant elects to introduce such evidence, the plaintiff may introduce evidence of any amount that the plaintiff has paid or contributed to secure the plaintiff’s right to any insurance benefits concerning which the defendant has introduced evidence.

      2.  A source of collateral benefits introduced pursuant to subsection 1 may not:

      (a) Recover any amount against the plaintiff; or

      (b) Be subrogated to the rights of the plaintiff against a defendant.

      3.  In an action for injury or death against a provider of health care based upon professional negligence, a district court shall, at the request of either party, enter a judgment ordering that money damages or its equivalent for future damages of the judgment creditor be paid in whole or in part by periodic payments rather than by a lump-sum payment if the award equals or exceeds $50,000 in future damages.

      4.  In entering a judgment ordering the payment of future damages by periodic payments pursuant to subsection 3, the court shall make a specific finding as to the dollar amount of periodic payments that will compensate the judgment creditor for such future damages. As a condition to authorizing periodic payments of future damages, the court shall require a judgment debtor who is not adequately insured to post security adequate to assure full payment of such damages awarded by the judgment. Upon termination of periodic payments of future damages, the court shall order the return of this security, or so much as remains, to the judgment debtor.

      5.  A judgment ordering the payment of future damages by periodic payments entered pursuant to subsection 3 must specify the recipient or recipients of the payments, the dollar amount of the payments, the interval between payments, and the number of payments or the period of time over which payments will be made. Such payments must only be subject to modification in the event of the death of the judgment creditor. Money damages awarded for loss of future earnings must not be reduced or payments terminated by reason of the death of the judgment creditor, but must be paid to persons to whom the judgment creditor owed a duty of support, as provided by law, immediately before the judgment creditor’s death. In such cases, the court that rendered the original judgment may, upon petition of any party in interest, modify the judgment to award and apportion the unpaid future damages in accordance with this subsection.

      6.  If the court finds that the judgment debtor has exhibited a continuing pattern of failing to make the periodic payments as specified pursuant to subsection 5, the court shall find the judgment debtor in contempt of court and, in addition to the required periodic payments, shall order the judgment debtor to pay the judgment creditor all damages caused by the failure to make such periodic payments, including, but not limited to, court costs and attorney’s fees.

 


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

ê2019 Statutes of Nevada, Page 2711 (CHAPTER 435, SB 130)ê

 

      7.  Following the occurrence or expiration of all obligations specified in the periodic payment judgment, any obligation of the judgment debtor to make further payments ceases and any security given pursuant to subsection 4 reverts to the judgment debtor.

      8.  As used in this section:

      (a) “Future damages” includes damages for future medical treatment, care or custody, loss of future earnings, loss of bodily function, or future pain and suffering of the judgment creditor.

      (b) “Periodic payments” means the payment of money or delivery of other property to the judgment creditor at regular intervals.

      (c) “Professional negligence” means a negligent act or omission to act by a provider of health care in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death. The term does not include services that are outside the scope of services for which the provider of health care is licensed or services for which any restriction has been imposed by the applicable regulatory board or health care facility.

      (d) “Provider of health care” means a physician licensed under chapter 630 or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractor, doctor of Oriental medicine, holder of a license or a limited license issued under the provisions of sections 22 to 51, inclusive, of this act, medical laboratory director or technician, licensed dietitian or a licensed hospital and its employees.

      Sec. 13. NRS 200.471 is hereby amended to read as follows:

      200.471  1.  As used in this section:

      (a) “Assault” means:

             (1) Unlawfully attempting to use physical force against another person; or

             (2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.

      (b) “Fire-fighting agency” has the meaning ascribed to it in NRS 239B.020.

      (c) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department;

             (4) A jailer, guard or other correctional officer of a city or county jail;

             (5) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph;

             (6) An employee of this State or a political subdivision of this State whose official duties require the employee to make home visits;

             (7) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to:

                   (I) Interact with the public;

                   (II) Perform tasks related to law enforcement; and

                   (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the law enforcement agency;

 


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

ê2019 Statutes of Nevada, Page 2712 (CHAPTER 435, SB 130)ê

 

             (8) A civilian employee or a volunteer of a fire-fighting agency whose official duties require the employee or volunteer to:

                   (I) Interact with the public;

                   (II) Perform tasks related to fire fighting or fire prevention; and

                   (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency; or

             (9) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to:

                   (I) Interact with the public;

                   (II) Perform tasks related to code enforcement; and

                   (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for this State or a political subdivision of this State.

      (d) “Provider of health care” means a physician, a medical student, a perfusionist or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractor, a chiropractor’s assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a medication aide - certified, a dentist, a dental student, a dental hygienist, a dental hygienist student, a pharmacist, a pharmacy student, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a licensed dietitian, the holder of a license or a limited license issued under the provisions of sections 22 to 51, inclusive, of this act, an emergency medical technician, an advanced emergency medical technician and a paramedic.

      (e) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.

      (f) “Sporting event” has the meaning ascribed to it in NRS 41.630.

      (g) “Sports official” has the meaning ascribed to it in NRS 41.630.

      (h) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

      (i) “Taxicab driver” means a person who operates a taxicab.

      (j) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

      2.  A person convicted of an assault shall be punished:

      (a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.

      (b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

 


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

ê2019 Statutes of Nevada, Page 2713 (CHAPTER 435, SB 130)ê

 

duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 14. NRS 200.5093 is hereby amended to read as follows:

      200.5093  1.  Any person who is described in subsection 4 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited, isolated or abandoned shall:

      (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation, isolation or abandonment of the older person to:

             (1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office; or

             (3) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited, isolated or abandoned.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation, isolation or abandonment of the older person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

      3.  Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.

      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian , holder of a license or a limited license issued under the provisions of sections 22 to 51, inclusive, of this act or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person who appears to have been abused, neglected, exploited, isolated or abandoned.

 


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

ê2019 Statutes of Nevada, Page 2714 (CHAPTER 435, SB 130)ê

 

NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian , holder of a license or a limited license issued under the provisions of sections 22 to 51, inclusive, of this act or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person who appears to have been abused, neglected, exploited, isolated or abandoned.

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation, isolation or abandonment of an older person by a member of the staff of the hospital.

      (c) A coroner.

      (d) Every person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Every person who maintains or is employed by an agency to provide nursing in the home.

      (f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 449.4304.

      (g) Any employee of the Department of Health and Human Services, except the State Long-Term Care Ombudsman appointed pursuant to NRS 427A.125 and any of his or her advocates or volunteers where prohibited from making such a report pursuant to 45 C.F.R. § 1321.11.

      (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation, isolation or abandonment of an older person and refers them to persons and agencies where their requests and needs can be met.

      (k) Every social worker.

      (l) Any person who owns or is employed by a funeral home or mortuary.

      (m) Every person who operates or is employed by a peer support recovery organization, as defined in NRS 449.01563.

      (n) Every person who operates or is employed by a community health worker pool, as defined in NRS 449.0028, or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in NRS 449.0027.

      5.  A report may be made by any other person.

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect, isolation or abandonment, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

 


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

ê2019 Statutes of Nevada, Page 2715 (CHAPTER 435, SB 130)ê

 

      7.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded within 30 days after the completion of the report to the:

      (a) Aging and Disability Services Division;

      (b) Repository for Information Concerning Crimes Against Older Persons created by NRS 179A.450; and

      (c) Unit for the Investigation and Prosecution of Crimes.

      8.  If the investigation of a report results in the belief that an older person is abused, neglected, exploited, isolated or abandoned, the Aging and Disability Services Division of the Department of Health and Human Services or the county’s office for protective services may provide protective services to the older person if the older person is able and willing to accept them.

      9.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

      10.  As used in this section, “Unit for the Investigation and Prosecution of Crimes” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons in the Office of the Attorney General created pursuant to NRS 228.265.

      Sec. 15. NRS 200.50935 is hereby amended to read as follows:

      200.50935  1.  Any person who is described in subsection 3 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that a vulnerable person has been abused, neglected, exploited, isolated or abandoned shall:

      (a) Report the abuse, neglect, exploitation, isolation or abandonment of the vulnerable person to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the vulnerable person has been abused, neglected, exploited, isolated or abandoned.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation, isolation or abandonment of the vulnerable person involves an act or omission of a law enforcement agency, the person shall make the report to a law enforcement agency other than the one alleged to have committed the act or omission.

      3.  A report must be made pursuant to subsection 1 by the following persons:

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, perfusionist, physician assistant licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian , holder of a license or a limited license issued under the provisions of sections 22 to 51, inclusive, of this act or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats a vulnerable person who appears to have been abused, neglected, exploited, isolated or abandoned.

 


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

ê2019 Statutes of Nevada, Page 2716 (CHAPTER 435, SB 130)ê

 

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation, isolation or abandonment of a vulnerable person by a member of the staff of the hospital.

      (c) A coroner.

      (d) Every person who maintains or is employed by an agency to provide nursing in the home.

      (e) Any employee of the Department of Health and Human Services.

      (f) Any employee of a law enforcement agency or an adult or juvenile probation officer.

      (g) Any person who maintains or is employed by a facility or establishment that provides care for vulnerable persons.

      (h) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation, isolation or abandonment of a vulnerable person and refers them to persons and agencies where their requests and needs can be met.

      (i) Every social worker.

      (j) Any person who owns or is employed by a funeral home or mortuary.

      4.  A report may be made by any other person.

      5.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a vulnerable person has died as a result of abuse, neglect, isolation or abandonment, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the vulnerable person and submit to the appropriate local law enforcement agencies and the appropriate prosecuting attorney his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

      6.  A law enforcement agency which receives a report pursuant to this section shall immediately initiate an investigation of the report.

      7.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

      Sec. 16. NRS 200.5095 is hereby amended to read as follows:

      200.5095  1.  Reports made pursuant to NRS 200.5093, 200.50935 and 200.5094, and records and investigations relating to those reports, are confidential.

      2.  A person, law enforcement agency or public or private agency, institution or facility who willfully releases data or information concerning the reports and investigation of the abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, except:

      (a) Pursuant to a criminal prosecution;

      (b) Pursuant to NRS 200.50982; or

      (c) To persons or agencies enumerated in subsection 3,

Ê is guilty of a misdemeanor.

      3.  Except as otherwise provided in subsection 2 and NRS 200.50982, data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person is available only to:

      (a) A physician who is providing care to an older person or a vulnerable person who may have been abused, neglected, exploited, isolated or abandoned;

 


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

ê2019 Statutes of Nevada, Page 2717 (CHAPTER 435, SB 130)ê

 

      (b) An agency responsible for or authorized to undertake the care, treatment and supervision of the older person or vulnerable person;

      (c) A district attorney or other law enforcement official who requires the information in connection with an investigation of the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person;

      (d) A court which has determined, in camera, that public disclosure of such information is necessary for the determination of an issue before it;

      (e) A person engaged in bona fide research, but the identity of the subjects of the report must remain confidential;

      (f) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;

      (g) Any comparable authorized person or agency in another jurisdiction;

      (h) A legal guardian of the older person or vulnerable person, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected, and the legal guardian of the older person or vulnerable person is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment;

      (i) If the older person or vulnerable person is deceased, the executor or administrator of his or her estate, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected, and the executor or administrator is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment; or

      (j) The older person or vulnerable person named in the report as allegedly being abused, neglected, exploited, isolated or abandoned, if that person is not legally incompetent.

      4.  If the person who is reported to have abused, neglected, exploited, isolated or abandoned an older person or a vulnerable person is the holder of a license or certificate issued pursuant to chapters 449, 630 to 641B, inclusive, or 654 of NRS, or sections 22 to 51, inclusive, of this act, the information contained in the report must be submitted to the board that issued the license.

      5.  If data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person is made available pursuant to paragraph (b) or (j) of subsection 3 or subsection 4, the name and any other identifying information of the person who made the report must be redacted before the data or information is made available.

      Sec. 17. NRS 200.810 is hereby amended to read as follows:

      200.810  “Health care procedure” means any medical procedure, other than a surgical procedure, that requires a license to perform pursuant to chapters 630 to 637, inclusive, 639 or 640 of NRS [.] or sections 22 to 51, inclusive, of this act.

      Sec. 18. NRS 200.820 is hereby amended to read as follows:

      200.820  “Surgical procedure” means any invasive medical procedure where a break in the skin is created and there is contact with the mucosa or any minimally invasive medical procedure where a break in the skin is created or which involves manipulation of the internal body cavity beyond a natural or artificial body orifice which requires a license to perform pursuant to chapters 630 to 637, inclusive, 639 or 640 of NRS [.] or sections 22 to 51, inclusive, of this act.

 


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

ê2019 Statutes of Nevada, Page 2718 (CHAPTER 435, SB 130)ê

 

      Sec. 19. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.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.

 


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

ê2019 Statutes of Nevada, Page 2719 (CHAPTER 435, SB 130)ê

 

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 47 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

      2.  A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

      3.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

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

      (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. 20. NRS 432B.220 is hereby amended to read as follows:

      432B.220  1.  Any person who is described in subsection 4 and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:

      (a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and

 


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

ê2019 Statutes of Nevada, Page 2720 (CHAPTER 435, SB 130)ê

 

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:

      (a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of the home for a portion of the day, the person shall make the report to a law enforcement agency.

      (b) An agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.

      3.  Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by a fetal alcohol spectrum disorder or prenatal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services. A notification and referral to an agency which provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.

      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) A person providing services licensed or certified in this State pursuant to, without limitation, chapter 450B, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B or 641C of NRS [.] or sections 22 to 51, inclusive, of this act.

      (b) Any personnel of a medical facility licensed pursuant to chapter 449 of NRS who are engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of such a medical facility upon notification of suspected abuse or neglect of a child by a member of the staff of the medical facility.

      (c) A coroner.

      (d) A member of the clergy, practitioner of Christian Science or religious healer, unless the person has acquired the knowledge of the abuse or neglect from the offender during a confession.

      (e) A person employed by a public school or private school and any person who serves as a volunteer at such a school.

      (f) Any person who maintains or is employed by a facility or establishment that provides care for children, children’s camp or other public or private facility, institution or agency furnishing care to a child.

      (g) Any person licensed pursuant to chapter 424 of NRS to conduct a foster home.

 


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

ê2019 Statutes of Nevada, Page 2721 (CHAPTER 435, SB 130)ê

 

      (h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.

      (i) Except as otherwise provided in NRS 432B.225, an attorney.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.

      (k) Any person who is employed by or serves as a volunteer for a youth shelter. As used in this paragraph, “youth shelter” has the meaning ascribed to it in NRS 244.427.

      (l) Any adult person who is employed by an entity that provides organized activities for children, including, without limitation, a person who is employed by a school district or public school.

      5.  A report may be made by any other person.

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to an agency which provides child welfare services or a law enforcement agency. If such a report is made to a law enforcement agency, the law enforcement agency shall notify an agency which provides child welfare services and the appropriate medical examiner or coroner of the report. If such a report is made to an agency which provides child welfare services, the agency which provides child welfare services shall notify the appropriate medical examiner or coroner of the report. The medical examiner or coroner who is notified of a report pursuant to this subsection shall investigate the report and submit his or her written findings to the appropriate agency which provides child welfare services, the appropriate district attorney and a law enforcement agency. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.

      7.  The agency, board, bureau, commission, department, division or political subdivision of the State responsible for the licensure, certification or endorsement of a person who is described in subsection 4 and who is required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State shall, at the time of initial licensure, certification or endorsement:

      (a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;

      (b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and

      (c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is licensed, certified or endorsed in this State.

      8.  The employer of a person who is described in subsection 4 and who is not required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State must, upon initial employment of the person:

      (a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;

      (b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and

      (c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is employed by the employer.

      9.  Before a person may serve as a volunteer at a public school or private school, the school must:

 


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

ê2019 Statutes of Nevada, Page 2722 (CHAPTER 435, SB 130)ê

 

      (a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section and NRS 392.303;

      (b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section and NRS 392.303; and

      (c) Maintain a copy of the written acknowledgment or electronic record for as long as the person serves as a volunteer at the school.

      10.  As used in this section:

      (a) “Private school” has the meaning ascribed to it in NRS 394.103.

      (b) “Public school” has the meaning ascribed to it in NRS 385.007.

      Sec. 21. Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 22 to 51, inclusive, of this act.

      Sec. 22. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 23 to 31, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 23. “Board” means the State Board of Health.

      Sec. 24.  (Deleted by amendment.)

      Sec. 24.5. “Department” means the Department of Health and Human Services.

      Sec. 25. “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

      Sec. 26. “License” means a license to engage in radiation therapy and radiologic imaging issued pursuant to section 36, 38 or 39 of this act. The term does not include a limited license.

      Sec. 27. “Limited license” means a limited license to engage in radiologic imaging issued pursuant to section 37, 38 or 39 of this act.

      Sec. 28. “Mammography” has the meaning ascribed to it in NRS 457.182.

      Sec. 29. “Radiation therapy” means the administration of ionizing radiation for therapeutic purposes.

      Sec. 30. “Radiologic imaging” means the use of ionizing radiation to diagnose or visualize a medical condition.

      Sec. 31. “Radiologist assistant” means a person who holds a license and meets the requirements of section 41 of this act.

      Sec. 32. The provisions of this chapter do not apply to:

      1.  A physician or physician assistant licensed pursuant to chapter 630 or 633 of NRS.

      2.  A dentist or dental hygienist licensed pursuant to chapter 631 of NRS or a dental assistant working within the scope of his or her employment under the direct supervision of a dentist.

      3.  A chiropractic physician or chiropractor’s assistant licensed pursuant to chapter 634 of NRS.

      4.  A person training to become a chiropractor’s assistant or a student practicing in the preceptor program established by the Chiropractic Physicians’ Board of Nevada pursuant to NRS 634.1375.

      5.  A podiatric physician licensed pursuant to chapter 635 of NRS.

      6.  A veterinarian or veterinary technician licensed pursuant to chapter 638 of NRS or any other person performing tasks under the supervision of a veterinarian or veterinary technician as authorized by regulation of the Nevada State Board of Veterinary Medical Examiners.

 


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

ê2019 Statutes of Nevada, Page 2723 (CHAPTER 435, SB 130)ê

 

      7.  The performance of mammography in accordance with NRS 457.182 to 457.187, inclusive.

      Sec. 33. 1.  The Radiation Therapy and Radiologic Imaging Advisory Committee is hereby created.

      2.  The Committee consists of seven members, all of whom are voting members, appointed by the Governor. The Governor shall ensure that the members of the Committee represent the geographic diversity of this State. The Governor shall appoint to the Committee:

      (a) One member who holds a license and is certified by the American Registry of Radiologic Technologists, or its successor organization, to practice in the area of radiography.

      (b) One member who holds a license and is certified by the American Registry of Radiologic Technologists, or its successor organization, to practice in the area of nuclear medicine technology.

      (c) One member who holds a license and is certified by the American Registry of Radiologic Technologists, or its successor organization, to practice in the area of radiation therapy.

      (d) One member who holds a limited license.

      (e) One member who is a physician specializing in radiology.

      (f) One member who is a physician specializing in an area other than radiology, or a dentist, chiropractor or podiatrist.

      (g) One member who is certified to provide clinical professional services in a field of medical physics.

      3.  After the initial terms, the members of the Committee serve terms of 3 years. A vacancy on the Committee must be filled in the same manner as the initial appointment. No member may serve more than two consecutive terms.

      4.  Members of the Committee serve without compensation, except that each member of the Committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      5.  The Committee shall annually select a Chair from among the members appointed pursuant to paragraphs (a) to (d), inclusive, of subsection 2, and a Vice Chair from among its members.

      6.  The Committee shall meet at least once each year and such other times as requested by the Administrator of the Division. The Committee may meet by telephone, videoconference or other electronic means in accordance with the provisions of chapter 241 of NRS. The Administrator shall prescribe the agenda for each meeting. The Committee may submit items to the Administrator to consider for inclusion on the agenda for a meeting.

      7.  The Committee shall:

      (a) Recommend to the Board a national professional organization against which the scope of practice will be measured pursuant to paragraph (b) of subsection 1 of section 34 of this act; and

      (b) Make such other recommendations to the Board, the Division and the Legislature concerning radiation therapy and radiologic imaging as it deems proper.

      Sec. 34.  1.  The Board shall adopt regulations:

      (a) Establishing the fees for the application for and the issuance and renewal of a license or limited license.

      (b) Defining the scope of practice for radiologist assistants and persons who hold licenses and limited licenses. Such regulations must be at least as stringent as the scope of practice adopted by a national professional organization whose membership consists of persons licensed or certified to engage in radiation therapy or radiologic imaging.

 


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

ê2019 Statutes of Nevada, Page 2724 (CHAPTER 435, SB 130)ê

 

organization whose membership consists of persons licensed or certified to engage in radiation therapy or radiologic imaging. The national professional organization must be designated by the Board upon the recommendation of the Radiation Therapy and Radiologic Imaging Advisory Committee pursuant to subsection 7 of section 33 of this act.

      (c) Prescribing the requirements for continuing education for the renewal of a license or limited license. Such regulations must require the holder of a license to complete more hours of continuing education than the holder of a limited license.

      (d) Prescribing the qualifications of a person who is authorized to supervise the holder of a limited license, the tasks for which such supervision is required and the level of supervision required.

      (e) Defining the terms “crime involving moral turpitude” and “unprofessional conduct” for the purposes of section 48 of this act.

      2.  The Board may adopt any other regulations necessary or convenient to carry out the provisions of this chapter.

      3.  At the same time that the Board provides notice pursuant to chapter 233B of NRS or NRS 241.020 of any meeting or workshop relating to the adoption of a proposed regulation pursuant to this chapter, the Board shall submit an electronic copy of the notice to the Radiation Therapy and Radiologic Imaging Advisory Committee created by section 33 of this act.

      4.  All money received from penalties pursuant to the provisions of this chapter must be forwarded to the State Treasurer for credit to the Fund for the Care of Sites for the Disposal of Radioactive Waste created by NRS 459.231.

      5.  All money received from fees pursuant to the provisions of this chapter must be used by the Division to administer the provisions of this chapter.

      6.  The Division shall enforce the provisions of this chapter.

      Sec. 35.  1.  Except as otherwise provided in sections 42 and 43 of this act, a person shall not engage in:

      (a) Radiologic imaging unless he or she has obtained a license or limited license from the Division.

      (b) Radiation therapy unless he or she has obtained a license from the Division.

      (c) Radiation therapy or radiologic imaging which is outside the scope of practice authorized for his or her license or limited license by the regulations adopted pursuant to section 34 of this act.

      2.  A person who wishes to obtain or renew a license or limited license must apply to the Division in the form prescribed by the Division.

      3.  A license or limited license expires 2 years after the date on which the license was issued and must be renewed on or before that date.

      4.  The Division shall not issue or renew a license or limited license unless the applicant for issuance or renewal of the license or limited license attests to knowledge of and compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.

      5.  A provisional license or provisional limited license may not be renewed and expires:

 


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

ê2019 Statutes of Nevada, Page 2725 (CHAPTER 435, SB 130)ê

 

      (a) On the date on which the holder of the provisional license or provisional limited license is issued a license or limited license by the Division;

      (b) On the date on which the application of the holder of the provisional license or provisional limited license for a license or limited license is denied by the Division; or

      (c) One year after the date on which the holder of the provisional license or provisional limited license is initially employed to engage in radiation therapy or radiologic imaging.

      6.  A person who engages in radiation therapy or radiologic imaging in violation of the provisions of this section is guilty of a misdemeanor.

      Sec. 36. The Division may issue a license to engage in radiation therapy and radiologic imaging to a person who:

      1.  Has successfully completed an educational program accredited by the Joint Review Committee on Education in Radiologic Technology, or its successor organization, the Joint Review Committee on Educational Programs in Nuclear Medicine Technology, or its successor organization, or another national accrediting organization approved by the Division; and

      2.  Is certified by the American Registry of Radiologic Technologists, or its successor organization, to practice in the area of radiography, nuclear medicine technology or radiation therapy or the Nuclear Medicine Technology Certification Board, or its successor organization, in nuclear medicine or meets any alternative standards prescribed by regulation of the Board.

      Sec. 37.  1. The Division may issue a limited license to engage in radiologic imaging to a person who has completed a course of study in limited X-ray machine operation that incorporates the Limited X-Ray Machine Operator Curriculum prescribed by the American Society of Radiologic Technologists, or its successor organization, and satisfies the provisions of subsection 2.

      2.  A person may obtain a limited license only if the person:

      (a) Has passed an examination for the limited scope of practice in radiography administered by the American Registry of Radiologic Technologists or its successor organization;

      (b) If applying for a limited license in spine and extremity radiography, is certified by the American Chiropractic Registry of Radiologic Technologists or its successor organization;

      (c) If applying for a limited license in podiatric radiography, is licensed as a podiatry hygienist pursuant to NRS 635.093 or certified by the American Society of Podiatric Medical Assistants or its successor organization; or

      (d) If applying for a limited license in bone densitometry, is certified as a bone densitometry technologist or a certified densitometry technologist by the International Society for Clinical Densitometry, or its successor organization, or has successfully completed the examination for bone densitometry equipment operators administered by the American Registry of Radiologic Technologists or its successor organization.

      3.  The holder of a limited license may perform radiologic imaging only within the scope of the limited license, as described in this subsection and the regulations adopted pursuant to section 34 of this act, and under the supervision required by those regulations. The Division may issue a limited license in:

 


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

ê2019 Statutes of Nevada, Page 2726 (CHAPTER 435, SB 130)ê

 

      (a) Chest radiography, which authorizes the holder of the limited license to engage in radiography of the thorax, heart and lungs;

      (b) Extremities radiography, which authorizes the holder of the limited license to engage in radiography of the upper and lower extremities, including the pelvic girdle;

      (c) Spine and extremity radiography, which authorizes the holder of the limited license to engage in radiography of the vertebral column and the upper and lower extremities, including the pelvic girdle;

      (d) Skull and sinus radiography, which authorizes the holder of the limited license to engage in radiography of the skull and face;

      (e) Podiatric radiography, which authorizes the holder of the limited license to engage in radiography of the foot, ankle and lower leg below the knee;

      (f) Bone densitometry, which authorizes the holder of the limited license to engage in the determination of bone mass by measuring the absorption of radiation in the bone; or

      (g) Any combination thereof.

      4.  The holder of a limited license shall not perform procedures using contrast media, nuclear medicine or radiation therapy.

      5.  As used in this section:

      (a) “Bone densitometry” means the quantitative assessment of bone mass using single or dual energy X-ray absorptiometry.

      (b) “Radiography” has the meaning ascribed to it in NRS 457.182.

      Sec. 38.  1.  The Division may issue a license by endorsement to engage in radiation therapy and radiologic imaging or a limited license by endorsement to engage in radiologic imaging in accordance with the provisions of this section to an applicant who meets the requirements set forth in this section.

      2.  An applicant for a license by endorsement or a limited license by endorsement pursuant to this section must submit to the Division an application in the form prescribed by the Division and:

      (a) Proof satisfactory to the Division that the applicant:

             (1) If applying for a license to engage in radiation therapy and radiologic imaging, holds a valid and unrestricted license, certificate or other credential to engage in radiation therapy and radiologic imaging issued in any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any other territory or possession of the United States;

             (2) If applying for a limited license to engage in radiologic imaging, holds a valid and unrestricted license, certificate or other credential to engage in radiologic imaging issued in any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any other territory or possession of the United States;

             (3) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (4) Has not been disciplined or investigated by a regulatory authority of the state or territory in which the applicant holds or has held a license; and

             (5) Has not ever been held civilly or criminally liable for malpractice related to his or her license;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

 


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

ê2019 Statutes of Nevada, Page 2727 (CHAPTER 435, SB 130)ê

 

      (c) Any other information required by the Division.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to engage in radiation therapy and radiologic imaging or a limited license by endorsement to engage in radiologic imaging pursuant to this section, the Division shall provide written notice to the applicant if any additional information is required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a license by endorsement or limited license by endorsement, as applicable, to the applicant not later than 45 days after receiving the application.

      Sec. 39. 1.  The Division may issue a license by endorsement to engage in radiation therapy and radiologic imaging or a limited license by endorsement to engage in radiologic imaging in accordance with the provisions of this section to an applicant who meets the requirements set forth in this section.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Division with his or her application:

      (a) Proof satisfactory to the Division that the applicant:

             (1) If applying for a license to engage in radiation therapy and radiologic imaging, holds a valid and unrestricted license, certificate or other credential to engage in radiation therapy and radiologic imaging issued in any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any other territory or possession of the United States;

             (2) If applying for a limited license to engage in radiologic imaging, holds a valid and unrestricted license, certificate or other credential to engage in radiologic imaging issued in any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any other territory or possession of the United States;

             (3) 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;

             (4) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (5) Has not been disciplined or investigated by a regulatory authority of the state or territory in which the applicant holds or has held a license; and

             (6) Has not ever been held civilly or criminally liable for malpractice related to his or her license;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

      (c) Any other information required by the Division.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to engage in radiation therapy and radiologic imaging or a limited license by endorsement to engage in radiologic imaging pursuant to this section, the Division shall provide written notice to the applicant if any additional information is required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a license by endorsement or a limited license by endorsement, as applicable, to the applicant not later than 45 days after receiving all the additional information required by the Division to complete the application.

 


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

ê2019 Statutes of Nevada, Page 2728 (CHAPTER 435, SB 130)ê

 

      4.  At any time before making a final decision, the Division may grant a provisional license authorizing an applicant to engage in radiation therapy and radiologic imaging or a provisional limited license authorizing an applicant to engage in radiologic imaging, as applicable, in accordance with regulations adopted by the Division.

      5.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 40. 1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license or limited license shall include the social security number of the applicant in the application submitted to the Division.

      (b) An applicant for the issuance or renewal of a license or limited license shall submit to the Division 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 Division shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license or limited license; or

      (b) A separate form prescribed by the Division.

      3.  A license or limited license may not be issued or renewed by the Division 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 Division 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. 41. 1.  The holder of a license may practice as a radiologist assistant if the holder is:

      (a) Certified by the American Registry of Radiologic Technologists, or its successor organization, to practice in the area of radiography and is registered as a radiologist assistant by that entity; or

      (b) Certified by the Certification Board for Radiology Practitioner Assistants.

      2.  In addition to the duties that the holder of a license is authorized to perform by the regulations adopted pursuant to section 34 of this act, a radiologist assistant:

      (a) May perform any duty relating to the care and management of patients, including, without limitation, radiologic imaging and interventional procedures guided by radiologic imaging, under the supervision of a radiologist.

 


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

ê2019 Statutes of Nevada, Page 2729 (CHAPTER 435, SB 130)ê

 

      (b) May provide initial observations concerning the images of a patient to a supervising physician who specializes in radiology.

      (c) Shall not interpret images of a patient or otherwise engage in the practice of medicine, as defined in NRS 630.020.

      3.  A person who practices as a radiologist assistant without meeting the requirements of subsection 1 is guilty of a misdemeanor.

      Sec. 42.  1.  A person who does not meet the requirements of section 35 of this act may, without compensation, engage in radiation therapy or radiologic imaging under the direct supervision of a physician, dentist, chiropractor or podiatrist or a person who holds a license for the purpose of qualifying for any certification required to obtain a license or a limited license.

      2.  A holder of a license or limited license may engage in radiation therapy or radiologic imaging outside the scope of practice authorized for his or her license or limited license by the regulations adopted pursuant to section 34 of this act if:

      (a) Necessary to qualify for certification by a national accrediting organization in that area; and

      (b) The licensee registers with the Division before engaging in such activity.

      3.  The Division may issue a temporary student license to a person who is enrolled in a program to qualify for any certification that is required to obtain a license or limited license. A holder of a temporary student license may engage in any activity described in subsection 1 for compensation.

      4.  A temporary student license may not be renewed and expires on the earlier of:

      (a) The date on which the holder of the temporary student license is issued a license or limited license by the Division;

      (b) The date on which the application of the holder of the temporary student license for a license or limited license is denied by the Division; or

      (c) One year after the date on which the holder of the temporary student license is initially employed to engage in radiation therapy or radiologic imaging.

      Sec. 43.  1.  A person who does not hold a license or limited license may take X-ray photographs under the supervision of a physician or physician assistant as part of his or her employment or service as an independent contractor in a rural health clinic or federally-qualified health center described in subsection 2 if the person:

      (a) Registers with the Division in the form prescribed by the Division;

      (b) Submits to the Division proof that he or she has completed training in radiation safety and proper positioning for X-ray photographs provided by the holder of a license; and

      (c) Completes the continuing education prescribed by regulation of the Department.

      2.  A person described in subsection 1 may take X-ray photographs as part of his or her employment or service as an independent contractor in a rural health clinic or federally-qualified health center that:

      (a) Is located in a county whose population is less than 55,000; and

      (b) Has established a quality assurance program for X-ray photographs that meets the requirements prescribed by regulation of the Division.

      3.  A person who performs computed tomography or fluoroscopy as part of his or her employment on January 1, 2020, may continue to perform any such activity on and after that date without complying with the requirements of section 44 or 45, as applicable, of this act if he or she:

 


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

ê2019 Statutes of Nevada, Page 2730 (CHAPTER 435, SB 130)ê

 

such activity on and after that date without complying with the requirements of section 44 or 45, as applicable, of this act if he or she:

      (a) Registers with the Division in the form prescribed by the Division;

      (b) Provides any information requested by the Division; and

      (c) Does not expand the scope of his or her duties relating to computed tomography or fluoroscopy, as applicable.

      4.  As used in this section:

      (a) “Federally-qualified health center” has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).

      (b) “Rural health clinic” has the meaning ascribed to it in 42 U.S.C. § 1395x(aa)(2).

      Sec. 44.  1.  A person shall not perform computed tomography except as authorized by this section and section 43 of this act.

      2.  Except as otherwise provided in this section, a holder of a license may only perform computed tomography within his or her scope of practice, as authorized by the regulations adopted pursuant to section 34 of this act, if he or she is certified by:

      (a) The American Registry of Radiologic Technologists, or its successor organization, to practice in the area of nuclear medicine technology or radiation therapy; or

      (b) The Nuclear Medicine Technology Certification Board, or its successor organization, in nuclear medicine.

      3.  A holder of a license who is certified by the American Registry of Radiologic Technologists, or its successor organization, or the Nuclear Medicine Technology Certification Board, or its successor organization, in computed tomography may perform computed tomography.

      4.  A holder of a license who does not satisfy the requirements of subsection 2 or 3 may perform computed tomography if he or she:

      (a) Performs computed tomography to qualify for certification by the American Registry of Radiologic Technologists, or its successor organization, or the Nuclear Medicine Technology Certification Board, or its successor organization, in computed tomography; and

      (b) Registers with the Division before performing computed tomography.

      5.  A person who performs computed tomography in violation of this section is guilty of a misdemeanor.

      Sec. 45.  1.  A person shall not perform fluoroscopy except as authorized in this section and section 43 of this act.

      2.  A holder of a license may perform fluoroscopy:

      (a) If he or she is certified by the American Registry of Radiologic Technologists, or its successor organization, to practice in the area of radiation therapy;

      (b) Only within the scope of his or her practice; and

      (c) Only to the extent authorized by the regulations adopted pursuant to section 34 of this act.

      3.  A person who performs fluoroscopy in violation of this section is guilty of a misdemeanor.

      Sec. 46.  (Deleted by amendment.)

      Sec. 47.  1.  Except as otherwise provided in this section, any authorized representative of the Division may:

      (a) Enter and inspect at any reasonable time any private or public property on which radiation therapy or radiologic imaging is conducted for the purpose of determining whether a violation of the provisions of this chapter or the regulations adopted pursuant thereto has occurred or is occurring.

 


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

ê2019 Statutes of Nevada, Page 2731 (CHAPTER 435, SB 130)ê

 

the purpose of determining whether a violation of the provisions of this chapter or the regulations adopted pursuant thereto has occurred or is occurring. The owner, occupant or person responsible for such property shall permit such entry and inspection. An owner, occupant or person responsible for such property who fails to permit such entry and inspection is guilty of a misdemeanor.

      (b) Request any information necessary to ensure that any person who engages in radiation therapy or radiologic imaging meets any requirements specified by this chapter concerning the radiation therapy or radiologic imaging in which the person engages.

      2.  An authorized representative of the Division may only enter an area that is subject to the jurisdiction of the Federal Government if the authorized representative obtains the consent of the Federal Government or its duly designated representative.

      3.  Any report of an investigation or inspection conducted pursuant to paragraph (a) of subsection 1 and any information requested pursuant to paragraph (b) of subsection 1 shall not be disclosed or made available for public inspection, except as otherwise provided in NRS 239.0115 or as may be necessary to carry out the responsibilities of the Division.

      Sec. 48.  1.  The Division may deny, suspend, revoke or refuse to renew a license or limited license issued pursuant to the provisions of this chapter, impose limitations on the practice of a holder of such a license or limited license or impose a civil penalty of up to $1,000 per violation if a person:

      (a) Obtains a license or limited license through fraud, misrepresentation or concealment of material facts;

      (b) Engages in unprofessional conduct, as defined by the regulations adopted pursuant to section 34 of this act;

      (c) Is convicted of a crime involving moral turpitude, as defined by the regulations adopted pursuant to section 34 of this act, or any crime which indicates that the person is unfit to engage in radiation therapy or radiologic imaging;

      (d) Violates any provision of this chapter or any regulations adopted pursuant thereto;

      (e) Is guilty of malpractice, gross negligence or incompetence while engaging in radiation therapy or radiologic imaging;

      (f) Engages in conduct that could result in harm to a member of the public; or

      (g) Has disciplinary action imposed in another jurisdiction against a license or certificate of the person that is equivalent to a license or limited license issued pursuant to this chapter.

      2.  At least 2 years after the date on which the license or limited license of a person is revoked, the person may apply to the Division for reinstatement of the license, which is within the discretion of the Division.

      Sec. 49.  1.  The Division may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proven, would constitute grounds for initiating disciplinary action, investigate the actions of any person who engages in radiation therapy or radiologic imaging.

      2.  A person may file a complaint anonymously pursuant to subsection 1. The Division may refuse to consider such a complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

 


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

ê2019 Statutes of Nevada, Page 2732 (CHAPTER 435, SB 130)ê

 

the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

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

      4.  Before initiating proceedings to impose disciplinary action, the Division shall notify the accused person in writing of the charges. Such notice may be served by personal delivery to the accused person or by mailing it by registered or certified mail to the place of business last specified as noted in the records of the Division.

      5.  In any proceeding to impose disciplinary action, the Division shall afford an opportunity for a hearing on the record upon the request of the accused person. The Division may compel the attendance of witnesses or the production of documents or objects by subpoena.

      6.  The Division shall render a written decision at the conclusion of each hearing, and the record and decision in each hearing must be made available for inspection by any interested person.

      7.  The Division may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to the provisions of this chapter. Any disciplinary action taken by the hearing officer or panel is subject to the same procedural requirements applicable to the Division pursuant to subsection 6, and the officer or panel has those powers and duties given to the Division in relation thereto.

      8.  A decision imposing disciplinary action pursuant to this section is a final decision for the purposes of judicial review.

      Sec. 50.  1.  If the Division 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 license or limited license, the Division shall deem the license or limited license 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 Division receives a letter issued to the holder of the license or limited license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license or limited license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Division shall reinstate a license or limited license that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license or limited license was suspended stating that the person whose license or limited license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 51.  1.  The Division or the Attorney General may maintain in any court of competent jurisdiction a suit to enjoin any person from violating a provision of this chapter or any regulations adopted pursuant thereto.

      2.  Such an injunction:

      (a) May be issued without proof of actual damage sustained by any person as a preventive or punitive measure.

      (b) Does not relieve any person from any other legal action.

 


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

ê2019 Statutes of Nevada, Page 2733 (CHAPTER 435, SB 130)ê

 

      Sec. 52. NRS 622.520 is hereby amended to read as follows:

      622.520  1.  A regulatory body that regulates a profession pursuant to chapters 630, 630A, 632 to 641C, inclusive, or 644A of NRS or sections 22 to 51, inclusive, of this act in this State may enter into a reciprocal agreement with the corresponding regulatory authority of the District of Columbia or any other state or territory of the United States for the purposes of:

      (a) Authorizing a qualified person licensed in the profession in that state or territory to practice concurrently in this State and one or more other states or territories of the United States; and

      (b) Regulating the practice of such a person.

      2.  A regulatory body may enter into a reciprocal agreement pursuant to subsection 1 only if the regulatory body determines that:

      (a) The corresponding regulatory authority is authorized by law to enter into such an agreement with the regulatory body; and

      (b) The applicable provisions of law governing the practice of the respective profession in the state or territory on whose behalf the corresponding regulatory authority would execute the reciprocal agreement are substantially similar to the corresponding provisions of law in this State.

      3.  A reciprocal agreement entered into pursuant to subsection 1 must not authorize a person to practice his or her profession concurrently in this State unless the person:

      (a) Has an active license to practice his or her profession in another state or territory of the United States.

      (b) Has been in practice for at least the 5 years immediately preceding the date on which the person submits an application for the issuance of a license pursuant to a reciprocal agreement entered into pursuant to subsection 1.

      (c) Has not had his or her license suspended or revoked in any state or territory of the United States.

      (d) Has not been refused a license to practice in any state or territory of the United States for any reason.

      (e) Is not involved in and does not have pending any disciplinary action concerning his or her license or practice in any state or territory of the United States.

      (f) Pays any applicable fees for the issuance of a license that are otherwise required for a person to obtain a license in this State.

      (g) Submits to the applicable regulatory body the statement required by NRS 425.520.

      4.  If the regulatory body enters into a reciprocal agreement pursuant to subsection 1, the regulatory body must prepare an annual report before January 31 of each year outlining the progress of the regulatory body as it relates to the reciprocal agreement and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the next session of the Legislature in odd-numbered years or to the Legislative Committee on Health Care in even-numbered years.

      Sec. 53. (Deleted by amendment.)

      Sec. 54. NRS 630.279 is hereby amended to read as follows:

      630.279  The Board shall adopt regulations regarding the licensure of practitioners of respiratory care, including, without limitation:

      1.  Educational and other qualifications of applicants;

      2.  Required academic programs which applicants must successfully complete;

      3.  Procedures for applying for and issuing licenses;

 


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

ê2019 Statutes of Nevada, Page 2734 (CHAPTER 435, SB 130)ê

 

      4.  Tests or examinations of applicants by the Board;

      5.  The types of medical services that a practitioner of respiratory care may perform, except that a practitioner of respiratory care may not perform those specific functions and duties delegated or otherwise restricted by specific statute to persons licensed as dentists, chiropractors, podiatric physicians, optometrists, physicians, osteopathic physicians or hearing aid specialists pursuant to this chapter or chapter 631, 633, 634, 635, 636 or 637B of NRS, as appropriate [;] , or persons who hold a license to engage in radiation therapy and radiologic imaging or a limited license to engage in radiologic imaging pursuant to sections 22 to 51, inclusive, of this act;

      6.  The duration, renewal and termination of licenses; and

      7.  The grounds and procedures for disciplinary actions against practitioners of respiratory care.

      Sec. 55. NRS 630A.299 is hereby amended to read as follows:

      630A.299  The Board shall adopt regulations regarding the certification of a homeopathic assistant, including, but not limited to:

      1.  The educational and other qualifications of applicants.

      2.  The required academic program for applicants.

      3.  The procedures for applications for and the issuance of certificates.

      4.  The tests or examinations of applicants by the Board.

      5.  The medical services which a homeopathic assistant may perform, except that a homeopathic assistant may not perform those specific functions and duties delegated or restricted by law to persons licensed as dentists, chiropractors, podiatric physicians, optometrists or hearing aid specialists under chapter 631, 634, 635, 636 or 637B, respectively, of NRS [.] or persons licensed to engage in radiation therapy or radiologic imaging pursuant to sections 22 to 51, inclusive, of this act.

      6.  The duration, renewal and termination of certificates.

      7.  The grounds respecting disciplinary actions against homeopathic assistants.

      8.  The supervision of a homeopathic assistant by a supervising homeopathic physician.

      9.  The establishment of requirements for the continuing education of homeopathic assistants.

      Secs. 56 and 57. (Deleted by amendment.)

      Sec. 58. NRS 632.472 is hereby amended to read as follows:

      632.472  1.  The following persons shall report in writing to the Executive Director of the Board any conduct of a licensee or holder of a certificate which constitutes a violation of the provisions of this chapter:

      (a) Any physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, nursing assistant, medication aide - certified, perfusionist, physician assistant licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, alcohol or drug abuse counselor, music therapist, holder of a license or limited license issued pursuant to sections 22 to 51, inclusive, of this act, driver of an ambulance, paramedic or other person providing medical services licensed or certified to practice in this State.

      (b) Any personnel of a medical facility or facility for the dependent engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a medical facility or facility for the dependent upon notification by a member of the staff of the facility.

 


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

ê2019 Statutes of Nevada, Page 2735 (CHAPTER 435, SB 130)ê

 

      (c) A coroner.

      (d) Any person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Any person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 449.4304.

      (f) Any person who maintains or is employed by an agency to provide nursing in the home.

      (g) Any employee of the Department of Health and Human Services.

      (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.

      (k) Any social worker.

      (l) Any person who operates or is employed by a community health worker pool or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in NRS 449.0027.

      (m) Any person who operates or is employed by a peer support recovery organization.

      2.  Every physician who, as a member of the staff of a medical facility or facility for the dependent, has reason to believe that a nursing assistant or medication aide - certified has engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility. The superintendent, manager or other person in charge shall make a report as required in subsection 1.

      3.  A report may be filed by any other person.

      4.  Any person who in good faith reports any violation of the provisions of this chapter to the Executive Director of the Board pursuant to this section is immune from civil liability for reporting the violation.

      5.  As used in this section:

      (a) “Agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021.

      (b) “Community health worker pool” has the meaning ascribed to it in NRS 449.0028.

      (c) “Peer support recovery organization” has the meaning ascribed to it in NRS 449.01563.

      Secs. 59-61. (Deleted by amendment.)

      Sec. 62. Chapter 635 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as authorized by this section, a podiatry hygienist shall not engage in radiation therapy or radiologic imaging unless he or she has obtained a license or limited license pursuant to sections 22 to 51, inclusive, of this act.

      2.  A podiatry hygienist may take and develop X-rays only:

      (a) Within the practice of podiatry and under the direction of a podiatric physician; and

 


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

ê2019 Statutes of Nevada, Page 2736 (CHAPTER 435, SB 130)ê

 

      (b) Except as otherwise provided in subsection 3, if he or she has successfully completed the training prescribed by the Board pursuant to subsection 4.

      3.  A podiatry hygienist who has not successfully completed the training prescribed by the Board pursuant to subsection 4 may, as part of that training, take and develop X-rays under the direct supervision of a podiatric physician.

      4.  The Board shall adopt regulations prescribing training that a podiatry hygienist must receive before taking and developing X-rays.

      5.  As used in this section:

      (a) “Radiation therapy” has the meaning ascribed to it in section 29 of this act.

      (b) “Radiologic imaging” has the meaning ascribed to it in section 30 of this act.

      Sec. 63. NRS 635.098 is hereby amended to read as follows:

      635.098  1.  Any podiatry hygienist in the employ and under the direction of a podiatric physician may:

      (a) Apply orthopedic padding.

      (b) Administer to patients by means of physiotherapeutic equipment.

      (c) Make up surgical packs.

      (d) Strap and cast for orthopedic appliances.

      (e) Take and develop X-rays [.] , if authorized by section 62 of this act.

      (f) Assist in foot surgery.

      (g) Administer oral medications.

      2.  The Board may require that every podiatry hygienist have a general knowledge of sterile techniques, aseptic maintenance of surgery rooms, emergency treatments, podiatric nomenclature and podiatric surgical procedure.

      Sec. 64. NRS 637B.080 is hereby amended to read as follows:

      637B.080  The provisions of this chapter do not apply to any person who:

      1.  Holds a current credential issued by the Department of Education pursuant to chapter 391 of NRS and any regulations adopted pursuant thereto and engages in the practice of audiology or speech-language pathology within the scope of that credential;

      2.  Is employed by the Federal Government and engages in the practice of audiology or speech-language pathology within the scope of that employment;

      3.  Is a student enrolled in a program or school approved by the Board, is pursuing a degree in audiology or speech-language pathology and is clearly designated to the public as a student; or

      4.  Holds a current license issued pursuant to chapters 630 to 637, inclusive, or 640 to 641C, inclusive, of NRS [,] or sections 22 to 51, inclusive, of this act,

Ê and who does not engage in the private practice of audiology or speech-language pathology in this State.

      Sec. 65. NRS 639.100 is hereby amended to read as follows:

      639.100  1.  Except as otherwise provided in this chapter, it is unlawful for any person to manufacture, engage in wholesale distribution, compound, sell or dispense, or permit to be manufactured, distributed at wholesale, compounded, sold or dispensed, any drug, poison, medicine or chemical, or to dispense or compound, or permit to be dispensed or compounded, any prescription of a practitioner, unless the person:

 


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

ê2019 Statutes of Nevada, Page 2737 (CHAPTER 435, SB 130)ê

 

      (a) Is a prescribing practitioner, a person licensed to engage in wholesale distribution, [a technologist in radiology or nuclear medicine] a person licensed pursuant to sections 22 to 51, inclusive, of this act under the supervision of the prescribing practitioner, a registered pharmacist, or a registered nurse certified in oncology under the supervision of the prescribing practitioner; and

      (b) Complies with the regulations adopted by the Board.

      2.  A person who violates any provision of subsection 1:

      (a) If no substantial bodily harm results, is guilty of a category D felony; or

      (b) If substantial bodily harm results, is guilty of a category C felony,

Ê and shall be punished as provided in NRS 193.130.

      3.  Sales representatives, manufacturers or wholesalers selling only in wholesale lots and not to the general public and compounders or sellers of medical gases need not be registered pharmacists. A person shall not act as a manufacturer or wholesaler unless the person has obtained a license from the Board.

      4.  Any nonprofit cooperative organization or any manufacturer or wholesaler who furnishes, sells, offers to sell or delivers a controlled substance which is intended, designed and labeled “For Veterinary Use Only” is subject to the provisions of this chapter, and shall not furnish, sell or offer to sell such a substance until the organization, manufacturer or wholesaler has obtained a license from the Board.

      5.  Each application for such a license must be made on a form furnished by the Board and an application must not be considered by the Board until all the information required thereon has been completed. Upon approval of the application by the Board and the payment of the required fee, the Board shall issue a license to the applicant. Each license must be issued to a specific person for a specific location.

      6.  The Board shall not condition, limit, restrict or otherwise deny to a prescribing practitioner the issuance of a certificate, license, registration, permit or authorization to prescribe controlled substances or dangerous drugs because the practitioner is located outside this State.

      Sec. 66. NRS 644A.880 is hereby amended to read as follows:

      644A.880  1.  If the Board determines that a complaint filed with the Board concerns a matter within the jurisdiction of another licensing board, the Board shall refer the complaint to the other licensing board within 5 days after making the determination.

      2.  The Board may refer a complaint pursuant to subsection 1 orally, electronically or in writing.

      3.  The provisions of subsection 1 apply to any complaint filed with the Board, including, without limitation:

      (a) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated by the Board or by another licensing board; and

      (b) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated solely by another licensing board.

      4.  The provisions of this section do not prevent the Board from acting upon a complaint which concerns a matter within the jurisdiction of the Board regardless of whether the Board refers the complaint pursuant to subsection 1.

 


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

ê2019 Statutes of Nevada, Page 2738 (CHAPTER 435, SB 130)ê

 

      5.  The Board or an officer or employee of the Board is immune from any civil liability for any decision or action taken in good faith and without malicious intent in carrying out the provisions of this section.

      6.  As used in this section, “licensing board” means [a] :

      (a) A board created pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B, 641C, 643, 644A or 654 of NRS [.] ; and

      (b) The Division of Public and Behavioral Health of the Department of Health and Human Services.

      Sec. 67. NRS 654.185 is hereby amended to read as follows:

      654.185  1.  If the Board determines that a complaint filed with the Board concerns a matter within the jurisdiction of another licensing board, the Board shall refer the complaint to the other licensing board within 5 days after making the determination.

      2.  The Board may refer a complaint pursuant to subsection 1 orally, electronically or in writing.

      3.  The provisions of subsection 1 apply to any complaint filed with the Board, including, without limitation:

      (a) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated by the Board or by another licensing board; and

      (b) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated solely by another licensing board.

      4.  The provisions of this section do not prevent the Board from acting upon a complaint which concerns a matter within the jurisdiction of the Board regardless of whether the Board refers the complaint pursuant to subsection 1.

      5.  The Board or an officer or employee of the Board is immune from any civil liability for any decision or action taken in good faith and without malicious intent in carrying out the provisions in this section.

      6.  As used in this section, “licensing board” means [a] :

      (a) A board created pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B, 641C, 643, 644A or 654 of NRS [.] ; and

      (b) The Division of Public and Behavioral Health of the Department of Health and Human Services.

      Sec. 68. NRS 679B.440 is hereby amended to read as follows:

      679B.440  1.  The Commissioner may require that reports submitted pursuant to NRS 679B.430 include, without limitation, information regarding:

      (a) Liability insurance provided to:

             (1) Governmental agencies and political subdivisions of this State, reported separately for:

                   (I) Cities and towns;

                   (II) School districts; and

                   (III) Other political subdivisions;

             (2) Public officers;

             (3) Establishments where alcoholic beverages are sold;

             (4) Facilities for the care of children;

             (5) Labor, fraternal or religious organizations; and

             (6) Officers or directors of organizations formed pursuant to title 7 of NRS, reported separately for nonprofit entities and entities organized for profit;

      (b) Liability insurance for:

 


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

ê2019 Statutes of Nevada, Page 2739 (CHAPTER 435, SB 130)ê

 

             (1) Defective products;

             (2) Medical or dental malpractice of:

                   (I) A practitioner licensed pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639 or 640 of NRS [;] or who holds a license or limited license issued pursuant to sections 22 to 51, inclusive, of this act;

                   (II) A hospital or other health care facility; or

                   (III) Any related corporate entity ; [.]

             (3) Malpractice of attorneys;

             (4) Malpractice of architects and engineers; and

             (5) Errors and omissions by other professionally qualified persons;

      (c) Vehicle insurance, reported separately for:

             (1) Private vehicles;

             (2) Commercial vehicles;

             (3) Liability insurance; and

             (4) Insurance for property damage;

      (d) Workers’ compensation insurance; and

      (e) In addition to any information provided pursuant to subparagraph (2) of paragraph (b) or NRS 690B.260, a policy of insurance for medical malpractice. As used in this paragraph, “policy of insurance for medical malpractice” has the meaning ascribed to it in NRS 679B.144.

      2.  The Commissioner may require that the report include, without limitation, information specifically pertaining to this State or to an insurer in its entirety, in the aggregate or by type of insurance, and for a previous or current year, regarding:

      (a) Premiums directly written;

      (b) Premiums directly earned;

      (c) Number of policies issued;

      (d) Net investment income, using appropriate estimates when necessary;

      (e) Losses paid;

      (f) Losses incurred;

      (g) Loss reserves, including:

             (1) Losses unpaid on reported claims; and

             (2) Losses unpaid on incurred but not reported claims;

      (h) Number of claims, including:

             (1) Claims paid; and

             (2) Claims that have arisen but are unpaid;

      (i) Expenses for adjustment of losses, including allocated and unallocated losses;

      (j) Net underwriting gain or loss;

      (k) Net operation gain or loss, including net investment income; and

      (l) Any other information requested by the Commissioner.

      3.  The Commissioner may also obtain, based upon an insurer in its entirety, information regarding:

      (a) Recoverable federal income tax;

      (b) Net unrealized capital gain or loss; and

      (c) All other expenses not included in subsection 2.

      Sec. 69. NRS 686A.2825 is hereby amended to read as follows:

      686A.2825  “Practitioner” means:

      1.  A physician, dentist, nurse, dispensing optician, optometrist, physical therapist, podiatric physician, psychologist, chiropractor, doctor of Oriental medicine in any form, director or technician of a medical laboratory, pharmacist , person who holds a license to engage in radiation therapy and radiologic imaging or a limited license to engage in radiologic imaging pursuant to sections 22 to 51, inclusive, of this act or other provider of health services who is authorized to engage in his or her occupation by the laws of this state or another state; and

 


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

ê2019 Statutes of Nevada, Page 2740 (CHAPTER 435, SB 130)ê

 

pharmacist , person who holds a license to engage in radiation therapy and radiologic imaging or a limited license to engage in radiologic imaging pursuant to sections 22 to 51, inclusive, of this act or other provider of health services who is authorized to engage in his or her occupation by the laws of this state or another state; and

      2.  An attorney admitted to practice law in this state or any other state.

      Sec. 70. NRS 686B.030 is hereby amended to read as follows:

      686B.030  1.  Except as otherwise provided in subsection 2 and NRS 686B.125, the provisions of NRS 686B.010 to 686B.1799, inclusive, apply to all kinds and lines of direct insurance written on risks or operations in this State by any insurer authorized to do business in this State, except:

      (a) Ocean marine insurance;

      (b) Contracts issued by fraternal benefit societies;

      (c) Life insurance and credit life insurance;

      (d) Variable and fixed annuities;

      (e) Credit accident and health insurance;

      (f) Property insurance for business and commercial risks;

      (g) Casualty insurance for business and commercial risks other than insurance covering the liability of a practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS [;] or who holds a license or limited license issued pursuant to sections 22 to 51, inclusive, of this act;

      (h) Surety insurance;

      (i) Health insurance offered through a group health plan maintained by a large employer; and

      (j) Credit involuntary unemployment insurance.

      2.  The exclusions set forth in paragraphs (f) and (g) of subsection 1 extend only to issues related to the determination or approval of premium rates.

      Sec. 71. NRS 690B.250 is hereby amended to read as follows:

      690B.250  Except as more is required in NRS 630.3067 and 633.526:

      1.  Each insurer which issues a policy of insurance covering the liability of a practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS or who holds a license or limited license issued pursuant to sections 22 to 51, inclusive, of this act for a breach of his or her professional duty toward a patient shall report to the board which licensed the practitioner within 45 days each settlement or award made or judgment rendered by reason of a claim, if the settlement, award or judgment is for more than $5,000, giving the name of the claimant and the practitioner and the circumstances of the case.

      2.  A practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS or who holds a license or limited license issued pursuant to sections 22 to 51, inclusive, of this act who does not have insurance covering liability for a breach of his or her professional duty toward a patient shall report to the board which issued the practitioner’s license within 45 days of each settlement or award made or judgment rendered by reason of a claim, if the settlement, award or judgment is for more than $5,000, giving the practitioner’s name, the name of the claimant and the circumstances of the case.

      3.  These reports are public records and must be made available for public inspection within a reasonable time after they are received by the licensing board.

      Sec. 72. NRS 690B.320 is hereby amended to read as follows:

      690B.320  1.  If an insurer offers to issue a claims-made policy to a practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS [,] or who holds a license or limited license issued pursuant to sections 22 to 51, inclusive, of this act, the insurer shall:

 


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

ê2019 Statutes of Nevada, Page 2741 (CHAPTER 435, SB 130)ê

 

NRS [,] or who holds a license or limited license issued pursuant to sections 22 to 51, inclusive, of this act, the insurer shall:

      (a) Offer to issue to the practitioner an extended reporting endorsement without a time limitation for reporting a claim.

      (b) Disclose to the practitioner the premium for the extended reporting endorsement and the cost formula that the insurer uses to determine the premium for the extended reporting endorsement.

      (c) Disclose to the practitioner the portion of the premium attributable to funding the extended reporting endorsement offered at no additional cost to the practitioner in the event of the practitioner’s death, disability or retirement, if such a benefit is offered.

      (d) Disclose to the practitioner the vesting requirements for the extended reporting endorsement offered at no additional cost to the practitioner in the event of the practitioner’s death or retirement, if such a benefit is offered. If such a benefit is not offered, the absence of such a benefit must be disclosed.

      (e) Include, as part of the insurance contract, language which must be approved by the Commissioner and which must be substantially similar to the following:

 

If we adopt any revision that would broaden the coverage under this policy without any additional premium either within the policy period or within 60 days before the policy period, the broadened coverage will immediately apply to this policy.

 

      2.  The disclosures required by subsection 1 must be made as part of the offer and acceptance at the inception of the policy and again at each renewal in the form of an endorsement attached to the insurance contract and approved by the Commissioner.

      3.  The requirements set forth in this section are in addition to the requirements set forth in NRS 690B.290.

      Sec. 72.3. Section 32 of this act is hereby amended to read as follows:

       Sec. 32.  The provisions of this chapter do not apply to:

       1.  A physician or physician assistant licensed pursuant to chapter 630 or 633 of NRS.

      2.  A dentist or dental hygienist licensed pursuant to chapter 631 of NRS or a dental assistant working within the scope of his or her employment under the direct supervision of a dentist.

       3.  A chiropractic physician or chiropractor’s assistant licensed pursuant to chapter 634 of NRS.

       4.  A person training to become a chiropractor’s assistant or a student practicing in the preceptor program established by the Chiropractic Physicians’ Board of Nevada pursuant to NRS 634.1375.

       5.  A podiatric physician or podiatry hygienist licensed pursuant to chapter 635 of NRS , or a person training to be a podiatry hygienist.

      6.  A veterinarian or veterinary technician licensed pursuant to chapter 638 of NRS or any other person performing tasks under the supervision of a veterinarian or veterinary technician as authorized by regulation of the Nevada State Board of Veterinary Medical Examiners.

      Sec. 72.6. Section 35 of this act is hereby amended to read as follows:

      Sec. 35. 1.  Except as otherwise provided in sections 42 [and] , 43 and 62 of this act, a person shall not engage in:

 


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

ê2019 Statutes of Nevada, Page 2742 (CHAPTER 435, SB 130)ê

 

       (a) Radiologic imaging unless he or she has obtained a license or limited license from the Division.

       (b) Radiation therapy unless he or she has obtained a license from the Division.

       (c) Radiation therapy or radiologic imaging which is outside the scope of practice authorized for his or her license or limited license by the regulations adopted pursuant to section 34 of this act.

       2.  A person who wishes to obtain or renew a license or limited license must apply to the Division in the form prescribed by the Division.

       3.  A license or limited license expires 2 years after the date on which the license was issued and must be renewed on or before that date.

       4.  The Division shall not issue or renew a license or limited license unless the applicant for issuance or renewal of the license or limited license attests to knowledge of and compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.

       5.  A provisional license or provisional limited license may not be renewed and expires:

       (a) On the date on which the holder of the provisional license or provisional limited license is issued a license or limited license by the Division;

       (b) On the date on which the application of the holder of the provisional license or provisional limited license for a license or limited license is denied by the Division; or

       (c) One year after the date on which the holder of the provisional license or provisional limited license is initially employed to engage in radiation therapy or radiologic imaging.

       6.  A person who engages in radiation therapy or radiologic imaging in violation of the provisions of this section is guilty of a misdemeanor.

      Sec. 73. Section 40 of this act is hereby amended to read as follows:

       Sec. 40.  1.  In addition to any other requirements set forth in this chapter [:

       (a) An applicant for the issuance of a license or limited license shall include the social security number of the applicant in the application submitted to the Division.

      (b) An] , an applicant for the issuance or renewal of a license or limited license shall submit to the Division 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 Division shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license or limited license; or

       (b) A separate form prescribed by the Division.

      3.  A license or limited license may not be issued or renewed by the Division if the applicant:

 


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

ê2019 Statutes of Nevada, Page 2743 (CHAPTER 435, SB 130)ê

 

       (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 Division 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. 73.5. Section 47 of this act is hereby amended to read as follows:

       Sec. 47.  1.  Except as otherwise provided in this section, any authorized representative of the Division may:

       (a) Enter and inspect at any reasonable time any private or public property on which radiation therapy or radiologic imaging is conducted for the purpose of determining whether a violation of the provisions of this chapter or the regulations adopted pursuant thereto has occurred or is occurring. The owner, occupant or person responsible for such property shall permit such entry and inspection. An owner, occupant or person responsible for such property who fails to permit such entry and inspection is guilty of a misdemeanor.

       (b) Request any information necessary to ensure that any person who engages in radiation therapy or radiologic imaging meets any requirements specified by this chapter or section 62 of this act, as applicable, concerning the radiation therapy or radiologic imaging in which the person engages.

       2.  An authorized representative of the Division may only enter an area that is subject to the jurisdiction of the Federal Government if the authorized representative obtains the consent of the Federal Government or its duly designated representative.

       3.  Any report of an investigation or inspection conducted pursuant to paragraph (a) of subsection 1 and any information requested pursuant to paragraph (b) of subsection 1 shall not be disclosed or made available for public inspection, except as otherwise provided in NRS 239.0115 or as may be necessary to carry out the responsibilities of the Division.

      Sec. 74.  As soon as practicable after the effective date of this section, the Governor shall appoint to the Radiation Therapy and Radiologic Imaging Advisory Committee created by section 33 of this act:

      1.  One member pursuant to paragraph (g) of subsection 2 of section 33 of this act to an initial term commencing on July 1, 2019, and expiring on June 30, 2020.

      2.  One member each pursuant to paragraphs (d), (e) and (f) of subsection 2 of section 33 of this act to initial terms commencing on July 1, 2019, and expiring on June 30, 2021.

 


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

ê2019 Statutes of Nevada, Page 2744 (CHAPTER 435, SB 130)ê

 

      3.  One member each pursuant to paragraphs (a), (b) and (c) of subsection 2 of section 33 of this act to initial terms commencing on July 1, 2019, and expiring on June 30, 2022.

      Sec. 75.  1.  Notwithstanding the requirements of sections 36 and 37 of this act, the Division of Public and Behavioral Health of the Department of Health and Human Services shall issue a license or a limited license, as applicable, to the scope of practice of the person, to any person who:

      (a) Is performing radiation therapy or radiologic imaging as part of his or her employment on or before January 1, 2020;

      (b) Registers with the Division; and

      (c) Provides any information requested by the Division.

      2.  As used in this section:

      (a) “License” has the meaning ascribed to it in section 26 of this act.

      (b) “Limited license” has the meaning ascribed to it in section 27 of this act.

      (c) “Radiation therapy” has the meaning ascribed to it in section 29 of this act.

      (d) “Radiologic imaging” has the meaning ascribed to it in section 30 of this act.

      Sec. 76.  (Deleted by amendment.)

      Sec. 77.  1.  This section and sections 1, 21, 74 and 75 of this act become effective upon passage and approval.

      2.  Sections 2 to 20, inclusive, and 22 to 61, inclusive, and 64 to 72, inclusive, of this act become effective upon passage and approval for the purpose of adopting regulations and performing any other administrative tasks that are necessary to carry out the provisions of this act and on January 1, 2020, for all other purposes.

      3.  Sections 62, 63, 72.6 and 73.5 of this act:

      (a) Become effective on January 1, 2020, only if regulations adopted by the State Board of Podiatry pursuant to NRS 635.030 prescribing the conditions under which a podiatry hygienist or a person training to be a podiatry hygienist may engage in radiation therapy and radiologic imaging have not become effective before that date; and

      (b) Expire by limitation on the date on which regulations adopted by the State Board of Podiatry pursuant to NRS 635.030 prescribing the conditions under which a podiatry hygienist or a person training to be a podiatry hygienist may engage in radiation therapy and radiologic imaging become effective.

      4.  Section 72.3 of this act becomes effective on January 1, 2020, or the date on which regulations adopted by the State Board of Podiatry pursuant to NRS 635.030 prescribing the conditions under which a podiatry hygienist or a person training to be a podiatry hygienist may engage in radiation therapy and radiologic imaging become effective, whichever is later.

      5.  Section 73 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

 


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

ê2019 Statutes of Nevada, Page 2745 (CHAPTER 435, SB 130)ê

 

      6.  Sections 50 and 73 of this act expire by limitation 2 years after the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

________

CHAPTER 436, AB 316

Assembly Bill No. 316–Assemblymen Tolles, Roberts, Hansen, Leavitt; and Ellison

 

Joint Sponsors: Senators Seevers Gansert; Brooks, Cancela, Denis, Hammond, Hardy, Settelmeyer, Spearman and Washington

 

CHAPTER 436

 

[Approved: June 6, 2019]

 

AN ACT relating to public safety; enacting the Nevada 24/7 Sobriety and Drug Monitoring Program Act; establishing a voluntary statewide sobriety and drug monitoring program; requiring any political subdivision that elects to participate in the program to adopt guidelines relating to the program; requiring such guidelines to establish certain fees; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill enacts the Nevada 24/7 Sobriety and Drug Monitoring Program Act. Section 14 of this bill establishes a statewide sobriety and drug monitoring program in which any political subdivision in this State may elect to participate. Section 15 of this bill provides that if a political subdivision elects to participate in the program, the Department of Public Safety is authorized to assist the political subdivision in the establishment and administration of the program and the political subdivision is required to designate a law enforcement agency to enforce the program.

      Section 16 of this bill authorizes a court to assign an offender who is found guilty of driving under the influence of alcohol or a prohibited substance for the second or third time within 7 years to the program for a specified period determined by the court.

      Section 17 of this bill provides that any person who is assigned to the program: (1) must abstain from alcohol and prohibited substances while assigned to the program; (2) generally must undergo testing to determine the presence of alcohol in the person’s system not less than two times each day; (3) must undergo random testing not less than two times each week to determine the presence of a prohibited substance in the person’s system; (4) must be subject to sanctions for using alcohol or a prohibited substance while assigned to the program or for failing or refusing to undergo required testing; and (5) if the person’s driver’s license is suspended or revoked, is eligible for a restricted driver’s license for the purpose of driving to and from a testing location, work, court appearances or counseling or to receive regularly scheduled medical care. Section 16 authorizes the Department of Motor Vehicles to adopt any regulations necessary to provide for the issuance of such a restricted driver’s license to a person assigned to the program.

 


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

ê2019 Statutes of Nevada, Page 2746 (CHAPTER 436, AB 316)ê

 

      Section 18 of this bill requires each political subdivision that elects to participate in the program to adopt guidelines relating to the program, including guidelines that: (1) provide for the nature and manner of testing and the testing procedures and devices to be used; (2) establish certain fees; and (3) provide for the establishment and use of a local program account for the deposit of any fees collected. Section 19 of this bill requires the law enforcement agency that enforces the program for the political subdivision to collect any fees required by such guidelines and deposit the fees into the applicable local program account. Section 19 also establishes provisions relating to the distribution and use of such fees.

 

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

 

      Whereas, A RAND Corporation study published in the American Journal of Public Health in January 2013 concluded that the frequent alcohol testing required by 24/7 sobriety and drug monitoring programs, combined with swift, certain and modest sanctions for violations, can reduce problem drinking and improve public health outcomes; and

      Whereas, The RAND Corporation analysis provides strong evidence that 24/7 sobriety and drug monitoring programs, when applied to offenders who repeatedly drive under the influence of intoxicating liquor or a prohibited substance, are successful in reducing arrests for such a crime; and

      Whereas, As a result of the success of 24/7 sobriety and drug monitoring programs, such a program is an authorized program for which impaired driving countermeasure incentive grant funding is available under federal law; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 483.490 is hereby amended to read as follows:

      483.490  1.  Except as otherwise provided in this section, after a driver’s license has been suspended or revoked for an offense other than a violation of NRS 484C.110, and one-half of the period during which the driver is not eligible for a license has expired, the Department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) To and from work or in the course of his or her work, or both; or

      (b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself, herself or a member of his or her immediate family.

Ê Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the Department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if the applicant is issued a restricted license.

      2.  A person who is required to install a device in a motor vehicle pursuant to NRS 484C.210 or 484C.460:

      (a) Shall install the device not later than 14 days after the date on which the order was issued; and

      (b) May not receive a restricted license pursuant to this section until:

             (1) After at least 1 year of the period during which the person is not eligible for a license, if the person was convicted of:

 


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

ê2019 Statutes of Nevada, Page 2747 (CHAPTER 436, AB 316)ê

 

                   (I) A violation of NRS 484C.430 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; or

                   (II) A violation of NRS 484C.110 that is punishable as a felony pursuant to NRS 484C.410 or 484C.420; or

             (2) After at least 180 days of the period during which the person is not eligible for a license, if the person was convicted of a violation of subsection 6 of NRS 484B.653.

      3.  If the Department has received a copy of an order requiring a person to install a device in a motor vehicle pursuant to NRS 484C.460 or following an order of revocation issued pursuant to NRS 484C.220, the Department shall not issue a restricted driver’s license to such a person pursuant to this section unless the applicant has submitted proof of compliance with the order and subsection 2.

      4.  If the driver’s license of a person assigned to a program established pursuant to section 14 of this act is suspended or revoked, the Department may, after verifying the proof of compliance submitted pursuant to subsection 3, if applicable, issue a restricted driver’s license to such an applicant that is valid while he or she is a participant in the program and that permits the applicant to drive a motor vehicle:

      (a) To and from a testing location established by a law enforcement agency pursuant to section 15 of this act;

      (b) If applicable, to and from work or in the course of his or her work, or both;

      (c) To and from court appearances;

      (d) To and from counseling; or

      (e) To receive regularly scheduled medical care for himself or herself.

      5.  Except as otherwise provided in NRS 62E.630, after a driver’s license has been revoked or suspended pursuant to title 5 of NRS or NRS 392.148, the Department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his or her work, or both; or

      (b) If applicable, to and from school.

      [5.]6.  After a driver’s license has been suspended pursuant to NRS 483.443, the Department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his or her work, or both;

      (b) To receive regularly scheduled medical care for himself, herself or a member of his or her immediate family; or

      (c) If applicable, as necessary to exercise a court-ordered right to visit a child.

      [6.]7.  A driver who violates a condition of a restricted license issued pursuant to subsection 1 or 4 or by another jurisdiction is guilty of a misdemeanor and, if the license of the driver was suspended or revoked for:

      (a) A violation of NRS 484C.110, 484C.210 or 484C.430;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; or

 


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

ê2019 Statutes of Nevada, Page 2748 (CHAPTER 436, AB 316)ê

 

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b),

Ê the driver shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560.

      [7.]8.  The periods of suspensions and revocations required pursuant to this chapter and NRS 484C.210 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.

      [8.]9.  Whenever the Department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.

      Sec. 2. Chapter 484C of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 19, inclusive, of this act.

      Sec. 3. Sections 3 to 19, inclusive, of this act may be cited as the Nevada 24/7 Sobriety and Drug Monitoring Program Act.

      Sec. 4. 1.  The Legislature hereby declares that driving in this State is a privilege, not a right, and a driver who wishes to enjoy the benefits of such a privilege must accept the corresponding responsibilities.

      2.  The Legislature further declares that the purpose of sections 3 to 19, inclusive, of this act is to:

      (a) Protect the public health and welfare by reducing the number of people on the highways of this State who drive under the influence of intoxicating liquor or a prohibited substance; and

      (b) Strengthen the options available to courts and prosecuting attorneys in responding to offenders who repeatedly drive under the influence of intoxicating liquor or a prohibited substance.

      Sec. 5. As used in sections 3 to 19, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 6 to 13, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 6. “Core components” means the elements of the program that analysis demonstrates are most likely to account for positive outcomes.

      Sec. 7.  (Deleted by amendment.)

      Sec. 8. “Designated law enforcement agency” means a law enforcement agency designated to enforce the program pursuant to section 15 of this act.

      Sec. 9. “Immediate sanction” means a sanction that is able to be applied within minutes after the results of testing indicate the presence of alcohol or a prohibited substance in a program participant’s system.

      Sec. 9.5. “Political subdivision” includes, without limitation, any county, city, other local government, court or entity that administers alternative sentencing.

      Sec. 10. “Program” means the statewide sobriety and drug monitoring program established pursuant to section 14 of this act.

      Sec. 11. “Program participant” means a person who is assigned by a court to the program.

      Sec. 12. “Testing” means any procedure approved by the Committee on Testing for Intoxication for determining the concentration of alcohol or the amount of a prohibited substance in a person’s system that is provided for in the applicable guidelines adopted pursuant to section 18 of this act.

 


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

ê2019 Statutes of Nevada, Page 2749 (CHAPTER 436, AB 316)ê

 

      Sec. 13. “Timely sanction” means a sanction that is able to be applied as soon as possible, but not later than 14 days, after the results of testing indicate the presence of alcohol or a prohibited substance in a program participant’s system.

      Sec. 14. 1.  There is hereby established a statewide sobriety and drug monitoring program in which any political subdivision in this State may elect to participate.

      2.  The core components of the program must include the use of a primary testing methodology that tests for the presence of alcohol or a prohibited substance in a program participant’s system, best facilitates the ability to apply immediate sanctions for noncompliance and is available at an affordable cost. In cases of economic hardship or when a program participant is rewarded with less stringent testing requirements, testing methodologies with timely sanctions for noncompliance may be utilized.

      3.  The program must be evidence-based and satisfy at least two of the following requirements:

      (a) The program is included in the National Registry of Evidence-based Programs and Practices;

      (b) The program has been reported in a peer-reviewed journal as having positive effects on the primary targeted outcome; or

      (c) The program has been documented as effective by informed experts and other sources.

      4.  The core components of the program that generally require testing to determine the presence of alcohol in a person’s system not less than two times each day and random testing to determine the presence of a prohibited substance in a person’s system not less than two times each week must not be altered or modified.

      Sec. 15.  If a political subdivision elects to participate in the program:

      1.  The Department of Public Safety may assist the political subdivision in the establishment and administration of the program in the manner provided in sections 3 to 19, inclusive, of this act and in determining alternatives to incarceration.

      2.  The political subdivision shall designate a law enforcement agency to enforce the program.

      3.  A designated law enforcement agency:

      (a) May designate an entity to provide testing services or to take any other action required or authorized to be provided by the law enforcement agency pursuant to sections 3 to 19, inclusive, of this act, but such a designated entity may not determine whether to participate in the program.

      (b) Shall establish one or more testing locations that provide at least two available testing times each day. If only two testing times are made available, the testing times must be approximately 12 hours apart.

      Sec. 16. 1.  A court may assign an offender who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (b) or (c) of subsection 1 of NRS 484C.400 to the program established pursuant to section 14 of this act for a specified period determined by the court.

      2.  If the court assigns an offender to the program who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484C.400, the court:

      (a) Shall immediately sentence the offender and enter judgment accordingly.

 


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

ê2019 Statutes of Nevada, Page 2750 (CHAPTER 436, AB 316)ê

 

      (b) Shall suspend the sentence of the offender upon the condition that the offender participate in the program for a specified period determined by the court.

      (c) Shall advise the offender that:

             (1) If the offender fails to participate in the program for the period determined by the court or fails to comply with the requirements of the program, the court may require the offender to serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which the offender served before participating in the program.

             (2) If the offender participates in the program for the period determined by the court and complies with the requirements of the program, the offender’s sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 of NRS 484C.330 and a fine of not more than the minimum provided for the offense in NRS 484C.400, but the conviction must remain on the record of criminal history of the offender.

             (3) The offender is eligible for a restricted driver’s license pursuant to subsection 4 of NRS 483.490.

      (d) Shall not defer the sentence, set aside the conviction or impose conditions upon participation in the program except as otherwise provided in this section.

      (e) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.

      3.  If the court assigns an offender to the program who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484C.400, the court:

      (a) Shall immediately, without entering a judgment of conviction and with the consent of the offender, suspend further proceedings and place the offender on probation.

      (b) Shall order the offender to participate in the program.

      (c) Shall advise the offender that:

             (1) The court may enter a judgment of conviction for a violation of paragraph (c) of subsection 1 of NRS 484C.400 if the offender fails to participate in the program for the period determined by the court or fails to comply with the requirements of the program. Any sentence of imprisonment may be reduced by a time equal to that which the offender served before participating in the program.

             (2) If the offender participates in the program for the period determined by the court and complies with the requirements of the program, the court will enter a judgment of conviction for a violation of paragraph (b) of subsection 1 of NRS 484C.400.

             (3) The provisions of NRS 483.460 requiring the revocation of the license, permit or privilege of the offender to drive do not apply and the offender is eligible for a restricted driver’s license pursuant to subsection 4 of NRS 483.490.

      (d) Shall not defer the sentence or set aside the conviction upon participation in the program, except as otherwise provided in this section.

      (e) May enter a judgment of conviction and proceed as provided in paragraph (c) of subsection 1 of NRS 484C.400 for a violation of a condition ordered by the court.

      4.  If a court assigns a person to the program pursuant to this section, the court shall notify the Department of Motor Vehicles that as a participant in the program, the person is eligible for a restricted driver’s license pursuant to subsection 4 of NRS 483.490.

 


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

ê2019 Statutes of Nevada, Page 2751 (CHAPTER 436, AB 316)ê

 

pursuant to subsection 4 of NRS 483.490. If the person fails to comply with the requirements of the program, the court may notify the Department of Motor Vehicles of the person’s noncompliance and direct the Department of Motor Vehicles to revoke the restricted license.

      5.  The Department of Motor Vehicles may adopt any regulations necessary to provide for the issuance of a restricted driver’s license to a person assigned to the program.

      Sec. 17. Any person who is assigned to the program:

      1.  Shall abstain from alcohol and prohibited substances while assigned to the program.

      2.  Shall undergo testing to determine the presence of alcohol in the person’s system:

      (a) Except as otherwise provided in paragraph (b), not less than two times each day at a testing location established by a designated law enforcement agency pursuant to section 15 of this act so that immediate sanctions can be applied;

      (b) If being tested two or more times each day is not practical, by an alternate method consistent with section 14 of this act that allows timely sanctions to be applied; or

      (c) By any other alternate method consistent with section 14 of this act.

      3.  Shall undergo random testing not less than two times each week to determine the presence of a prohibited substance in the person’s system.

      4.  Must be subject to immediate, lawful and consistent sanctions for using alcohol or a prohibited substance while assigned to the program or for failing or refusing to undergo required testing, including, without limitation, immediate incarceration.

      5.  Is eligible for a restricted driver’s license pursuant to subsection 4 of NRS 483.490 if the driver’s license of the person is suspended or revoked.

      Sec. 18. Each political subdivision that elects to participate in the program established pursuant to section 14 of this act shall adopt guidelines consistent with sections 3 to 19, inclusive, of this act. Such guidelines must:

      1.  Provide for the nature and manner of testing and the testing procedures and devices to be used.

      2.  Establish the requirements for compliance with the program, including, without limitation, the immediate sanctions and timely sanctions that may be imposed against a program participant.

      3.  Establish reasonable participant and testing fees for the program, including, without limitation, fees to pay the cost of installation, monitoring and deactivation of any testing device, and provide for the establishment and use of a local program account for the deposit of any fees collected. The established fees must be as low as possible, but the total amount of the fees and other funds credited to the local program account must defray the entire expense of the program to ensure program sustainability.

      4.  Provide that a political subdivision may accept gifts, grants, donations and any other form of financial assistance from any source for the purpose of enabling the political subdivision to participate in the program and carry out the provisions of sections 3 to 19, inclusive, of this act.

      5.  Establish a process for the determination and management of program participants who are indigent.

      6.  Require and provide for the approval of a program data management technology plan to be used to manage testing, data access, fees, fee payments and any required reports.

 


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

ê2019 Statutes of Nevada, Page 2752 (CHAPTER 436, AB 316)ê

 

      7.  Require a program participant to sign an agreement:

      (a) Acknowledging his or her understanding of the program rules and expectations, including without limitation, the prohibition against using alcohol or a prohibited substance while assigned to the program, and the sanctions that may be imposed;

      (b) Agreeing to abide by the program rules and expectations; and

      (c) Authorizing his or her records relating to participation in the program to be used for assessment purposes.

      8.  Require that program participants who meet certain standards of compliance be given positive feedback and rewarded when appropriate. Such a reward may include, without limitation, undergoing less frequent testing.

      Sec. 19. 1.  A designated law enforcement agency shall collect any fees required by any guidelines adopted pursuant to section 18 of this act and deposit such fees into the applicable local program account established by a political subdivision pursuant to such guidelines.

      2.  In accordance with the provisions of sections 3 to 19, inclusive, of this act and the guidelines adopted pursuant to section 18 of this act, all fees deposited into a local program account must be used by the applicable designated law enforcement agency or, in accordance with the terms determined by the designated law enforcement agency, any entity designated by the law enforcement agency pursuant to section 15 of this act.

      3.  Each designated law enforcement agency shall distribute a portion of the fees to any entity designated by the law enforcement agency pursuant to section 15 of this act in accordance with any agreement entered into with such a designated entity. The remainder of the fees is for the use of the law enforcement agency and may be used only for the purpose of administering and operating the program.

      Sec. 20. NRS 484C.400 is hereby amended to read as follows:

      484C.400  1.  Unless a greater penalty is provided pursuant to NRS 484C.430 or 484C.440, and except as otherwise provided in NRS 484C.410, a person who violates the provisions of NRS 484C.110 or 484C.120:

      (a) For the first offense within 7 years, is guilty of a misdemeanor. Unless the person is allowed to undergo treatment as provided in NRS 484C.320, the court shall:

             (1) Except as otherwise provided in subparagraph (4) of this paragraph or subsection 3 of NRS 484C.420, order the person to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the Department and complete the course within the time specified in the order, and the court shall notify the Department if the person fails to complete the course within the specified time;

             (2) Unless the sentence is reduced pursuant to NRS 484C.320, sentence the person to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform not less than 48 hours, but not more than 96 hours, of community service while dressed in distinctive garb that identifies the person as having violated the provisions of NRS 484C.110 or 484C.120;

             (3) Fine the person not less than $400 nor more than $1,000; and

             (4) If the person is found to have a concentration of alcohol of 0.18 or more in his or her blood or breath, order the person to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484C.360.

 


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

ê2019 Statutes of Nevada, Page 2753 (CHAPTER 436, AB 316)ê

 

      (b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484C.330 [,] or the person is assigned to a program pursuant to section 16 of this act, the court shall:

             (1) Sentence the person to:

                   (I) Imprisonment for not less than 10 days nor more than 6 months in jail; or

                   (II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive;

             (2) Fine the person not less than $750 nor more than $1,000, or order the person to perform an equivalent number of hours of community service while dressed in distinctive garb that identifies the person as having violated the provisions of NRS 484C.110 or 484C.120; and

             (3) Order the person to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484C.360.

Ê A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.

      (c) Except as otherwise provided in NRS 484C.340 [,] and unless the person is assigned to a program pursuant to section 16 of this act, for a third offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender who is imprisoned pursuant to the provisions of this paragraph must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section:

      (a) When evidenced by a conviction; or

      (b) If the offense is conditionally dismissed pursuant to NRS 176A.290 or dismissed in connection with successful completion of a diversionary program or specialty court program,

Ê without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

      3.  A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484C.320 or 484C.330 and the suspension of his or her sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.

      4.  Jail sentences simultaneously imposed pursuant to this section and NRS 482.456, 483.560, 484C.410 or 485.330 must run consecutively.

 


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

ê2019 Statutes of Nevada, Page 2754 (CHAPTER 436, AB 316)ê

 

      5.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      6.  For the purpose of determining whether one offense occurs within 7 years of another offense, any period of time between the two offenses during which, for any such offense, the offender is imprisoned, serving a term of residential confinement, placed under the supervision of a treatment provider, on parole or on probation must be excluded.

      7.  As used in this section, unless the context otherwise requires, “offense” means:

      (a) A violation of NRS 484C.110, 484C.120 or 484C.430;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

      Sec. 21. NRS 484C.460 is hereby amended to read as follows:

      484C.460  1.  Except as otherwise provided in subsections 2 and 5 [,] and unless the person is assigned to a program pursuant to section 16 of this act, a court shall order a person convicted of:

      (a) A violation of NRS 484C.110 that is punishable pursuant to paragraph (a) or (b) of subsection 1 of NRS 484C.400, if the person is found to have had a concentration of alcohol of less than 0.18 in his or her blood or breath, to install, at his or her own expense and for a period of not less than 185 days, a device in any motor vehicle which the person operates as a condition to obtaining a restricted license pursuant to NRS 483.490 or as a condition of reinstatement of the driving privilege of the person.

      (b) A violation of:

             (1) NRS 484C.110 that is punishable pursuant to paragraph (a) or (b) of subsection 1 of NRS 484C.400, if the person is found to have had a concentration of alcohol of 0.18 or more in his or her blood or breath;

             (2) NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to NRS 484C.400 or 484C.410; or

             (3) NRS 484C.130 or 484C.430,

Ê to install, at his or her own expense and for a period of not less than 12 months or more than 36 months, a device in any motor vehicle which the person operates as a condition to obtaining a restricted license pursuant to NRS 483.490 or as a condition of reinstatement of the driving privilege of the person.

      2.  A court may, in the interests of justice, provide for an exception to the provisions of subsection 1 for a person who is convicted of a violation of NRS 484C.110 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400, to avoid undue hardship to the person if the court determines that:

      (a) Requiring the person to install a device in a motor vehicle which the person owns or operates would cause the person to experience an economic hardship;

      (b) The person requires the use of the motor vehicle to:

             (1) Travel to and from work or in the course and scope of his or her employment; or

             (2) Obtain medicine, food or other necessities or to obtain health care services for the person or another member of the person’s immediate family;

      (c) The person is unable to provide a deep lung breath sample for a device, as certified in writing by a physician of the person; or

 


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

ê2019 Statutes of Nevada, Page 2755 (CHAPTER 436, AB 316)ê

 

      (d) The person resides more than 100 miles from a manufacturer of a device or its agent.

      3.  If the court orders a person to install a device pursuant to subsection 1:

      (a) The court shall immediately prepare and transmit a copy of its order to the Director. The order must include a statement that a device is required and the specific period for which it is required. The Director shall cause this information to be incorporated into the records of the Department and noted as a restriction on the person’s driver’s license.

      (b) The person who is required to install the device shall provide proof of compliance to the Department before the person may receive a restricted license or before the driving privilege of the person may be reinstated, as applicable. Each model of a device installed pursuant to this section must have been certified by the Committee on Testing for Intoxication.

      4.  A person whose driving privilege is restricted pursuant to this section or NRS 483.490 shall have the device inspected, calibrated, monitored and maintained by the manufacturer of the device or its agent at least one time each 90 days during the period in which the person is required to use the device to determine whether the device is operating properly. Any inspection, calibration, monitoring or maintenance required pursuant to this subsection must be conducted in accordance with regulations adopted pursuant to NRS 484C.480. The manufacturer or its agent shall submit a report to the Director indicating whether the device is operating properly, whether any of the incidents listed in subsection 1 of NRS 484C.470 have occurred and whether the device has been tampered with. If the device has been tampered with, the Director shall notify the court that ordered the installation of the device. Upon receipt of such notification and before the court imposes a penalty pursuant to subsection 3 of NRS 484C.470, the court shall afford any interested party an opportunity for a hearing after reasonable notice.

      5.  If a person is required to operate a motor vehicle in the course and scope of his or her employment and the motor vehicle is owned by the person’s employer, the person may operate that vehicle without the installation of a device, if:

      (a) The employee notifies his or her employer that the employee’s driving privilege has been so restricted; and

      (b) The employee has proof of that notification in his or her possession or the notice, or a facsimile copy thereof, is with the motor vehicle.

Ê This exemption does not apply to a motor vehicle owned by a business which is all or partly owned or controlled by the person otherwise subject to this section.

      6.  The running of the period during which a person is required to have a device installed pursuant to this section commences when the Department issues a restricted license to the person or reinstates the driving privilege of the person and is tolled whenever and for as long as the person is, with regard to a violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430, imprisoned, serving a term of residential confinement, placed under the supervision of a treatment provider, on parole or on probation.

      Secs. 22 and 23. (Deleted by amendment.)

      Sec. 24.  This act becomes effective upon passage and approval.

________

 


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

ê2019 Statutes of Nevada, Page 2756ê

 

CHAPTER 437, AB 140

Assembly Bill No. 140–Committee on Judiciary

 

CHAPTER 437

 

[Approved: June 6, 2019]

 

AN ACT relating to child welfare; prohibiting discrimination against persons who are deaf, legally blind or otherwise physically disabled or who are the holders of a valid registry identification card for the use of medical marijuana in certain proceedings relating to children; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits discrimination on the basis of disability in public accommodation, housing and employment. (NRS 118.100, 613.330, 651.070, 651.075) Sections 1, 2, 4, 5 and 10-12 of this bill prohibit a court from discriminating against a person in a proceeding concerning child custody or visitation, adoption, guardianship or child protection solely because the person seeking custody or visitation, adoption, guardianship or child protection: (1) is deaf, is legally blind or has another physical disability; or (2) is the holder of a valid registry identification card for the use of medical marijuana.

      Section 3 of this bill similarly prohibits an agency which provides child welfare services or a child placing agency from determining that a prospective adoptive home is unsuitable for placement or detrimental to the interest of the child solely because the prospective adoptive parent or parents: (1) are deaf, are legally blind or have another physical disability; or (2) are the holders of a valid registry identification card for the use of medical marijuana.

      Existing law prohibits an agency which provides child welfare services from taking any action to remove a child from custody of the person responsible for the child’s welfare if the agency determines there is no reasonable cause to believe the child is in need of protection. (NRS 432B.370) Existing law also authorizes a court that finds a child to be in need of protection to: (1) allow the child to remain in the custody of the parent or guardian of the child under such conditions as the court may prescribe; or (2) place the child in the custody of another person or certain agencies or institutions authorized to care for children. (NRS 432B.550) Section 10 of this bill provides that a child is not in need of protection solely because a person responsible for the welfare of the child: (1) is deaf, is legally blind or has another physical disability; or (2) is the holder of a valid registry identification card for the use of medical marijuana.

 

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 125C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A court shall not deny custody or visitation rights to a person solely because the person:

      (a) Is deaf, is blind or has another physical disability; or

      (b) Is the holder of a valid registry identification card.

      2.  As used in this section:

      (a) “Blind” has the meaning ascribed to it in NRS 426.082.

      (b) “Holder of a valid registry identification card” means a person who holds a valid registry identification card as defined in NRS 453A.140 that identifies the person as:

 


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

ê2019 Statutes of Nevada, Page 2757 (CHAPTER 437, AB 140)ê

 

             (1) Exempt from state prosecution for engaging in the medical use of marijuana; or

             (2) A designated primary caregiver as defined in NRS 453A.080.

      Sec. 2. NRS 127.150 is hereby amended to read as follows:

      127.150  1.  If the court finds that the best interests of the child warrant the granting of the petition, an order or decree of adoption must be made and filed, ordering that henceforth the child is the child of the petitioners. When determining whether the best interests of the child warrant the granting of a petition that is filed by a foster parent, the court shall give strong consideration to the emotional bond between the child and the foster parent. A copy of the order or decree must be sent to the nearest office of the agency which provides child welfare services by the petitioners within 7 days after the order or decree is issued. In the decree the court may change the name of the child, if desired.

      2.  Except as otherwise provided in this subsection, an order or decree of adoption may not be made until after the child has lived for 6 months in the home of the petitioners. This subsection does not apply if one of the petitioners is the stepparent of the child or is related to the child within the third degree of consanguinity.

      3.  If the court is not satisfied that the proposed adoption is in the best interests of the child, the court shall deny the petition and may order the child returned to the custody of the person or agency legally vested with custody. The court shall not deny a petition solely because the petitioner:

      (a) Is deaf, is blind or has another physical disability; or

      (b) Is the holder of a valid registry identification card.

      4.  After a petition for adoption has been granted, there is a presumption that remaining in the home of the adopting parent is in the child’s best interest.

      5.  As used in this section:

      (a) “Blind” has the meaning ascribed to it in NRS 426.082.

      (b) “Holder of a valid registry identification card” means a person who holds a valid registry identification card as defined in NRS 453A.140 that identifies the person as:

             (1) Exempt from state prosecution for engaging in the medical use of marijuana; or

             (2) A designated primary caregiver as defined in NRS 453A.080.

      Sec. 3. NRS 127.2817 is hereby amended to read as follows:

      127.2817  1.  The Division, in consultation with each agency which provides child welfare services, shall adopt regulations setting forth the criteria to be used by an agency which provides child welfare services or a child-placing agency for determining whether a prospective adoptive home is suitable or unsuitable for the placement of a child for adoption.

      2.  Upon the completion of an investigation conducted by an agency which provides child welfare services or a child-placing agency pursuant to NRS 127.120 or 127.2805, the agency which provides child welfare services or child-placing agency shall inform the prospective adoptive parent or parents of the results of the investigation. If, pursuant to the investigation, a determination is made that a prospective adoptive home is unsuitable for placement or detrimental to the interest of the child, the agency which provides child welfare services or child-placing agency shall provide the prospective adoptive parent or parents with an opportunity to review and respond to the investigation with the agency which provides child welfare services or child-placing agency before the issuance of the results of the investigation. Except as otherwise provided in NRS 239.0115, the identity of those persons who are interviewed or submit information concerning the investigation must remain confidential.

 


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

ê2019 Statutes of Nevada, Page 2758 (CHAPTER 437, AB 140)ê

 

provided in NRS 239.0115, the identity of those persons who are interviewed or submit information concerning the investigation must remain confidential.

      3.  An agency which provides child welfare services or a child placing agency shall not determine that a prospective adoptive home is unsuitable for placement or detrimental to the interest of the child solely because the prospective adoptive parent or parents:

      (a) Are deaf, are blind or have another physical disability; or

      (b) Are the holders of a valid registry identification card.

      4.  As used in this section:

      (a) “Blind” has the meaning ascribed to it in NRS 426.082.

      (b) “Holder of a valid registry identification card” means a person who holds a valid registry identification card as defined in NRS 453A.140 that identifies the person as:

             (1) Exempt from state prosecution for engaging in the medical use of marijuana; or

             (2) A designated primary caregiver as defined in NRS 453A.080.

      Sec. 4. NRS 159A.054 is hereby amended to read as follows:

      159A.054  1.  If the court finds that the proposed protected minor is not in need of a guardian, the court shall dismiss the petition.

      2.  If the court finds that appointment of a guardian is required, the court shall appoint a guardian of the proposed protected minor’s person, estate, or person and estate.

      3.  The court shall not find that a proposed protected minor is in need of a guardian solely because the person currently responsible for the proposed protected minor:

      (a) Is deaf, is blind or has another physical disability; or

      (b) Is the holder of a valid registry identification card.

      4.  As used in this section:

      (a) “Blind” has the meaning ascribed to it in NRS 426.082.

      (b) “Holder of a valid registry identification card” means a person who holds a valid registry identification card as defined in NRS 453A.140 that identifies the person as:

             (1) Exempt from state prosecution for engaging in the medical use of marijuana; or

             (2) A designated primary caregiver as defined in NRS 453A.080.

      Sec. 5. NRS 159A.061 is hereby amended to read as follows:

      159A.061  1.  The parents of a proposed protected minor, or either parent, if qualified and suitable, are preferred over all others for appointment as guardian for the person or estate or person and estate of the proposed protected minor. The appointment of a parent as guardian for the person or estate of a proposed protected minor must not conflict with a valid order for custody of the proposed protected minor.

      2.  Except as otherwise provided in subsection 4, if a parent of a proposed protected minor files a petition seeking appointment as guardian for the proposed protected minor, the parent is presumed to be suitable to serve as guardian for the proposed protected minor.

      3.  In determining whether the parents of a proposed protected minor, or either parent, or any other person who seeks appointment as guardian for the proposed protected minor is qualified and suitable, the court shall consider, if applicable and without limitation:

      (a) Which parent has physical custody of the proposed protected minor;

 


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

ê2019 Statutes of Nevada, Page 2759 (CHAPTER 437, AB 140)ê

 

      (b) The ability of the parents, parent or other person to provide for the basic needs of the proposed protected minor, including, without limitation, food, shelter, clothing and medical care, taking into consideration any special needs of the proposed protected minor;

      (c) Whether the parents, parent or other person has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except the use of marijuana in accordance with the provisions of chapter 453A of NRS;

      (d) Whether the parents, parent or other person has been convicted of a crime of moral turpitude, a crime involving domestic violence or a crime involving the abuse, neglect, exploitation, isolation or abandonment of a child, his or her spouse, his or her parent or any other adult;

      (e) Whether the parents, parent or other person has been convicted in this State or any other jurisdiction of a felony; and

      (f) Whether the parents, parent or other person has engaged in one or more acts of domestic violence against the proposed protected minor, a parent of the proposed protected minor or any other person who resides with the proposed protected minor.

      4.  A parent of a proposed protected minor is presumed to be unsuitable to care for the proposed protected minor if:

      (a) The parent is unable to provide for any or all of the basic needs of the proposed protected minor, including, without limitation:

             (1) Food;

             (2) Shelter;

             (3) Clothing;

             (4) Medical care; and

             (5) Education;

      (b) Because of action or inaction, the parent poses a significant safety risk of either physical or emotional danger to the proposed protected minor; or

      (c) The proposed protected minor has not been in the care, custody and control of the parent for the 6 months immediately preceding the filing of the petition. The presumption created by this paragraph is a rebuttable presumption.

      5.  Subject to the preference set forth in subsection 1 and except as otherwise provided in subsection 7, the court shall appoint as guardian the qualified person who is most suitable and is willing to serve.

      6.  In determining which qualified person is most suitable, the court shall, in addition to considering any applicable factors set forth in subsections 2, 3 and 4, give consideration, among other factors, to:

      (a) Any nomination of a guardian for the proposed protected minor contained in a will or other written instrument executed by a parent of the proposed protected minor.

      (b) Any request made by the proposed protected minor, if he or she is 14 years of age or older, for the appointment of a person as guardian for the proposed protected minor.

      (c) The relationship by blood or adoption of the proposed guardian to the proposed protected minor. In considering preferences of appointment, the court may consider relatives of the half blood equally with those of the whole blood. The court may consider relatives in the following order of preference:

             (1) Parent.

             (2) Adult sibling.

             (3) Grandparent.

 


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

ê2019 Statutes of Nevada, Page 2760 (CHAPTER 437, AB 140)ê

 

             (4) Uncle or aunt.

      (d) Any recommendation made by a master of the court or special master pursuant to NRS 159A.0615.

      (e) Any recommendation made by:

             (1) An agency which provides child welfare services, an agency which provides child protective services or a similar agency; or

             (2) A guardian ad litem or court appointed special advocate who represents the proposed protected minor.

      (f) Any request for the appointment of any other interested person that the court deems appropriate.

      7.  The court may award temporary guardianship pursuant to this section, supported by findings of suitability, pending a trial or evidentiary hearing if that appointment is supported by findings.

      8.  Notwithstanding the presumption set forth in subsection 4, in the event of competing petitions for the appointment of guardianship of a proposed protected minor, any finding of unsuitability of a parent of the proposed protected minor must be found by clear and convincing evidence after a hearing on the merits or an evidentiary hearing.

      9.  In determining whether to appoint a guardian of the person or estate of a proposed protected minor and who should be appointed, the court must always act in the best interests of the proposed protected minor.

      10.  A court shall not refuse to appoint a person as a guardian of the person or estate of a proposed protected minor solely because the person:

      (a) Is deaf, is blind or has another physical disability; or

      (b) Is the holder of a valid registry identification card.

      11.  As used in this section [, “agency] :

      (a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      (b) “Blind” has the meaning ascribed to it in NRS 426.082.

      (c) “Holder of a valid registry identification card” means a person who holds a valid registry identification card as defined in NRS 453A.140 that identifies the person as:

             (1) Exempt from state prosecution for engaging in the medical use of marijuana; or

             (2) A designated primary caregiver as defined in NRS 453A.080.

      Secs. 6-9. (Deleted by amendment.)

      Sec. 10. NRS 432B.330 is hereby amended to read as follows:

      432B.330  1.  A child is in need of protection if:

      (a) The child has been abandoned by a person responsible for the welfare of the child;

      (b) The child has been subjected to abuse or neglect by a person responsible for the welfare of the child;

      (c) The child is in the care of a person responsible for the welfare of the child and another child has:

             (1) Died as a result of abuse or neglect by that person; or

             (2) Been subjected to abuse by that person, unless the person has successfully completed a plan for services that was recommended by an agency which provides child welfare services pursuant to NRS 432B.340 to address the abuse of the other child;

      (d) The child has been placed for care or adoption in violation of law; or

      (e) The child has been delivered to a provider of emergency services pursuant to NRS 432B.630.

 


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

ê2019 Statutes of Nevada, Page 2761 (CHAPTER 437, AB 140)ê

 

      2.  A child may be in need of protection if the person responsible for the welfare of the child:

      (a) Is unable to discharge his or her responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental incapacity;

      (b) Fails, although the person is financially able to do so or has been offered financial or other means to do so, to provide for the following needs of the child:

             (1) Food, clothing or shelter necessary for the child’s health or safety;

             (2) Education as required by law; or

             (3) Adequate medical care;

      (c) Has been responsible for the neglect of a child who has resided with that person; or

      (d) Has been responsible for the abuse of another child regardless of whether that person has successfully completed a plan for services that was recommended by an agency which provides child welfare services pursuant to NRS 432B.340 to address the abuse of the other child.

      3.  A child may be in need of protection if the death of a parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018.

      4.  A child may be in need of protection if the child is identified as being affected by a fetal alcohol spectrum disorder or prenatal substance abuse or as having withdrawal symptoms resulting from prenatal drug exposure.

      5.  A child is not in need of protection solely because the person responsible for the welfare of the child:

      (a) Is deaf, is blind, as defined in NRS 426.082, or has another physical disability; or

      (b) Is the holder of a valid registry identification card. As used in this paragraph, “holder of a valid registry identification card” means a person who holds a valid registry identification card as defined in NRS 453A.140 that identifies the person as:

             (1) Exempt from state prosecution for engaging in the medical use of marijuana; or

             (2) A designated primary caregiver as defined in NRS 453A.080.

      6.  As used in this section:

      (a) “Abuse” means:

             (1) Physical or mental injury of a nonaccidental nature; or

             (2) Sexual abuse or sexual exploitation,

Ê of a child caused or allowed by a person responsible for the welfare of the child under circumstances which indicate that the child’s health or welfare is harmed or threatened with harm. The term does not include the actions described in subsection 2 of NRS 432B.020.

      (b) “Allow” means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that a child is abused or neglected.

      (c) “Neglect” means abandonment or failure to:

             (1) Provide for the needs of a child set forth in paragraph (b) of subsection 2; or

             (2) Provide proper care, control and supervision of a child as necessary for the well-being of the child because of the faults or habits of the person responsible for the welfare of the child or the neglect or refusal of the person to provide them when able to do so.

 


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

ê2019 Statutes of Nevada, Page 2762 (CHAPTER 437, AB 140)ê

 

Ê The term does not include the actions described in subsection 2 of NRS 432B.020.

      Sec. 11. NRS 432B.480 is hereby amended to read as follows:

      432B.480  1.  At each hearing conducted pursuant to NRS 432B.470:

      (a) At the commencement of the hearing, the court shall advise the parties of their right to be represented by an attorney and of their right to present evidence.

      (b) The court shall determine whether there is reasonable cause to believe that it would be:

             (1) Contrary to the welfare of the child for the child to reside at his or her home; or

             (2) In the best interests of the child to place the child outside of his or her home.

Ê The court shall prepare an explicit statement of the facts upon which each of its determinations is based. The court shall not make an affirmative finding regarding either subparagraph (1) or (2) solely because the person responsible for the welfare of the child is deaf, is blind, as defined in NRS 426.082, or has another physical disability or is the holder of a valid registry identification card. If the court makes an affirmative finding regarding either subparagraph (1) or (2), the court shall issue an order keeping the child in protective custody pending a disposition by the court.

      (c) The court shall determine whether the child has been placed in a home or facility that complies with the requirements of NRS 432B.3905. If the placement does not comply with the requirements of NRS 432B.3905, the court shall establish a plan with the agency which provides child welfare services for the prompt transfer of the child into a home or facility that complies with the requirements of NRS 432B.3905.

      2.  If the court issues an order keeping the child in protective custody pending a disposition by the court and it is in the best interests of the child, the court may:

      (a) Place the child in the temporary custody of a grandparent, great-grandparent or other person related within the fifth degree of consanguinity to the child who the court finds has established a meaningful relationship with the child, with or without supervision upon such conditions as the court prescribes, regardless of whether the relative resides within this State; or

      (b) Grant the grandparent, great-grandparent or other person related within the fifth degree of consanguinity to the child a reasonable right to visit the child while the child is in protective custody.

      3.  If the court finds that the best interests of the child do not require that the child remain in protective custody, the court shall order the immediate release of the child.

      4.  If a child is placed with any person who resides outside this State, the placement must be in accordance with NRS 127.330.

      5.  As used in this section, “holder of a valid registry identification card” means a person who holds a valid registry identification card as defined in NRS 453A.140 that identifies the person as:

      (a) Exempt from state prosecution for engaging in the medical use of marijuana; or

      (b) A designated primary caregiver as defined in NRS 453A.080.

 


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

ê2019 Statutes of Nevada, Page 2763 (CHAPTER 437, AB 140)ê

 

      Sec. 12. NRS 432B.550 is hereby amended to read as follows:

      432B.550  1.  If the court finds that a child is in need of protection, it may, by its order, after receipt and review of the report from the agency which provides child welfare services:

      (a) Permit the child to remain in the temporary or permanent custody of the parents of the child or a guardian with or without supervision by the court or a person or agency designated by the court, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe;

      (b) Place the child in the temporary or permanent custody of a relative, a fictive kin or other person the court finds suitable to receive and care for the child with or without supervision, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe; or

      (c) Place the child in the temporary custody of a public agency or institution authorized to care for children, the local juvenile probation department, the local department of juvenile services or a private agency or institution licensed by the Department of Health and Human Services or a county whose population is 100,000 or more to care for such a child.

Ê In carrying out this subsection, the court may, in its sole discretion and in compliance with the requirements of chapter 159A of NRS, consider an application for the guardianship of the child. If the court grants such an application, it may retain jurisdiction of the case or transfer the case to another court of competent jurisdiction.

      2.  The court shall not deny placement of a child in the temporary or permanent custody of a person pursuant to subsection 1 solely because the person:

      (a) Is deaf, is blind or has another physical disability; or

      (b) Is the holder of a valid registry identification card.

      3.  If, pursuant to subsection 1, a child is placed other than with a parent:

      (a) The parent retains the right to consent to adoption, to determine the child’s religious affiliation and to reasonable visitation, unless restricted by the court. If the custodian of the child interferes with these rights, the parent may petition the court for enforcement of the rights of the parent.

      (b) The court shall set forth good cause why the child was placed other than with a parent.

      [3.]4.  If, pursuant to subsection 1, the child is to be placed with a relative or fictive kin, the court may consider, among other factors, whether the child has resided with a particular relative or fictive kin for 3 years or more before the incident which brought the child to the court’s attention.

      [4.]5.Except as otherwise provided in this subsection, a copy of the report prepared for the court by the agency which provides child welfare services must be sent to the custodian and the parent or legal guardian. If the child was delivered to a provider of emergency services pursuant to NRS 432B.630:

      (a) The parent who delivered the child to the provider shall be deemed to have waived his or her right to a copy of the report; and

      (b) A copy of the report must be sent to the parent who did not deliver the child to the provider, if the location of such parent is known.

      [5.]6.  In determining the placement of a child pursuant to this section, if the child is not permitted to remain in the custody of the parents of the child or guardian:

 


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

ê2019 Statutes of Nevada, Page 2764 (CHAPTER 437, AB 140)ê

 

      (a) It must be presumed to be in the best interests of the child to be placed together with the siblings of the child.

      (b) Preference must be given to placing the child in the following order:

             (1) With any person related within the fifth degree of consanguinity to the child or a fictive kin, and who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative or fictive kin resides within this State.

             (2) In a foster home that is licensed pursuant to chapter 424 of NRS.

      [6.]7.  Any search for a relative with whom to place a child pursuant to this section must be completed within 1 year after the initial placement of the child outside of the home of the child. If a child is placed with any person who resides outside of this State, the placement must be in accordance with NRS 127.330.

      [7.]8.Within 60 days after the removal of a child from the home of the child, the court shall:

      (a) Determine whether:

             (1) The agency which provides child welfare services has made the reasonable efforts required by paragraph (a) of subsection 1 of NRS 432B.393; or

             (2) No such efforts are required in the particular case; and

      (b) Prepare an explicit statement of the facts upon which its determination is based.

      [8.]9.  As used in this section [, “fictive] :

      (a) “Blind” has the meaning ascribed to it in NRS 426.082.

      (b) “Fictive kin” means a person who is not related by blood to a child but who has a significant emotional and positive relationship with the child.

      (c) “Holder of a valid registry identification card” means a person who holds a valid registry identification card as defined in NRS 453A.140 that identifies the person as:

             (1) Exempt from state prosecution for engaging in the medical use of marijuana; or

             (2) A designated primary caregiver as defined in NRS 453A.080.

      Sec. 13.  This act becomes effective on July 1, 2019.

________

 


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

ê2019 Statutes of Nevada, Page 2765ê

 

CHAPTER 438, SB 387

Senate Bill No. 387–Senators Kieckhefer and Ratti

 

CHAPTER 438

 

[Approved: June 6, 2019]

 

AN ACT relating to anatomical gifts; providing for the certification of nontransplant anatomical donation organizations; requiring the collection of certain information relating to the procurement of human bodies and parts; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law generally provides for the making of anatomical gifts and for the procurement of human organs, tissues and eyes by certain organizations. (NRS 451.500-451.598) Section 1 of this bill requires each nontransplant anatomical donation organization in this State to be certified by the Division of Public and Behavioral Health of the Department of Health and Human Services, follow certain standards and guidelines established by the State Board of Health and report information relating to the human bodies and parts procured by the organization to the Division. Section 1 requires the standards and guidelines established by the State Board of Health to be substantially based upon federal and state laws and the best standards and practices in the industry and requires the State Board of Health to seek the input of procurement organizations and nontransplant anatomical donation organizations in this State before establishing or revising such standards and guidelines. Section 1 also requires the Division to make certain information regarding the human bodies and parts collected by nontransplant anatomical donation organizations available to the Governor and the Legislature upon request and to monitor all nontransplant anatomical donation organizations for compliance with federal and state laws and regulations. Sections 2-6 of this bill make conforming changes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 451 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each nontransplant anatomical donation organization that procures a human body or part in this State shall:

      (a) Be certified by the Division;

      (b) Follow the standards and guidelines established by the State Board of Health pursuant to subsection 2; and

      (c) Report to the Division, in a manner and frequency prescribed by the State Board of Health, the number and disposition of human bodies or parts procured by the nontransplant anatomical donation organization.

      2.  The State Board of Health shall:

      (a) Adopt regulations that establish standards and guidelines for nontransplant anatomical donation organizations which must be substantially based upon federal laws and regulations relating to the procurement of human bodies and parts, this section and NRS 451.500 to 451.598, inclusive, and the best standards and practices in the industry; and

      (b) Adopt any regulations necessary to carry out the provisions of this section, including, without limitation, regulations that establish a fee for an application for the issuance or renewal of a certification as a nontransplant anatomical donation organization.

 


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

ê2019 Statutes of Nevada, Page 2766 (CHAPTER 438, SB 387)ê

 

for an application for the issuance or renewal of a certification as a nontransplant anatomical donation organization.

      3.  Before adopting or amending any regulation pursuant to subsection 2, the State Board of Health shall seek input from each procurement organization and nontransplant anatomical donation organization in this State.

      4.  The Division shall:

      (a) Collect and analyze information from each nontransplant anatomical donation organization in this State on the number and disposition of human bodies and parts procured by the nontransplant anatomical donation organization and make such information available to the Governor and the Legislature upon request; and

      (b) Monitor all nontransplant anatomical donation organizations in this State for compliance with federal and state laws and regulations.

      5.  A person who engages in the activity of a nontransplant anatomical donation organization without being certified by the Division pursuant to this section or who violates the standards and guidelines adopted by the State Board of Health pursuant to subsection 2 is guilty of a category C felony and shall be punished as provided in NRS 193.130, or by a fine of not more than $50,000, or by both fine and the punishment provided in NRS 193.130.

      6.  As used in this section:

      (a) “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

      (b) “Nontransplant anatomical donation organization” means a person who engages in the recovery, screening, testing, processing, storage or distribution of human bodies or parts for a purpose other than transplantation, including, without limitation, education, research or the advancement of medical, dental or mortuary science.

      Sec. 2. NRS 451.503 is hereby amended to read as follows:

      451.503  NRS 451.500 to 451.598, inclusive, and section 1 of this act apply to an anatomical gift or amendment to, revocation of or refusal to make an anatomical gift, whenever made.

      Sec. 3. NRS 451.510 is hereby amended to read as follows:

      451.510  As used in NRS 451.500 to 451.598, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 451.511 to 451.5545, inclusive, have the meanings ascribed to them in those sections.

      Sec. 4. NRS 451.592 is hereby amended to read as follows:

      451.592  1.  A person that acts in accordance with NRS 451.500 to 451.598, inclusive, and section 1 of this act or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution or administrative proceeding.

      2.  Neither the person making an anatomical gift nor the donor’s estate is liable for any injury or damage that results from the making or use of the gift.

      3.  In determining whether an anatomical gift has been made, amended or revoked under NRS 451.500 to 451.598, inclusive, and section 1 of this act, a person may rely upon representations of a natural person listed in paragraph (b), (c), (d), (e), (f), (g) or (h) of subsection 1 of NRS 451.566 relating to the natural person’s relationship to the donor or prospective donor unless the person knows that the representation is untrue.

      Sec. 5. NRS 451.593 is hereby amended to read as follows:

      451.593  1.  A document of gift is valid if executed in accordance with:

 


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

ê2019 Statutes of Nevada, Page 2767 (CHAPTER 438, SB 387)ê

 

      (a) The provisions of NRS 451.500 to 451.598, inclusive [;] , and section 1 of this act;

      (b) The laws of the state or country where it was executed; or

      (c) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence or was a national at the time the document of gift was executed.

      2.  If a document of gift is valid under this section, the law of this State governs the interpretation of the document of gift.

      3.  A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.

      Sec. 6. NRS 451.594 is hereby amended to read as follows:

      451.594  1.  A person shall not create or maintain a donor registry unless the donor registry complies with the provisions of NRS 451.500 to 451.598, inclusive, and section 1 of this act and all other applicable provisions of federal and state law.

      2.  A donor registry must:

      (a) Allow a donor or other person authorized under NRS 451.556 to include on the donor registry a statement or symbol that the donor has made, amended or revoked an anatomical gift;

      (b) Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift; and

      (c) Be accessible for purposes of paragraphs (a) and (b) 7 days a week on a 24-hour basis.

      3.  Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift.

      4.  This section does not apply to a donor registry that is created to contain records of anatomical gifts and amendments to or revocations of anatomical gifts of only the whole body of a donor for the purpose of research or education.

      Sec. 7.  This act becomes effective on July 1, 2019.

________

 


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

ê2019 Statutes of Nevada, Page 2768ê

 

CHAPTER 439, SB 345

Senate Bill No. 345–Senator Settelmeyer

 

Joint Sponsors: Assemblymen Titus, Wheeler, Tolles; and Ellison

 

CHAPTER 439

 

[Approved: June 6, 2019]

 

AN ACT relating to estate distilleries; authorizing brew pubs and certain wineries to transfer certain malt beverages and wine in bulk to an estate distillery; authorizing a wholesale dealer of liquor to make such a transfer; authorizing an estate distillery to receive malt beverages and wine in bulk for the purpose of distillation and blending; revising when certain spirits that are received or transferred in bulk are subject to taxation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the operation of brew pubs, estate distilleries and wineries. (NRS 597.230, 597.237 and 597.240) Existing law requires an estate distillery to ensure that none of the spirits manufactured at the estate distillery are derived from neutral or distilled spirits manufactured by another manufacturer. (NRS 597.237)

      Section 2 of this bill authorizes an estate distillery to blend and distill wines and malt beverages, provided such wines and malt beverages are acquired from a licensed brew pub or winery in this State meeting certain requirements.

      Sections 1.3-2.9 of this bill authorize an estate distillery to receive from a licensed wholesale dealer of liquor, brew pub or winery in this State meeting certain requirements, in bulk, wine or malt beverages for the purpose of distillation and blending. Sections 1.5, 2.5 and 2.7-2.9 authorize such transfers to be made: (1) by a licensed wholesale dealer of liquor; or (2) directly by a licensed brew pub or winery to an estate distillery only if no licensed wholesale dealer of liquor is able or willing to make the transfer and a special permit for the transportation of the wine or malt beverages is obtained under existing law from the Department of Taxation. Sections 1.5, 2, 2.3, 2.5 and 2.7 provide that wine and malt beverages so received by an estate distillery are taxable only when the wine or malt beverages are distilled or blended, or both, bottled in original packages for sale within this State and removed from the federally bonded premises of the estate distillery.

      Existing law authorizes an estate distillery to transfer in bulk neutral or distilled spirits to a supplier. Existing law provides that any such transfer is taxable only when the neutral or distilled spirits are rectified and bottled in original packages for sale within this State. (NRS 597.237) Section 2 provides that neutral or distilled spirits which are so received are taxable only when they are bottled in original packages for sale within this State and are removed from the federally bonded premises of the supplier.

 

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 597.150 is hereby amended to read as follows:

      597.150  “Wholesaler” means any person, partnership, corporation or other form of business enterprise licensed by the Nevada Tax Commission to sell malt beverages, distilled spirits and wines, or all of them, as it is originally packaged to retail liquor stores or to another licensed wholesaler, or to transfer malt beverages and wine to an estate distillery pursuant to NRS 597.230 and 597.240, respectively, but not to sell to the consumer or general public.

 


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

ê2019 Statutes of Nevada, Page 2769 (CHAPTER 439, SB 345)ê

 

malt beverages and wine to an estate distillery pursuant to NRS 597.230 and 597.240, respectively, but not to sell to the consumer or general public.

      Sec. 1.5. NRS 597.230 is hereby amended to read as follows:

      597.230  1.  In any county, a person may operate a brew pub:

      (a) In any redevelopment area established in that county pursuant to chapter 279 of NRS;

      (b) In any historic district established in that county pursuant to NRS 384.005;

      (c) In any retail liquor store as that term is defined in NRS 369.090; or

      (d) In any other area in the county designated by the board of county commissioners for the operation of brew pubs. In a city which is located in that county, a person may operate a brew pub in any area in the city designated by the governing body of that city for the operation of brew pubs.

Ê A person who operates one or more brew pubs may not manufacture more than 40,000 barrels of malt beverages for all the brew pubs he or she operates in this State in any calendar year.

      2.  The premises of any brew pub operated pursuant to this section must be conspicuously identified as a “brew pub.”

      3.  Except as otherwise provided in subsection 4, a person who operates one or more brew pubs pursuant to this section may, upon obtaining a license pursuant to chapter 369 of NRS and complying with any other applicable governmental requirements:

      (a) Manufacture and store malt beverages on the premises of one or more of the brew pubs and:

             (1) Sell and transport the malt beverages manufactured on the premises to a person holding a valid wholesale wine and liquor dealer’s license or wholesale beer dealer’s license issued pursuant to chapter 369 of NRS.

             (2) Donate for charitable or nonprofit purposes and, for the purposes of the donation, transport the malt beverages manufactured on the premises in accordance with the terms and conditions of a special permit for the transportation of the malt beverages obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.

             (3) Transfer in bulk the malt beverages manufactured on the premises:

                   (I) To a person holding a valid wholesale wine and liquor dealer’s license or wholesale beer dealer’s license issued pursuant to chapter 369 of NRS for the purpose of transferring in bulk the malt beverages to an estate distillery for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237; or

                   (II) If there is no wholesaler who is able or willing to accept and transfer in bulk the malt beverages pursuant to sub-subparagraph (I), to a person holding a valid license to operate an estate distillery issued pursuant to chapter 369 of NRS for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237 and must be performed in accordance with the terms and conditions of a special permit for the transportation of the malt beverages obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.

      (b) Manufacture and store malt beverages on the premises of one or more of the brew pubs and transport the malt beverages manufactured on the premises to a retailer, other than a person who operates a brew pub pursuant to this section, that holds a valid license pursuant to chapter 369 of NRS for the purpose of selling the malt beverages at a special event in accordance with the terms and conditions of a special permit for the transportation of the malt beverages obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.

 


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

ê2019 Statutes of Nevada, Page 2770 (CHAPTER 439, SB 345)ê

 

the terms and conditions of a special permit for the transportation of the malt beverages obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450. For the purposes of this paragraph, the person who operates one or more brew pubs shall not obtain more than 20 such special permits for the transportation of the malt beverages from the Department of Taxation pursuant to subsection 4 of NRS 369.450 within a calendar year.

      (c) Sell at retail, not for resale, malt beverages manufactured on or off the premises of one or more of the brew pubs for consumption on the premises.

      (d) Sell at retail, not for resale, in packages sealed on the premises of one or more of the brew pubs, malt beverages, including malt beverages in unpasteurized form, manufactured on the premises for consumption off the premises.

      4.  The amount of malt beverages sold pursuant to paragraphs (b), (c) and (d) of subsection 3 must not exceed a total of 5,000 barrels in any calendar year. Of the 5,000 barrels, not more than 1,000 barrels may be sold in kegs.

      Sec. 2. NRS 597.237 is hereby amended to read as follows:

      597.237  1.  A person may operate an estate distillery if the person:

      (a) Obtains a license for the facility pursuant to chapter 369 of NRS;

      (b) Complies with the requirements of this chapter; and

      (c) Complies with any other applicable governmental requirements.

      2.  A person who operates an estate distillery pursuant to this section may:

      (a) In addition to manufacturing spirits from agricultural raw materials through distillation, blend, age, store and bottle the spirits so manufactured. The person operating the estate distillery shall ensure that none of the spirits manufactured at the estate distillery are derived from neutral or distilled spirits manufactured by another [manufacturer.] manufacturer, except as authorized by paragraph (b).

      (b) Blend and distill wines or malt beverages, provided any such wine or malt beverage was manufactured by:

             (1) A brew pub licensed pursuant to NRS 597.230;

             (2) A winery that has been issued a wine-maker’s license pursuant to NRS 369.200 on or before September 30, 2015; or

             (3) A winery that has been issued a wine-maker’s license pursuant to NRS 369.200 on or after October 1, 2015, if 25 percent or more of the wine produced, blended or aged by the winery is produced, blended or aged from fruit grown in this State.

      (c) Except as otherwise provided in paragraphs [(f) and (g),] (g) and (h), in any calendar year, sell and transport in Nevada not more than a combined total of 75,000 cases of spirits at the estate distillery to a person who holds a license to engage in business as a wholesale dealer of liquor pursuant to chapter 369 of NRS.

      [(c)](d) In any calendar year, manufacture for exportation to another state, not more than a combined total of 400,000 cases of spirits at all the estate distilleries the person operates.

      [(d)](e) On the premises of the estate distillery, serve samples of the spirits manufactured at the estate distillery. Any such samples must not exceed, per person, per day, 4 fluid ounces in volume.

      [(e)](f) On the premises of the estate distillery, sell the spirits manufactured at the estate distillery at retail for consumption on or off the premises. Any such spirits sold at retail for off-premises consumption must not exceed, per person, per month, 1 case of spirits and not exceed, per person, per year, 6 cases of spirits. The total amount of such spirits sold at retail for off-premises consumption must not exceed 7,500 cases per year.

 


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

ê2019 Statutes of Nevada, Page 2771 (CHAPTER 439, SB 345)ê

 

off-premises consumption must not exceed 7,500 cases per year. Spirits purchased on the premises of an estate distillery must not be resold by the purchaser or any retail liquor store. A person who operates an estate distillery shall prominently display on the premises a notice that the resale of spirits purchased on the premises is prohibited.

      [(f)](g) Donate for charitable or nonprofit purposes and transport neutral or distilled spirits manufactured at the estate distillery in accordance with the terms and conditions of a special permit for the transportation of the neutral or distilled spirits obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.

      [(g)](h) Transfer in bulk neutral or distilled spirits manufactured at the estate distillery to a supplier. Any such transfer:

             (1) Is taxable only when the neutral or distilled spirits are rectified and bottled in original packages for sale within this State [;] and removed from the federally bonded premises of the supplier; and

             (2) Is not a sale for the purposes of paragraph [(b)] (c) or manufacturing for exportation for the purposes of paragraph [(c).] (d).

      (i) Subject to the provisions of subsection 3, receive wine or malt beverages in bulk from a person described in subparagraph (1), (2) or (3) of paragraph (b), or from a wholesale dealer of alcoholic beverages who is licensed under chapter 369 of NRS and who is transferring such wine or malt beverages pursuant to NRS 597.230 or 597.240, for the purpose of distillation and blending. Wine and malt beverages so received are taxable only when the wine and malt beverages are:

             (1) Distilled, blended or both, and bottled in original packages for sale within this State; and

             (2) Removed from the federally bonded premises of the estate distillery.

      3.  A person who operates an estate distillery shall not receive a shipment of wine or malt beverages:

      (a) Unless the person first notifies the Department of Taxation that the distillery will receive such a shipment; and

      (b) Except as authorized by paragraph (i) of subsection 2.

      4.  Spirits manufactured by an estate distillery pursuant to this section may be sold in this State only after bottling in original packages.

      Sec. 2.3. NRS 597.237 is hereby amended to read as follows:

      597.237  1.  A person may operate an estate distillery if the person:

      (a) Obtains a license for the facility pursuant to chapter 369 of NRS;

      (b) Complies with the requirements of this chapter; and

      (c) Complies with any other applicable governmental requirements.

      2.  A person who operates an estate distillery pursuant to this section may:

      (a) In addition to manufacturing spirits from agricultural raw materials through distillation, blend, age, store and bottle the spirits so manufactured. The person operating the estate distillery shall ensure that none of the spirits manufactured at the estate distillery are derived from neutral or distilled spirits manufactured by another [manufacturer.] manufacturer, except as authorized by paragraph (b).

      (b) Blend and distill wines or malt beverages, provided any such wine or malt beverage was manufactured by:

             (1) A brew pub licensed pursuant to NRS 597.230;

 


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

ê2019 Statutes of Nevada, Page 2772 (CHAPTER 439, SB 345)ê

 

             (2) A winery that has been issued a wine-maker’s license pursuant to NRS 369.200 if 25 percent or more of the wine produced, blended or aged by the winery is produced, blended or aged from fruit grown in this State.

      (c) Except as otherwise provided in paragraphs [(f) and (g),] (g) and (h), in any calendar year, sell and transport in Nevada not more than a combined total of 75,000 cases of spirits at the estate distillery to a person who holds a license to engage in business as a wholesale dealer of liquor pursuant to chapter 369 of NRS.

      [(c)](d) In any calendar year, manufacture for exportation to another state, not more than a combined total of 400,000 cases of spirits at all the estate distilleries the person operates.

      [(d)](e) On the premises of the estate distillery, serve samples of the spirits manufactured at the estate distillery. Any such samples must not exceed, per person, per day, 4 fluid ounces in volume.

      [(e)](f) On the premises of the estate distillery, sell the spirits manufactured at the estate distillery at retail for consumption on or off the premises. Any such spirits sold at retail for off-premises consumption must not exceed, per person, per month, 1 case of spirits and not exceed, per person, per year, 6 cases of spirits. The total amount of such spirits sold at retail for off-premises consumption must not exceed 7,500 cases per year. Spirits purchased on the premises of an estate distillery must not be resold by the purchaser or any retail liquor store. A person who operates an estate distillery shall prominently display on the premises a notice that the resale of spirits purchased on the premises is prohibited.

      [(f)](g) Donate for charitable or nonprofit purposes and transport neutral or distilled spirits manufactured at the estate distillery in accordance with the terms and conditions of a special permit for the transportation of the neutral or distilled spirits obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.

      [(g)](h) Transfer in bulk neutral or distilled spirits manufactured at the estate distillery to a supplier. Any such transfer:

             (1) Is taxable only when the neutral or distilled spirits are rectified and bottled in original packages for sale within this State [;] and removed from the federally bonded premises of the supplier; and

             (2) Is not a sale for the purposes of paragraph [(b)] (c) or manufacturing for exportation for the purposes of paragraph [(c).] (d).

      (i) Subject to the provisions of subsection 3, receive wine or malt beverages in bulk from a person described in subparagraph (1) or (2) of paragraph (b), or from a wholesale dealer of alcoholic beverages who is licensed under chapter 369 of NRS and who is transferring such wine or malt beverages pursuant to NRS 597.230 or 597.240, for the purpose of distillation and blending. Wine and malt beverages so received are taxable only when the wine and malt beverages are:

             (1) Distilled, blended or both, and bottled in original packages for sale within this State; and

             (2) Removed from the federally bonded premises of the estate distillery.

      3.  A person who operates an estate distillery shall not receive a shipment of wine or malt beverages:

      (a) Unless the person first notifies the Department of Taxation that the distillery will receive such a shipment; and

      (b) Except as authorized by paragraph (i) of subsection 2.

 


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

ê2019 Statutes of Nevada, Page 2773 (CHAPTER 439, SB 345)ê

 

      4.  Spirits manufactured by an estate distillery pursuant to this section may be sold in this State only after bottling in original packages.

      Sec. 2.5.NRS 597.240 is hereby amended to read as follows:

      597.240  1.  A winery that is federally bonded and permitted by the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury, including, without limitation, an alternating proprietorship of not more than four such wineries, and that has been issued a wine-maker’s license pursuant to NRS 369.200 may:

      (a) Produce, bottle, blend and age wine.

      (b) Import wine or juice from a winery that is located in another state and that is federally bonded and permitted by the Alcohol and Tobacco Tax and Trade Bureau, to be fermented into wine or, if already fermented, to be mixed with other wine or aged in a suitable cellar, or both.

      2.  A winery that has been issued a wine-maker’s license pursuant to NRS 369.200 on or before September 30, 2015, may:

      (a) Sell at retail or serve by the glass, on its premises and at one other location, wine produced, blended or aged by the winery. The amount of wine sold at a location other than on the premises of the winery may not exceed 50 percent of the total volume of the wine sold by the winery.

      (b) Serve by the glass, on its premises, any alcoholic beverage.

      (c) Transfer in bulk wine produced, blended or aged by the winery:

             (1) To a person holding a valid wholesale wine and liquor dealer’s license issued pursuant to chapter 369 of NRS for the purpose of transferring in bulk the wine to an estate distillery for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237; or

             (2) If there is no wholesaler who is able or willing to accept and transfer in bulk the wine pursuant to subparagraph (1), to a person holding a valid license to operate an estate distillery issued pursuant to chapter 369 of NRS for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237 and must be performed in accordance with the terms and conditions of a special permit for the transportation of the wine obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.

      3.  A winery that is issued a wine-maker’s license pursuant to NRS 369.200 on or after October 1, 2015:

      (a) If 25 percent or more of the wine produced, blended or aged by the winery is produced, blended or aged from fruit grown in this State, may [sell:] :

             (1) Sell at retail or serve by the glass, on its premises, wine produced, blended or aged by the winery.

             (2) Transfer in bulk wine produced, blended or aged by the winery:

                   (I) To a person holding a valid wholesale wine and liquor dealer’s license issued pursuant to chapter 369 of NRS for the purpose of transferring in bulk the wine to an estate distillery for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237; or

                   (II) If there is no wholesaler who is able or willing to accept and transfer in bulk the wine pursuant to sub-subparagraph (I), to a person holding a valid license to operate an estate distillery issued pursuant to chapter 369 of NRS for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237.

 


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

ê2019 Statutes of Nevada, Page 2774 (CHAPTER 439, SB 345)ê

 

      (b) If less than 25 percent of the wine produced, blended or aged by the winery is produced, blended or aged from fruit grown in this State, may sell at retail or serve by the glass, on its premises, not more than 1,000 cases of wine produced, blended or aged by the winery per calendar year.

      4.  The owner or operator of a winery shall not:

      (a) Except as otherwise provided in paragraph (b) of subsection 2, sell alcoholic beverages on the premises of the winery other than wine produced, blended or aged by the winery.

      (b) Produce, blend or age wine at any location other than on the premises of the winery.

      5.  The State Board of Agriculture may adopt regulations for the purposes of ensuring that a winery is in compliance with any requirements established by the Federal Government for labeling bottles of wine produced, blended or aged by the winery.

      6.  For the purposes of this section, an instructional wine-making facility is not a winery.

      Sec. 2.7.NRS 597.240 is hereby amended to read as follows:

      597.240  1.  A winery that is federally bonded and permitted by the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury, including, without limitation, an alternating proprietorship of not more than four such wineries, and that has been issued a wine-maker’s license pursuant to NRS 369.200 may:

      (a) Produce, bottle, blend and age wine.

      (b) Import wine or juice from a winery that is located in another state and that is federally bonded and permitted by the Alcohol and Tobacco Tax and Trade Bureau, to be fermented into wine or, if already fermented, to be mixed with other wine or aged in a suitable cellar, or both.

      2.  A winery that has been issued a wine-maker’s license pursuant to NRS 369.200 on or before September 30, 2015, may:

      (a) Within the limits prescribed by subsection 3, sell at retail or serve by the glass, on its premises and at one other location, wine produced, blended or aged by the winery. The amount of wine sold at a location other than on the premises of the winery may not exceed 50 percent of the total volume of the wine sold by the winery.

      (b) Serve by the glass, on its premises, any alcoholic beverage.

      3.  A winery that is issued a wine-maker’s license pursuant to NRS 369.200:

      (a) If 25 percent or more of the wine produced, blended or aged by the winery is produced, blended or aged from fruit grown in this State, may [sell:] :

             (1) Sell at retail or serve by the glass, on its premises and, if applicable, at one other location, wine produced, blended or aged by the winery.

             (2) Transfer in bulk wine produced, blended or aged by the winery:

                   (I) To a person holding a valid wholesale wine and liquor dealer’s license issued pursuant to chapter 369 of NRS for the purpose of transferring in bulk the wine to an estate distillery for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237; or

                   (II) If there is no wholesaler who is able or willing to accept and transfer in bulk the wine pursuant to sub-subparagraph (I), to a person holding a valid license to operate an estate distillery issued pursuant to chapter 369 of NRS for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237.

 


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

ê2019 Statutes of Nevada, Page 2775 (CHAPTER 439, SB 345)ê

 

      (b) If less than 25 percent of the wine produced, blended or aged by the winery is produced, blended or aged from fruit grown in this State, may sell at retail or serve by the glass, on its premises and, if applicable, at one other location, not more than 1,000 cases of wine produced, blended or aged by the winery per calendar year.

      4.  The owner or operator of a winery shall not:

      (a) Except as otherwise provided in paragraph (b) of subsection 2, sell alcoholic beverages on the premises of the winery other than wine produced, blended or aged by the winery.

      (b) Produce, blend or age wine at any location other than on the premises of the winery.

      5.  The State Board of Agriculture may adopt regulations for the purposes of ensuring that a winery is in compliance with any requirements established by the Federal Government for labeling bottles of wine produced, blended or aged by the winery.

      6.  For the purposes of this section, an instructional wine-making facility is not a winery.

      Sec. 2.8. NRS 369.130 is hereby amended to read as follows:

      369.130  As used in this chapter, “wholesale dealer” or “wholesaler” means a person licensed to sell liquor as it is originally packaged to retail liquor stores or to another licensed wholesaler, or to transfer malt beverages and wine to an estate distillery pursuant to NRS 597.230 and 597.240, respectively, but not to sell to the consumer or general public.

      Sec. 2.9. NRS 369.470 is hereby amended to read as follows:

      369.470  Wholesale dealers’ licenses shall permit the holders thereof to sell liquor to wholesalers, retailers and those instrumentalities of the Armed Forces of the United States specified in NRS 369.335 only anywhere in Nevada [.] , or to transfer malt beverages and wine to an estate distillery pursuant to NRS 597.230 and 597.240, respectively. Sale by a wholesaler to itself as a retailer is not the transaction of a bona fide wholesale business.

      Sec. 3.  1.  This section and sections 1.3, 1.5, 2, 2.5, 2.8 and 2.9 of this act become effective on July 1, 2019.

      2.  Sections 2.3 and 2.7 of this act become effective on October 1, 2025.

________

 


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

ê2019 Statutes of Nevada, Page 2776ê

 

CHAPTER 440, SB 230

Senate Bill No. 230–Senator Denis

 

Joint Sponsors: Assemblymen Spiegel, Edwards, Hardy, Roberts and Tolles

 

CHAPTER 440

 

[Approved: June 6, 2019]

 

AN ACT relating to real estate; revising provisions relating to advertisements by real estate licensees; revising educational requirements which must be satisfied by an applicant for licensure as a real estate salesperson, real estate broker or real estate broker-salesperson; revising provisions governing the maintenance of certain licenses by real estate brokers and owner-developers; revising provisions governing certain regulations of the Real Estate Commission relating to the curriculum and subject matter of continuing education; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth certain requirements for advertisements by persons who are licensed by the Real Estate Division of the Department of Business and Industry (NRS 645.315) Section 1 of this bill: (1) requires a licensee to include his or her license number in any such advertisement; and (2) requires the Real Estate Commission to establish by regulation the conditions and limitations under which a licensee may advertise under a nickname.

      Existing law sets forth certain educational requirements which must be satisfied by an applicant for licensure as a real estate salesperson, real estate broker or real estate broker-salesperson. (NRS 645.343) Section 3.5 of this bill: (1) establishes a minimum number of total hours of instruction which must be included in a course of instruction for licensure as a real estate salesperson; and (2) requires an applicant for licensure as a real estate salesperson, real estate broker or real estate broker-salesperson to complete a minimum number of hours of instruction on agency and the preparation of contracts for real estate transactions. Under section 6.5 of this bill, these requirements apply only to a person who submits an application for licensure to the Real Estate Division on or after January 1, 2020.

      Existing law requires a real estate broker or owner-developer to prominently display in his or her place of business the licenses of all real estate broker-salespersons and real estate salespersons who are associated with the broker or employed by the owner-developer, as applicable. (NRS 645.530) Section 4 of this bill eliminates that requirement and instead requires the licenses to be kept in a secure manner and, upon request, made available for inspection by the public and the Real Estate Division during usual business hours.

      Existing law authorizes the Real Estate Commission to establish by regulation a postlicensing curriculum of continuing education which must be completed by a person within the first year immediately after initial licensing of the person. (NRS 645.575) Section 5 of this bill requires the Commission to adopt regulations which require a minimum of 36 hours of continuing education, set forth certain subject matter in continuing education which must be completed by certain licensees and provide for an exemption from such subject matter requirements for a person who is 65 years of age or older and who has been licensed in good standing as a real estate broker, real estate broker-salesperson or real estate salesperson in this State for 30 years or more.

 

 

 

 


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

ê2019 Statutes of Nevada, Page 2777 (CHAPTER 440, SB 230)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. NRS 645.315 is hereby amended to read as follows:

      645.315  1.  In any advertisement through which a licensee offers to perform services for which a license is required pursuant to this chapter, the licensee shall [:] include his or her license number and:

      (a) If the licensee is a real estate broker, disclose the name of any brokerage under which the licensee does business; or

      (b) If the licensee is a real estate broker-salesperson or real estate salesperson, disclose the name of the brokerage with whom the licensee is associated.

      2.  If a licensee is a real estate broker-salesperson or real estate salesperson, the licensee shall not advertise solely under the licensee’s own name when acting in the capacity as a broker-salesperson or salesperson. All such advertising must be done under the direct supervision of and in the name of the brokerage with whom the licensee is associated.

      3.  The Commission shall by regulation establish the conditions and limitations under which a licensee may advertise under a nickname.

      Secs. 2-3. (Deleted by amendment.)

      Sec. 3.5. NRS 645.343 is hereby amended to read as follows:

      645.343  1.  In addition to the other requirements contained in this chapter, an applicant for an original real estate salesperson’s license must furnish proof satisfactory to the Real Estate Division that the applicant has successfully completed a course of instruction which consists of not less than 120 hours of instruction in the principles, practices, procedures, law and ethics of real estate, which course may be an extension or correspondence course offered by the Nevada System of Higher Education, by any other accredited college or university or by any other college or school approved by the Commission. The course of instruction must include [the] :

      (a) The subject of disclosure of required information in real estate transactions, including instruction on methods a seller may use to obtain the required information [.] ;

      (b) Not less than 15 hours of instruction in the preparation of contracts in real estate transactions to the extent allowed in the capacity of a licensee; and

      (c) Not less than 15 hours of instruction on agency.

      2.  An applicant for an original real estate broker’s or broker-salesperson’s license must furnish proof satisfactory to the Real Estate Division that the applicant has successfully completed : [45 semester units or the equivalent in quarter units of college level courses which include:]

      (a) Three semester units or an equivalent number of quarter units in real estate law, including at least 18 classroom hours of the real estate law of Nevada [and another course of equal length] ;

      (b) Three semester units or an equivalent number of quarter units in the principles of real estate;

      [(b)](c) Nine semester units or the equivalent in quarter units of college level courses in real estate appraisal and business or economics;

      [(c)](d) Nine semester units or the equivalent in quarter units of college level courses in real estate, business or economics; [and

 


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

ê2019 Statutes of Nevada, Page 2778 (CHAPTER 440, SB 230)ê

 

      (d)](e) Three semester units or an equivalent number of quarter units in broker management [.] ;

      (f) Not less than one semester unit or an equivalent number of quarter units of instruction in the preparation of contracts in real estate transactions to the extent allowed in the capacity of a licensee; and

      (g) Not less than one semester unit or an equivalent number of quarter units of instruction on agency.

      3.  On and after January 1, 1986, in addition to other requirements contained in this chapter, an applicant for an original real estate broker’s or broker-salesperson’s license must furnish proof satisfactory to the Real Estate Division that the applicant has completed 64 semester units or the equivalent in quarter units of college level courses. This educational requirement includes and is not in addition to the requirements listed in subsection 2.

      4.  For the purposes of this section, each person who holds a license as a real estate broker, broker-salesperson or salesperson, or an equivalent license, issued by a state or territory of the United States, or the District of Columbia, is entitled to receive credit for the equivalent of 16 semester units of college level courses for each 2 years of active experience that, during the immediately preceding 10 years, the person has obtained while he or she has held such a license, not to exceed 8 years of active experience. This credit may not be applied against the requirement in subsection 2 for three semester units or an equivalent number of quarter units in broker management or 18 classroom hours of the real estate law of Nevada.

      5.  An applicant for a broker’s license pursuant to NRS 645.350 must meet the educational prerequisites applicable on the date his or her application is received by the Real Estate Division.

      6.  As used in this section, “college level courses” are courses offered by any accredited college or university or by any other institution which meet the standards of education established by the Commission. The Commission may adopt regulations setting forth standards of education which are equivalent to the college level courses outlined in this subsection. The regulations may take into account the standard of instructors, the scope and content of the instruction, hours of instruction and such other criteria as the Commission requires.

      Sec. 4. NRS 645.530 is hereby amended to read as follows:

      645.530  1.  The license of each real estate broker-salesperson or salesperson must be delivered or mailed to the real estate broker with whom the licensee is associated or to the owner-developer by whom the licensee is employed and must be kept in the custody and control of the broker or owner-developer.

      2.  Each real estate broker shall:

      (a) Display his or her license conspicuously in the broker’s place of business. If a real estate broker maintains more than one place of business within the State, an additional license must be issued to the broker for each branch office so maintained by the broker, and the additional license must be displayed conspicuously in each branch office.

      (b) [Prominently display] Maintain in his or her place of business the licenses of all real estate broker-salespersons and salespersons associated with him or her therein or in connection therewith. The licenses must be kept in a secure manner and, upon request, made available for inspection by the public and the Division during usual business hours.

 


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

ê2019 Statutes of Nevada, Page 2779 (CHAPTER 440, SB 230)ê

 

      3.  Each owner-developer shall [prominently display] maintain in his or her place of business the license of each real estate broker-salesperson and salesperson employed by him or her. The licenses must be kept in a secure manner and, upon request, made available for inspection by the public and the Division during usual business hours.

      Sec. 5. NRS 645.575 is hereby amended to read as follows:

      645.575  1.  The Commission shall adopt regulations that prescribe the standards for the continuing education of persons licensed pursuant to this chapter.

      2.  The standards adopted pursuant to subsection 1 must [permit] :

      (a) Require a minimum of 36 hours of continuing education; and

      (b) Permit alternatives of subject material, taking cognizance of specialized areas of practice and alternatives in sources of programs considering availability in area and time. The standards must include, where qualified, generally accredited educational institutions, private vocational schools, educational programs and seminars of professional societies and organizations, other organized educational programs on technical subjects, or equivalent offerings. The Commission shall qualify only those educational courses that it determines address the appropriate subject matter and are given by an accredited university or community college. Subject to the provisions of this section, the Commission has exclusive authority to determine what is an appropriate subject matter for qualification as a continuing education course.

      3.  In addition to any other standards for continuing education that the Commission adopts by regulation pursuant to this section, the Commission [may,] :

      (a) Shall, without limitation, adopt by regulation standards for continuing education that set forth certain mandatory subject matter which must be completed by every person who is licensed as a real estate broker, real estate broker-salesperson or real estate salesperson. Standards which are adopted pursuant to this section must authorize a person who is 65 years of age or older to apply to the Division for an exemption from any requirement to complete continuing education other than the mandatory subject matter which is set forth in regulations adopted pursuant to this paragraph if the person has been licensed in good standing as a real estate broker, real estate broker-salesperson or real estate salesperson in this State for 30 years or longer at the time of his or her application for an exemption.

      (b) May, without limitation, adopt by regulation standards for continuing education that:

      [(a)](1) Establish a postlicensing curriculum of continuing education which must be completed by a person within the first year immediately after the initial licensing of the person.

      [(b)](2) Require a person whose license as a real estate broker or real estate broker-salesperson has been placed on inactive status for any reason for 1 year or more or has been suspended or revoked to complete a course of instruction in broker management that is designed to fulfill the educational requirements for issuance of a license which are described in paragraph [(d)] (e) of subsection 2 of NRS 645.343, before the person’s license is reissued or reinstated.

      4.  Except as otherwise provided in this subsection [,] and regulations adopted pursuant to paragraph (a) of subsection 3, the license of a real estate broker, broker-salesperson or salesperson must not be renewed or reinstated unless the Administrator finds that the applicant for the renewal license or for reinstatement to active status has completed the continuing education required by this chapter.

 


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

ê2019 Statutes of Nevada, Page 2780 (CHAPTER 440, SB 230)ê

 

reinstatement to active status has completed the continuing education required by this chapter. Any amendment or repeal of a regulation does not operate to prevent an applicant from complying with this section for the next licensing period following the amendment or repeal.

      Sec. 6. (Deleted by amendment.)

      Sec. 6.5.  The amendatory provisions of section 3.5 of this act apply only to an applicant who submits an application for licensure to the Real Estate Division of the Department of Business and Industry on or after January 1, 2020.

      Sec. 7.  1.  This section becomes effective upon passage and approval.

      2.  Section 3.5 of this act becomes effective:

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

      (b) On January 1, 2020, for all other purposes.

      3.  Sections 1, 4, 5 and 6.5 of this act become effective on July 1, 2019.

________

CHAPTER 441, AB 500

Assembly Bill No. 500–Committee on Ways and Means

 

CHAPTER 441

 

[Approved: June 6, 2019]

 

AN ACT relating to governmental administration; extending the reversion dates of appropriations from the current biennium; making appropriations to the Office of Finance for costs associated with replacement of the Advantage Financial and Human Resources System with the Enterprise Resource Planning System; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Section 1.5 of chapter 444, Statutes of Nevada 2017, at page 2903, is hereby amended to read as follows:

       Sec. 1.5.  1.  There is hereby appropriated to the Interim Finance Committee:

       (a) From the State General Fund the sum of $11,664,000; and

       (b) From the State Highway Fund the sum of $2,736,000.

      2.  Money appropriated to the Interim Finance Committee pursuant to subsection 1 are available for [both] Fiscal [Year] Years 2017-2018 , [and] 2018-2019, 2019-2020 and 2020-2021, and may be allocated to the Office of Finance in the Office of the Governor to replace the existing financial and human resource management information technology system upon presentation to the Interim Finance Committee of a project plan and an itemization of related costs.

 


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

ê2019 Statutes of Nevada, Page 2781 (CHAPTER 441, AB 500)ê

 

      Sec. 2. Section 2 of chapter 444, Statutes of Nevada 2017, at page 2903, is hereby amended to read as follows:

      Sec. 2.  1.  Any remaining balance of the appropriations made by [sections] section 1 [and 1.5] of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 20, 2019.

      2.  Any remaining balance of the appropriations made by section 1.5 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 17, 2021.

      Sec. 3.  1.  There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor the sum of $1,938,572 for the legacy systems data clean-up and interface builds for the replacement of the Advantage Financial and Human Resources System.

      2.  There is hereby appropriated from the State Highway Fund to the Office of Finance in the Office of the Governor the sum of $454,727 for the legacy systems data clean-up and interface builds for the replacement of the Advantage Financial and Human Resources System with the Enterprise Resource Planning System.

      3.  There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor the sum of $31,031,801 for costs associated with the replacement of the Advantage Financial and Human Resources System with the Enterprise Resource Planning System.

      4.  There is hereby appropriated from the State Highway Fund to the Office of Finance in the Office of the Governor the sum of $7,279,065 for costs associated with the replacement of the Advantage Financial and Human Resources System with the Enterprise Resource Planning System.

      Sec. 4.  Any remaining balance of the appropriations made by section 3 of this act must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 15, 2023.

      Sec. 5.  This act becomes effective upon passage and approval.

________

 


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

ê2019 Statutes of Nevada, Page 2782ê

 

CHAPTER 442, AB 501

Assembly Bill No. 501–Committee on Ways and Means

 

CHAPTER 442

 

[Approved: June 6, 2019]

 

AN ACT making an appropriation to the Fleet Services Division of the Department of Administration for the replacement of vehicles; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Fleet Services Division of the Department of Administration the sum of $4,783,246 for the replacement of vehicles.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

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

________

CHAPTER 443, AB 502

Assembly Bill No. 502–Committee on Ways and Means

 

CHAPTER 443

 

[Approved: June 6, 2019]

 

AN ACT making an appropriation to the Office of Finance for an electronic tracking system for capital improvement projects; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor the sum of $500,000 for an electronic tracking system for capital improvement projects.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

 


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

ê2019 Statutes of Nevada, Page 2783 (CHAPTER 443, AB 502)ê

 

the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

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

________

CHAPTER 444, AB 503

Assembly Bill No. 503–Committee on Ways and Means

 

CHAPTER 444

 

[Approved: June 6, 2019]

 

AN ACT making an appropriation to the Fleet Services Division of the Department of Administration for the purchase of new vehicles; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Fleet Services Division of the Department of Administration the sum of $5,567,759 for the purchase of new vehicles.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation was made or any entity to which money from the appropriation was granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

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

________

 


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

ê2019 Statutes of Nevada, Page 2784ê

 

CHAPTER 445, AB 504

Assembly Bill No. 504–Committee on Ways and Means

 

CHAPTER 445

 

[Approved: June 6, 2019]

 

AN ACT making appropriations to the State Department of Agriculture for the purchase of replacement vehicles and the purchase and replacement of laboratory equipment; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the State Department of Agriculture, Livestock Enforcement, the sum of $225,000 for the purchase of four replacement vehicles that are equipped to carry out law enforcement functions.

      2.  There is hereby appropriated from the State General Fund to the State Department of Agriculture, Veterinary Medical Services, the sum of $159,605 for new laboratory equipment.

      3.  There is hereby appropriated from the State General Fund to the State Department of Agriculture, Veterinary Medical Services, the sum of $14,479 for the replacement of laboratory equipment.

      Sec. 2.  Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

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

________

 


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

ê2019 Statutes of Nevada, Page 2785ê

 

CHAPTER 446, AB 505

Assembly Bill No. 505–Committee on Ways and Means

 

CHAPTER 446

 

[Approved: June 6, 2019]

 

AN ACT making appropriations to the Division of State Parks for self-pay kiosks, replacement of vehicles, a paving project and construction at Ice Age Fossils State Park and maintenance equipment for Sand Harbor at Lake Tahoe Nevada State Park; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Division of State Parks of the State Department of Conservation and Natural Resources the sum of $160,000 for a paving project at the visitor’s center at Ice Age Fossils State Park.

      Sec. 2.  There is hereby appropriated from the State General Fund to the Division of State Parks of the State Department of Conservation and Natural Resources the sum of $2,080,000 for construction at Ice Age Fossils State Park.

      Sec. 3.  There is hereby appropriated from the State General Fund to the Division of State Parks of the State Department of Conservation and Natural Resources the sum of $213,009 for self-pay kiosks.

      Sec. 4.  There is hereby appropriated from the State General Fund to the Division of State Parks of the State Department of Conservation and Natural Resources the sum of $1,291,348 for the replacement of vehicles.

      Sec. 5.  There is hereby appropriated from the State General Fund to the Division of State Parks of the State Department of Conservation and Natural Resources the sum of $49,500 for maintenance equipment for Sand Harbor at Lake Tahoe Nevada State Park.

      Sec. 6.  Any remaining balance of the appropriations made by sections 1 to 5, inclusive, of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

      Sec. 7.  This act becomes effective upon passage and approval.

________

 


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

ê2019 Statutes of Nevada, Page 2786ê

 

CHAPTER 447, AB 506

Assembly Bill No. 506–Committee on Ways and Means

 

CHAPTER 447

 

[Approved: June 6, 2019]

 

AN ACT making appropriations to the Department of Corrections for the Nevada Offender Tracking Information System, a key control system, replacement of power supply equipment, data racks, radios, scanners, computers and repeater upgrades; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $420,000 for the Nevada Offender Tracking Information System.

      2.  There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $623,060 for the installation of a key control system for facilities.

      3.  There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $96,100 for the replacement of uninterruptible power supply equipment.

      4.  There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $3,390 for the purchase of data racks for the main data centers.

      5.  There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $152,371 for the replacement of handheld and vehicle radios and repeater upgrades.

      6.  There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $4,380 for the replacement of scanners.

      7.  There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $1,030,349 for the purchase of desktop and laptop computers.

      Sec. 2.  Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

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

________

 


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

ê2019 Statutes of Nevada, Page 2787ê

 

CHAPTER 448, AB 507

Assembly Bill No. 507–Committee on Ways and Means

 

CHAPTER 448

 

[Approved: June 6, 2019]

 

AN ACT making appropriations to the Department of Corrections for the replacement of buses and other vehicles; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $822,498 for the replacement of buses.

      2.  There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $1,731,157 for the replacement of other vehicles.

      Sec. 2.  Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

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

________

CHAPTER 449, AB 508

Assembly Bill No. 508–Committee on Ways and Means

 

CHAPTER 449

 

[Approved: June 6, 2019]

 

AN ACT making appropriations to the Department of Corrections, Prison Medical Care, for certain medical equipment; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Department of Corrections, Prison Medical Care, the sum of $114,700 for the replacement of medical equipment.

 


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

ê2019 Statutes of Nevada, Page 2788 (CHAPTER 449, AB 508)ê

 

      2.  There is hereby appropriated from the State General Fund to the Department of Corrections, Prison Medical Care, the sum of $385 for a deep vascular scanner.

      Sec. 2.  Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

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

________

CHAPTER 450, AB 509

Assembly Bill No. 509–Committee on Ways and Means

 

CHAPTER 450

 

[Approved: June 6, 2019]

 

AN ACT making an appropriation to the Nevada Equal Rights Commission for the new automation solution to streamline the intake process; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Nevada Equal Rights Commission within the Department of Employment, Training and Rehabilitation the sum of $543,488 for the new automation solution to streamline the intake process.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

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

________

 


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

ê2019 Statutes of Nevada, Page 2789ê

 

CHAPTER 451, SB 503

Senate Bill No. 503–Committee on Finance

 

CHAPTER 451

 

[Approved: June 6, 2019]

 

AN ACT making an appropriation for the continuation of the Nevada Promise Scholarship Program; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Nevada Promise Scholarship Account created by NRS 396.9645 the sum of $4,500,000.

      Sec. 2.  This act becomes effective upon passage and approval.

________

CHAPTER 452, SB 505

Senate Bill No. 505–Committee on Finance

 

CHAPTER 452

 

[Approved: June 6, 2019]

 

AN ACT relating to making an appropriation to the Office of Finance for an adjustment to school districts affected by the district of residence issue; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor the sum of $8,184,670 for an adjustment to school districts affected by the district of residence issue.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

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

________

 


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

ê2019 Statutes of Nevada, Page 2790ê

 

CHAPTER 453, SB 506

Senate Bill No. 506–Committee on Finance

 

CHAPTER 453

 

[Approved: June 6, 2019]

 

AN ACT making an appropriation to the Division of State Library, Archives and Public Records for the replacement of a large book scanner; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Division of State Library, Archives and Public Records of the Department of Administration the sum of $85,250 for the replacement of a large book scanner.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

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

________

CHAPTER 454, SB 507

Senate Bill No. 507–Committee on Finance

 

CHAPTER 454

 

[Approved: June 6, 2019]

 

AN ACT making an appropriation to the State Public Works Division of the Department of Administration for the support of the Marlette Lake Water System; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the State Public Works Division of the Department of Administration the sum of $200,000 for the support of the Marlette Lake Water System.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

 


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

ê2019 Statutes of Nevada, Page 2791 (CHAPTER 454, SB 507)ê

 

entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

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

________

CHAPTER 455, SB 508

Senate Bill No. 508–Committee on Finance

 

CHAPTER 455

 

[Approved: June 6, 2019]

 

AN ACT making an appropriation to the State Department of Conservation and Natural Resources for the replacement of information technology infrastructure and making an appropriation to the Interim Finance Committee for allocation to the Department for wildfire prevention, restoration and long-term planning; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the State Department of Conservation and Natural Resources, Administration, the sum of $205,183 for the replacement of information technology infrastructure.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

      Sec. 2.3.  There is hereby appropriated from the State General Fund to the Interim Finance Committee for allocation to the State Department of Conservation and Natural Resources the sum of $5,000,000 for wildfire prevention, restoration and long-term planning. The Interim Finance Committee shall allocate money to the Department pursuant to section 2.7 of this act.

      Sec. 2.7.  1.  The State Department of Conservation and Natural Resources may obtain money from private or public sources of money, other than money from this State, including, without limitation, gifts, grants and donations to the Department, that requires matching money from this State.

 


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

ê2019 Statutes of Nevada, Page 2792 (CHAPTER 455, SB 508)ê

 

The Department shall, except as otherwise provided in subsection 4, use any such money that is obtained by the Department to match the money allocated pursuant to subsection 3 for wildfire prevention, restoration and long-term planning.

      2.  Each time the total amount of matching money obtained by the Department pursuant to subsection 1 is $100,000 or more, the Department shall notify the Interim Finance Committee of the amount of matching money that the Department has obtained pursuant to subsection 1.

      3.  After receiving the notice pursuant to subsection 2, the Interim Finance Committee shall allocate to the Department any portion of the money appropriated pursuant to section 2.3 of this act, the total of which must not exceed the sum of $5,000,000, that is equal to the amount of matching money that the Department obtained pursuant to subsection 1.

      4.  If the Department obtains matching money pursuant to subsection 1 and notifies the Interim Finance Committee pursuant to subsection 2 and the Interim Finance Committee determines that no money which is appropriated pursuant to section 2.3 of this act is available, the Department may use the matching money for wildfire prevention, restoration and long-term planning upon receiving the consent of the source of the matching money. If the Department does not receive such consent within 30 days after the Interim Finance Committee’s determination that no money which is appropriated pursuant to section 2.3 of this act is available, the Department must return the matching money to the source of the money.

      5.  The Department may obtain money for wildfire prevention, restoration and long-term planning from private or public sources of money, other than money from this State, including, without limitation, gifts, grants and donations to the Department, that does not require matching money. The Department shall use any such money that is obtained by the Department for wildfire prevention, restoration and long-term planning.

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

________

CHAPTER 456, SB 509

Senate Bill No. 509–Committee on Finance

 

CHAPTER 456

 

[Approved: June 6, 2019]

 

AN ACT making appropriations to the Division of Water Resources for the replacement of vehicles and computer software and hardware; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Division of Water Resources of the State Department of Conservation and Natural Resources the sum of $115,554 for the replacement of vehicles.

 


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

ê2019 Statutes of Nevada, Page 2793 (CHAPTER 456, SB 509)ê

 

      2.  There is hereby appropriated from the State General Fund to the Division of Water Resources of the State Department of Conservation and Natural Resources the sum of $159,911 for the replacement of computer hardware and software.

      Sec. 2.  Any remaining balances of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

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

________

CHAPTER 457, SB 510

Senate Bill No. 510–Committee on Finance

 

CHAPTER 457

 

[Approved: June 6, 2019]

 

AN ACT making an appropriation to the Department of Employment, Training and Rehabilitation for a new business management system; and providing other matters properly relating thereto.

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

 

the people of the state of nevada, represented in

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Department of Employment, Training and Rehabilitation the sum of $352,000 for a new business management system for the Commission on Postsecondary Education to serve as the State approving agency for the VA Educational Benefits program and Alcohol Awareness programs for the issuance of Alcohol Beverage Awareness cards.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation was made or any entity to which money from the appropriation was granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

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

________

 


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

ê2019 Statutes of Nevada, Page 2794ê

 

CHAPTER 458, SB 511

Senate Bill No. 511–Committee on Finance

 

CHAPTER 458

 

[Approved: June 6, 2019]

 

AN ACT making appropriations to the Department of Corrections for the replacement of roof hatches and a sewer pump and the repair of flooring, plumbing and a sewer grinder at various correctional centers; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $49,294 for the replacement of roof hatches at the High Desert State Prison.

      Sec. 2.  There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $80,000 for bathroom flooring and plumbing repairs at the Humboldt Conservation Camp.

      Sec. 3.  There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $18,482 for the replacement of a sewer chopper pump at the Lovelock Correctional Center.

      Sec. 4.  There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $25,000 for the repair of a sewer grinder at the Southern Desert Correctional Center.

      Sec. 5.  There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $70,569 for the replacement of floors and fixtures at the Tonopah Conservation Camp.

      Sec. 6.  Any remaining balance of the appropriations made by sections 1 to 5, inclusive, of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

      Sec. 7.  This act becomes effective upon passage and approval.

________

 


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

ê2019 Statutes of Nevada, Page 2795ê

 

CHAPTER 459, SB 512

Senate Bill No. 512–Committee on Finance

 

CHAPTER 459

 

[Approved: June 6, 2019]

 

AN ACT relating to the Nevada Gaming Control Board; making appropriations to the Board for the costs of modernization of the technology system and replacement of security system equipment; extending the reversion date of the appropriation made by the 79th Session of the Nevada Legislature to the Board for certain in-state travel costs related to the Alpha Migration Project; and providing other matters properly relating thereto.

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

 

the people of the state of nevada, represented in

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Nevada Gaming Control Board the sum of $7,218,698 for the Alpha Migration Project to modernize the COBOL-based computer system to a modern technology system.

      2.  There is hereby appropriated from the State General Fund to the Nevada Gaming Control Board the sum of $143,211 for the replacement of security system equipment in both the Carson City office and the Gaming lab.

      Sec. 2.  Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

      Sec. 3. Section 2 of chapter 408, Statutes of Nevada 2017, at page 2740, is hereby amended to read as follows:

      Sec. 2.  1.  Any remaining balance of the [appropriations] appropriation made by subsection 1 of section 1 of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2019.

       2.  Any remaining balance of the appropriation made by subsection 2 of section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

 


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

ê2019 Statutes of Nevada, Page 2796 (CHAPTER 459, SB 512)ê

 

any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

      Sec. 4.  This act becomes effective upon passage and approval.

________

CHAPTER 460, SB 513

Senate Bill No. 513–Committee on Finance

 

CHAPTER 460

 

[Approved: June 6, 2019]

 

AN ACT making appropriations to the Division of Welfare and Supportive Services for the Child Support Enforcement Modernization system for the child support enforcement program and the replacement of computer hardware and software and office equipment; authorizing the expenditure of money by the Division for these purposes; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services of the Department of Health and Human Services the sum of $16,862,690 for the Child Support Enforcement Modernization system for the child support enforcement program.

      2.  Expenditure of $33,254,408 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2019-2020 and Fiscal Year 2020-2021 by the Division for the same purpose as set forth in subsection 1.

      Sec. 2.  1.  There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services of the Department of Health and Human Services, Administration, the sum of $319,861 for the replacement of computer hardware and software.

      2.  Expenditure of $745,179 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2019-2020 and Fiscal Year 2020-2021 by the Division for the same purpose as set forth in subsection 1.

      Sec. 3.  1.  There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services of the Department of Health and Human Services the sum of $32,891 for the replacement of computer hardware and software for the child support enforcement program.

      2.  Expenditure of $63,847 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2019-2020 and Fiscal Year 2020-2021 by the Division for the same purpose as set forth in subsection 1.

 


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

ê2019 Statutes of Nevada, Page 2797 (CHAPTER 460, SB 513)ê

 

      Sec. 4.  1.  There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services of the Department of Health and Human Services, Welfare Field Services, the sum of $412,267 for the replacement of computer hardware and software.

      2.  Expenditure of $878,016 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2019-2020 and Fiscal Year 2020-2021 by the Division for the same purpose as set forth in subsection 1.

      Sec. 5.  1.  There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services of the Department of Health and Human Services, Welfare Field Services, the sum of $5,995 for conference room chairs.

      2.  Expenditure of $12,765 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2019-2020 and Fiscal Year 2020-2021 by the Division for the same purpose as set forth in subsection 1.

      Sec. 6.  1.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.

      2.  Any remaining balance of the appropriations made by sections 2 to 5, inclusive, of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

      Sec. 7.  This act becomes effective upon passage and approval.

________

 


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

ê2019 Statutes of Nevada, Page 2798ê

 

CHAPTER 461, SB 514

Senate Bill No. 514–Committee on Finance

 

CHAPTER 461

 

[Approved: June 6, 2019]

 

AN ACT making an appropriation to the Interim Finance Committee for allocation to the Central Repository for Nevada Records of Criminal History for replacement of the Nevada Criminal Justice Information System; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee for allocation pursuant to subsection 2 to the Central Repository for Nevada Records of Criminal History within the Records, Communications and Compliance Division of the Department of Public Safety the sum of $6,994,026 for replacement of the Nevada Criminal Justice Information System.

      2.  Money appropriated by subsection 1 is available for both Fiscal Year 2019-2020 and 2020-2021 and may be allocated by the Interim Finance Committee to the Central Repository for Nevada Records of Criminal History within the Records, Communications and Compliance Division of the Department of Public Safety for replacement of the Nevada Criminal Justice Information System upon presentation to the Interim Finance Committee of a project plan and an itemization of related costs.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

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

________

 


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

ê2019 Statutes of Nevada, Page 2799ê

 

CHAPTER 462, SB 515

Senate Bill No. 515–Committee on Finance

 

CHAPTER 462

 

[Approved: June 6, 2019]

 

AN ACT making an appropriation to the Division of Parole and Probation for the replacement of computer equipment and the Offender Tracking Information System; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Division of Parole and Probation of the Department of Public Safety the sum of $2,711,874 for the replacement of the Offender Tracking Information System.

      2.  There is hereby appropriated from the State General Fund to the Division of Parole and Probation of the Department of Public Safety the sum of $470,322 for the replacement of computer software and hardware.

      Sec. 2.  Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

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

________

 


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

ê2019 Statutes of Nevada, Page 2800ê

 

CHAPTER 463, SB 516

Senate Bill No. 516–Committee on Finance

 

CHAPTER 463

 

[Approved: June 6, 2019]

 

AN ACT making appropriations to the State Board of Parole Commissioners for the replacement of computer software and hardware, video conferencing equipment and hearing room chairs; and providing other matters properly relating thereto.

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

 

the people of the state of nevada, represented in

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the State Board of Parole Commissioners of the Department of Public Safety the sum of $67,675 for the replacement of computer software and hardware.

      Sec. 2.  There is hereby appropriated from the State General Fund to the State Board of Parole Commissioners of the Department of Public Safety the sum of $87,555 for the replacement of video conferencing equipment.

      Sec. 3.  There is hereby appropriated from the State General Fund to the State Board of Parole Commissioners of the Department of Public Safety the sum of $11,380 for the replacement of hearing room chairs.

      Sec. 4.  Any remaining balance of the appropriations made by sections 1, 2 and 3 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

      Sec. 5.  This act becomes effective upon passage and approval.

________

 


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

ê2019 Statutes of Nevada, Page 2801ê

 

CHAPTER 464, SB 517

Senate Bill No. 517–Committee on Finance

 

CHAPTER 464

 

[Approved: June 6, 2019]

 

AN ACT making appropriations to the Nevada Highway Patrol for replacement of computer hardware and software and mobile data computers and for portable and mobile radio equipment; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 2.  There is hereby appropriated from the State Highway Fund to the Nevada Highway Patrol Division of the Department of Public Safety the sum of $264,871 for the replacement of computer hardware and software equipment.

      Sec. 3.  There is hereby appropriated from the State Highway Fund to the Nevada Highway Patrol Division of the Department of Public Safety the sum of $620,228 for the replacement of mobile data computers.

      Sec. 4.  There is hereby appropriated from the State Highway Fund to the Nevada Highway Patrol Division of the Department of Public Safety the sum of $95,715 for portable and mobile radio equipment.

      Sec. 5.  Any remaining balance of the appropriations made by sections 2, 3 and 4 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 17, 2021.

      Sec. 6.  This act becomes effective upon passage and approval.

________

 


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

ê2019 Statutes of Nevada, Page 2802ê

 

CHAPTER 465, SB 518

Senate Bill No. 518–Committee on Finance

 

CHAPTER 465

 

[Approved: June 6, 2019]

 

AN ACT making an appropriation from the State General Fund to the Department of Taxation for the needs assessment for the modernization of the Unified Tax System; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Department of Taxation the sum of $1,700,373 for the needs assessment for the modernization of the Unified Tax System.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

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

________

CHAPTER 466, SB 519

Senate Bill No. 519–Committee on Finance

 

CHAPTER 466

 

[Approved: June 6, 2019]

 

AN ACT making an appropriation to the Office of Finance for a Snowcat vehicle for winter access to the pump house and dam at Marlette Lake; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor the sum of $190,500 for a Snowcat vehicle for winter access to the pump house and dam at Marlette Lake.

 


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

ê2019 Statutes of Nevada, Page 2803 (CHAPTER 466, SB 519)ê

 

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation was made or any entity to which money from the appropriation was granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

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

________

CHAPTER 467, SB 525

Senate Bill No. 525–Committee on Finance

 

CHAPTER 467

 

[Approved: June 6, 2019]

 

AN ACT making appropriations to the Division of Forestry for equipment and maintenance; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Division of Forestry of the State Department of Conservation and Natural Resources the sum of $4,610,000 for the replacement of a helicopter.

      Sec. 2.  There is hereby appropriated from the State General Fund to the Division of Forestry of the State Department of Conservation and Natural Resources the sum of $517,017 for the replacement of wood chippers.

      Sec. 3.  There is hereby appropriated from the State General Fund to the Division of Forestry of the State Department of Conservation and Natural Resources the sum of $729,518 for the replacement of emergency response and service vehicles.

      Sec. 4.  There is hereby appropriated from the State General Fund to the Division of Forestry of the State Department of Conservation and Natural Resources the sum of $510,000 for deferred maintenance projects.

      Sec. 5.  There is hereby appropriated from the State General Fund to the Division of Forestry of the State Department of Conservation and Natural Resources the sum of $243,126 for the replacement of mobile incident kitchen trailers for the Forestry Conservation Camp