[Rev. 12/20/2019 5:05:09 PM]

Link to Page 3006

 

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ê2019 Statutes of Nevada, Page 3007ê

 

CHAPTER 499, AB 487

Assembly Bill No. 487–Committee on Ways and Means

 

CHAPTER 499

 

[Approved: June 7, 2019]

 

AN ACT making an appropriation to the Department of Veterans Services to provide financial assistance and support for the Adopt a Vet Dental 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 Department of Veterans Services to provide financial assistance and support for the Adopt a Vet Dental Program the following sums:

For the Fiscal Year 2019-2020.......................................................... $250,000

For the Fiscal Year 2020-2021.......................................................... $250,000

      Sec. 2.  Any balance of the sums appropriated by section 1 of this act 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.

      Sec. 3.  This act becomes effective on July 1, 2019.

________

CHAPTER 500, SB 3

Senate Bill No. 3–Committee on Judiciary

 

CHAPTER 500

 

[Approved: June 7, 2019]

 

AN ACT relating to criminal procedure; requiring an offender to exhaust all available administrative remedies before filing a postconviction petition for a writ of habeas corpus challenging the computation of time the offender has served; revising provisions governing the county in which an offender must file a postconviction petition for a writ of habeas corpus challenging the computation of time the offender has served; requiring the Department of Corrections to adopt regulations concerning expedited resolution of certain challenges to the computation of time an offender has served; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

      Existing law authorizes an offender who is convicted of a crime and under a sentence of death or imprisonment and who claims that the time served by the offender has been improperly computed to file a postconviction petition for a writ of habeas corpus. (NRS 34.724) Section 1 of this bill requires an offender to exhaust all administrative remedies available to resolve a challenge to the computation of time that the offender has served before the offender may file such a petition. Section 3 of this bill requires a court to dismiss without prejudice a petition for a writ of habeas corpus that challenges the computation of time that the offender has served if the court determines that the offender has not exhausted all available administrative remedies. Section 4 of this bill requires the Department of Corrections to adopt regulations to establish procedures for the resolution of a challenge to the computation of time that an offender has served that is brought within 180 days immediately preceding the expiration date of the offender’s term of imprisonment as calculated by the Department. Section 5 of this bill makes a conforming change.

      Existing law further requires a petition for a writ of habeas corpus challenging the validity of a conviction or sentence to be filed with the clerk of the district court for the county in which the conviction occurred. Existing law also requires any other petition for a writ of habeas corpus to be filed in the district court for the county in which the person is incarcerated. (NRS 34.738) Section 2 of this bill requires a person incarcerated outside this State, while serving a Nevada sentence, to file such a petition in the First Judicial District Court in Carson City.

      Section 6 of this bill provides that the amendatory provisions of this bill do not apply to a postconviction petition for a writ of habeas corpus that challenges the computation of time that a petitioner has served that is filed on or before January 1, 2020.

 

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 34.724 is hereby amended to read as follows:

      34.724  1.  Any person convicted of a crime and under sentence of death or imprisonment who claims that the conviction was obtained, or that the sentence was imposed, in violation of the Constitution of the United States or the Constitution or laws of this State, or who , after exhausting all available administrative remedies, claims that the time the person has served pursuant to the judgment of conviction has been improperly computed, may, without paying a filing fee, file a postconviction petition for a writ of habeas corpus to obtain relief from the conviction or sentence or to challenge the computation of time that the person has served.

      2.  Such a petition:

      (a) Is not a substitute for and does not affect any remedies which are incident to the proceedings in the trial court or the remedy of direct review of the sentence or conviction.

      (b) Comprehends and takes the place of all other common-law, statutory or other remedies which have been available for challenging the validity of the conviction or sentence, and must be used exclusively in place of them.

      (c) Is the only remedy available to an incarcerated person to challenge the computation of time that the person has served pursuant to a judgment of conviction [.] , after all available administrative remedies have been exhausted.

      3.  For the purposes of this section, a motion to withdraw a plea of guilty, guilty but mentally ill or nolo contendere pursuant to NRS 176.165 that is made after sentence is imposed or imposition of sentence is suspended is a remedy which is incident to the proceedings in the trial court if:

 


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that is made after sentence is imposed or imposition of sentence is suspended is a remedy which is incident to the proceedings in the trial court if:

      (a) The person has not filed a prior motion to withdraw the plea and has not filed a prior postconviction petition for a writ of habeas corpus;

      (b) The motion is filed within 1 year after the date on which the person was convicted, unless the person pleads specific facts demonstrating that some impediment external to the defense precluded bringing the motion earlier;

      (c) At the time the person files the motion to withdraw the plea, the person is not incarcerated for the charge for which the person entered the plea; and

      (d) The motion is not barred by the doctrine of laches. A motion filed more than 5 years after the date on which the person was convicted creates a rebuttable presumption of prejudice to the State on the basis of laches.

      4.  The court shall not appoint counsel to represent a person for the purpose of subsection 3.

      Sec. 2. NRS 34.738 is hereby amended to read as follows:

      34.738  1.  A petition that challenges the validity of a conviction or sentence must be filed with the clerk of the district court for the county in which the conviction occurred. Any other petition must be filed with the clerk of [the district court for the] :

      (a) The district court for the county in which the petitioner is incarcerated [.] ; or

      (b) The First Judicial District Court in and for Carson City, if the petitioner is incarcerated outside this State while serving a term of imprisonment imposed by a court of this State.

      2.  A petition that is not filed in the district court for the appropriate county:

      (a) Shall be deemed to be filed on the date it is received by the clerk of the district court in which the petition is initially lodged; and

      (b) Must be transferred by the clerk of that court to the clerk of the district court for the appropriate county.

      3.  A petition must not challenge both the validity of a judgment of conviction or sentence and the computation of time that the petitioner has served pursuant to that judgment. If a petition improperly challenges both the validity of a judgment of conviction or sentence and the computation of time that the petitioner has served pursuant to that judgment, the district court for the appropriate county shall resolve that portion of the petition that challenges the validity of the judgment of conviction or sentence and dismiss the remainder of the petition without prejudice.

      Sec. 3. NRS 34.810 is hereby amended to read as follows:

      34.810  1.  The court shall dismiss a petition if the court determines that:

      (a) The petitioner’s conviction was upon a plea of guilty or guilty but mentally ill and the petition is not based upon an allegation that the plea was involuntarily or unknowingly entered or that the plea was entered without effective assistance of counsel.

      (b) The petitioner’s conviction was the result of a trial and the grounds for the petition could have been:

             (1) Presented to the trial court;

             (2) Raised in a direct appeal or a prior petition for a writ of habeas corpus or postconviction relief; or

 


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             (3) Raised in any other proceeding that the petitioner has taken to secure relief from the petitioner’s conviction and sentence,

Ê unless the court finds both cause for the failure to present the grounds and actual prejudice to the petitioner.

      2.  A second or successive petition must be dismissed if the judge or justice determines that it fails to allege new or different grounds for relief and that the prior determination was on the merits or, if new and different grounds are alleged, the judge or justice finds that the failure of the petitioner to assert those grounds in a prior petition constituted an abuse of the writ.

      3.  Pursuant to subsections 1 and 2, the petitioner has the burden of pleading and proving specific facts that demonstrate:

      (a) Good cause for the petitioner’s failure to present the claim or for presenting the claim again; and

      (b) Actual prejudice to the petitioner.

Ê The petitioner shall include in the petition all prior proceedings in which the petitioner challenged the same conviction or sentence.

      4.  The court shall dismiss a petition without prejudice if:

      (a) The petition challenges the computation of time that the petitioner has served pursuant to a judgment of conviction; and

      (b) The court determines that the petitioner did not exhaust all available administrative remedies to resolve such a challenge as required by NRS 34.724.

      5.  The court may dismiss a petition that fails to include any prior proceedings of which the court has knowledge through the record of the court or through the pleadings submitted by the respondent.

      Sec. 4. Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Department shall adopt regulations to establish procedures for the expedited resolution of a challenge to the computation of time that an offender has served which is brought by the offender within 180 days immediately preceding the expiration date of his or her term of imprisonment as calculated by the Department.

      Sec. 5. NRS 209.432 is hereby amended to read as follows:

      209.432  As used in NRS 209.432 to 209.451, inclusive, and section 4 of this act, unless the context otherwise requires:

      1.  “Offender” includes:

      (a) A person who is convicted of a felony under the laws of this State and sentenced, ordered or otherwise assigned to serve a term of residential confinement.

      (b) A person who is convicted of a felony under the laws of this State and assigned to the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888.

      2.  “Residential confinement” means the confinement of a person convicted of a felony to his or her place of residence under the terms and conditions established pursuant to specific statute. The term does not include any confinement ordered pursuant to NRS 176A.530 to 176A.560, inclusive, 176A.660 to 176A.690, inclusive, 213.15105, 213.15193 or 213.152 to 213.1528, inclusive.

      Sec. 6.  The amendatory provisions of this act do not apply to a postconviction petition for a writ of habeas corpus that challenges the computation of time which a petitioner has served pursuant to a judgment of conviction that is filed before January 1, 2020.

 


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      Sec. 7.  This act becomes effective:

      1.  Upon passage and approval for the purposes of adopting regulations and performing 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.

________

CHAPTER 501, SB 44

Senate Bill No. 44–Committee on Judiciary

 

CHAPTER 501

 

[Approved: June 7, 2019]

 

AN ACT relating to unclaimed property; adopting provisions of the 2016 Revised Uniform Unclaimed Property Act; providing penalties for making fraudulent claims; permitting interagency information sharing under certain conditions; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill revises Nevada’s Uniform Unclaimed Property Act to reflect changes adopted by the Uniform Law Commission in the 2016 Revised Uniform Unclaimed Property Act (RUUPA). (Chapter 120A of NRS) Section 4 of this bill permits the Administrator of Unclaimed Property to enter into interagency agreements to protect confidential information shared with other agencies and to otherwise help locate apparent owners of abandoned property. Sections 5 and 6 of this bill provide penalties relating to fraudulent claims for unclaimed property. Sections 2 and 3 of this bill add the definitions of “payroll card” and “stored-value card,” respectively. Section 8 of this bill expands the definition of “holder.” Section 9 of this bill revises the definition of “money order.” Section 10 of this bill expands and revises the definition of “property.” Section 11 of this bill revises the method for determining whether certain property is abandoned. Section 12 of this bill: (1) permits the holder of property that is presumed to be abandoned to contract with a third party to file reports with the Administrator but does not relieve the holder from liability for proper reporting, transfer of the property and any penalties, interest and fees under the law; and (2) revises requirements governing the reports and payments which must be provided to the Administrator. Section 14 of this bill provides that property held by the Administrator is subject to claims for certain debts, including, without limitation, child support, civil and criminal fines or penalties imposed by an administrative agency or court, and state and local taxes, penalties and interest. Section 15 of this bill provides a penalty for failing to properly file a report of abandoned property and properly make payments through the State business portal. Section 16 of this bill provides that this bill becomes effective on July 1, 2019.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 120A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2. “Payroll card” means a record that evidences a payroll card account, as defined in Regulation E, 12 C.F.R. Part 1005, as amended, adopted pursuant to the federal Electronic Fund Transfer Act, as amended, 15 U.S.C. §§ 1693 et seq.

 


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amended, adopted pursuant to the federal Electronic Fund Transfer Act, as amended, 15 U.S.C. §§ 1693 et seq.

      Sec. 3. 1.  “Stored-value card” means a record evidencing a promise made for consideration by the seller or issuer of the record that goods, services or money will be provided to the owner of record to the value or amount shown in the record.

      2.  The term includes:

      (a) A record that contains or consists of a microprocessor chip, magnetic strip or other means for the storage of information which is prefunded and whose value or amount is decreased on each use and increased by payment of additional consideration; and

      (b) A payroll card.

      3.  The term does not include a loyalty card or game-related digital content.

      Sec. 4. 1.  In order to facilitate the return of property under this chapter, the Administrator may enter into cooperative agreements with an agency from this State concerning the protection of shared confidential information, rules for data matching and other issues. Upon the execution of such an agreement, the Administrator may provide to the agency with which the Administrator has entered the cooperative agreement information regarding the apparent owners of unclaimed or abandoned property pursuant to this chapter, including, without limitation, the name and social security number of the apparent owner. An agency that has entered into a cooperative agreement with the Administrator pursuant to this section shall notify the Administrator of the last known address of each apparent owner for which information was provided to the agency pursuant to this section, except as prohibited by federal law.

      2.  The Administrator may adopt regulations to facilitate delivery of property or pay the amount owing to an apparent owner matched under this section without filing a claim. Such regulations must set forth the conditions for such payment.

      Sec. 5. Any person who knowingly makes a fraudulent claim from the Administrator on the property of another with the intent to deprive that person of the property shall be punished:

      1.  Where the value of the property involved is $650 or more, for a category C felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  Where the value of the property is less than $650, for a misdemeanor.

      Sec. 6. A person is guilty of a misdemeanor:

      1.  If the person knowingly makes or causes to be made, either directly or indirectly, or through any agency whatsoever, any false statement in writing, with the intent that it be relied upon, respecting the right to claim property or money held by the Administrator, for the purpose of procuring the delivery of such property or money, for the benefit of either himself or herself or of another person; or

      2.  If the person, knowing that a false statement in writing has been made respecting the right to claim property held by the Administrator, procures upon the faith thereof, the delivery of such property or money for the benefit of either himself or herself or of another person.

 


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      Sec. 7. NRS 120A.020 is hereby amended to read as follows:

      120A.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 120A.025 to 120A.120, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 8. NRS 120A.080 is hereby amended to read as follows:

      120A.080  “Holder” means a person or business obligated , or assumed to be obligated, to hold for the account of, or deliver or pay to, the owner property that is subject to this chapter.

      Sec. 9. NRS 120A.098 is hereby amended to read as follows:

      120A.098  “Money order” means an order for payment of a specified amount of money. The term includes an express money order and a personal money order, on which the remitter is the purchaser. The term does not include a bank money order or any other instrument sold by a financial organization if the seller has obtained the name and address of the payee.

      Sec. 10. NRS 120A.113 is hereby amended to read as follows:

      120A.113  1.  “Property” means tangible property described in NRS 120A.510 or a fixed and certain interest in intangible property that is held, issued or owed in the course of a holder’s business or by a government, governmental subdivision, agency or instrumentality . [, and all income or increments therefrom.]

      2.  The term includes, without limitation [, property] :

      (a) All income from or increments to the property.

      (b) Property that is referred to as or evidenced by:

      [1.  Money or a check, draft, deposit, interest or dividend;

      2.](1)Money, virtual currency or interest, or a payroll card, dividend, check, draft or deposit;

             (2) A credit balance, customer’s overpayment, stored-value card, security deposit, refund, credit memorandum, unpaid wage, unused ticket for which the issuer has an obligation to provide a refund, mineral proceeds or unidentified remittance;

      [3.  Stock or other evidence of ownership of an interest in a business association or financial organization;

      4.](3) A security, except for a security that is subject to a lien, legal hold or restriction evidenced on the records of the holder or imposed by operation of law, if the lien, legal hold or restriction restricts the holder’s or owner’s ability to receive, transfer, sell or otherwise negotiate the security;

             (4) A bond, debenture, note or other evidence of indebtedness;

      [5.](5) Money deposited to redeem [stocks, bonds, coupons or other securities or to make distributions;

      6.]a security, make a distribution or pay a dividend;

             (6) An amount due and payable under the terms of an annuity or insurance policy ; [, including policies providing life insurance, property and casualty insurance, workers’ compensation insurance or health and disability insurance;] and

      [7.](7) An amount distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance or similar benefits.

      3.  The term does not include:

      (a) Property held in an ABLE account described in section 529A of the Internal Revenue Code, 26 U.S.C. § 529A;

 


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      (b) Game-related digital content; or

      (c) A loyalty card.

      Sec. 11. NRS 120A.500 is hereby amended to read as follows:

      120A.500  1.  Except as otherwise provided in subsections 6 and 7, property is presumed abandoned if it is unclaimed by the apparent owner during the time set forth below for the particular property:

      (a) A traveler’s check, 15 years after issuance;

      (b) A money order, 7 years after issuance;

      (c) Any stock or other equity interest in a business association or financial organization, including a security entitlement under NRS 104.8101 to 104.8511, inclusive, 3 years after the earlier of the date of the most recent dividend, stock split or other distribution unclaimed by the apparent owner, or the date of the second mailing of a statement of account or other notification or communication that was returned as undeliverable or after the holder discontinued mailings, notifications or communications to the apparent owner;

      (d) Any debt of a business association or financial organization, other than a bearer bond or an original issue discount bond, 3 years after the date of the most recent interest payment unclaimed by the apparent owner;

      (e) A demand, savings or time deposit, including a deposit that is automatically renewable, 3 years after the earlier of maturity or the date of the last indication by the owner of interest in the property, but a deposit that is automatically renewable is deemed matured for purposes of this section upon its initial date of maturity, unless the owner has consented to a renewal at or about the time of the renewal and the consent is in writing or is evidenced by a memorandum or other record on file with the holder;

      (f) Except as otherwise provided in NRS 120A.520, any money or credits owed to a customer as a result of a retail business transaction, 3 years after the obligation accrued;

      (g) Any amount owed by an insurer on a life or endowment insurance policy or an annuity that has matured or terminated, 3 years after the obligation to pay arose [or, in the case of a policy or annuity payable upon proof of death, 3 years after the] under the terms of the policy or contract or, if a policy or contract for which payment is owed on proof of death has not matured by proof of death of the insured or annuitant:

             (1) With respect to an amount owed for a life or endowment insurance policy, 3 years after the earlier of the date:

                   (I) The insurance company has knowledge of the death of the insured; or

                   (II) The insured has attained, or would have attained if living, the limiting age under the mortality table on which the reserve is based; and

             (2) With respect to an amount owed on an annuity contract, 3 years after the date the insurance company has knowledge of the death of the annuitant;

      (h) Any property distributable by a business association or financial organization in a course of dissolution, 1 year after the property becomes distributable;

      (i) Any property received by a court as proceeds of a class action and not distributed pursuant to the judgment, 1 year after the distribution date;

      (j) Except as otherwise provided in NRS 607.170 and 703.375, any property held by a court, government, governmental subdivision, agency or instrumentality, 1 year after the property becomes distributable;

 


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      (k) Any wages or other compensation for personal services, 1 year after the compensation becomes payable;

      (l) A deposit or refund owed to a subscriber by a utility, 1 year after the deposit or refund becomes payable;

      (m) Any property in an individual retirement account, defined benefit plan or other account or plan that is qualified for tax deferral under the income tax laws of the United States, 3 years after the [earliest of the date of the distribution or attempted distribution of the property, the date of the required distribution as stated in the plan or trust agreement governing the plan or the date, if determinable by the holder, specified in the income tax laws of the United States by which distribution of the property must begin in order to avoid a tax penalty; and] later of:

             (1) The date determined as follows:

                   (I) Except as otherwise provided in sub-subparagraph (II), the date a second consecutive communication sent by the holder by first-class United States mail to the apparent owner is returned to the holder undelivered by the United States Postal Service; or

                   (II) If the second communication is sent later than 30 days after the date the first communication is returned undelivered, the date the first communication was returned undelivered by the United States Postal Service; or

             (2) The earlier of the following dates:

                   (I) The date the apparent owner becomes 70.5 years of age, if determinable by the holder; or

                   (II) If the Internal Revenue Code requires distribution to avoid a tax penalty, 2 years after the date the holder receives, in the ordinary course of business, confirmation of the death of the apparent owner;

      (n) An account of funds established to meet the costs of burial, 3 years after the earlier of:

             (1) The date of death of the beneficiary; or

             (2) If the holder does not know whether the beneficiary is deceased, the date the beneficiary has attained, or would have attained if living, the age of 105 years; and

      (o) All other property, 3 years after the owner’s right to demand the property or after the obligation to pay or distribute the property arises, whichever first occurs.

      2.  At the time that an interest is presumed abandoned under subsection 1, any other property right accrued or accruing to the owner as a result of the interest, and not previously presumed abandoned, is also presumed abandoned.

      3.  Property is unclaimed if, for the applicable period set forth in subsection 1 or 7, as applicable, the apparent owner has not communicated, in writing or by other means reflected in a contemporaneous record prepared by or on behalf of the holder, with the holder concerning the property or the account in which the property is held and has not otherwise indicated an interest in the property. A communication with an owner by a person other than the holder or its representative who has not in writing identified the property to the owner is not an indication of interest in the property by the owner.

      4.  An indication of an owner’s interest in property includes:

      (a) The presentment of a check or other instrument of payment of a dividend or other distribution made with respect to an account or underlying stock or other interest in a business association or financial organization or, in the case of a distribution made by electronic or similar means, evidence that the distribution has been received;

 


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stock or other interest in a business association or financial organization or, in the case of a distribution made by electronic or similar means, evidence that the distribution has been received;

      (b) Owner-directed activity in the account in which the property is held, including a direction by the owner to increase, decrease or change the amount or type of property held in the account;

      (c) The making of a deposit to or withdrawal from a bank account; and

      (d) The payment of a premium with respect to a property interest in an insurance policy, but the application of an automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not prevent a policy from maturing or terminating if the insured has died or the insured or the beneficiary of the policy has otherwise become entitled to the proceeds before the depletion of the cash surrender value of a policy by the application of those provisions.

      5.  Property is payable or distributable for purposes of this chapter notwithstanding the owner’s failure to make demand or present an instrument or document otherwise required to obtain payment.

      6.  The following property clearly designated as such must not be presumed abandoned because of inactivity or failure to make a demand:

      (a) An account or asset managed through a guardianship;

      (b) An account blocked at the direction of a court;

      (c) A trust account established to address a special need;

      (d) A qualified income trust account;

      (e) A trust account established for tuition purposes; and

      (f) A trust account established on behalf of a client . [; and

      (g) An account or fund established to meet the costs of burial.]

      7.  For property described in paragraphs (c) to (f), inclusive, and [(n)] (o) of subsection 1, the 3-year period described in each of those paragraphs must be reduced to a 2-year period if the holder of the property reported more than $10 million in property presumed abandoned on the holder’s most recent report of abandoned property made pursuant to NRS 120A.560.

      Sec. 12. NRS 120A.560 is hereby amended to read as follows:

      120A.560  1.  A holder of property presumed abandoned shall make a report to the Administrator concerning the property.

      2.  A holder may contract with a third party, including, without limitation, a transfer agent, to make the report required by subsection 1.

      3.  Whether or not a holder contracts with a third party pursuant to subsection 2, the holder is responsible:

      (a) To the Administrator for the complete, accurate and timely reporting of property presumed abandoned;

      (b) For paying or delivering to the Administrator the property described in the report; and

      (c) For any penalties, interest and fees due pursuant to NRS 120A.730.

      4.  The report must [be verified and must] contain:

      (a) A description of the property;

      (b) Except with respect to a traveler’s check or money order, the name, if known, and last known address, if any, and the social security number or taxpayer identification number, if readily ascertainable, of the apparent owner of property ; [of the value of $50 or more;]

      (c) In the case of an amount [of $50 or more] held or owing under an annuity or a life or endowment insurance policy, the full name and last known address of the annuitant or insured and of the beneficiary;

 


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      (d) In the case of property held in a safe-deposit box or other safekeeping depository, an indication of the [place where it is held] location of the property and where it may be inspected by the Administrator and any amounts owing to the holder;

      (e) The date [, if any, on which the property became payable, demandable or returnable and the date of the last transaction with the apparent owner with respect to the property;] identified in subsection 1 of NRS 120A.500 from which the length of time required in subsection 1 or 7 of NRS 120A.500 must be measured to determine whether the property is presumed abandoned pursuant to NRS 120A.500 or, if the property is a gift certificate, the date identified in subsection 1 of NRS 120A.520, as applicable; and

      (f) Other information that the Administrator by regulation prescribes as necessary for the administration of this chapter.

      [3.] 5.  If a holder of property presumed abandoned is a successor to another person who previously held the property for the apparent owner or the holder has changed its name while holding the property, the holder shall file with the report its former names, if any, and the known names and addresses of all previous holders of the property.

      [4.  The]

      6.  Except as otherwise provided in subsection 7, the report must be filed before November 1 of each year and cover the 12 months next preceding July 1 of that year . [, but a]

      7.  A report with respect to an insurance company must be filed before May 1 of each year for the immediately preceding calendar year . [next preceding.

      5.] 8.  The holder of property presumed abandoned shall send written notice to the apparent owner, not more than 120 days or less than 60 days before filing the report, stating that the holder is in possession of property subject to this chapter [,] if:

      (a) The holder has in its records an address for the apparent owner which the holder’s records do not disclose to be [inaccurate;] invalid and is sufficient to direct delivery of first-class United States mail to the apparent owner; and

      (b) [The claim of the apparent owner is not barred by a statute of limitations; and

      (c)] The value of the property is $50 or more.

Ê If a holder is required to send written notice to the apparent owner pursuant to this subsection and the apparent owner has consented to receive delivery from the holder by electronic mail, as defined in NRS 41.715, the holder shall send the notice by first-class United States mail to the apparent owner’s last known mailing address, as described in paragraph (a), and by electronic mail, unless the holder believes the apparent owner’s electronic mail address is invalid.

      [6.]9.  Before the date for filing the report, the holder of property presumed abandoned may request the Administrator to extend the time for filing the report. The Administrator may grant the extension for good cause. The holder, upon receipt of the extension, may make an interim payment on the amount the holder estimates will ultimately be due, which terminates the accrual of additional interest on the amount paid.

      [7.] 10.  The holder of property presumed abandoned shall file with the report an affidavit stating that the holder has complied with subsection [5.] 8.

 


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      [8.  The Administrator may require the report to be filed electronically in the manner determined by the Administrator.]

      11.  Except as otherwise provided in subsection 12, the holder of property presumed abandoned shall, through a business portal established by the Administrator, electronically file the report and make the payment of the total amount due.

      12.  The Administrator may waive the requirement to file the report and make the payment electronically for good cause shown by the holder. The holder must request the waiver on or before the deadline established by the Administrator.

      Sec. 13. (Deleted by amendment.)

      Sec. 14. NRS 120A.640 is hereby amended to read as follows:

      120A.640  1.  A person, excluding another state, claiming property paid or delivered to the Administrator may file a claim on a form prescribed by the Administrator and verified by the claimant.

      2.  Within 90 days after a claim is filed, the Administrator shall allow or deny the claim and give written notice of the decision to the claimant. If the claim is denied, the Administrator shall inform the claimant of the reasons for the denial and specify what additional evidence is required before the claim will be allowed. The claimant may then file a new claim with the Administrator or maintain an action under NRS 120A.650.

      3.  Except as otherwise provided in subsection 5, within 30 days after a claim is allowed, the property or the net proceeds of a sale of the property must be delivered or paid by the Administrator to the claimant, together with any dividend, interest or other increment to which the claimant is entitled under NRS 120A.600 and 120A.610.

      4.  A holder who pays the owner for property that has been delivered to the State and which, if claimed from the Administrator by the owner would be subject to an increment under NRS 120A.600 and 120A.610 may recover from the Administrator the amount of the increment.

      5.  The Administrator may require a person with a claim in excess of $2,000 to furnish a bond and indemnify the State against any loss resulting from the approval of such claim if the claim is based upon an original instrument, including, without limitation, a certified check or a stock certificate or other proof of ownership of securities, which cannot be furnished by the person with the claim.

      6.  Property held under this chapter by the Administrator is subject to a claim for the payment of a debt which the Administrator determines to be enforceable and which the owner owes in this State for:

      (a) Support of a child, including, without limitation, any related collection costs and any amounts which may be combined with maintenance for a former spouse;

      (b) A civil or criminal fine or penalty, court costs or a surcharge or restitution imposed by a final order of an administrative agency or a final judgment of a court; or

      (c) A state or local tax, and any related penalty and interest.

      Sec. 15. NRS 120A.730 is hereby amended to read as follows:

      120A.730  1.  A holder who fails to report, pay or deliver property within the time prescribed by this chapter shall pay to the Administrator interest at the rate of 18 percent per annum on the property or value thereof from the date the property should have been reported, paid or delivered.

 


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      2.  Except as otherwise provided in subsection 3, a holder who fails to report, pay or deliver property within the time prescribed by this chapter or fails to perform other duties imposed by this chapter shall pay to the Administrator, in addition to interest as provided in subsection 1, a civil penalty of $200 for each day the report, payment or delivery is withheld or the duty is not performed, up to a maximum of $5,000.

      3.  A holder who willfully fails to report, pay or deliver property within the time prescribed by this chapter or willfully fails to perform other duties imposed by this chapter shall pay to the Administrator, in addition to interest as provided in subsection 1, a civil penalty of $1,000 for each day the report, payment or delivery is withheld or the duty is not performed, up to a maximum of $25,000, plus 25 percent of the value of any property that should have been but was not reported.

      4.  A holder who makes a fraudulent report shall pay to the Administrator, in addition to interest as provided in subsection 1, a civil penalty of $1,000 for each day from the date a report under this chapter was due, up to a maximum of $25,000, plus 25 percent of the value of any property that should have been but was not reported.

      5.  The Administrator for good cause may waive, in whole or in part, interest under subsection 1 and penalties under subsections 2 and 3, and shall waive penalties if the holder acted in good faith and without negligence.

      6.  A holder who fails to make a payment as required by subsections 11 and 12 of NRS 120A.560 must be assessed by the Administrator a fee for each such payment in an amount equal to the greater of $50 or 2 percent of the amount of the payment.

      Sec. 16.  This act becomes effective on July 1, 2019.

________

CHAPTER 502, SB 50

Senate Bill No. 50–Committee on Legislative Operations and Elections

 

CHAPTER 502

 

[Approved: June 7, 2019]

 

AN ACT relating to the state personnel system; revising provisions governing the temporary limited appointment of persons with disabilities by state agencies; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      With limited exceptions, existing law requires agencies of the Executive Department of the State Government to make temporary limited appointments of persons with disabilities who are certified by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation to certain positions in state service for a period not to exceed 700 hours. For purposes of temporary limited appointments, existing law requires a person with a disability who is certified by the Rehabilitation Division to: (1) possess the training and skills necessary for the position for which the person is certified; and (2) be able to perform, with or without accommodation, the essential functions of that position. (NRS 284.327) Section 1 of this bill clarifies that such an accommodation must be reasonable.

 


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      Existing law prohibits an appointing authority from making a temporary limited appointment of a certified person with a disability if the certified person with a disability currently receives benefits from the agency of the Executive Department of the State Government in which the position exists. (NRS 284.327) Section 1 of this bill removes this prohibition and requires that the receipt of such benefits by a certified person with a disability not be deemed to create an actual or potential conflict of interest for purposes of the additional prohibition in existing law against an appointing authority making a temporary limited appointment in circumstances where an actual or potential conflict of interest would be created between the certified person with a disability and the agency in which the position exists.

      Section 2 of this bill makes these provisions become effective on October 1, 2019.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 284.327 is hereby amended to read as follows:

      284.327  1.  Except as otherwise provided in subsection 4, if an appointing authority has a position available and the position is not required to be filled in another manner pursuant to this chapter, to assist persons with disabilities certified by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation, the appointing authority shall, if possible, make a temporary limited appointment of a certified person with a disability for a period not to exceed 700 hours notwithstanding that the position so filled is a continuing position.

      2.  A person with a disability who is certified by the Rehabilitation Division must be placed on the appropriate list for which the person is eligible. Each such person must:

      (a) Possess the training and skills necessary for the position for which the person is certified; and

      (b) Be able to perform, with or without reasonable accommodation, the essential functions of that position.

      3.  The Rehabilitation Division must be notified of an appointing authority’s request for a list of eligibility on which the names of one or more certified persons with disabilities appear. A temporary limited appointment of a certified person with a disability pursuant to this section constitutes the person’s examination as required by NRS 284.215.

      4.  An appointing authority shall not make a temporary limited appointment of a certified person with a disability pursuant to this section [:

      (a) If the certified person with a disability currently receives benefits from the agency of the Executive Department of the State Government in which the position exists; or

      (b) In] in any [other circumstances] circumstance that the appointing authority determines would create an actual or potential conflict of interest between the certified person with the disability and the agency of the Executive Department of the State Government in which the position exists. For the purposes of this subsection, the receipt of benefits by the certified person with the disability from the agency of the Executive Department of the State Government in which the position exists shall not be deemed to create an actual or potential conflict of interest between the certified person with the disability and the agency.

      5.  Each appointing authority shall ensure that there is at least one person on the staff of the appointing authority who has training concerning:

 


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      (a) Making a temporary limited appointment of a certified person with a disability pursuant to this section; and

      (b) The unique challenges a person with a disability faces in the workplace.

      6.  The Commission shall adopt regulations to carry out the provisions of subsections 1 and 2.

      7.  This section does not deter or prevent appointing authorities from employing:

      (a) A person with a disability if the person is available and eligible for permanent employment.

      (b) A person with a disability who is employed pursuant to the provisions of subsection 1 in permanent employment if the person qualifies for permanent employment before the termination of the person’s temporary limited appointment.

      8.  If a person appointed pursuant to this section is subsequently appointed to a permanent position during or after the 700-hour period, the 700 hours or portion thereof counts toward the employee’s probationary period.

      Sec. 2.  This act becomes effective upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and on October 1, 2019, for all other purposes.

________

CHAPTER 503, SB 88

Senate Bill No. 88–Committee on Commerce and Labor

 

CHAPTER 503

 

[Approved: June 7, 2019]

 

AN ACT relating to insurance; revising provisions relating to licenses, certificates, permits and other authorizations for producers of insurance and other persons regulated by the Commissioner of Insurance; revising certain educational requirements for persons regulated by the Commissioner of Insurance; revising certain licensing and other fees; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Commissioner of Insurance to regulate insurance in this State. (NRS 679B.120) This bill makes various changes relating to obtaining or renewing licenses, certificates, permits or other types of authorizations governed by title 57 of NRS, including, without limitation, educational requirements.

      Sections 1 and 2 of this bill revise certain fees for obtaining and renewing various licenses, certificates, permits and other authorizations. Sections 4-6, 8, 9 and 15 of this bill remove certain educational requirements for the issuance of various licenses. Sections 6 and 7 of this bill remove certain references to fixed annuities. Sections 11-14, 17-21, 34 and 36 of this bill eliminate the requirements that associate adjusters be licensed. Sections 15 and 16 of this bill revise the licensing requirements for adjusters. Section 32 of this bill revises provisions governing the expiration of a certificate to operate as a health exchange enrollment facilitator. Section 37 of this bill provides that this bill is effective on passage and approval for the purposes of adopting regulations and other preparatory administrative acts and January 1, 2020, for all other purposes.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 680B.010 is hereby amended to read as follows:

      680B.010  The Commissioner shall collect in advance and receipt for, and persons so served must pay to the Commissioner, fees and miscellaneous charges as follows:

      1.  Insurer’s certificate of authority:

      (a) Filing initial application....................................................................... $2,450

      (b) Issuance of certificate:

             (1) For any one kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive...................................... 283

             (2) For two or more kinds of insurance as so defined......................... 578

             (3) For a reinsurer.................................................................................. 2,450

      (c) Each annual continuation of a certificate........................................... 2,450

      (d) Reinstatement pursuant to NRS 680A.180, 50 percent of the annual continuation fee otherwise required.

      (e) Registration of additional title pursuant to NRS 680A.240................... 50

      (f) Annual renewal of the registration of additional title pursuant to NRS 680A.240................................................... 25

      2.  Charter documents, other than those filed with an application for a certificate of authority. Filing amendments to articles of incorporation, charter, bylaws, power of attorney and other constituent documents of the insurer, each document      $10

      3.  Annual statement or report. For filing annual statement or report... $25

      4.  Service of process:

      (a) Filing of power of attorney........................................................................ $5

      (b) Acceptance of service of process............................................................ 30

      5.  Licenses, appointments and renewals for producers of insurance:

      (a) Application and license......................................................................... $125

      (b) Appointment fee for each insurer............................................................ 15

      (c) Triennial renewal of each license............................................................ 125

      (d) Temporary license...................................................................................... 10

      (e) Modification of an existing license.......................................................... 50

      6.  Surplus lines brokers:

      (a) Application and license......................................................................... $125

      (b) Triennial renewal of each license........................................................... 125

      7.  Managing general agents’ licenses, appointments and renewals:

      (a) Application and license......................................................................... $125

      (b) Appointment fee for each insurer............................................................ 15

      (c) Triennial renewal of each license............................................................ 125

      8.  Adjusters’ , as defined in NRS 684A.030, licenses and renewals:

      (a) [Independent and public adjusters:

             (1)] Application and license.................................................................. $125

             [(2)] (b) Triennial renewal of each license............................................. 125

 


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      [(b) Associate adjusters:

             (1) Application and license................................................................... $125

             (2) Triennial renewal of each license.................................................... 125]

      9.  Licenses and renewals for appraisers of physical damage to motor vehicles:

      (a) Application and license......................................................................... $125

      (b) Triennial renewal of each license........................................................... 125

      10.  Additional title and property insurers pursuant to NRS 680A.240:

      (a) Original registration.................................................................................. $50

      (b) Annual renewal........................................................................................... 25

      11.  Insurance vending machines:

      (a) Application and license, for each machine......................................... $125

      (b) Triennial renewal of each license........................................................... 125

      12.  Permit for solicitation for securities:

      (a) Application for permit............................................................................ $100

      (b) Extension of permit..................................................................................... 50

      13.  Securities salespersons for domestic insurers:

      (a) Application and license........................................................................... $25

      (b) Annual renewal of license......................................................................... 15

      14.  Rating organizations:

      (a) Application and license......................................................................... $500

      (b) Annual renewal......................................................................................... 500

      15.  Certificates and renewals for administrators licensed pursuant to chapter 683A of NRS:

      (a) Application and certificate of registration.......................................... $125

      (b) Triennial renewal....................................................................................... 125

      16.  For copies of the insurance laws of Nevada, a fee which is not less than the cost of producing the copies.

      17.  Certified copies of certificates of authority and licenses issued pursuant to the Code.................................... $10

      18.  For copies and amendments of documents on file in the Division, a reasonable charge fixed by the Commissioner, including charges for duplicating or amending the forms and for certifying the copies and affixing the official seal.

      19.  Letter of clearance for a producer of insurance or other licensee if requested by someone other than the licensee $10

      20.  Certificate of status as a producer of insurance or other licensee if requested by someone other than the licensee      $10

      21.  Licenses, appointments and renewals for bail agents:

      (a) Application and license......................................................................... $125

      (b) Appointment for each surety insurer...................................................... 15

      (c) Triennial renewal of each license............................................................ 125

      22.  Licenses and renewals for bail enforcement agents:

      (a) Application and license......................................................................... $125

      (b) Triennial renewal of each license........................................................... 125

      23.  Licenses, appointments and renewals for general agents for bail:

      (a) Application and license......................................................................... $125

      (b) Initial appointment by each insurer......................................................... 15

      (c) Triennial renewal of each license............................................................ 125

      24.  Licenses and renewals for bail solicitors:

 


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ê2019 Statutes of Nevada, Page 3024 (CHAPTER 503, SB 88)ê

 

      (a) Application and license......................................................................... $125

      (b) Triennial renewal of each license........................................................... 125

      25.  Licenses and renewals for title agents and escrow officers:

      (a) Application and license......................................................................... $125

      (b) Triennial renewal of each license........................................................... 125

      (c) Appointment fee for each title insurer..................................................... 15

      [(d) Change in name or location of business or in association................ 10]

      26.  Certificate of authority and renewal for a seller of prepaid funeral contracts .................................................. $125

      27.  Licenses and renewals for agents for prepaid funeral contracts:

      (a) Application and license......................................................................... $125

      (b) Triennial renewal of each license........................................................... 125

      [28.  Licenses, appointments and renewals for agents for fraternal benefit societies:

      (a) Application and license......................................................................... $125

      (b) Appointment for each insurer................................................................... 15

      (c) Triennial renewal of each license............................................................ 125

      29.] 28.  Reinsurance intermediary broker or manager:

      (a) Application and license......................................................................... $125

      (b) Triennial renewal of each license........................................................... 125

      [30.] 29.  Agents for and sellers of prepaid burial contracts:

      (a) Application and certificate or license.................................................. $125

      (b) Triennial renewal....................................................................................... 125

      [31.] 30.  Risk retention groups:

      (a) Initial registration.................................................................................... $250

      (b) Each annual continuation of a certificate of registration.................... 250

      [32.] 31.  Required filing of forms:

      (a) For rates and policies............................................................................... $25

      (b) For riders and endorsements.................................................................... 10

      [33.] 32.  Viatical settlements:

      (a) Provider of viatical settlements:

             (1) Application and license................................................................ $1,000

             (2) Annual renewal................................................................................ 1,000

      (b) Broker of viatical settlements:

             (1) Application and license..................................................................... 500

             (2) Annual renewal................................................................................... 500

      (c) Registration of producer of insurance acting as a viatical settlement broker........................................................ 250

      [34.] 33.  Insurance consultants:

      (a) Application and license......................................................................... $125

      (b) Triennial renewal....................................................................................... 125

      [35.] 34.  Licensee’s association with or appointment or sponsorship by an organization:

      (a) Initial appointment, association or sponsorship, for each organization $50

      (b) Renewal of each association or sponsorship......................................... 50

      (c) Annual renewal of appointment............................................................... 15

      [36.]35.  Purchasing groups:

 


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      (a) Initial registration and review of an application................................. $100

      (b) Each annual continuation of registration.............................................. 100

      [37.]36.  Exchange enrollment facilitators:

      (a) Application and certificate.................................................................... $125

      (b) Triennial renewal of each certificate...................................................... 125

      (c) Temporary certificate.................................................................................. 10

      [(d) Modification of an existing certificate.................................................... 50

      38.]37.  In addition to any other fee or charge, all applicable fees required of any person, including, without limitation, persons listed in this section, pursuant to NRS 680C.110.

      Sec. 2. NRS 680C.110 is hereby amended to read as follows:

      680C.110  1.  In addition to any other fee or charge, the Commissioner shall collect in advance and receipt for, and persons so served must pay to the Commissioner, the fees required by this section.

      2.  A fee required by this section must be:

      (a) If an initial fee, paid at the time of an initial application or issuance of a license, as applicable;

      (b) Except as otherwise provided in NRS 680A.180, 683A.378, 686A.380, 694C.230, 695A.080, 695B.135, 695D.150, 695H.090 and 696A.150, if an annual fee, paid on or before the date established by regulation of the Commissioner;

      (c) If a triennial fee, paid on or before the time of continuation, renewal or other similar action in regard to a certificate, license, permit or other type of authorization, as applicable; and

      (d) Deposited in the Fund for Insurance Administration and Enforcement created by NRS 680C.100.

      3.  The fees required pursuant to this section are not refundable.

      4.  The following fees must be paid by the following persons to the Commissioner:

      (a) Associations of self-insured private employers, as defined in NRS 616A.050:

             (1) Initial fee.......................................................................................... $1,300

             (2) Annual fee...................................................................................... $1,300

      (b) Associations of self-insured public employers, as defined in NRS 616A.055:

             (1) Initial fee.......................................................................................... $1,300

             (2) Annual fee...................................................................................... $1,300

      (c) Independent review organizations, as provided for in NRS 616A.469 or 683A.3715, or both:

             (1) Initial fee............................................................................................... $60

             (2) Annual fee........................................................................................... $60

      (d) Producers of insurance, as defined in NRS 679A.117:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (e) Reinsurers, as provided for in NRS 681A.1551 or 681A.160, as applicable:

             (1) Initial fee.......................................................................................... $1,300

             (2) Annual fee...................................................................................... $1,300

      (f) Intermediaries, as defined in NRS 681A.330:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (g) Reinsurers, as defined in NRS 681A.370:

 


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             (1) Initial fee.......................................................................................... $1,300

             (2) Annual fee...................................................................................... $1,300

      (h) Administrators, as defined in NRS 683A.025:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (i) Managing general agents, as defined in NRS 683A.060:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (j) Agents who perform utilization reviews, as defined in NRS 683A.376:

             (1) Initial fee............................................................................................... $60

             (2) Annual fee........................................................................................... $60

      (k) Insurance consultants, as defined in NRS 683C.010:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (l) Independent adjusters, as defined in NRS 684A.030:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (m) Public adjusters, as defined in NRS 684A.030:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (n) [Associate adjusters, as defined in NRS 684A.030:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (o)]Motor vehicle physical damage appraisers, as defined in NRS 684B.010:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      [(p)](o) Brokers, as defined in NRS 685A.031:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      [(q)](p) Companies, as defined in NRS 686A.330:

             (1) Initial fee.......................................................................................... $1,300

             (2) Annual fee...................................................................................... $1,300

      [(r)](q) Rate service organizations, as defined in NRS 686B.020:

             (1) Initial fee.......................................................................................... $1,300

             (2) Annual fee...................................................................................... $1,300

      [(s)](r) Brokers of viatical settlements, as defined in NRS 688C.030:

             (1) Initial fee............................................................................................... $60

             (2) Annual fee........................................................................................... $60

      [(t)](s) Providers of viatical settlements, as defined in NRS 688C.080:

             (1) Initial fee............................................................................................... $60

             (2) Annual fee........................................................................................... $60

      [(u)](t) Agents for prepaid burial contracts subject to the provisions of chapter 689 of NRS:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      [(v)](u) Agents for prepaid funeral contracts subject to the provisions of chapter 689 of NRS:

 


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             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      [(w)](v) Sellers of prepaid burial contracts subject to the provisions of chapter 689 of NRS:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      [(x)](w) Sellers of prepaid funeral contracts subject to the provisions of chapter 689 of NRS:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      [(y)](x) Providers, as defined in NRS 690C.070:

             (1) Initial fee.......................................................................................... $1,300

             (2) Annual fee...................................................................................... $1,300

      [(z)](y) Escrow officers, as defined in NRS 692A.028:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      [(aa)](z) Title agents, as defined in NRS 692A.060:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      [(bb)](aa) Captive insurers, as defined in NRS 694C.060:

             (1) Initial fee............................................................................................. $250

             (2) Annual fee......................................................................................... $250

      [(cc) Insurance agents for societies, as provided for in NRS 695A.330:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (dd)](bb) Purchasing groups, as defined in NRS 695E.100:

             (1) Initial fee............................................................................................. $250

             (2) Annual fee......................................................................................... $250

      [(ee)](cc) Risk retention groups, as defined in NRS 695E.110:

             (1) Initial fee............................................................................................. $250

             (2) Annual fee......................................................................................... $250

      [(ff)](dd) Medical discount plans, as defined in NRS 695H.050:

             (1) Initial fee.......................................................................................... $1,300

             (2) Annual fee...................................................................................... $1,300

      [(gg)](ee) Club agents, as defined in NRS 696A.040:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      [(hh)](ff) Motor clubs, as defined in NRS 696A.050:

             (1) Initial fee.......................................................................................... $1,300

             (2) Annual fee...................................................................................... $1,300

      [(ii)](gg) Bail agents, as defined in NRS 697.040:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      [(jj)](hh) Bail enforcement agents, as defined in NRS 697.055:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      [(kk)](ii) Bail solicitors, as defined in NRS 697.060:

 


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             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      [(ll)](jj) General agents, as defined in NRS 697.070:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      [(mm)](kk) Exchange enrollment facilitators, as defined in NRS 695J.050:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      5.  An initial fee of $1,000 must be paid to the Commissioner by each:

      (a) Insurer who is authorized to transact casualty insurance, as defined in NRS 681A.020;

      (b) Insurer who is authorized to transact health insurance, as defined in NRS 681A.030;

      (c) Insurer who is authorized to transact life insurance, as defined in NRS 681A.040;

      (d) Insurer who is authorized to transact property insurance, as defined in NRS 681A.060;

      (e) Title insurer, as defined in NRS 692A.070;

      (f) Fraternal benefit society, as defined in NRS 695A.010;

      (g) Corporation subject to the provisions of chapter 695B of NRS;

      (h) Health maintenance organization, as defined in NRS 695C.030;

      (i) Organization for dental care, as defined in NRS 695D.060; and

      (j) Prepaid limited health service organization, as defined in NRS 695F.050.

      6.  An insurer who is required to pay an initial fee of $1,000 pursuant to subsection 5 shall also pay to the Commissioner an annual fee in an amount determined by the Commissioner. When determining the amount of the annual fee, the Commissioner must consider:

      (a) The direct written premiums reported to the Commissioner by the insurer during the previous year;

      (b) The number of insurers who are required to pay an annual fee pursuant to this subsection;

      (c) The direct written premiums reported during the previous year by all insurers paying such fees; and

      (d) The budget of the Division.

      7.  An insurer who is not required to pay an initial or annual fee pursuant to subsection 4 or subsections 5 and 6 shall pay to the Commissioner an initial fee of $1,300 and an annual fee of $1,300.

      Sec. 3. (Deleted by amendment.)

      Sec. 4. NRS 683A.242 is hereby amended to read as follows:

      683A.242  1.  An applicant for, or holder of, a license issued pursuant to NRS 683A.265 is not required to pass a written examination or meet any [prelicensing education or] continuing education requirements to receive or renew a license.

      2.  A travel retailer who is listed in the register maintained pursuant to NRS 683A.3685 or any employee or authorized representative of such a travel retailer who is listed in the register of a producer of limited lines travel insurance, is not required to pass any written examination or complete any education requirements other than the program of instruction or training required by paragraph (f) of subsection 1 of NRS 683A.369.

 


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      Sec. 5. NRS 683A.251 is hereby amended to read as follows:

      683A.251  1.  The Commissioner shall prescribe the form of application by a natural person for a license as a resident producer of insurance. The applicant must declare, under penalty of refusal to issue, or suspension or revocation of, the license, that the statements made in the application are true, correct and complete to the best of his or her knowledge and belief. Before approving the application, the Commissioner must find that the applicant has:

      (a) Attained the age of 18 years;

      (b) Not committed any act that is a ground for refusal to issue, or suspension or revocation of, a license;

      (c) [Completed a course of study for the lines of authority for which the application is made, unless the applicant is exempt from this requirement;

      (d)] Paid all applicable fees prescribed for the license, which may not be refunded; and

      [(e)] (d) Successfully passed the examinations for the lines of authority for which application is made, unless the applicant is exempt from this requirement.

      2.  A business organization must be licensed as a producer of insurance in order to act as such. Application must be made on a form prescribed by the Commissioner. Before approving the application, the Commissioner must find that the applicant has:

      (a) Paid all applicable fees prescribed for the license, which may not be refunded;

      (b) Designated a natural person who is licensed as a producer of insurance and who is authorized to transact business on behalf of the business organization to be responsible for the organization’s compliance with the laws and regulations of this State relating to insurance; and

      (c) [If the business organization has authorized a producer of insurance not designated pursuant to paragraph (b) to transact business on behalf of the business organization, submitted to the Commissioner on a form prescribed by the Commissioner the name of each producer of insurance authorized to transact business on behalf of the business organization; and

      (d)] Established and maintains a valid electronic mail address at the applicant’s own expense.

      3.  A natural person who is a resident of this State applying for a license must, as part of his or her application and at the applicant’s own expense:

      (a) Arrange to have a complete set of his or her fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Commissioner;

      (b) Submit to the Commissioner:

             (1) A completed fingerprint card and written permission authorizing the Commissioner to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Commissioner deems necessary; or

             (2) Written verification, on a form prescribed by the Commissioner, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Commissioner deems necessary; and

 


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fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Commissioner deems necessary; and

      (c) Establish and maintain a valid electronic mail address.

      4.  The Commissioner may:

      (a) Unless the applicant’s fingerprints are directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection 3, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Commissioner deems necessary;

      (b) Request from each such agency any information regarding the applicant’s background as the Commissioner deems necessary; and

      (c) Adopt regulations concerning the procedures for obtaining this information.

      5.  The Commissioner may require any document reasonably necessary to verify information contained in an application.

      Sec. 6. NRS 683A.261 is hereby amended to read as follows:

      683A.261  1.  Unless the Commissioner refuses to issue the license under NRS 683A.451, the Commissioner shall issue a license as a producer of insurance to a person who has satisfied the requirements of NRS 683A.241 and 683A.251. A producer of insurance may qualify for a license in one or more of the lines of authority permitted by statute or regulation, including:

      (a) Life insurance on human lives, which includes benefits from endowments and annuities and may include additional benefits from death by accident and benefits for dismemberment by accident and for disability income.

      (b) Accident and health insurance for sickness, bodily injury or accidental death, which may include benefits for disability income.

      (c) Property insurance for direct or consequential loss or damage to property of every kind.

      (d) Casualty insurance against legal liability, including liability for death, injury or disability and damage to real or personal property. For the purposes of a producer of insurance, this line of insurance includes surety indemnifying financial institutions or providing bonds for fidelity, performance of contracts or financial guaranty.

      (e) Variable annuities and variable life insurance, including coverage reflecting the results of a separate investment account.

      (f) Credit insurance, including credit life, credit accident and health, credit property, credit involuntary unemployment, guaranteed asset protection, and any other form of insurance offered in connection with an extension of credit that is limited to wholly or partially extinguishing the obligation which the Commissioner determines should be considered as limited-line credit insurance.

      (g) Personal lines, consisting of automobile and motorcycle insurance and residential property insurance, including coverage for flood, of personal watercraft and of excess liability, written over one or more underlying policies of automobile or residential property insurance.

      (h) [Fixed annuities, including, without limitation, indexed annuities, as a limited line.

      (i)] Travel insurance, as defined in NRS 683A.197, as a limited line.

      [(j)] (i) Rental car [agency] as a limited line.

 


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      [(k)] (j) Portable electronics as a limited line.

      [(l)] (k) Crop as a limited line.

      2.  A license as a producer of insurance remains in effect unless revoked, suspended or otherwise terminated if a request for a renewal is submitted on or before the date for the renewal specified on the license, all applicable fees for renewal are paid for each license [and each authorization to transact business on behalf of a business organization licensed pursuant to subsection 2 of NRS 683A.251,] and any requirement for education or any other requirement to renew the license is satisfied by the date specified on the license for the renewal. A producer of insurance may submit a request for a renewal of his or her license within 30 days after the date specified on the license for the renewal if the producer of insurance otherwise complies with the provisions of this subsection and pays, in addition to any fee paid pursuant to this subsection, a penalty of 50 percent of all applicable renewal fees, except for any fee required pursuant to NRS 680C.110. A license as a producer of insurance expires if the Commissioner receives a request for a renewal of the license more than 30 days after the date specified on the license for the renewal. A fee paid pursuant to this subsection is nonrefundable.

      3.  A natural person who allows his or her license as a producer of insurance to expire may reapply for the same license within 12 months after the date specified on the license for a renewal without passing a written examination [or completing a course of study required by paragraph (c) of subsection 1 of NRS 683A.251,] but any continuing education requirements must be met and a penalty of twice all applicable renewal fees, except for any fee required pursuant to NRS 680C.110, is required for any request for a renewal of the license that is received after the date specified on the license for the renewal.

      4.  A licensed producer of insurance who is unable to renew his or her license because of military service, extended medical disability or other extenuating circumstance may request a waiver of the time limit and of any fine or sanction otherwise required or imposed because of the failure to renew.

      5.  A license must state the licensee’s name, address, personal identification number, the date of issuance, the lines of authority and the date of expiration and must contain any other information the Commissioner considers necessary. The license must be made available for public inspection upon request.

      6.  A licensee shall inform the Commissioner of each change of business, residence or electronic mail address, in writing or by other means acceptable to the Commissioner, within 30 days after the change. If a licensee changes his or her business, residence or electronic mail address without giving written notice and the Commissioner is unable to locate the licensee after diligent effort, the Commissioner may revoke the license without a hearing. The mailing of a letter by certified mail, return receipt requested, addressed to the licensee at his or her last mailing address appearing on the records of the Division, and the return of the letter undelivered, constitutes a diligent effort by the Commissioner.

      Sec. 7. NRS 683A.291 is hereby amended to read as follows:

      683A.291  1.  An applicant for licensing in this state as a producer of insurance who was previously licensed for the same lines of authority in another state need not complete any education or examination if the applicant is currently licensed in that state or, if the application is received within 90 days after the cancellation of the license, the other state certifies that the applicant was in good standing at the time of cancellation.

 


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is currently licensed in that state or, if the application is received within 90 days after the cancellation of the license, the other state certifies that the applicant was in good standing at the time of cancellation. Alternatively, the exemption is available if the records of the National Association of Insurance Commissioners show that the applicant is or was licensed and in good standing for the lines of authority requested.

      2.  An examination is not required for a producer of insurance who confines his or her activity to insurance categorized as limited line, credit, travel, portable electronics [, baggage or fixed annuity, or covering vehicles leased for a short term.] or rental car.

      3.  A person licensed in another state who moves to this state and desires to become licensed as a resident producer of insurance with the benefit of the exemption provided in subsection 1 must apply for licensing within 90 days after establishing legal residence.

      Sec. 8. NRS 683C.030 is hereby amended to read as follows:

      683C.030  1.  An application for a license to act as an insurance consultant must be submitted to the Commissioner on forms prescribed by the Commissioner and must be accompanied by the applicable license fee set forth in NRS 680B.010 and, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110. The license fee set forth in NRS 680B.010 is not refundable. If the applicant is a natural person, the application must include the social security number of the applicant.

      2.  An applicant for an insurance consultant’s license must successfully complete an examination [and a course of instruction] which the Commissioner shall establish by regulation.

      3.  Each license issued pursuant to this chapter is valid for 3 years from the date of issuance or until it is suspended, revoked or otherwise terminated, and each insurance consultant must pay, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110.

      Sec. 9. NRS 683C.035 is hereby amended to read as follows:

      683C.035  1.  The Commissioner shall prescribe the form of application by a natural person for a license as an insurance consultant. The applicant must declare, under penalty of refusal to issue, or suspension or revocation of, the license, that the statements made in the application are true, correct and complete to the best of his or her knowledge and belief. Before approving the application, the Commissioner must find that the applicant has:

      (a) Attained the age of 18 years.

      (b) Not committed any act that is a ground for refusal to issue, or suspension or revocation of, a license pursuant to NRS 683A.451.

      (c) Paid all applicable fees prescribed for the license, which may not be refunded.

      (d) Passed each examination required for the license [and successfully completed each course of instruction which the Commissioner requires by regulation,] unless the applicant is a resident of another state and holds a similar license in that state.

      2.  A business organization must be licensed as an insurance consultant in order to act as such. Application must be made on a form prescribed by the Commissioner. Before approving the application, the Commissioner must find that the applicant has:

      (a) Paid all applicable fees prescribed for the license, which may not be refunded; and

 


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      (b) Designated a natural person who is licensed as an insurance consultant in this State and who is affiliated with the business organization to be responsible for the organization’s compliance with the laws and regulations of this State relating to insurance.

      3.  The Commissioner may require any document reasonably necessary to verify information contained in an application.

      4.  A license issued pursuant to this chapter is valid for 3 years after the date of issuance or until it is suspended, revoked or otherwise terminated.

      5.  An insurance consultant may qualify for a license pursuant to this chapter in one or more of the lines of authority set forth in paragraphs (a) to (d), inclusive, of subsection 1 of NRS 683A.261.

      Sec. 10. (Deleted by amendment.)

      Sec. 11. NRS 684A.020 is hereby amended to read as follows:

      684A.020  1.  Except as otherwise provided in subsection 2, “adjuster” means any person who, for compensation, including, without limitation, a fee or commission, investigates and settles, and reports to his or her principal relative to, claims:

      (a) Arising under insurance contracts for property, casualty or surety coverage, including, without limitation, workers’ compensation coverage, on behalf solely of the insurer or the insured; or

      (b) Against a self-insurer who is providing similar coverage.

      2.  For the purposes of this chapter:

      (a) [An associate adjuster, as defined in NRS 684A.030;

      (b)] An attorney at law who adjusts insurance losses from time to time incidental to the practice of his or her profession;

      [(c)] (b) An adjuster of ocean marine losses;

      [(d)] (c) A salaried employee of an insurer, unless the employee:

             (1) Investigates, negotiates or settles workers’ compensation claims; and

             (2) Obtains a license pursuant to this chapter;

      [(e)] (d) A salaried employee of a managing general agent maintaining an underwriting office in this state;

      [(f)] (e) An employee of an independent adjuster or an employee of an affiliate of an independent adjuster who is one of not more than 25 such employees under the supervision of an independent adjuster or licensed agent and who:

             (1) Collects information relating to a claim for coverage arising under an insurance contract from or furnishes such information to an insured or a claimant; and

             (2) Conducts data entry, including, without limitation, entering data into an automated claims adjudication system;

      [(g)] (f) A licensed agent who supervises not more than 25 employees described in paragraph [(f);] (e);

      [(h)] (g) A person who is employed only to collect factual information concerning a claim for coverage arising under an insurance contract;

      [(i)] (h) A person who is employed solely to obtain facts surrounding a claim or to furnish technical assistance to a licensed independent adjuster;

      [(j)] (i) A person who is employed to investigate suspected fraudulent insurance claims but who does not adjust losses or determine the payment of claims;

      [(k)] (j) A person who performs only executive, administrative, managerial or clerical duties, or any combination thereof, but does not investigate, negotiate or settle claims with a policyholder or claimant or the legal representative of a policyholder or claimant;

 


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investigate, negotiate or settle claims with a policyholder or claimant or the legal representative of a policyholder or claimant;

      [(l)] (k) A licensed health care provider or any employee thereof who provides managed care services if those services do not include the determination of compensability;

      [(m)] (l) A managed care organization or any employee thereof or an organization that provides managed care services or any employee thereof if the services provided do not include the determination of compensability;

      [(n)] (m) A person who settles only reinsurance or subrogation claims;

      [(o)] (n) A broker, agent or representative of a risk retention group;

      [(p)] (o) An attorney-in-fact of a reciprocal insurer;

      [(q)] (p) A manager of a branch office of an alien insurer that is located in the United States; or

      [(r)] (q) A person authorized to adjust claims under the authority of a third-party administrator who holds a certificate of registration issued by the Commissioner pursuant to NRS 683A.08524, unless the person investigates, negotiates or settles workers’ compensation claims,

Ê is not considered an adjuster.

      Sec. 12. NRS 684A.030 is hereby amended to read as follows:

      684A.030  1.  “Independent adjuster” means an adjuster who is representing the interests of an insurer or a self-insurer and who:

      (a) Contracts for compensation with the insurer or self-insurer as an independent contractor or an employee of an independent contractor;

      (b) Is treated for tax purposes by the insurer or self-insurer in a manner consistent with an independent contractor rather than an employee; and

      (c) Investigates, negotiates or settles property, casualty or surety claims, including, without limitation, workers’ compensation claims, for the insurer or self-insurer.

      2.  “Public adjuster” means an adjuster employed by and representing solely the financial interests of the insured named in the policy. The term does not include an adjuster who investigates, negotiates or settles workers’ compensation claims.

      3.  “Company adjuster” means a salaried employee of an insurer who:

      (a) Investigates, negotiates or settles property, casualty or surety claims, including, without limitation, workers’ compensation claims; and

      (b) Obtains a license pursuant to this chapter.

      4.  “Staff adjuster” means a person who investigates, negotiates or settles workers’ compensation claims under the authority of a third-party administrator who holds a certificate of registration issued by the Commissioner pursuant to NRS 683A.08524.

      [5.  “Associate adjuster” means an employee of an adjuster who, under the direct supervision of the adjuster, assists in the investigation and settlement of insurance losses on behalf of his or her employer.]

      Sec. 13. NRS 684A.035 is hereby amended to read as follows:

      684A.035  1.  The provisions of NRS 683A.341 and 686A.310 apply to adjusters . [and associate adjusters.]

      2.  For the purposes of subsection 1, unless the context requires that a section apply only to producers of insurance or insurers, any reference in those sections to “producer of insurance” or “insurer” must be replaced by a reference to “adjuster [or associate adjuster.”]

 


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      Sec. 14. NRS 684A.040 is hereby amended to read as follows:

      684A.040  1.  Except as otherwise provided in NRS 684A.060, no person may act as, or hold himself or herself out to be, an adjuster [or associate adjuster] in this State unless then licensed as such under the applicable adjuster’s license [or associate adjuster’s license, as the case may be,] issued under the provisions of this chapter.

      2.  Any person violating the provisions of this section is guilty of a gross misdemeanor.

      3.  Except as otherwise provided in NRS 684A.060, a person who acts as an adjuster in this State without a license is subject to an administrative fine of not more than $1,000 for each violation.

      4.  A salaried employee of an insurer who investigates, negotiates or settles workers’ compensation claims may, but is not required to, obtain a license as a company adjuster pursuant to this chapter. The provisions of subsections 1, 2 and 3 do not apply to a salaried employee of an insurer.

      Sec. 15. NRS 684A.070 is hereby amended to read as follows:

      684A.070  1.  For the protection of the people of this State, the Commissioner may not issue or continue any license as an adjuster except in compliance with the provisions of this chapter. Any person for whom a license is issued or continued must:

      (a) Be at least 18 years of age;

      (b) Be eligible to declare this State as his or her home state;

      (c) Be competent, trustworthy, financially responsible and of good reputation, as determined by the Commissioner;

      (d) Never have been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion or conspiracy to defraud;

      (e) Except as otherwise provided in subsection 4, never have committed any act that is a ground for refusal to issue, suspension or revocation of a license pursuant to NRS 683A.451;

      (f) Unless exempted pursuant to NRS 684A.100 or 684A.105, successfully [complete a prelicensing course of study prescribed by the Commissioner by regulation and] pass all examinations required under this chapter; [and]

      (g) Not be concurrently licensed as a producer of insurance for property, casualty or surety or a surplus lines broker, except as a bail agent [.] ; and

      (h) Establish and maintain a valid electronic mail address.

      2.  A natural person who is a resident of this State applying for a license must, as part of his or her application and at the applicant’s own expense:

      (a) Arrange to have a complete set of his or her fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Commissioner; and

      (b) Submit to the Commissioner:

             (1) A completed fingerprint card and written permission authorizing the Commissioner to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Commissioner deems necessary; or

             (2) Written verification, on a form prescribed by the Commissioner, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Commissioner deems necessary.

 


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that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Commissioner deems necessary.

      3.  The Commissioner may:

      (a) Unless the applicant’s fingerprints are directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection 2, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Commissioner deems necessary;

      (b) Request from each such agency any information regarding the applicant’s background as the Commissioner deems necessary; and

      (c) Adopt regulations concerning the procedures for obtaining this information.

      4.  The Commissioner may waive the requirements of paragraph (d) or (e) of subsection 1 for good cause shown.

      [5.  For the purposes of paragraph (f) of subsection 1, the Commissioner shall adopt regulations establishing a prelicensing course of study for an adjuster.]

      Sec. 16. NRS 684A.130 is hereby amended to read as follows:

      684A.130  1.  Each license issued under this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. A license may be renewed upon payment of all applicable fees for renewal to the Commissioner, completion of any other requirement for renewal of the license specified in this chapter and submission of the statement required pursuant to NRS 684A.143 if the licensee is a natural person. The statement, if required, must be submitted, all requirements must be completed and all applicable fees must be paid on or before the last day of the month in which the license is renewable.

      2.  Any license not so renewed expires at midnight on the last day specified for its renewal. The Commissioner may accept a request for renewal received by the Commissioner within 30 days after the expiration of the license if the request is accompanied by:

      (a) A fee for renewal of 150 percent of all applicable fees otherwise required, except for any fee required pursuant to NRS 680C.110 and subsection 2 of NRS 684A.050;

      (b) If the person requesting renewal is a natural person, the statement required pursuant to NRS 684A.143;

      (c) Proof of successful completion of any requirement for an examination unless exempt pursuant to NRS 684A.105; and

      (d) If applicable, a request for a waiver of the time limit for renewal and of any fine or sanction otherwise required or imposed because of the failure of the licensee to renew his or her license because of military service, extended medical disability or other extenuating circumstance.

      3.  An adjuster who is unable to comply with the procedures and requirements to renew a license due to military service, long-term medical disability or some other extenuating circumstance may request waiver of same and a waiver of any requirement relating to an examination, fine or other sanction imposed for failure to comply with such procedures or requirements.

 


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      4.  An adjuster shall inform the Commissioner by any means acceptable to the Commissioner of any change in the residence address or business address for the home state or in the legal name of the adjuster within 30 days of the change.

      5.  In order to assist in the performance of the duties of the Commissioner, the Commissioner may contract with nongovernmental entities, including, without limitation, the National Association of Insurance Commissioners or its affiliates or subsidiaries, to perform any ministerial function, including, without limitation, the collection of fees and data, related to licensing that the Commissioner may deem appropriate.

      6.  This section does not apply to temporary licenses issued under NRS 684A.150.

      Sec. 17. NRS 684A.143 is hereby amended to read as follows:

      684A.143  1.  A natural person who applies for the issuance or renewal of a license as an adjuster shall submit to the Commissioner 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 Commissioner 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 [;] as an adjuster; or

      (b) A separate form prescribed by the Commissioner.

      3.  A license as an adjuster may not be issued or renewed by the Commissioner if the applicant is a natural person who:

      (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 Commissioner 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.

      [5.  As used in this section, “license” means:

      (a) A license as an adjuster; and

      (b) A license as an associate adjuster.]

      Sec. 18. NRS 684A.147 is hereby amended to read as follows:

      684A.147  1.  If the Commissioner 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 [,] as an adjuster, the Commissioner shall deem the 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 Commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

 


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stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Commissioner shall reinstate a license as an adjuster that has been suspended by a district court pursuant to NRS 425.540 if the Commissioner receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      [3.  As used in this section, “license” means:

      (a) A license as an adjuster; and

      (b) A license as an associate adjuster.]

      Sec. 19. NRS 684A.170 is hereby amended to read as follows:

      684A.170  1.  Every adjuster who is a resident of this State shall have and maintain in this state a place of business accessible to the public and from which the licensee principally conducts transactions under his or her license. The address of such place shall appear upon the application for a license and upon the license, when issued, and the licensee shall promptly notify the Commissioner in writing of any change thereof. Nothing in this section shall prohibit the maintenance of such place in the licensee’s residence in this state.

      2.  The license of the licensee [and those of associate adjusters employed by the licensee] shall be conspicuously displayed in such place of business in a part thereof customarily open to the public.

      Sec. 20. NRS 684A.210 is hereby amended to read as follows:

      684A.210  1.  The Commissioner may suspend, revoke, limit or refuse to continue any adjuster’s license : [or associate adjuster’s license:]

      (a) For any cause specified in any other provision of this chapter;

      (b) For any applicable cause for revocation of the license of a producer of insurance under NRS 683A.451; or

      (c) If the licensee has for compensation represented or attempted to represent both the insurer and the insured in the same transaction.

      2.  The license of a business entity may be suspended, revoked, limited or continuation refused for any cause which relates to any individual designated with respect to the license to exercise its powers.

      3.  The holder of any license which has been suspended or revoked shall forthwith surrender the license to the Commissioner.

      Sec. 21. NRS 684A.220 is hereby amended to read as follows:

      684A.220  NRS 683A.451, 683A.461 and 683A.480 also apply to suspension, revocation, limitation or refusal to continue adjusters’ licenses , [and associate adjusters’ licenses,] except where in conflict with the express provisions of this chapter.

      Secs. 22-28. (Deleted by amendment.)

      Sec. 29. NRS 695C.055 is hereby amended to read as follows:

      695C.055  1.  The provisions of NRS 449.465, 679A.200, 679B.700, subsections 6 and 7 of NRS 680A.270, subsections 2, 4, 18, 19 and [32] 31 of NRS 680B.010, NRS 680B.020 to 680B.060, inclusive, chapter 686A of NRS, NRS 687B.500 and chapters 692C and 695G of NRS apply to a health maintenance organization.

      2.  For the purposes of subsection 1, unless the context requires that a provision apply only to insurers, any reference in those sections to “insurer” must be replaced by “health maintenance organization.”

      Secs. 30 and 31. (Deleted by amendment.)

 


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      Sec. 32. NRS 695J.260 is hereby amended to read as follows:

      695J.260  1.  If an exchange enrollment facilitator fails to obtain an appointment by the Exchange within 30 days after the date on which the certificate was issued, the exchange enrollment facilitator’s certificate expires and the exchange enrollment facilitator shall promptly deliver his or her certificate to the Commissioner.

      2.  If the Exchange terminates an exchange enrollment facilitator’s appointment, the exchange enrollment facilitator is prohibited from engaging in the business of an exchange enrollment facilitator . [under his or her certificate until such time as the exchange enrollment facilitator receives a new appointment by the Exchange. If the exchange enrollment facilitator does not obtain a new appointment by the Exchange within 30 days after the date the appointment was terminated, the exchange enrollment facilitator’s certificate expires and the exchange enrollment facilitator shall promptly deliver his or her certificate to the Commissioner.]

      3.  Except as otherwise provided in subsection 4, if the Exchange terminates the appointment of an entity other than a natural person:

      (a) The appointments of exchange enrollment facilitators named on the entity’s appointment also terminate; and

      (b) The exchange enrollment facilitator is prohibited from engaging in the business of an exchange enrollment facilitator under his or her certificate . [until such time as the exchange enrollment facilitator receives a new appointment by the Exchange. If the exchange enrollment facilitator does not obtain a new appointment by the Exchange within 30 days after the date on which the appointment was terminated, the exchange enrollment facilitator’s certificate expires and the exchange enrollment facilitator shall promptly deliver his or her certificate to the Commissioner.]

      4.  The provisions of subsection 3 do not apply to any appointments the exchange enrollment facilitator may have individually or through an entity other than the terminated entity.

      5.  Upon the termination of an appointment for an entity or certificate holder, the Executive Director of the Exchange shall notify the Commissioner of the effective date of the termination and the grounds for termination.

      Sec. 33. (Deleted by amendment.)

      Sec. 34. NRS 648.018 is hereby amended to read as follows:

      648.018  Except as to polygraphic examiners and interns, this chapter does not apply:

      1.  To any detective or officer belonging to the law enforcement agencies of the State of Nevada or the United States, or of any county or city of the State of Nevada, while the detective or officer is engaged in the performance of his or her official duties.

      2.  To special police officers appointed by the police department of any city, county, or city and county within the State of Nevada while the officer is engaged in the performance of his or her official duties.

      3.  To insurance adjusters [and their associate adjusters] licensed pursuant to the Nevada Insurance Adjusters Law who are not otherwise engaged in the business of private investigators.

      4.  To any private investigator, private patrol officer, process server, dog handler or security consultant employed by an employer regularly in connection with the affairs of that employer if a bona fide employer-employee relationship exists, except as otherwise provided in NRS 648.060, 648.140 and 648.203.

 


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      5.  To a repossessor employed exclusively by one employer regularly in connection with the affairs of that employer if a bona fide employer-employee relationship exists, except as otherwise provided in NRS 648.060, 648.140 and 648.203.

      6.  To a person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons.

      7.  To a charitable philanthropic society or association incorporated under the laws of this State which is organized and maintained for the public good and not for private profit.

      8.  To an attorney at law in performing his or her duties as such.

      9.  To a collection agency unless engaged in business as a repossessor, licensed by the Commissioner of Financial Institutions, or an employee thereof while acting within the scope of his or her employment while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or his or her assets and of property which the client has an interest in or lien upon.

      10.  To admitted insurers and agents and insurance brokers licensed by the State, performing duties in connection with insurance transacted by them.

      11.  To any bank organized pursuant to the laws of this State or to any national bank engaged in banking in this State.

      12.  To any person employed to administer a program of supervision for persons who are serving terms of residential confinement.

      13.  To any commercial registered agent, as defined in NRS 77.040, who obtains copies of, examines or extracts information from public records maintained by any foreign, federal, state or local government, or any agency or political subdivision of any foreign, federal, state or local government.

      14.  To any holder of a certificate of certified public accountant issued by the Nevada State Board of Accountancy pursuant to chapter 628 of NRS while performing his or her duties pursuant to the certificate.

      15.  To a person performing the repair or maintenance of a computer who performs a review or analysis of data contained on a computer solely for the purposes of diagnosing a computer hardware or software problem and who is not otherwise engaged in the business of a private investigator.

      16.  To any person who for any consideration engages in business or accepts employment to provide information security.

      Sec. 35. (Deleted by amendment.)

      Sec. 36.  NRS 684A.140 is hereby repealed.

      Sec. 37.  This act becomes effective upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and on January 1, 2020, for all other purposes.

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CHAPTER 504, SB 90

Senate Bill No. 90–Committee on Commerce and Labor

 

CHAPTER 504

 

[Approved: June 7, 2019]

 

AN ACT relating to the health of children; revising requirements relating to the testing of children for lead; establishing the Diapering Resources Account and providing for the distribution of money from the Account to provide diapers and diapering supplies to low-income families; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Department of Health and Human Services to encourage certain providers of health care or other services to perform a test to determine the amount of lead in the blood of each child receiving services from the provider at certain times. Existing law also requires: (1) certain tests that indicate an elevated amount of lead in the blood to be confirmed by a second test; and (2) each qualified laboratory that conducts a blood test for the presence of lead in a child to report the results to the appropriate health authority. (NRS 442.700) Section 23 of this bill revises the conditions under which the results of a test are considered to indicate an elevated amount of lead in the blood. Section 23 also requires offices of providers of health care or other services and medical facilities to report the results of tests of children for lead to the health authority and prescribes the required contents of such a report.

      Existing law requires the Director of the Department of Health and Human Services to appoint a committee to research opportunities to increase the availability of diapers and diapering supplies to recipients of public assistance and other low-income families in this State. (NRS 422A.660) Section 29.5 of this bill creates the Diapering Resources Account and requires the money in the Account to be expended to provide diapers and diapering supplies to such persons. Section 29.5 requires the State Board of Health, upon the recommendation of the committee, to adopt regulations prescribing: (1) the criteria for determining whether a person qualifies for assistance from the Account; and (2) the procedure for distributing money from the Account. Section 29.5 also requires the Division of Public and Behavioral Health of the Department to submit to the Legislature an annual report concerning the use of the money in the Account.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-22. (Deleted by amendment.)

      Sec. 23. NRS 442.700 is hereby amended to read as follows:

      442.700  1.  The Department shall encourage each provider of health care or other services who:

      (a) Is qualified to conduct blood tests during the course of his or her practice to perform, or cause to be performed, a test to determine the amount of lead in the blood of each child receiving services from the provider of health care or other services when the child:

             (1) Reaches 12 and 24 months of age, respectively; or

             (2) At least once before the child reaches 6 years of age.

      (b) Provides early and periodic screening, diagnostic and treatment services to a child in accordance with 42 U.S.C. §§ 1396 et seq. to conduct, or cause to be conducted, a screening for the amount of lead in the blood of the child in accordance with the guidelines of the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services.

 


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Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services.

      2.  Any result of a blood test specified in subsection 1 which is obtained by using a capillary specimen and which indicates an amount of lead in the blood that is greater than [10 ug/dL] the amount designated by the Council of State and Territorial Epidemiologists or, if that organization ceases to exist, an organization designated by regulation of the State Board of Health, as indicating an elevated amount of lead must, as soon as practicable after the result is obtained, be confirmed by a second test using a sample of blood from a vein of the child.

      3.  Each qualified laboratory , office of a provider of health care or other services or medical facility that conducts a blood test for the presence of lead in a child who is under 18 years of age shall, as soon as practicable after conducting the test, submit a report of the results of the test to the appropriate health authority in accordance with regulations adopted by the State Board of Health. The report must include, without limitation:

      (a) The name, sex, race, ethnicity and date of birth of the child;

      (b) The address of the child, including, without limitation, the county and zip code in which the child resides;

      (c) The date on which the sample was collected;

      (d) The type of sample that was collected; and

      (e) The name and contact information of the provider of health care who ordered the test.

      4.  As used in this [subsection, “health] section:

      (a) “Health authority” has the meaning ascribed to it in NRS 441A.050.

      (b) “Medical facility” has the meaning ascribed to it in NRS 449.0151.

      Secs. 24-29. (Deleted by amendment.)

      Sec. 29.5. Chapter 422A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Diapering Resources Account is hereby created in the State General Fund. The Administrator of the Division of Public and Behavioral Health of the Department shall administer the Account.

      2.  Except as otherwise provided in subsection 3, the money in the Account must be expended to provide diapers and diapering supplies to recipients of public assistance and other low-income families in this State. The State Board of Health shall, upon the recommendation of the committee established pursuant to NRS 422A.660, adopt regulations prescribing:

      (a) The criteria for determining whether a person qualifies for assistance from the Account; and

      (b) The procedure for distributing money from the Account.

      3.  The Administrator may apply for and accept any gift, donation, bequest, grant or other source of money for the purpose prescribed by subsection 2. Any money so received must be deposited in the Account.

      4.  The interest and income earned on money in the Account from any gift, donation or bequest, after deducting any applicable charges, must be credited to the Account.

      5.  Money in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      6.  On or before December 31 of each year, the Division shall:

      (a) Develop a report concerning the manner in which the money in the Account was distributed during the immediately preceding year, the persons to whom such money was distributed and the manner in which such money was used; and

 


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year, the persons to whom such money was distributed and the manner in which such money was used; and

      (b) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to:

             (1) In odd-numbered years, the Interim Finance Committee; and

             (2) In even-numbered years, the next regular session of the Legislature.

      Secs. 30-32. (Deleted by amendment.)

      Sec. 33.  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. 34. (Deleted by amendment.)

      Sec. 35.  This act becomes effective on July 1, 2019.

________

CHAPTER 505, SB 93

Senate Bill No. 93–Committee on Health and Human Services

 

CHAPTER 505

 

[Approved: June 7, 2019]

 

AN ACT relating to persons with disabilities; transferring the Nevada Commission for Persons Who Are Deaf, Hard of Hearing or Speech Impaired from the Office of the Governor to the Aging and Disability Services Division of the Department of Health and Human Services; revising the name and membership of the Commission; making the Executive Director of the Commission a full-time, paid position; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Nevada Commission for Persons Who Are Deaf, Hard of Hearing or Speech Impaired within the Office of the Governor. The Commission consists of persons with knowledge of issues relating to communications disabilities who are appointed by the Governor. The Commission is required to: (1) advise state and local governmental entities concerning programs for persons with communications disabilities and compliance with laws and regulations concerning such persons; and (2) provide information to such persons concerning services and resources that promote equality for such persons. The Commission is authorized to perform certain other duties relating to such persons. (NRS 427A.750) Section 1 of this bill transfers the Commission from the Office of the Governor to the Aging and Disability Services Division of the Department of Health and Human Services. Sections 1 and 2 of this bill change the name of the Commission to the Nevada Commission for Persons Who Are Deaf and Hard of Hearing. Section 2 also revises the membership of the Commission.

      Existing law requires the Governor to appoint the Director of the Commission, who serves without compensation and performs such duties as are directed by the Commission. (NRS 427A.752) Section 3 of this bill: (1) changes the title of this position to “Executive Director”; (2) requires the Administrator of the Aging and Disability Services Division of the Department of Health and Human Services to appoint the Executive Director; and (3) makes the Executive Director a full-time, paid position in the unclassified service. Section 4 of this bill requires the compensation and other expenses of the Executive Director to be paid from the surcharge imposed on the access lines of telephone customers.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 427A.740 is hereby amended to read as follows:

      427A.740  As used in this section and NRS 427A.750 and 427A.752, unless the context otherwise requires, “Commission” means the Nevada Commission for Persons Who Are Deaf [,] and Hard of Hearing [or Speech Impaired] created by NRS 427A.750.

      Sec. 2. NRS 427A.750 is hereby amended to read as follows:

      427A.750  1.  The Nevada Commission for Persons Who Are Deaf [,] and Hard of Hearing [or Speech Impaired] is hereby created within the [Office of the Governor.] Division. The Commission consists of [nine] 11 members appointed by the Governor. The Governor shall consider recommendations made by the Nevada Commission on Services for Persons with Disabilities and appoint to the Nevada Commission for Persons Who Are Deaf [,] and Hard of Hearing : [or Speech Impaired:]

      (a) One nonvoting member who is employed by the State and who participates in the administration of the programs of this State that provide services to persons who are deaf, hard of hearing or speech impaired;

      (b) One member who is a member of the Nevada Association of the Deaf, or, if it ceases to exist, one member who represents an organization which has a membership of persons who are deaf, hard of hearing or speech-impaired;

      (c) One member who has experience with and knowledge of services for persons who are deaf, hard of hearing or speech-impaired;

      (d) One nonvoting member who is the Executive Director of the Nevada Telecommunications Association or, in the event of its dissolution, who represents the telecommunications industry;

      (e) [Three members] One member who [are users] is a user of telecommunications relay services or the services of persons engaged in the practice of interpreting or the practice of realtime captioning;

      (f) One member who is a parent of a child who is deaf, hard of hearing or speech-impaired; [and]

      (g) One member who represents educators in this State and has knowledge concerning the provision of communication services to persons who are deaf, hard of hearing or speech impaired in elementary, secondary and postsecondary schools and the laws concerning the provision of those services [.] ;

      (h) One member who represents an advocacy organization whose membership consists of persons who are deaf, hard of hearing or speech-impaired;

      (i) One member who is deaf or hard of hearing;

      (j) One member who specializes in issues relating to the employment of persons with disabilities; and

      (k) One member who is the parent or guardian of a child who is less than 6 years of age and is deaf or hard of hearing.

      2.  After the initial term, the term of each member is 3 years. A member may be reappointed.

 


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

      4.  The Commission shall:

      (a) At its first meeting and annually thereafter, elect a Chair from among its voting members; and

      (b) Meet at the call of the Governor or the Chair or a majority of its voting members as is necessary to carry out its responsibilities.

      5.  A majority of the voting members of the Commission constitutes a quorum for the transaction of business, and a majority of the voting members of a quorum present at any meeting is sufficient for any official action taken by the Commission.

      6.  Members of the Commission serve without compensation, except that each member is entitled, while engaged in the business of the Commission, to the per diem allowance and travel expenses provided for state officers and employees generally if funding is available for this purpose.

      7.  A member of the Commission who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation so that the person may prepare for and attend meetings of the Commission and perform any work necessary to carry out the duties of the Commission in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Commission to make up the time he or she is absent from work to carry out his or her duties as a member of the Commission or use annual vacation or compensatory time for the absence.

      8.  The Commission may:

      (a) Make recommendations to any state agency, including, without limitation, the Division, concerning the establishment and operation of programs for persons who are deaf, hard of hearing or speech impaired to ensure equal access to state programs and activities.

      (b) Recommend to the Governor any proposed legislation concerning persons who are deaf, hard of hearing or speech impaired.

      (c) Collect information concerning persons who are deaf, hard of hearing or speech impaired.

      (d) Create and annually review a 5-year strategic plan consisting of short-term and long-term goals for services provided by or on behalf of the Division. In creating and reviewing any such plan, the Commission must solicit input from various persons, including, without limitation, persons who are deaf, hard of hearing or speech impaired.

      (e) Review the goals, policies, programs and services of state agencies, including, without limitation, the Division, that serve persons who are deaf, hard of hearing or speech impaired and advise such agencies regarding such goals, policies, programs and services, including, without limitation, the outcomes of services provided to persons who are deaf, hard of hearing or speech impaired and the requirements imposed on providers.

      (f) Based on information collected by the Department of Education, advise the Department of Education on research and methods to ensure the availability of language and communication services for children who are deaf, hard of hearing or speech-impaired.

 


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      (g) Consult with the personnel of any state agency, including, without limitation, the Division, concerning any matter relevant to the duties of the Commission. A state agency shall make available to the Commission any officer or employee of the agency with which the Commission wishes to consult pursuant to this paragraph.

      9.  The Commission shall:

      (a) Make recommendations to the Division concerning the practice of interpreting and the practice of realtime captioning, including, without limitation, the adoption of regulations to carry out the provisions of chapter 656A of NRS.

      (b) Make recommendations to the Division concerning all programs and activities funded by the surcharge imposed pursuant to subsection 3 of NRS 427A.797.

      (c) Provide persons who are deaf, hard of hearing or speech impaired with information concerning services and resources that promote equality for such persons in education, employment and socialization and referrals for such services and resources;

      (d) Review the procedures and practices of state and local governmental entities to ensure that persons who are deaf, hard of hearing or speech impaired have equal access to resources and services provided by those governmental entities; and

      (e) Make recommendations to state and local governmental entities concerning:

             (1) Compliance with laws and regulations concerning persons who are deaf, hard of hearing or speech impaired, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.;

             (2) Improving the health, safety, welfare and comfort of persons who are deaf, hard of hearing or speech impaired; and

             (3) Integrating services and programs for persons who are deaf, hard of hearing or speech impaired and improving cooperation among state and local governmental entities that provide such services.

      10.  As used in this section:

      (a) “Practice of interpreting” has the meaning ascribed to it in NRS 656A.060.

      (b) “Practice of realtime captioning” has the meaning ascribed to it in NRS 656A.062.

      (c) “Telecommunications relay services” has the meaning ascribed to it in 47 C.F.R. § 64.601.

      Sec. 3. NRS 427A.752 is hereby amended to read as follows:

      427A.752  1.  The [Governor] Administrator shall appoint the Executive Director of the Commission. The Executive Director:

      (a) [Serves without compensation,] Is in the unclassified service of the State and serves at the pleasure of the [Governor.] Administrator.

      (b) Shall perform such duties as are directed by the Administrator, as advised by the Commission.

      (c) Must not be a member of the Commission.

      2.  The Division shall provide [the] any additional personnel, facilities, equipment and supplies required by the Commission to carry out the provisions of this section and NRS 427A.750.

      Sec. 4. NRS 427A.797 is hereby amended to read as follows:

      427A.797  1.  The Division shall develop and administer a program whereby:

 


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      (a) Any person who is a customer of a telephone company which provides service through a local exchange or a customer of a company that provides wireless phone service and who is certified by the Division to be deaf or to have severely impaired speech or hearing may obtain a device for telecommunication or other assistive technology capable of serving the needs of such persons at no charge to the customer beyond the rate for basic service;

      (b) Any person who is deaf or has severely impaired speech or hearing may communicate by telephone, including, without limitation, a wireless phone, or other means with other persons through a dual-party relay system or other assistive technology; and

      (c) Interpreters are made available, when possible, to the Executive, Judicial and Legislative Departments of State Government to assist those departments in providing access to persons who are deaf or hard of hearing. The Division shall, to the extent money is available, employ one or more interpreters in the unclassified service of the State for the purposes of this paragraph.

      2.  The program developed pursuant to subsection 1 must include the establishment of centers for persons who are deaf or hard of hearing that provide services which must include, without limitation:

      (a) Facilitating the provision and distribution of devices for telecommunication and other assistive technology to persons with impaired speech or hearing;

      (b) Assisting persons who are deaf or have severely impaired speech or hearing in accessing assistive devices, including, without limitation, hearing aids, electrolarynxes and devices for telecommunication and other assistive technology;

      (c) Expanding the capacity for service using devices for telecommunication and other assistive technology in areas where there is a need for such devices and technology and services for persons with impaired speech or hearing are not available;

      (d) Providing instruction in language acquisition to persons determined by the center to be eligible for services; and

      (e) Providing programs designed to increase access to education, employment and health and social services.

      3.  A surcharge of not more than 8 cents per month is hereby imposed on each access line of each customer to the local exchange of any telephone company providing such lines in this State and on each personal wireless access line of each customer of any company that provides wireless phone services in this State. The surcharge must be used to:

      (a) Cover the costs of the program;

      (b) Fund the centers for persons who are deaf or hard of hearing established pursuant to subsection 2; [and]

      (c) Cover the costs incurred by the Division to carry out the provisions of chapter 656A of NRS that are not covered by the civil penalties received by the Division pursuant to NRS 656A.800 [.] ; and

      (d) Cover the costs of the compensation and other expenses of the Executive Director of the Nevada Commission for Persons Who are Deaf and Hard of Hearing pursuant to NRS 427A.752.

Ê The Public Utilities Commission of Nevada shall establish by regulation the amount to be charged. Those companies shall collect the surcharge from their customers and transfer the money collected to the Commission pursuant to regulations adopted by the Commission.

 


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their customers and transfer the money collected to the Commission pursuant to regulations adopted by the Commission.

      4.  The Account for Services for Persons With Impaired Speech or Hearing is hereby created within the State General Fund and must be administered by the Division. Any money collected from the surcharge imposed pursuant to subsection 3 must be deposited in the State Treasury for credit to the Account. The money in the Account may be used only:

      (a) For the purchase, maintenance, repair and distribution of the devices for telecommunication and other assistive technology, including the distribution of such devices and technology to state agencies and nonprofit organizations;

      (b) To establish and maintain the dual-party relay system;

      (c) To reimburse telephone companies and companies that provide wireless phone services for the expenses incurred in collecting and transferring to the Public Utilities Commission of Nevada the surcharge imposed by the Commission;

      (d) For the general administration of the program developed and administered pursuant to subsection 1;

      (e) To train persons in the use of the devices for telecommunication and other assistive technology;

      (f) To fund the centers for persons who are deaf or hard of hearing established pursuant to subsection 2; [and]

      (g) To cover the costs incurred by the Division to carry out the provisions of chapter 656A of NRS that are not covered by the civil penalties received by the Division pursuant to NRS 656A.800 [.] ; and

      (h) Cover the cost of the compensation and other expenses of the Executive Director of the Nevada Commission for Persons Who are Deaf and Hard of Hearing pursuant to NRS 427A.752.

      5.  For the purposes of this section:

      (a) “Device for telecommunication” means a device which is used to send messages through the telephone system, including, without limitation, the wireless phone system, which visually displays or prints messages received and which is compatible with the system of telecommunication with which it is being used.

      (b) “Dual-party relay system” means a system whereby persons who have impaired speech or hearing, and who have been furnished with devices for telecommunication, may relay communications through third parties to persons who do not have access to such devices.

      Sec. 5. (Deleted by amendment.)

      Sec. 6.  1.  Notwithstanding the amendatory provisions of this act, a member of the Nevada Commission for Persons Who Are Deaf, Hard of Hearing or Speech Impaired who was appointed pursuant to NRS 427A.750 as that section existed on June 30, 2019, and who is serving a term on July 1, 2019, is entitled to serve the remainder of the term to which he or she was appointed as a member of the Nevada Commission for Persons Who Are Deaf, Hard of Hearing or Speech Impaired created by NRS 427A.750, as amended by section 2 of this act. The Governor shall appoint to the Commission:

      (a) The member described in paragraph (h) of subsection 1 of NRS 427A.750, as amended by section 2 of this act, to replace the first member described in paragraph (e) of subsection 1 of NRS 427A.750 whose term expires after July 1, 2019.

 


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      (b) The member described in paragraph (i) of subsection 1 of NRS 427A.750, as amended by section 2 of this act, to replace the second member described in paragraph (e) of subsection 1 of NRS 427A.750 whose term expires after July 1, 2019.

      2.  As soon as practicable after July 1, 2019, the Governor shall appoint to the Commission for Persons Who Are Deaf and Hard of Hearing created by NRS 427A.750, as amended by section 2 of this act, the member pursuant to:

      (a) Paragraph (j) of subsection 1 of NRS 427A.750, as amended by section 2 of this act, to an initial term of 2 years.

      (b) Paragraph (k) of subsection 1 of NRS 427A.750, as amended by section 2 of this act, to an initial term of 3 years.

      Sec. 7.  This act becomes effective on July 1, 2019.

________

CHAPTER 506, SB 102

Senate Bill No. 102–Committee on Finance

 

CHAPTER 506

 

[Approved: June 7, 2019]

 

AN ACT making an appropriation for funding the participation of certain students who participate through the Western Regional Education Compact and will receive geriatric training; 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 Western Regional Higher Education Compact Account for 10 advanced practice registered nurse students who participate through the Western Regional Education Compact who will receive training on treating and understanding the special needs of elderly persons the following sums:

For the Fiscal Year 2019-2020............................................................ $77,000

For the Fiscal Year 2020-2021............................................................ $77,000

      Sec. 2.  Any balance of the sums appropriated by section 1 of this act 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.

      Sec. 3.  This act becomes effective on July 1, 2019.

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CHAPTER 507, SB 174

Senate Bill No. 174–Senator Ohrenschall

 

CHAPTER 507

 

[Approved: June 7, 2019]

 

AN ACT relating to disability services; requiring the Legislative Auditor to conduct an audit of the Medicaid program concerning the delivery of certain services; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Department of Health and Human Services to administer Medicaid. (NRS 422.270) Section 2 of this bill requires the Legislative Auditor to conduct an audit of the Department of Health and Human Services concerning the delivery of evidence-based services for persons with autism spectrum disorders during the 2019-2020 biennium.

 

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.  1.  The Legislative Auditor shall conduct an audit during the 2019-2021 biennium of the Medicaid program, including, without limitation, Medicaid managed care programs, the Autism Treatment Assistance Program and any other program or services provided through the Department of Health and Human Services concerning the delivery of evidence-based services for children with autism spectrum disorders. The audit must include, without limitation:

      (a) An analysis of the capacity of persons who provide such services and the wait times to receive such services;

      (b) An identification and assessment of factors, including, without limitation, rates of reimbursement, lack of providers of services, procedures for authorization of services and delays in obtaining assessments and diagnoses, that inhibit access to and delivery of such services; and

      (c) An analysis of revenues and expenditures relating to such services and any unspent money that has been appropriated for such services since July 1, 2015.

      2.  The Legislative Auditor shall present a final written report of the audit to the Audit Subcommittee of the Legislative Commission by not later than January 31, 2021.

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

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CHAPTER 508, SB 202

Senate Bill No. 202–Senators Dondero Loop, Spearman, Ohrenschall, Parks; Brooks, Cancela, Cannizzaro, Denis, D. Harris, Scheible and Woodhouse

 

CHAPTER 508

 

[Approved: June 7, 2019]

 

AN ACT relating to persons with disabilities; providing for the annual reporting of certain information relating to pupils with disabilities; requiring the provision of information concerning certain services to the parent or guardian of a pupil with a disability; requiring a study concerning processes for evaluating children with autism; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing federal law requires a school district to take certain actions to facilitate the education of pupils with disabilities. (20 U.S.C. § 1414(d), 29 U.S.C. § 794; 34 C.F.R. §§ 104.31-104.37) Section 10 of this bill requires the board of trustees of each school district and the governing body of each charter school to report to the Department of Education: (1) the number of pupils enrolled in each school in the district or charter school, as applicable, for whom the district has established a plan for such actions; and (2) the disabilities with which those pupils have been diagnosed. Section 10 requires the Department to compile a report of that information and post the report on the Internet. Section 10 also requires the provision of information concerning certain services for children with disabilities to the parent or guardian of each pupil for whom such a plan has been established.

      In 2007, the Legislature created the Nevada Autism Task Force to study and make recommendations to the Governor and the Legislature regarding the growing incidence of autism and ways to improve the delivery and coordination of autism services in this State. The Task Force was required to complete its review on or before August 1, 2008. (Section 40 of Assembly Bill No. 629, chapter 348, Statutes of Nevada 2007, p. 1674) Upon the expiration of the Task Force, the Governor issued an executive order establishing the Commission on Autism Spectrum Disorder to continue the work of the Task Force. (Executive Order Establishing the Commission on Autism Spectrum Disorder (11-19-2008)) The Governor has issued three additional executive orders extending the Commission through June 30, 2019. (Executive Orders 2011-21 (11-28-2011), 2015-26 (10-12-2015), 2018-29 (11-9-2018)) Section 12 of this bill requires the Commission or its successor organization to: (1) study the processes used to evaluate a child with autism for the purposes of the Autism Treatment Assistance Program, Medicaid and education; and (2) submit to the Legislative Committee on Health Care a report of recommendations for standardizing those processes by not later than September 1, 2020.

 

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. 10. Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  On or before July 1 of each year, the board of trustees of each school district and the governing body of each charter school shall report to the Department:

 


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      (a) The number of pupils enrolled in each school in the district or charter school, as applicable, during the immediately preceding school year who had an individualized education program or a plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; and

      (b) The disabilities with which those pupils were diagnosed.

      2.  On or before August 1 of each year, the Department shall compile a report of the information reported pursuant to subsection 1 and post the report on an Internet website maintained by the Department.

      3.  The Department shall provide to each school district and charter school in this State information concerning services for children with disabilities provided by the Aging and Disability Services Division of the Department of Health and Human Services. The board of trustees of a school district or the governing body of a charter school shall ensure that the information described in this subsection is provided to the parent or guardian of each pupil enrolled in the school district or charter school, as applicable, who has an individualized education program or a plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.

      Sec. 11. NRS 388.417 is hereby amended to read as follows:

      388.417  As used in NRS 388.417 to 388.515, inclusive [:] , and section 10 of this act:

      1.  “Communication mode” means any system or method of communication used by a person with a disability, including, without limitation, a person who is deaf or whose hearing is impaired, to facilitate communication which may include, without limitation:

      (a) American Sign Language;

      (b) English-based manual or sign systems;

      (c) Oral and aural communication;

      (d) Spoken and written English, including speech reading or lip reading; and

      (e) Communication with assistive technology devices.

      2.  “Dyslexia” means a neurological learning disability characterized by difficulties with accurate and fluent word recognition and poor spelling and decoding abilities that typically result from a deficit in the phonological component of language.

      3.  “Dyslexia intervention” means systematic, multisensory intervention offered in an appropriate setting that is derived from evidence-based research.

      4.  “Individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

      5.  “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

      6.  “Provider of special education” means a school within a school district or charter school that provides education or services to pupils with disabilities or any other entity that is responsible for providing education or services to a pupil with a disability for a school district or charter school.

      7.  “Pupil who receives early intervening services” means a person enrolled in kindergarten or grades 1 to 12, inclusive, who is not a pupil with a disability but who needs additional academic and behavioral support to succeed in a regular school program.

 


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      8.  “Pupil with a disability” means a “child with a disability,” as that term is defined in 20 U.S.C. § 1401(3)(A), who is under 22 years of age.

      9.  “Response to scientific, research-based intervention” means a collaborative process which assesses a pupil’s response to scientific, research-based intervention that is matched to the needs of a pupil and that systematically monitors the level of performance and rate of learning of the pupil over time for the purpose of making data-based decisions concerning the need of the pupil for increasingly intensified services.

      10.  “Specific learning disability” means a disorder in one or more of the basic psychological processes involved in understanding or using spoken or written language which is not primarily the result of a visual, hearing or motor impairment, intellectual disability, serious emotional disturbance, or an environmental, cultural or economic disadvantage. Such a disorder may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or perform mathematical calculations. The term includes, without limitation, perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia.

      Sec. 12.  The Commission on Autism Spectrum Disorders or its successor organization shall:

      1.  Study processes for evaluating children with autism disorders, including, without limitation:

      (a) The statewide standard for measuring outcomes and assessing and evaluating persons with autism spectrum disorders prescribed by the Commission or its successor organization pursuant to NRS 427A.872;

      (b) Processes for determining the eligibility of a child for services provided under Medicaid for children with autism spectrum disorders; and

      (c) The evaluation conducted pursuant to NRS 388.449 to determine the eligibility of pupils for special education for pupils with autism spectrum disorders.

      2.  On or before September 1, 2020, submit to the Legislative Committee on Health Care and present at a meeting of the Committee a report that includes the results of the study, recommendations for standardizing the processes described in subsection 1 and any other recommendations resulting from the study.

      Sec. 13.  This act becomes effective upon passage and approval.

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ê2019 Statutes of Nevada, Page 3054ê

 

CHAPTER 509, SB 216

Senate Bill No. 216–Senator Ohrenschall

 

CHAPTER 509

 

[Approved: June 7, 2019]

 

AN ACT relating to persons with disabilities; requiring agencies that oversee programs that provide services to persons with autism spectrum disorders to report certain information concerning such programs to the Commission; establishing the Nevada Commission on Autism Spectrum Disorders to review data and information and advise the Governor regarding the needs of persons with autism spectrum disorders and their families; revising the required contents of a plan of treatment for a participant in the Autism Treatment Assistance Program; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      In 2007, the Legislature created the Nevada Autism Task Force to study and make recommendations to the Governor and the Legislature regarding the growing incidence of autism and ways to improve the delivery and coordination of autism services in this State. The Task Force was required to complete its review on or before August 1, 2008. (Section 40 of Assembly Bill No. 629, chapter 348, Statutes of Nevada 2007, at page 1674) Upon the expiration of the Task Force, the Governor issued an executive order establishing the Commission on Autism Spectrum Disorder to continue the work of the Task Force. (Executive Order Establishing the Commission on Autism Spectrum Disorder (11-19-2008)) The Governor has issued three additional executive orders extending the Commission through June 30, 2019. (Executive Orders 2011-21 (11-28-2011), 2015-26 (10-9-2015), 2018-29 (11-9-2018)) Sections 5 and 6 of this bill establish the Nevada Commission on Autism Spectrum Disorders in statute. Section 5 establishes the membership of the Commission and sets the terms of members at 3 years. Members serve without compensation. Section 6 requires the Commission to perform certain duties relating to autism spectrum disorders, including: (1) advising the Governor concerning services for persons with autism spectrum disorders and their families in this State; and (2) monitoring programs operated by governmental agencies that serve such persons. Sections 1 and 7 of this bill require the Division of Health Care Financing and Policy of the Department of Health and Human Services and the Aging and Disability Services Division of the Department to report to the Commission certain information relating to services for persons with autism spectrum disorders administered by those agencies.

      Existing law establishes the Autism Treatment Assistance Program within the Aging and Disability Services Division to serve as the primary autism program within the Department and to provide and coordinate services to persons under 20 years of age with autism spectrum disorders. The policies of the Program and any services provided by the Program must be developed in cooperation with and approved by the Task Force or its successor organization. (NRS 427A.875) Section 10 of this bill instead requires such policies and services to be developed in cooperation with the Commission. Sections 9 and 12 of this bill update certain other references to the Task Force to refer to the Commission. Sections 2-4, 8 and 11 of this bill make other conforming changes.

      Existing law requires the Autism Treatment Assistance Program to develop a plan of treatment for a person who participates in the program. (NRS 427A.875) Section 10 of this bill requires such a plan to ensure that the person receives appropriate services after the person reaches 20 years of age and is thus no longer eligible to participate in the Program.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Division shall submit to the Nevada Commission on Autism Spectrum Disorders created by section 5 of this act upon the request of the Commission a report containing the most current information available concerning:

      1.  The number of persons receiving services for persons with autism spectrum disorders through the Medicaid program;

      2.  The outcomes of persons with autism spectrum disorders who receive services through the Medicaid program;

      3.  The expenditures made on behalf of the Medicaid program related to the provision of services for persons with autism spectrum disorders; and

      4.  The number of hours billed to the Medicaid program per week for each service provided to persons with autism spectrum disorders through the Medicaid program and the number of hours per week that each such service was actually provided to recipients of Medicaid.

      Sec. 2. Chapter 427A of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 7, inclusive, of this act.

      Sec. 3. “Commission” means the Nevada Commission on Autism Spectrum Disorders created by section 5 of this act.

      Sec. 4. “Early intervention services” has the meaning ascribed to it in 20 U.S.C. § 1432.

      Sec. 5. 1.  The Nevada Commission on Autism Spectrum Disorders is hereby created within the Division. The Commission consists of seven members appointed by the Governor. The Governor shall appoint to the Commission:

      (a) Two members who are representatives of school districts in this State;

      (b) One member who is a behavior analyst;

      (c) One member who is the parent of a person with an autism spectrum disorder who is over 12 years of age;

      (d) One member who is the parent of a child with autism who is under 5 years of age;

      (e) One member who is the parent of a child with autism who resides in a county with a population of less than 100,000; and

      (f) One member who is a representative of the public at large.

      2.  After the initial term, the term of each member is 3 years. A member may be reappointed.

      3.  Members of the Commission serve without compensation and are not entitled to the per diem and travel expenses provided for state officers and employees generally. Each member of the Commission who is an officer or employee of a local government must be relieved from his or her duties without loss of his or her regular compensation so that the member may prepare for and attend meetings of the Commission and perform any work necessary to carry out the duties of the Commission in the most timely manner practicable. A local government shall not require an officer or employee who is a member of the Commission to make up the time the member is absent from work to carry out his or her duties as a member, and shall not require the member to take annual vacation or compensatory time for the absence.

 


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or employee who is a member of the Commission to make up the time the member is absent from work to carry out his or her duties as a member, and shall not require the member to take annual vacation or compensatory time for the absence.

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

      5.  The Governor shall annually designate the Chair and Vice Chair of the Commission.

      6.  A majority of the members of the Commission constitutes a quorum for the transaction of business, and a majority of the members of a quorum present at any meeting is sufficient for any official action taken by the Commission.

      7.  As used in this section, “behavior analyst” has the meaning ascribed to it in NRS 437.010.

      Sec. 6. 1.  The Commission shall meet at least eight times each year at the call of the Governor or the Chair or a majority of its members.

      2.  The Commission may establish subcommittees consisting of members of the Commission or other persons to assist the Commission in the performance of its duties.

      3.  The Division shall provide such administrative support to the Commission and any subcommittee thereof as is necessary to carry out the duties of the Commission.

      4.  The Commission shall:

      (a) Advise and make recommendations to the Governor regarding the needs of persons with autism spectrum disorders and their families and the availability, delivery and coordination of services for such persons in this State;

      (b) Review available data concerning autism spectrum disorders, including, without limitation, data concerning the ages of persons served by public programs for persons with autism spectrum disorders, the number of persons on waiting lists for such programs and the outcomes for persons receiving services through such programs, and monitor programs operated by state and local agencies that serve persons with autism spectrum disorders and their families; and

      (c) Submit to the Governor an annual report concerning the activities of the Commission.

      Sec. 7. The Division shall submit to the Commission upon request a report containing the most current information available relating to:

      1.  The number of persons receiving early intervention services from the Division and services from the Autism Treatment Assistance Program created by NRS 427A.875;

      2.  The outcomes of early intervention services and services provided by the Program; and

      3.  The expenditures of the Division related to early intervention services and the Program.

      Sec. 8. NRS 427A.871 is hereby amended to read as follows:

      427A.871  As used in NRS 427A.871 to 427A.880, inclusive, [“early intervention services” has the meaning ascribed to it in 20 U.S.C. § 1432.] and sections 3 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 meaning ascribed to them in those sections.

 


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      Sec. 9. NRS 427A.872 is hereby amended to read as follows:

      427A.872  1.  The Division, in cooperation and guidance with the Department of Education, representatives of the school districts in this State and the [Nevada Autism Task Force created by section 40 of chapter 348, Statutes of Nevada 2007, or its successor organization,] Commission, shall prescribe by regulation a statewide standard for measuring outcomes and assessing and evaluating persons with autism spectrum disorders through the age of 21 years who receive services through the State or a local government or an agency thereof. The regulations must designate a protocol based upon accepted best practices guidelines which includes at least one standardized assessment instrument that requires direct observation by the professional conducting the assessment for determining whether a person is a person with autism spectrum disorder, which must be used by personnel employed by the State or a local government or an agency thereof who provide assessments, interventions and diagnoses of persons with autism spectrum disorders through the age of 21 years and by the persons with whom the State or a local government or an agency thereof contracts to provide assessments, interventions and diagnoses of persons with autism spectrum disorders through the age of 21 years. The protocol must require that the direct observation conducted by a professional pursuant to this subsection include, without limitation, an evaluation to measure behaviors of the person which are consistent with autism spectrum disorder, cognitive functioning, language functioning and adaptive functioning.

      2.  The protocol designated pursuant to subsection 1 must be used upon intake of a person suspected of having autism spectrum disorder or at any later time if a person is suspected of having autism spectrum disorder after intake. The results of an assessment must be provided to the parent or legal guardian of the person, if applicable.

      3.  The Division shall prescribe the form and content of reports relating to persons with autism spectrum disorders through the age of 21 years that must be reported to the Division pursuant to NRS 388.451 and 615.205. Except as otherwise provided in NRS 388.451, the Division shall ensure that the information is reported in a manner which:

      (a) Allows the Division to document the services provided to and monitor the progress of each person with autism spectrum disorder through the age of 21 years who receives services from the State or an agency thereof; and

      (b) Ensures that information reported for each person who receives services which identifies the person is kept confidential, consistent with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any other applicable state and federal privacy laws.

      4.  The Division shall prepare annually a summary of the reports submitted pursuant to NRS 388.451 and 615.205 and make the summary publicly available. The Division shall ensure that information contained in the summary does not identify a person who received services.

      Sec. 10. NRS 427A.875 is hereby amended to read as follows:

      427A.875  1.  There is hereby established the Autism Treatment Assistance Program within the Division to serve as the primary autism program within the Department and to provide and coordinate the provision of services to persons diagnosed or determined, including, without limitation, through the use of a standardized assessment, to have autism spectrum disorders through the age of 19 years.

 


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ê2019 Statutes of Nevada, Page 3058 (CHAPTER 509, SB 216)ê

 

      2.  The Autism Treatment Assistance Program shall:

      (a) Prescribe an application process for parents and guardians of persons with autism spectrum disorders to participate in the Program.

      (b) Provide for the development of a plan of treatment for persons who participate in the Program.

      (c) Promote the use of evidence-based treatments which are cost effective and have been proven to improve treatment of autism spectrum disorders.

      (d) Educate parents and guardians of persons with autism spectrum disorders on autism spectrum disorders and the assistance that may be provided by the parent or guardian to improve treatment outcomes.

      (e) Establish and use a system for assessing persons with autism spectrum disorders to determine a baseline to measure the progress of and prepare a plan for the treatment of such persons.

      (f) Assist parents and guardians of persons with autism spectrum disorders in obtaining public services that are available for the treatment of autism spectrum disorders.

      3.  A plan of treatment developed for a person who participates in the Program pursuant to paragraph (b) of subsection 2 must:

      (a) Identify the specific behaviors of the person to be addressed and the expected outcomes.

      (b) Include, without limitation [, preparations] :

             (1) Preparations for transitioning the person from one provider of treatment to another or from one public program to another, as the needs of the person require through the age of 19 years [.] ; and

             (2) Measures to ensure that, to the extent practicable, the person receives appropriate services from another entity after the person reaches 20 years of age.

      (c) Be revised to address any change in the needs of the person.

      4.  The policies of the Autism Treatment Assistance Program and any services provided by the Program must be developed in cooperation with and be approved by the [Nevada Autism Task Force created by section 40 of chapter 348, Statutes of Nevada 2007, or its successor organization.] Commission.

      5.  As used in this section, “autism spectrum disorder” means a condition that meets the diagnostic criteria for autism spectrum disorder published in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or the edition thereof that was in effect at the time the condition was diagnosed or determined.

      Sec. 11. NRS 232.320 is hereby amended to read as follows:

      232.320  1.  The Director:

      (a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:

             (1) The Administrator of the Aging and Disability Services Division;

             (2) The Administrator of the Division of Welfare and Supportive Services;

             (3) The Administrator of the Division of Child and Family Services;

             (4) The Administrator of the Division of Health Care Financing and Policy; and

             (5) The Administrator of the Division of Public and Behavioral Health.

 


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      (b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 1 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.621 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.

      (c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.

      (d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:

             (1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;

             (2) Set forth priorities for the provision of those services;

             (3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;

             (4) Identify the sources of funding for services provided by the Department and the allocation of that funding;

             (5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and

             (6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.

      (e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.

      (f) Has such other powers and duties as are provided by law.

      2.  Notwithstanding any other provision of law, the Director, or the Director’s designee, is responsible for appointing and removing subordinate officers and employees of the Department, other than the State Public Defender of the Office of State Public Defender who is appointed pursuant to NRS 180.010.

      Sec. 12. NRS 391A.265 is hereby amended to read as follows:

      391A.265  To the extent money is available from the Grant Fund, the board of trustees of each school district and the governing body of each charter school shall ensure that the licensed educational personnel employed by the school district or charter school who are assigned to assist a parent or legal guardian of a pupil with autism spectrum disorder in making decisions about the services and programs available for the pupil receive the appropriate preparation and training:

 


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      1.  On using the 2008 Report of the Nevada Autism Task Force and any subsequent report issued by the Nevada Autism Task Force created pursuant to chapter 348, Statutes of Nevada 2007, [or] its successor organization [,] or the Nevada Commission on Autism Spectrum Disorders created by section 5 of this act to determine best practices in the development of programs for pupils with autism spectrum disorders; and

      2.  To provide the parent or legal guardian with information on all options for treatment and intervention that may assist the pupil in the pupil’s development and advancement.

      Sec. 13.  As soon as practicable after the effective date of this act, the Governor shall appoint the members of the Nevada Commission on Autism Spectrum Disorders created by section 5 of this act as follows:

      1.  Three members to terms that expire on July 1, 2020;

      2.  Two members to terms that expire on July 1, 2021; and

      3.  Two members to terms that expire on July 1, 2022.

      Sec. 14.  This act becomes effective:

      1.  Upon passage and approval for the purpose of appointing members of the Nevada Commission on Autism Spectrum Disorders created by section 5 of this act and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      2.  On July 1, 2019, for all other purposes.

________

CHAPTER 510, SB 245

Senate Bill No. 245–Senators Ohrenschall, Cannizzaro, Ratti, Parks, Pickard; Brooks, Cancela, Denis, Dondero Loop, Spearman and Woodhouse

 

CHAPTER 510

 

[Approved: June 7, 2019]

 

AN ACT relating to civil actions; increasing the limitation on the amount of damages that may be awarded in certain tort actions brought against a governmental entity or its officers or employees; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that the limitation on the amount of damages that may be awarded in a tort action against a governmental entity or its officers or employees is $100,000. (NRS 41.035) Section 1 of this bill increases the limitation to $150,000. Section 3 of this bill provides that this increase becomes effective on July 1, 2020, and expires by limitation on June 30, 2022. Section 2 of this bill provides that the increased limitation on damages applies to a cause of action that “accrues” on or after July 1, 2020, but before July 1, 2022. Section 1.5 increases the limitation on the amount of damages to $200,000, effective on July 1, 2022. A cause of action “accrues” when the right to bring a lawsuit arises. (Clark v. Robison, 113 Nev. 949, 951 (1997))

 

 

 

 

 

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 41.035 is hereby amended to read as follows:

      41.035  1.  An award for damages in an action sounding in tort brought under NRS 41.031 or against a present or former officer or employee of the State or any political subdivision, immune contractor or State Legislator arising out of an act or omission within the scope of the person’s public duties or employment may not exceed the sum of [$100,000,] $150,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant. An award may not include any amount as exemplary or punitive damages.

      2.  The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort and arising from any recreational activity or recreational use of land or water which is brought against:

      (a) Any public or quasi-municipal corporation organized under the laws of this State.

      (b) Any person with respect to any land or water leased or otherwise made available by that person to any public agency.

      (c) Any Indian tribe, band or community whether or not a fee is charged for such activity or use. The provisions of this paragraph do not impair or modify any immunity from liability or action existing on February 26, 1968, or arising after February 26, 1968, in favor of any Indian tribe, band or community.

Ê The Legislature declares that the purpose of this subsection is to effectuate the public policy of the State of Nevada by encouraging the recreational use of land, lakes, reservoirs and other water owned or controlled by any public or quasi-municipal agency or corporation of this State, wherever such land or water may be situated.

      Sec. 1.5. NRS 41.035 is hereby amended to read as follows:

      41.035  1.  An award for damages in an action sounding in tort brought under NRS 41.031 or against a present or former officer or employee of the State or any political subdivision, immune contractor or State Legislator arising out of an act or omission within the scope of the person’s public duties or employment may not exceed the sum of [$150,000,] $200,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant. An award may not include any amount as exemplary or punitive damages.

      2.  The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort and arising from any recreational activity or recreational use of land or water which is brought against:

      (a) Any public or quasi-municipal corporation organized under the laws of this State.

      (b) Any person with respect to any land or water leased or otherwise made available by that person to any public agency.

      (c) Any Indian tribe, band or community whether or not a fee is charged for such activity or use. The provisions of this paragraph do not impair or modify any immunity from liability or action existing on February 26, 1968, or arising after February 26, 1968, in favor of any Indian tribe, band or community.

 


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modify any immunity from liability or action existing on February 26, 1968, or arising after February 26, 1968, in favor of any Indian tribe, band or community.

Ê The Legislature declares that the purpose of this subsection is to effectuate the public policy of the State of Nevada by encouraging the recreational use of land, lakes, reservoirs and other water owned or controlled by any public or quasi-municipal agency or corporation of this State, wherever such land or water may be situated.

      Sec. 2.  The amendatory provisions of:

      1.  Section 1 of this act apply to a cause of action that accrues on or after July 1, 2020, but before July 1, 2022.

      2.  Section 1.5 of this act apply to a cause of action that accrues on or after July 1, 2022.

      Sec. 3.  1.  This section and sections 1 and 2 of this act become effective on July 1, 2020.

      2.  Section 1.5 of this act becomes effective on July 1, 2022.

________

CHAPTER 511, SB 252

Senate Bill No. 252–Senator Hardy

 

CHAPTER 511

 

[Approved: June 7, 2019]

 

AN ACT relating to offenders; authorizing the residential confinement or other appropriate supervision of certain older offenders; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Director of the Department of Corrections to assign any offender who has not been sentenced to death or imprisonment for life without the possibility of parole to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement or other appropriate supervision as determined by the Division for not longer than the remainder of the offender’s sentence if: (1) the Director has reason to believe that the offender is physically incapacitated or in ill health to such a degree that the offender is not likely to pose a threat to the safety of the public and at least two licensed physicians verify such incapacitation or ill health; or (2) the offender is in ill health and expected to die within 12 months. If the Director intends to assign such an offender to the custody of the Division, the Director is required to notify the Division and the board of county commissioners of the county in which the offender will reside at least 45 days before the offender’s expected date of release. Additionally, the Division is required to notify any victim of a crime committed by the offender who has requested to be notified of the consideration of a prisoner for parole. If such an offender escapes or violates any of the terms or conditions of his or her residential confinement or other appropriate supervision as determined by the Division, the Division is authorized to return the offender to the custody of the Department and any credits for good behavior earned by the offender before the escape or violation are subject to forfeiture, as determined by the Director. (NRS 209.3925)

      Section 1 of this bill additionally authorizes the Director to assign any offender who has not been sentenced to death or imprisonment for life without the possibility of parole to the custody of the Division to serve a term of residential confinement or other appropriate supervision as determined by the Division for not longer than the remainder of the offender’s sentence if the offender: (1) is 65 years of age or older; (2) has not been convicted of a crime of violence, certain offenses committed against a child, a sexual offense, vehicular homicide or driving under the influence of alcohol or a prohibited substance and causing the death of or substantial bodily harm to another person; and (3) has served at least a majority of the maximum term or maximum aggregate term of his or her sentence.

 


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remainder of the offender’s sentence if the offender: (1) is 65 years of age or older; (2) has not been convicted of a crime of violence, certain offenses committed against a child, a sexual offense, vehicular homicide or driving under the influence of alcohol or a prohibited substance and causing the death of or substantial bodily harm to another person; and (3) has served at least a majority of the maximum term or maximum aggregate term of his or her sentence. Sections 2-8 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 209 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 6, the Director may assign an offender to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement pursuant to NRS 213.380 or other appropriate supervision as determined by the Division of Parole and Probation, for not longer than the remainder of his or her sentence, if the offender:

      (a) Is 65 years of age or older;

      (b) Has not been convicted of:

             (1) A crime of violence;

             (2) A crime against a child as defined in NRS 179D.0357;

             (3) A sexual offense as defined in NRS 179D.097;

             (4) Vehicular homicide pursuant to NRS 484C.130; or

             (5) A violation of NRS 484C.430; and

      (c) Has served at least a majority of the maximum term or maximum aggregate term, as applicable, of his or her sentence.

      2.  If the Director intends to assign an offender to the custody of the Division of Parole and Probation pursuant to this section, at least 45 days before the date the offender is expected to be released from the custody of the Department, the Director shall notify:

      (a) The board of county commissioners of the county in which the offender will reside; and

      (b) The Division of Parole and Probation.

      3.  Except as otherwise provided in NRS 213.10915, if any victim of a crime committed by the offender has, pursuant to subsection 4 of NRS 213.131, requested to be notified of the consideration of a prisoner for parole and has provided a current address, the Division of Parole and Probation shall notify the victim that:

      (a) The Director intends to assign the offender to the custody of the Division of Parole and Probation pursuant to this section; and

      (b) The victim may submit documents to the Division of Parole and Probation regarding such an assignment.

Ê If a current address has not been provided by a victim as required by subsection 4 of NRS 213.131, the Division of Parole and Probation must not be held responsible if notification is not received by the victim. All personal information, including, without limitation, a current or former address, which pertains to a victim and which is received by the Division of Parole and Probation pursuant to this subsection is confidential.

 


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      4.  If an offender assigned to the custody of the Division of Parole and Probation pursuant to this section escapes or violates any of the terms or conditions of his or her residential confinement or other appropriate supervision as determined by the Division of Parole and Probation:

      (a) The Division of Parole and Probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the Department.

      (b) The offender forfeits all or part of the credits for good behavior earned by the offender before the escape or violation, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender and may restore credits forfeited for such reasons as the Director considers proper. The decision of the Director regarding such a forfeiture is final.

      5.  The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:

      (a) A continuation of the offender’s imprisonment and not a release on parole; and

      (b) For the purposes of NRS 209.341, an assignment to a facility of the Department,

Ê except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.

      6.  The Director may not assign an offender to the custody of the Division of Parole and Probation pursuant to this section if the offender is sentenced to death or imprisonment for life without the possibility of parole.

      7.  An offender does not have a right to be assigned to the custody of the Division of Parole and Probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

      8.  The Division of Parole and Probation may receive and distribute restitution paid by an offender assigned to the custody of the Division of Parole and Probation pursuant to this section.

      9.  As used in this section, “crime of violence” means any offense involving the use or threatened use of force or violence against another person.

      Sec. 2. NRS 209.241 is hereby amended to read as follows:

      209.241  1.  The Director may accept money, including the net amount of any wages earned during the incarceration of an offender after any deductions made by the Director and valuables belonging to an offender at the time of his or her incarceration or afterward received by gift, inheritance or the like or earned during the incarceration of an offender, and shall deposit the money in the Prisoners’ Personal Property Fund, which is hereby created as a trust fund.

      2.  An offender shall deposit all money that the offender receives into his or her individual account in the Prisoners’ Personal Property Fund.

      3.  The Director:

 


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      (a) Shall keep, or cause to be kept, a full and accurate account of the money and valuables, and shall submit reports to the Board relating to the money and valuables as may be required from time to time.

      (b) May permit withdrawals for immediate expenditure by an offender for personal needs.

      (c) May permit the distribution of money to a governmental entity for any applicable deduction authorized pursuant to NRS 209.247 or any other deduction authorized by law from any money deposited in the individual account of an offender from any source other than the offender’s wages.

      (d) Shall pay over to each offender upon his or her release any remaining balance in his or her individual account.

      4.  The interest and income earned on the money in the Prisoners’ Personal Property Fund, after deducting any applicable bank charges, must be credited each calendar quarter as follows:

      (a) If an offender’s share of the cost of administering the Prisoners’ Personal Property Fund for the quarter is less than the amount of interest and income earned by the offender, the Director shall credit the individual account of the offender with an amount equal to the difference between the amount of interest and income earned by the offender and the offender’s share of the cost of administering the Prisoners’ Personal Property Fund.

      (b) If an offender’s share of the cost of administering the Prisoners’ Personal Property Fund for the quarter is equal to or greater than the amount of interest and income earned by the offender, the Director shall credit the interest and income to the Offenders’ Store Fund.

      5.  An offender who does not deposit all money that the offender receives into his or her individual account in the Prisoners’ Personal Property Fund as required in this section is guilty of a gross misdemeanor.

      6.  A person who aids or encourages an offender not to deposit all money the offender receives into the individual account of the offender in the Prisoners’ Personal Property Fund as required in this section is guilty of a gross misdemeanor.

      7.  The Director may exempt an offender from the provisions of this section if the offender is:

      (a) Confined in an institution outside this State pursuant to chapter 215A of NRS; or

      (b) Assigned to the custody of the Division of Parole and Probation of the Department of Public Safety to:

             (1) Serve a term of residential confinement pursuant to NRS 209.392, 209.3925 or 209.429 [;] or section 1 of this act; or

             (2) Participate in a correctional program for reentry into the community pursuant to NRS 209.4887.

      Sec. 3. NRS 209.392 is hereby amended to read as follows:

      209.392  1.  Except as otherwise provided in NRS 209.3925 and 209.429 [,] and section 1 of this act, the Director may, at the request of an offender who is eligible for residential confinement pursuant to the standards adopted by the Director pursuant to subsection 3 and who has:

      (a) Demonstrated a willingness and ability to establish a position of employment in the community;

      (b) Demonstrated a willingness and ability to enroll in a program for education or rehabilitation; or

 


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      (c) Demonstrated an ability to pay for all or part of the costs of the offender’s confinement and to meet any existing obligation for restitution to any victim of his or her crime,

Ê assign the offender to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of his or her sentence.

      2.  Upon receiving a request to serve a term of residential confinement from an eligible offender, the Director shall notify the Division of Parole and Probation. Except as otherwise provided in NRS 213.10915, if any victim of a crime committed by the offender has, pursuant to subsection 4 of NRS 213.131, requested to be notified of the consideration of a prisoner for parole and has provided a current address, the Division of Parole and Probation shall notify the victim of the offender’s request and advise the victim that the victim may submit documents regarding the request to the Division of Parole and Probation. If a current address has not been provided as required by subsection 4 of NRS 213.131, the Division of Parole and Probation must not be held responsible if such notification is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Division of Parole and Probation pursuant to this subsection is confidential.

      3.  The Director, after consulting with the Division of Parole and Probation, shall adopt, by regulation, standards providing which offenders are eligible for residential confinement. The standards adopted by the Director must provide that an offender who:

      (a) Has recently committed a serious infraction of the rules of an institution or facility of the Department;

      (b) Has not performed the duties assigned to the offender in a faithful and orderly manner;

      (c) Has been convicted of:

             (1) Any crime that is punishable as a felony involving the use or threatened use of force or violence against the victim within the immediately preceding 3 years;

             (2) A sexual offense that is punishable as a felony; or

             (3) Except as otherwise provided in subsection 4, a category A or B felony;

      (d) Has more than one prior conviction for any felony in this State or any offense in another state that would be a felony if committed in this State, not including a violation of NRS 484C.110, 484C.120, 484C.130, 484C.430, 488.420, 488.425 or 488.427; or

      (e) Has escaped or attempted to escape from any jail or correctional institution for adults,

Ê is not eligible for assignment to the custody of the Division of Parole and Probation to serve a term of residential confinement pursuant to this section.

      4.  The standards adopted by the Director pursuant to subsection 3 must provide that an offender who has been convicted of a category B felony is eligible for assignment to the custody of the Division of Parole and Probation to serve a term of residential confinement pursuant to this section if:

      (a) The offender is not otherwise ineligible pursuant to subsection 3 for an assignment to serve a term of residential confinement; and

      (b) The Director makes a written finding that such an assignment of the offender is not likely to pose a threat to the safety of the public.

 


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      5.  If an offender assigned to the custody of the Division of Parole and Probation pursuant to this section escapes or violates any of the terms or conditions of the offender’s residential confinement:

      (a) The Division of Parole and Probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the Department.

      (b) The offender forfeits all or part of the credits for good behavior earned by the offender before the escape or violation, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender and may restore credits forfeited for such reasons as the Director considers proper. The decision of the Director regarding such a forfeiture is final.

      6.  The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:

      (a) A continuation of the offender’s imprisonment and not a release on parole; and

      (b) For the purposes of NRS 209.341, an assignment to a facility of the Department,

Ê except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.

      7.  An offender does not have a right to be assigned to the custody of the Division of Parole and Probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

      8.  The Division of Parole and Probation may receive and distribute restitution paid by an offender assigned to the custody of the Division of Parole and Probation pursuant to this section.

      Sec. 4. NRS 213.10915 is hereby amended to read as follows:

      213.10915  1.  The Board, in consultation with the Division, may enter into an agreement with the manager of an automated victim notification system to notify victims of the information described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213. 131 and section 1 of this act through the system if the system is capable of:

      (a) Automatically notifying by telephone or electronic means a victim registered with the system of the information described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131 and section 1 of this act with the timeliness required by NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131 [;] and section 1 of this act; and

      (b) Notifying victims registered with the system, using language provided by the Board, if the Board decides that it will discontinue the use of the system to notify victims of the information described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131 [.] and section 1 of this act. The notice must:

             (1) Be provided to each victim registered with the system not less than 90 days before the date on which the Board will discontinue use of the system; and

             (2) Advise each victim to submit a written request for notification pursuant to subsection 4 of NRS 213.131 if the victim wishes to receive notice of the information described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131 [.]

 


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notice of the information described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131 [.] and section 1 of this act.

      2.  The Division is not required to notify the victim of an offender of the information described in NRS 209.392 and 209.3925 and section 1 of this act and the Board is not required to notify the victim of a prisoner of the information described in subsections 4 and 7 of NRS 213.131 if:

      (a) The Board has entered into an agreement pursuant to subsection 1; and

      (b) Before discontinuing the notification of victims pursuant to NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131 [,] and section 1 of this act, the Board, not less than two times and not less than 60 days apart, has notified each victim who has requested notification pursuant to subsection 4 of NRS 213.131 and who has provided his or her current address or whose current address is otherwise known by the Board of the change in the manner in which a victim is notified of the information described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131 [.] and section 1 of this act. The notice must:

             (1) Advise the victim that the Division will no longer notify the victim of the information described in NRS 209.392 and 209.3925 [,] and section 1 of this act, that the Board will no longer notify the victim of the information described in subsections 4 and 7 of NRS 213.131, and that the victim may register with the automated victim notification system if he or she wishes to be notified of the information described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131 [;] and section 1 of this act; and

             (2) Include instructions for registering with the automated victim notification system to receive notice of the information described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131 [.] and section 1 of this act.

      3.  For the purposes of this section, “victim” has the meaning ascribed to it in NRS 213.005.

      Sec. 5. NRS 213.371 is hereby amended to read as follows:

      213.371  As used in NRS 213.371 to 213.410, inclusive, unless the context otherwise requires:

      1.  “Division” means the Division of Parole and Probation of the Department of Public Safety.

      2.  “Offender” means a prisoner assigned to the custody of the Division pursuant to NRS 209.392, 209.3925 or 209.429 [.] or section 1 of this act.

      3.  “Residential confinement” means the confinement of an offender to his or her place of residence under the terms and conditions established by the Division.

      Sec. 6. NRS 213.380 is hereby amended to read as follows:

      213.380  1.  The Division shall establish procedures for the residential confinement of offenders.

      2.  The Division may establish, and at any time modify, the terms and conditions of the residential confinement, except that the Division shall:

      (a) Require the offender to participate in regular sessions of education, counseling and any other necessary or desirable treatment in the community, unless the offender is assigned to the custody of the Division pursuant to NRS 209.3925 [;] or section 1 of this act;

      (b) Require the offender to be confined to his or her residence during the time the offender is not:

 


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             (1) Engaged in employment or an activity listed in paragraph (a) that is authorized by the Division;

             (2) Receiving medical treatment that is authorized by the Division; or

             (3) Engaged in any other activity that is authorized by the Division; and

      (c) Require intensive supervision of the offender, including unannounced visits to his or her residence or other locations where the offender is expected to be in order to determine whether the offender is complying with the terms and conditions of his or her confinement.

      3.  An electronic device approved by the Division may be used to supervise an offender. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the offender’s location, including, but not limited to, the transmission of still visual images which do not concern the offender’s activities, and producing, upon request, reports or records of the offender’s presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the offender’s activities,

Ê must not be used.

      Sec. 7. NRS 178.5698 is hereby amended to read as follows:

      178.5698  1.  The prosecuting attorney, sheriff or chief of police shall, upon the request of a victim or witness, inform the victim or witness:

      (a) When the defendant is released from custody at any time before or during the trial, including, without limitation, when the defendant is released pending trial or subject to electronic supervision;

      (b) If the defendant is so released, the amount of bail required, if any; and

      (c) Of the final disposition of the criminal case in which the victim or witness was directly involved.

      2.  A request for information pursuant to subsection 1 must be made:

      (a) In writing; or

      (b) By telephone through an automated or computerized system of notification, if such a system is available.

      3.  If an offender is convicted of a sexual offense or an offense involving the use or threatened use of force or violence against the victim, the court shall provide:

      (a) To each witness, documentation that includes:

             (1) A form advising the witness of the right to be notified pursuant to subsection 5;

             (2) The form that the witness must use to request notification in writing; and

             (3) The form or procedure that the witness must use to provide a change of address after a request for notification has been submitted.

      (b) To each person listed in subsection 4, documentation that includes:

             (1) A form advising the person of the right to be notified pursuant to subsection 5 or 6 and NRS 176.015, 176A.630, 178.4715, 209.392, 209.3925, 209.521, 213.010, 213.040, 213.095 and 213.131 and section 1 of this act or NRS 213.10915;

             (2) The forms that the person must use to request notification; and

             (3) The forms or procedures that the person must use to provide a change of address after a request for notification has been submitted.

 


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      4.  The following persons are entitled to receive documentation pursuant to paragraph (b) of subsection 3:

      (a) A person against whom the offense is committed.

      (b) A person who is injured as a direct result of the commission of the offense.

      (c) If a person listed in paragraph (a) or (b) is under the age of 18 years, each parent or guardian who is not the offender.

      (d) Each surviving spouse, parent and child of a person who is killed as a direct result of the commission of the offense.

      (e) A relative of a person listed in paragraphs (a) to (d), inclusive, if the relative requests in writing to be provided with the documentation.

      5.  Except as otherwise provided in subsection 6, if the offense was a felony and the offender is imprisoned, the warden of the prison shall, if the victim or witness so requests in writing and provides a current address, notify the victim or witness at that address when the offender is released from the prison.

      6.  If the offender was convicted of a violation of subsection 3 of NRS 200.366 or a violation of subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, the warden of the prison shall notify:

      (a) The immediate family of the victim if the immediate family provides their current address;

      (b) Any member of the victim’s family related within the third degree of consanguinity, if the member of the victim’s family so requests in writing and provides a current address; and

      (c) The victim, if the victim will be 18 years of age or older at the time of the release and has provided a current address,

Ê before the offender is released from prison.

      7.  The warden must not be held responsible for any injury proximately caused by the failure to give any notice required pursuant to this section if no address was provided to the warden or if the address provided is inaccurate or not current.

      8.  As used in this section:

      (a) “Immediate family” means any adult relative of the victim living in the victim’s household.

      (b) “Sexual offense” means:

             (1) Sexual assault pursuant to NRS 200.366;

             (2) Statutory sexual seduction pursuant to NRS 200.368;

             (3) Battery with intent to commit sexual assault pursuant to NRS 200.400;

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

             (5) Incest pursuant to NRS 201.180;

             (6) Open or gross lewdness pursuant to NRS 201.210;

             (7) Indecent or obscene exposure pursuant to NRS 201.220;

             (8) Lewdness with a child pursuant to NRS 201.230;

             (9) Sexual penetration of a dead human body pursuant to NRS 201.450;

             (10) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540;

             (11) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550;

 


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             (12) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony;

             (13) An offense that, pursuant to a specific statute, is determined to be sexually motivated; or

             (14) An attempt to commit an offense listed in this paragraph.

      Sec. 8. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 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.

 


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630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 1 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. 9.  This act becomes effective on July 1, 2019.

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CHAPTER 512, SB 289

Senate Bill No. 289–Senator Hardy

 

CHAPTER 512

 

[Approved: June 7, 2019]

 

AN ACT making an appropriation to obtain matching funds for the purpose of encouraging certain medical practitioners to practice in underserved areas; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Nevada Health Service Corps may be established by the University of Nevada School of Medicine to encourage certain medical and dental practitioners to practice in underserved areas of this State. (NRS 396.900) Section 1 of this bill makes an appropriation to the Nevada Health Service Corps for the purpose of obtaining matching federal funds.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor for allocation to the Nevada Health Service Corps, established pursuant to NRS 396.900, for the purpose of obtaining matching federal funds the following sums:

For the Fiscal Year 2019-2020.......................................................... $250,000

For the Fiscal Year 2020-2021.......................................................... $250,000

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 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.

      Sec. 2.  This act becomes effective upon passage and approval.

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CHAPTER 513, SB 293

Senate Bill No. 293–Senators Ratti; Brooks, Denis, Dondero Loop, Hammond, Hardy, D. Harris, Kieckhefer, Parks, Seevers Gansert, Settelmeyer, Spearman and Woodhouse

 

CHAPTER 513

 

[Approved: June 7, 2019]

 

AN ACT relating to protection of children; requiring the creation of the position of coordinator of services for commercially sexually exploited children; requiring the coordinator to develop a plan to establish the infrastructure to provide treatment, housing and services to such children and perform certain other duties relating to the provision of housing and services for such children; prohibiting the adjudication of a child as delinquent or in need of supervision, or the placement of a child in a detention facility for certain offenses; requiring a juvenile court and certain other entities in the juvenile justice system to report the commercial sexual exploitation of a child to an agency which provides child welfare services in certain circumstances; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the licensure of foster homes. (NRS 424.020-424.090) Section 1 of this bill requires the Administrator of the Division of Child and Family Services of the Department of Health and Human Services to create the position of coordinator of services for commercially sexually exploited children and employ or contract with a person to serve in that position. Section 1 requires the coordinator, in collaboration with certain interested agencies and persons, to: (1) assess the current and anticipated needs of commercially sexually exploited children in this State; (2) evaluate any incentives necessary to recruit providers of housing for such children; and (3) develop a plan to establish the infrastructure to provide treatment, housing and services to such children. On or before October 1, 2020, section 16.5 requires the coordinator to submit to the Legislative Committee on Child Welfare and Juvenile Justice a formal proposal to establish the infrastructure described in the plan. Section 18 of this bill makes an appropriation for the costs of the coordinator.

      Section 16 of this bill prohibits the adjudication of a child as delinquent or in need of supervision on or after July 1, 2022, for engaging in prostitution or solicitation for prostitution. Section 16 additionally prohibits placing a child in a state or local facility for the detention of children or adjudicating a child as delinquent or in need of supervision on or after July 1, 2022, for certain minor offenses committed in connection with commercial sexual exploitation. Section 16 further requires a juvenile court which finds, on or after July 1, 2022, that a commercially sexually exploited child has committed such an offense or a juvenile justice agency that has reasonable cause to believe that a child in its custody is or has been commercially sexually exploited to report the commercial sexual exploitation of the child to an agency which provides child welfare services.

 

 

 

 

 

 

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 424 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Administrator of the Division shall create the position of coordinator of services for commercially sexually exploited children. The Administrator may employ or enter into a contract with a person to serve in that position.

      2.  The coordinator of services for commercially sexually exploited children shall, in collaboration with other state and local agencies, including, without limitation, agencies which provide child welfare services and juvenile justice agencies, and other interested persons, including, without limitation, nonprofit organizations that provide legal services and persons who advocate for victims:

      (a) Assess existing gaps in services for commercially sexually exploited children;

      (b) Assess the needs for services and housing of commercially sexually exploited children in this State and the anticipated needs for services and housing of such children in the future, including, without limitation, the range of services and housing that are currently needed and will be required to meet anticipated needs;

      (c) Evaluate any incentives necessary to recruit providers of housing for commercially sexually exploited children that meet the criteria prescribed in paragraph (a) of subsection 3; and

      (d) Develop a plan to establish the infrastructure to provide treatment, housing and services to commercially sexually exploited children that meets the requirements of subsection 3 and update the plan as necessary.

      3.  The plan developed pursuant to paragraph (d) of subsection 2 must include, without limitation, plans to:

      (a) Provide specialized, evidence-based forms of housing, including, without limitation and where feasible and appropriate, home-based housing, to meet the needs of each commercially sexually exploited child in this State. All housing provided pursuant to this paragraph must:

             (1) To the extent appropriate, allow residents freedom of movement inside and outside the house;

             (2) Be secured from intrusion;

             (3) To the extent appropriate, allow residents privacy and autonomy;

             (4) Provide a therapeutic environment to address the needs of commercially sexually exploited children;

             (5) Coordinate with persons and entities that provide services to residents; and

             (6) Be operated by persons who have training concerning the specific needs of commercially sexually exploited children and practices for interacting with victims of trauma.

      (b) Recruit providers of housing that meet the requirements of paragraph (a).

 


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      (c) Provide services to providers of housing for commercially sexually exploited children designed to increase the success of placements of such children.

      (d) Provide legal representation to commercially sexually exploited children.

      (e) Ensure that any secured placement for commercially sexually exploited children:

             (1) Provides therapeutic treatment to assist the child in safely transitioning to a home-based placement; and

             (2) Is temporary, subject to judicial review not later than 72 hours after the initiation of the placement and utilized only when necessary to:

                   (I) Return the child to a parent or legal guardian or to another jurisdiction; or

                   (II) Protect the child from further victimization or threats by a perpetrator of commercial sexual exploitation or a person acting on behalf of such a perpetrator.

      4.  As used in this section:

      (a) “Commercially sexually exploited child” means any child who is sex trafficked in violation of NRS 201.300, a victim of sexual abuse or sexually exploited for the financial benefit of any person or in exchange for anything of value, including, without limitation, monetary or nonmonetary benefits given or received by any person.

      (b) “Juvenile justice agency” means the Youth Parole Bureau or a director of juvenile services.

      (c) “Sexual abuse” has the meaning ascribed to it in NRS 432B.100.

      (d) “Sexually exploited” has the meaning ascribed to it in NRS 432B.110.

      Secs. 2-15.  (Deleted by amendment.)

      Sec. 16. Chapter 62C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A child must not be adjudicated as delinquent or in need of supervision for engaging in prostitution or solicitation for prostitution pursuant to NRS 201.354 or paragraph (b) of subsection 1 of NRS 207.030.

      2.  A child must not be placed in a state or local facility for the detention of children if:

      (a) The child is alleged to have violated:

             (1) The provisions of NRS 197.190, 207.200 or 463.350; or

             (2) A county or municipal ordinance imposing a curfew on a child or prohibiting jaywalking or loitering for the purpose of solicitation for prostitution; and

      (b) There is reasonable cause to believe that the child is a commercially sexually exploited child.

      3.  If a court finds that a child committed an act described in subsection 2 and that clear and convincing evidence exists that the child committed the act in connection with commercial sexual exploitation, the court shall not adjudicate the child as a delinquent child or a child in need of supervision based on that act. Upon such a finding, the court shall report the commercial sexual exploitation of the child to an agency which provides child welfare services.

      4.  A juvenile justice agency that has reasonable cause to believe that a child in its custody is or has been a commercially sexually exploited child shall report the commercial sexual exploitation of the child to an agency which provides child welfare services.

 


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child shall report the commercial sexual exploitation of the child to an agency which provides child welfare services.

      5.  As used in this section:

      (a) “Commercial sexual exploitation” means the sex trafficking of a child in violation of NRS 201.300 or the sexual abuse or sexual exploitation of a child for the financial benefit of any person or in exchange for anything of value, including, without limitation, monetary or nonmonetary benefits given or received by any person.

      (b) “Commercially sexually exploited child” has the meaning ascribed to it in section 1 of this act.

      (c) “Juvenile justice agency” means the Youth Parole Bureau or a director of juvenile services.

      Sec. 16.5.  1.  As soon as practicable after the effective date of this section, the Administrator of the Division of Child and Family Services of the Department of Health and Human Services shall employ or contract with a person to act as the coordinator of services for commercially sexually exploited children created pursuant to section 1 of this act.

      2.  On or before October 1, 2020, the coordinator of services for commercially sexually exploited children employed or contracted with pursuant to subsection 1 shall submit to the Legislative Committee on Child Welfare and Juvenile Justice a formal proposal to carry out the plan to establish infrastructure to provide treatment and services to commercially sexually exploited children developed pursuant to section 1 of this act.

      Sec. 17. (Deleted by amendment.)

      Sec. 18.  1.  There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services for the purpose described in subsection 2 the following sums:

For the Fiscal Year 2019-2020............................................................ $70,861

For the Fiscal Year 2020-2021............................................................ $88,701

      2.  The money appropriated by subsection 1 must be used to pay the costs of the coordinator of services for commercially sexually exploited children who is employed by or with whom the Division enters into a contract pursuant to section 1 of this act.

      3.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 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.

      Sec. 19.  1.  This section and sections 1 and 16.5 of this act become effective upon passage and approval.

      2.  Section 18 of this act becomes effective on July 1, 2019.

      3.  Section 16 of this act becomes effective on July 1, 2022.

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CHAPTER 514, SB 319

Senate Bill No. 319–Senators Dondero Loop, Woodhouse, Denis, Parks; Brooks, Cancela, Cannizzaro, D. Harris, Ohrenschall, Ratti and Scheible

 

CHAPTER 514

 

[Approved: June 7, 2019]

 

AN ACT relating to education; defining “school counselor,” “school psychologist” and “school social worker” for certain purposes; establishing the duties of a school counselor, psychologist and social worker; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the licensing of social workers. (Chapter 641B of NRS) Existing law requires the Commission on Professional Standards in Education to adopt regulations prescribing the qualifications for licensing educational personnel. (NRS 391.019) Section 1 of this bill defines school counselor, school psychologist and school social worker, respectively, for the school environment. Sections 3-5 of this bill establish the duties of a school counselor, psychologist and social worker, respectively, employed by a school district. Section 1.5 of this bill requires a public school, to the extent that money is available, to employ a school counselor on a full-time basis and provide for a comprehensive school counseling program.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 385.007 is hereby amended to read as follows:

      385.007  As used in this title, unless the context otherwise requires:

      1.  “Achievement charter school” means a public school operated by a charter management organization, as defined in NRS 388B.020, an educational management organization, as defined in NRS 388B.030, or other person pursuant to a contract with the Achievement School District pursuant to NRS 388B.210 and subject to the provisions of chapter 388B of NRS.

      2.  “Department” means the Department of Education.

      3.  “English learner” has the meaning ascribed to it in 20 U.S.C. § 7801(20).

      4.  “Homeschooled child” means a child who receives instruction at home and who is exempt from compulsory attendance pursuant to NRS 392.070, but does not include an opt-in child.

      5.  “Local school precinct” has the meaning ascribed to it in NRS 388G.535.

      6.  “Opt-in child” means a child for whom an education savings account has been established pursuant to NRS 353B.850, who is not enrolled full-time in a public or private school and who receives all or a portion of his or her instruction from a participating entity, as defined in NRS 353B.750.

      7.  “Public schools” means all kindergartens and elementary schools, junior high schools and middle schools, high schools, charter schools and any other schools, classes and educational programs which receive their support through public taxation and, except for charter schools, whose textbooks and courses of study are under the control of the State Board.

 


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      8.  “School bus” has the meaning ascribed to it in NRS 484A.230.

      9.  “School counselor” or “counselor” means a person who holds a license issued pursuant to chapter 391 of NRS and an endorsement to serve as a school counselor issued pursuant to regulations adopted by the Commission on Professional Standards in Education or who is otherwise authorized by the Superintendent of Public Instruction to serve as a school counselor.

      10.  “School psychologist” or “psychologist” means a person who holds a license issued pursuant to chapter 391 of NRS and an endorsement to serve as a school psychologist issued pursuant to regulations adopted by the Commission on Professional Standards in Education or who is otherwise authorized by the Superintendent of Public Instruction to serve as a school psychologist.

      11.  “School social worker” or “social worker” means a social worker licensed pursuant to chapter 641B of NRS who holds a license issued pursuant to chapter 391 of NRS and an endorsement to serve as a school social worker issued pursuant to regulations adopted by the Commission on Professional Standards in Education or who is otherwise authorized by the Superintendent of Public Instruction to serve as a school social worker.

      12.  “State Board” means the State Board of Education.

      [10.]13.  “University school for profoundly gifted pupils” has the meaning ascribed to it in NRS 388C.040.

      Sec. 1.5. Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:

      Each public school, including, without limitation, each charter school, shall, to the extent that money is available for that purpose:

      1.  Employ a school counselor at the school on a full-time basis.

      2.  Provide for a comprehensive program for school counseling developed by a school counselor pursuant to section 3 of this act.

      Sec. 2. Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 6.5, inclusive, of this act.

      Sec. 3. 1.  A school counselor shall:

      (a) Design and deliver a comprehensive program for school counseling that promotes achievement of pupils; and

      (b) Devote not less than 80 percent of his or her time providing direct or indirect services to pupils.

      2.  A school counselor may, through consultation or collaboration with other educational personnel or by providing direct services:

      (a) Analyze data concerning the academic, career, social and emotional development of pupils to identify issues, needs and challenges of pupils;

      (b) Address needs relating to the academic, career, social and emotional development of all pupils;

      (c) Advocate for equitable access to a rigorous education for all pupils and work to remove systemic barriers to such access;

      (d) Deliver school counseling lessons through large-group, classroom, small-group and individual settings to promote pupil success;

      (e) Provide to individual pupils services relating to academic planning and goal setting;

      (f) Provide peer facilitation, crisis counseling and short-term counseling to pupils in individual and small-group settings;

 


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      (g) Provide referrals to a pupil and the parent or legal guardian of a pupil, as needed, for additional support services provided by the school or within the community;

      (h) Participate on committees within the school and the school district, as appropriate; and

      (i) Participate in planning for and implementing a response to a crisis at the school.

      3.  Each school counselor must be supervised by a licensed administrator.

      Sec. 4. 1.  A school psychologist may, through consultation or collaboration with other educational personnel or by providing direct services:

      (a) Deliver mental and behavioral health services to pupils in a school;

      (b) Collaborate with the school, community and parents or legal guardians of pupils to promote a safe and supportive learning environment;

      (c) Provide preventative, intervention and postintervention services through integrated systems of support;

      (d) Collect and analyze data on the mental and behavioral health of pupils;

      (e) Administer applicable assessments to pupils;

      (f) Monitor the progress of the academic, mental and behavioral health of pupils;

      (g) Assist with the development and implementation of school-wide practices to promote learning;

      (h) Analyze resilience and risk factors of pupils;

      (i) Provide instructional support to other educational personnel;

      (j) Evaluate and make recommendations for the improvement of special education services;

      (k) Promote diversity in development and learning;

      (l) Conduct research and evaluate programs related to the mental and behavioral health of pupils; and

      (m) Participate in planning for and implementing a response to a crisis at the school.

      2.  In a school district in which more than 50,000 pupils were enrolled during the preceding school year, each school psychologist must be supervised by a psychologist licensed pursuant to chapter 391 of NRS who is a licensed administrator.

      3.  In a school district in which not more than 50,000 pupils were enrolled during the preceding school year, each school psychologist must be supervised by a licensed administrator.

      Sec. 5. 1.  A school social worker may, through consultation or collaboration with other educational personnel or by providing direct services:

      (a) Act as a liaison between the home, school and community;

      (b) Provide therapy, counseling and support services for pupils and the families of pupils;

      (c) Provide individual and small-group therapy, counseling and support services;

      (d) Provide mediation services;

      (e) Advocate for the academic, social and emotional success of pupils;

      (f) Assist other educational personnel with case management;

 


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      (g) Write applications for grants, as necessary;

      (h) Assist other educational personnel, including, without limitation, a school psychologist, with developing a plan for providing prevention and intervention services to pupils;

      (i) Administer biopsychosocial assessments to pupils, as necessary;

      (j) Support the learning of pupils;

      (k) Provide services for professional development of staff;

      (l) Provide support and consultation to the school, the pupils and the parents or legal guardians of pupils at the school regarding, without limitation, education law and services related to special education;

      (m) Provide strengths-based assessments for the school, the pupils and the parents or legal guardians of pupils at the school;

      (n) Assist parents or legal guardians with problem solving;

      (o) Assist pupils with developing social skills;

      (p) Provide referrals to pupils and parents or legal guardians of pupils for education services; and

      (q) Participate in planning for and implementing a response to a crisis at the school.

      2.  Each school social worker must be supervised by a licensed administrator.

      Secs. 6, 6.5 and 7.  (Deleted by amendment.)

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

________

CHAPTER 515, SB 332

Senate Bill No. 332–Senator Seevers Gansert

 

CHAPTER 515

 

[Approved: June 7, 2019]

 

AN ACT relating to education; directing the Legislative Committee on Education to study the provision of a safe and respectful learning environment that is free of bullying, cyber-bullying and discriminatory harassment; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 2 of this bill directs the Legislative Committee on Education to conduct an interim study concerning the provision of a safe and respectful learning environment that is free of bullying, cyber-bullying and discriminatory harassment. Section 2 also requires the Committee to consult with and solicit input from certain persons and organizations with expertise and experience in matters relevant to the provision of a safe and respectful learning environment that is free of bullying, cyber-bullying and discriminatory harassment. Section 2.5 of this bill requires the Committee, in conducting the study, to: (1) review certain specific subjects relating to the provision of a safe and respectful learning environment; and (2) make recommendations concerning any matter relating to the study, including recommendations concerning proposed legislation.

 

 

 

 

 

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  As used in sections 2 and 2.5 of this act, unless the context otherwise requires, “discriminatory harassment” means discrimination or harassment on the basis of race, color, religion, sex, age, disability, sexual orientation, national origin, ancestry or gender identity or expression.

      Sec. 2.  1.  The Legislative Committee on Education shall study the provision of a safe and respectful learning environment that is free of bullying, cyber-bullying and discriminatory harassment to ensure that each pupil enrolled in an elementary school, junior high school, middle school or high school in this State and each student enrolled in an institution of the Nevada System of Higher Education is provided with equal access to education.

      2.  The Committee shall consult with and solicit input from persons and organizations with expertise or experience in matters relevant to bullying, cyber-bullying and discriminatory harassment, including, without limitation:

      (a) For the southern region of this State, the northern region of this State and the rural region of this State, one or more representatives from school districts, elementary schools, junior high schools, middle schools and high schools for each region;

      (b) For the southern region of this State and the northern region of this State, one or more representatives from a community college and university of the Nevada System of Higher Education located in each region;

      (c) Representatives of organizations that assist victims of sexual assault, sexual harassment or similar crimes, including, without limitation:

             (1) The Nevada Coalition to End Domestic and Sexual Violence;

             (2) Crisis Support Services of Nevada; and

             (3) The Rape Crisis Center;

      (d) Representatives with expertise in representing the rights of a person who is accused of misconduct concerning bullying, cyber-bullying or discriminatory harassment in violation of federal, state or local law, including, without limitation, Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq., and any regulations adopted pursuant thereto; and

      (e) Students enrolled in an institution of the Nevada System of Higher Education.

      3.  On or before February 1, 2021, the Legislative Committee on Education shall submit the report of its findings and any recommendations to the Director of the Legislative Counsel Bureau for transmission to the 81st Session of the Nevada Legislature.

      Sec. 2.5.  In studying the provision of a safe and respectful learning environment that is free of bullying, cyber-bullying and discriminatory harassment, the Legislative Committee on Education shall:

      1.  Review Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq., and any regulations proposed or adopted pursuant thereto;

      2.  Consider the existing laws of this State concerning the provision of a safe and respectful learning environment that is free of bullying, cyber-bullying and discriminatory harassment and laws of this State concerning misconduct which constitutes bullying, cyber-bullying and discriminatory harassment including, without limitation, the definition of such conduct, the response to such conduct, whether pupils enrolled in an elementary school, junior high school, middle school or high school feel safe at school, whether students enrolled in an institution of the Nevada System of Higher Education feel safe at that institution and whether the concerns of such pupils and students are addressed;

 


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harassment including, without limitation, the definition of such conduct, the response to such conduct, whether pupils enrolled in an elementary school, junior high school, middle school or high school feel safe at school, whether students enrolled in an institution of the Nevada System of Higher Education feel safe at that institution and whether the concerns of such pupils and students are addressed;

      3.  Consider whether a person employed by the board of trustees of a school district should be represented by a third-party if such an employee is accused of bullying, cyber-bullying or discriminatory harassment;

      4.  Identify methods for responding to retaliation against a victim of bullying, cyber-bullying and discriminatory harassment; and

      5.  Make recommendations concerning any matter relating to the study including, without limitation, recommendations concerning proposed legislation.

      Sec. 3. (Deleted by amendment.)

      Sec. 4.  This act becomes effective on July 1, 2019.

________

CHAPTER 516, SB 402

Senate Bill No. 402–Senator Woodhouse

 

CHAPTER 516

 

[Approved: June 7, 2019]

 

AN ACT relating to educational programs; providing for the issuance of a special license plate indicating support for educational programs in science, technology, engineering and mathematics; imposing a fee for the issuance and renewal of such special license plates; revising provisions related to the promotion and recognition of educational programs in this State that teach science, technology, engineering and mathematics; making appropriations to the Office of Science, Innovation and Technology to fund certain programs and activities relating to science, technology, engineering and mathematics; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill requires the Department of Motor Vehicles to design, prepare and issue special license plates indicating support for educational programs in science, technology, engineering and mathematics, commonly referred to as “STEM.” The fees generated by the special license plates that are in addition to all other applicable registration and license fees and governmental services and taxes are required to be deposited with the State Treasurer, who must, on a quarterly basis, distribute the fees to the Director of the Office of Science, Innovation and Technology. The Director is required to consult with the Advisory Council on Science, Technology, Engineering and Mathematics to identify nonprofit corporations to assist in distributing the funds in a manner designed to encourage the study of science, technology, engineering and mathematics by pupils in this State. A person wishing to obtain the special license plates may also request that the plates be combined with personalized prestige plates if the person pays the additional fees for the personalized prestige plates.

      Under existing law, certain special license plates: (1) must be approved by the Department, based on a recommendation from the Commission on Special License Plates; (2) are subject to a limitation on the number of separate designs of special license plates which the Department may issue at any one time; and (3) may not be designed, prepared or issued by the Department unless a certain number of applications for the plates are received.

 


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Plates; (2) are subject to a limitation on the number of separate designs of special license plates which the Department may issue at any one time; and (3) may not be designed, prepared or issued by the Department unless a certain number of applications for the plates are received. (NRS 482.367004, 482.367008, 482.36705) Sections 6-8 of this bill exempt the special license plates indicating support for educational programs in science, technology, engineering and mathematics from each of the proceeding requirements. Sections 2-5 and 9-12 of this bill make conforming changes.

      Under existing law the Advisory Council on Science, Technology, Engineering and Mathematics is required to develop a plan for identifying and awarding recognition to not more than 15 schools in this State that demonstrate exemplary performance in the fields of science, technology, engineering and mathematics. The Council must also establish an event in southern Nevada and an event in northern Nevada to recognize students for similar exemplary performance, with the events required to be held at an institution of higher education in this State. Finally, the Council must establish a statewide event to be held in Carson City to recognize the not more than 15 schools in this State identified for exemplary performance. (NRS 223.650) Section 13 of this bill removes the limitation of 15 schools, removes the requirement that the northern and southern events be held at institutions of higher education, and removes the requirement that the statewide event be held in Carson City.

      Finally, section 14 of this bill makes two appropriations to the Office of Science, Innovation and Technology. The first is for awarding grants to elementary schools in this state to promote equitable access to and increase the quality of programs designed to introduce and teach science, technology, engineering and mathematics. The second is to create a regional grant program in each of three regions of this State through regional advisory boards, with the grants to be used to fund activities and programs designed to increase awareness of, promote the benefits of and carry out programs that reinforce education in science, technology, engineering and mathematics.

 

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

      1.  The Department, in cooperation with the Office of Science, Innovation and Technology in the Office of Governor, shall design, prepare and issue license plates that indicate support for educational programs in the areas of science, technology, engineering and mathematics, using any colors that the Department deems appropriate.

      2.  The Department shall issue license plates that indicate support for educational programs in the areas of science, technology, engineering and mathematics for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate support for educational programs in the areas of science, technology, engineering and mathematics if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate support for educational programs in the areas of science, technology, engineering and mathematics pursuant to subsection 3.

 


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support for educational programs in the areas of science, technology, engineering and mathematics pursuant to subsection 3.

      3.  The fee for license plates that indicate support for educational programs in the areas of science, technology, engineering and mathematics is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the Department of $10.

      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed pursuant to subsection 3, a person who requests a set of license plates that indicate support for educational programs in the areas of science, technology, engineering and mathematics must pay for the issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be deposited in accordance with subsection 5.

      5.  Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Director of the Office of Science, Innovation and Technology in the Office of the Governor. The Director of the Office, in consultation with the Advisory Council on Science, Technology, Engineering and Mathematics created by NRS 223.640, shall identify nonprofit corporations in this State to assist in the distribution of the funds from this section in a manner designed to encourage the study of science, technology, engineering and mathematics by pupils in this State.

      6.  The provisions of NRS 482.36705 do not apply to license plates described in this section.

      7.  If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      8.  The Department may accept any gifts, grants and donations or other sources of money for the production and issuance of the special license plates pursuant to this section. All money received pursuant to this subsection must be deposited in the Revolving Account for the Issuance of Special License Plates created by NRS 482.1805.

             Sec. 2. NRS 482.2065 is hereby amended to read as follows:

      482.2065  1.  A trailer may be registered for a 3-year period as provided in this section.

      2.  A person who registers a trailer for a 3-year period must pay upon registration all fees and taxes that would be due during the 3-year period if he or she registered the trailer for 1 year and renewed that registration for 2 consecutive years immediately thereafter, including, without limitation:

      (a) Registration fees pursuant to NRS 482.480 and 482.483.

      (b) A fee for each license plate issued pursuant to NRS 482.268.

      (c) Fees for the initial issuance, reissuance and renewal of a special license plate pursuant to NRS 482.265, if applicable.

 


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      (d) Fees for the initial issuance and renewal of a personalized prestige license plate pursuant to NRS 482.367, if applicable.

      (e) Additional fees for the initial issuance and renewal of a special license plate issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1 of this act which are imposed to generate financial support for a particular cause or charitable organization, if applicable.

      (f) Governmental services taxes imposed pursuant to chapter 371 of NRS, as provided in NRS 482.260.

      (g) The applicable taxes imposed pursuant to chapters 372, 374, 377 and 377A of NRS.

      3.  A license plate issued pursuant to this section will be reissued as provided in NRS 482.265 except that such reissuance will be done at the first renewal after the license plate has been issued for not less than 8 years.

      4.  As used in this section, the term “trailer” does not include a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483.

      Sec. 3. NRS 482.216 is hereby amended to read as follows:

      482.216  1.  Except as otherwise provided in NRS 482.2155, upon the request of a new vehicle dealer, the Department may authorize the new vehicle dealer to:

      (a) Accept applications for the registration of the new motor vehicles he or she sells and the related fees and taxes;

      (b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and

      (c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.

      2.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:

      (a) Transmit the applications received to the Department within the period prescribed by the Department;

      (b) Transmit the fees collected from the applicants and properly account for them within the period prescribed by the Department;

      (c) Comply with the regulations adopted pursuant to subsection 5; and

      (d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.

      3.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:

      (a) Charge any additional fee for the performance of those services;

      (b) Receive compensation from the Department for the performance of those services;

      (c) Accept applications for the renewal of registration of a motor vehicle; or

      (d) Accept an application for the registration of a motor vehicle if the applicant wishes to:

             (1) Obtain special license plates pursuant to NRS 482.3667 to 482.3823, inclusive [;] , and section 1 of this act; or

             (2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.

      4.  The provisions of this section do not apply to the registration of a moped pursuant to NRS 482.2155.

 


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      5.  The Director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:

      (a) The expedient and secure issuance of license plates and decals by the Department; and

      (b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the Department.

      Sec. 4. NRS 482.2703 is hereby amended to read as follows:

      482.2703  1.  The Director may order the preparation of sample license plates which must be of the same design and size as regular license plates or license plates issued pursuant to NRS 482.384. The Director shall ensure that:

      (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and an identical designation which consists of the same group of three numerals followed by the same group of three letters; and

      (b) The designation of numerals and letters assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

      2.  The Director may order the preparation of sample license plates which must be of the same design and size as any of the special license plates issued pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act. The Director shall ensure that:

      (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and the number zero in the location where any other numerals would normally be displayed on a license plate of that design; and

      (b) The number assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

      3.  The Director may establish a fee for the issuance of sample license plates of not more than $15 for each license plate.

      4.  A decal issued pursuant to NRS 482.271 may be displayed on a sample license plate issued pursuant to this section.

      5.  All money collected from the issuance of sample license plates must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

      6.  A person shall not affix a sample license plate issued pursuant to this section to a vehicle. A person who violates the provisions of this subsection is guilty of a misdemeanor.

      Sec. 5. NRS 482.274 is hereby amended to read as follows:

      482.274  1.  The Director shall order the preparation of vehicle license plates for trailers in the same manner provided for motor vehicles in NRS 482.270, except that a vehicle license plate prepared for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 is not required to have displayed upon it the month and year the registration expires.

      2.  The Director shall order preparation of two sizes of vehicle license plates for trailers. The smaller plates may be used for trailers with a gross vehicle weight of less than 1,000 pounds.

      3.  The Director shall determine the registration numbers assigned to trailers.

 


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ê2019 Statutes of Nevada, Page 3088 (CHAPTER 516, SB 402)ê

 

      4.  Any license plates issued for a trailer before July 1, 1975, bearing a different designation from that provided for in this section, are valid during the period for which such plates were issued.

      5.  Any license plates issued for a trailer before January 1, 1982, are not subject to reissue pursuant to subsection 2 of NRS 482.265.

      6.  The Department shall not issue for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 a special license plate available pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act.

      Sec. 6. NRS 482.367004 is hereby amended to read as follows:

      482.367004  1.  There is hereby created the Commission on Special License Plates. The Commission is advisory to the Department and consists of five Legislators and three nonvoting members as follows:

      (a) Five Legislators appointed by the Legislative Commission:

             (1) One of whom is the Legislator who served as the Chair of the Assembly Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Assembly Standing Committee on Transportation during the most recent legislative session.

             (2) One of whom is the Legislator who served as the Chair of the Senate Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Senate Standing Committee on Transportation during the most recent legislative session.

      (b) Three nonvoting members consisting of:

             (1) The Director of the Department of Motor Vehicles, or a designee of the Director.

             (2) The Director of the Department of Public Safety, or a designee of the Director.

             (3) The Director of the Department of Tourism and Cultural Affairs, or a designee of the Director.

      2.  Each member of the Commission appointed pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing on July 1 of each odd-numbered year. A vacancy on the Commission must be filled in the same manner as the original appointment.

      3.  Members of the Commission serve without salary or compensation for their travel or per diem expenses.

      4.  The Director of the Legislative Counsel Bureau shall provide administrative support to the Commission.

      5.  The Commission shall recommend to the Department that the Department approve or disapprove:

      (a) Applications for the design, preparation and issuance of special license plates that are submitted to the Department pursuant to subsection 1 of NRS 482.367002;

      (b) The issuance by the Department of special license plates that have been designed and prepared pursuant to NRS 482.367002; and

      (c) Except as otherwise provided in subsection 7, applications for the design, preparation and issuance of special license plates that have been authorized by an act of the Legislature after January 1, 2007.

 


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Ê In determining whether to recommend to the Department the approval of such an application or issuance, the Commission shall consider, without limitation, whether it would be appropriate and feasible for the Department to, as applicable, design, prepare or issue the particular special license plate. For the purpose of making recommendations to the Department, the Commission shall consider each application in the chronological order in which the application was received by the Department.

      6.  On or before September 1 of each fiscal year, the Commission shall compile a list of each special license plate for which the Commission, during the immediately preceding fiscal year, recommended to the Department that the Department approve the application for the special license plate or approve the issuance of the special license plate. The list so compiled must set forth, for each such plate, the cause or charitable organization for which the special license plate generates or would generate financial support, and the intended use to which the financial support is being put or would be put. The Commission shall transmit the information described in this subsection to the Department and the Department shall make that information available on its Internet website.

      7.  The provisions of paragraph (c) of subsection 5 do not apply with regard to special license plates that are issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787 or 482.37901 [.] or section 1 of this act.

      8.  The Commission shall:

      (a) Recommend to the Department that the Department approve or disapprove any proposed change in the distribution of money received in the form of additional fees. As used in this paragraph, “additional fees” means the fees that are charged in connection with the issuance or renewal of a special license plate for the benefit of a particular cause, fund or charitable organization. The term does not include registration and license fees or governmental services taxes.

      (b) If it recommends a proposed change pursuant to paragraph (a) and determines that legislation is required to carry out the change, recommend to the Department that the Department request the assistance of the Legislative Counsel in the preparation of a bill draft to carry out the change.

      Sec. 7. NRS 482.367008 is hereby amended to read as follows:

      482.367008  1.  As used in this section, “special license plate” means:

      (a) A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;

      (b) A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938, 482.37939, 482.37945 or 482.37947; and

      (c) Except for a license plate that is issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787 or 482.37901 [,] or section 1 of this act, a license plate that is approved by the Legislature after July 1, 2005.

      2.  Notwithstanding any other provision of law to the contrary, and except as otherwise provided in subsection 3, the Department shall not, at any one time, issue more than 30 separate designs of special license plates. Whenever the total number of separate designs of special license plates issued by the Department at any one time is less than 30, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been recommended by the Commission on Special License Plates to be approved by the Department pursuant to subsection 5 of NRS 482.367004, not to exceed a total of 30 designs issued by the Department at any one time.

 


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ê2019 Statutes of Nevada, Page 3090 (CHAPTER 516, SB 402)ê

 

issued by the Department at any one time is less than 30, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been recommended by the Commission on Special License Plates to be approved by the Department pursuant to subsection 5 of NRS 482.367004, not to exceed a total of 30 designs issued by the Department at any one time. Such additional designs must be issued by the Department in accordance with the chronological order of their authorization or approval by the Department.

      3.  In addition to the special license plates described in subsection 2, the Department may issue not more than five separate designs of special license plates in excess of the limit set forth in that subsection. To qualify for issuance pursuant to this subsection:

      (a) The Commission on Special License Plates must have recommended to the Department that the Department approve the design, preparation and issuance of the special plates as described in paragraphs (a) and (b) of subsection 5 of NRS 482.367004; and

      (b) The special license plates must have been applied for, designed, prepared and issued pursuant to NRS 482.367002, except that:

             (1) The application for the special license plates must be accompanied by a surety bond posted with the Department in the amount of $20,000; and

             (2) Pursuant to the assessment of the viability of the design of the special license plates that is conducted pursuant to this section, it is determined that at least 3,000 special license plates have been issued.

      4.  Except as otherwise provided in this subsection, on October 1 of each year the Department shall assess the viability of each separate design of special license plate that the Department is currently issuing by determining the total number of validly registered motor vehicles to which that design of special license plate is affixed. The Department shall not determine the total number of validly registered motor vehicles to which a particular design of special license plate is affixed if:

      (a) The particular design of special license plate was designed and prepared by the Department pursuant to NRS 482.367002; and

      (b) On October 1, that particular design of special license plate has been available to be issued for less than 12 months.

      5.  If, on October 1, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

      (a) In the case of special license plates not described in subsection 3, less than 1,000; or

      (b) In the case of special license plates described in subsection 3, less than 3,000,

Ê the Director shall provide notice of that fact in the manner described in subsection 6.

      6.  The notice required pursuant to subsection 5 must be provided:

      (a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.

      (b) If the special license plate does not generate financial support for a cause or charitable organization, to an entity which is involved in promoting the activity, place or other matter that is depicted on the plate.

 


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ê2019 Statutes of Nevada, Page 3091 (CHAPTER 516, SB 402)ê

 

      7.  If, on December 31 of the same year in which notice was provided pursuant to subsections 5 and 6, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

      (a) In the case of special license plates not described in subsection 3, less than 1,000; or

      (b) In the case of special license plates described in subsection 3, less than 3,000,

Ê the Director shall, notwithstanding any other provision of law to the contrary, issue an order providing that the Department will no longer issue that particular design of special license plate. Except as otherwise provided in subsection 2 of NRS 482.265, such an order does not require existing holders of that particular design of special license plate to surrender their plates to the Department and does not prohibit those holders from renewing those plates.

      Sec. 8. NRS 482.36705 is hereby amended to read as follows:

      482.36705  1.  Except as otherwise provided in subsection 2:

      (a) If a new special license plate is authorized by an act of the Legislature after January 1, 2003, other than a special license plate that is authorized pursuant to NRS 482.379375, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Department receives at least 1,000 applications for the issuance of that plate within 2 years after the effective date of the act of the Legislature that authorized the plate.

      (b) In addition to the requirements set forth in paragraph (a), if a new special license plate is authorized by an act of the Legislature after July 1, 2005, the Legislature will direct that the license plate not be issued by the Department unless its issuance complies with subsection 2 of NRS 482.367008.

      (c) In addition to the requirements set forth in paragraphs (a) and (b), if a new special license plate is authorized by an act of the Legislature after January 1, 2007, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Commission on Special License Plates recommends to the Department that the Department approve the application for the authorized plate pursuant to NRS 482.367004.

      2.  The provisions of subsection 1 do not apply with regard to special license plates that are issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787 or 482.37901 [.] or section 1 of this act.

      Sec. 9. NRS 482.3824 is hereby amended to read as follows:

      482.3824  1.  Except as otherwise provided in NRS 482.38279, with respect to any special license plate that is issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1 of this act and for which additional fees are imposed for the issuance of the special license plate to generate financial support for a charitable organization:

      (a) The Director shall, at the request of the charitable organization that is benefited by the particular special license plate:

             (1) Order the design and preparation of souvenir license plates, the design of which must be substantially similar to the particular special license plate; and

             (2) Issue such souvenir license plates, for a fee established pursuant to NRS 482.3825, only to the charitable organization that is benefited by the particular special license plate.

 


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ê2019 Statutes of Nevada, Page 3092 (CHAPTER 516, SB 402)ê

 

particular special license plate. The charitable organization may resell such souvenir license plates at a price determined by the charitable organization.

      (b) The Department may, except as otherwise provided in this paragraph and after the particular special license plate is approved for issuance, issue the special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, excluding vehicles required to be registered with the Department pursuant to NRS 706.801 to 706.861, inclusive, full trailers or semitrailers registered pursuant to subsection 3 of NRS 482.483 and mopeds registered pursuant to NRS 482.2155, upon application by a person who is entitled to license plates pursuant to NRS 482.265 or 482.272 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter or chapter 486 of NRS. The Department may not issue a special license plate for such other types of vehicles if the Department determines that the design or manufacture of the plate for those other types of vehicles would not be feasible. In addition, if the Department incurs additional costs to manufacture a special license plate for such other types of vehicles, including, without limitation, costs associated with the purchase, manufacture or modification of dies or other equipment necessary to manufacture the special license plate for such other types of vehicles, those additional costs must be paid from private sources without any expense to the State of Nevada.

      2.  If, as authorized pursuant to paragraph (b) of subsection 1, the Department issues a special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, the Department shall charge and collect for the issuance and renewal of such a plate the same fees that the Department would charge and collect if the other type of vehicle was a passenger car or light commercial vehicle. As used in this subsection, “fees” does not include any applicable registration or license fees or governmental services taxes.

      3.  As used in this section:

      (a) “Additional fees” has the meaning ascribed to it in NRS 482.38273.

      (b) “Charitable organization” means a particular cause, charity or other entity that receives money from the imposition of additional fees in connection with the issuance of a special license plate pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act. The term includes the successor, if any, of a charitable organization.

      Sec. 10. NRS 482.38276 is hereby amended to read as follows:

      482.38276  “Special license plate” means:

      1.  A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;

      2.  A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37904, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938, 482.37939, 482.37945 or 482.37947; and

      3.  Except for a license plate that is issued pursuant to NRS 482.3746, 482.3757, 482.3785, 482.3787 or 482.37901 [,] or section 1 of this act, a license plate that is approved by the Legislature after July 1, 2005.

 


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ê2019 Statutes of Nevada, Page 3093 (CHAPTER 516, SB 402)ê

 

      Sec. 11. NRS 482.399 is hereby amended to read as follows:

      482.399  1.  Upon the transfer of the ownership of or interest in any vehicle by any holder of a valid registration, or upon destruction of the vehicle, the registration expires.

      2.  Except as otherwise provided in NRS 482.2155 and subsection 3 of NRS 482.483, the holder of the original registration may transfer the registration to another vehicle to be registered by the holder and use the same regular license plate or plates or special license plate or plates issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1 of this act or 482.384, on the vehicle from which the registration is being transferred, if the license plate or plates are appropriate for the second vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and governmental services tax on the vehicle to which the registration is transferred over the total registration fee and governmental services tax paid on all vehicles from which he or she is transferring ownership or interest. Except as otherwise provided in NRS 482.294, an application for transfer of registration must be made in person, if practicable, to any office or agent of the Department or to a registered dealer, and the license plate or plates may not be used upon a second vehicle until registration of that vehicle is complete.

      3.  In computing the governmental services tax, the Department, its agent or the registered dealer shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle or on any other vehicle of which the person is the registered owner. If any person transfers ownership or interest in two or more vehicles, the Department or the registered dealer shall credit the portion of the tax paid on all of the vehicles attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner. The certificates of registration and unused license plates of the vehicles from which a person transfers ownership or interest must be submitted before credit is given against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner.

      4.  In computing the registration fee, the Department or its agent or the registered dealer shall credit the portion of the registration fee paid on each vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the vehicle to which registration is transferred.

      5.  If the amount owed on the registration fee or governmental services tax on the vehicle to which registration is transferred is less than the credit on the total registration fee or governmental services tax paid on all vehicles from which a person transfers ownership or interest, the person may apply the unused portion of the credit to the registration of any other vehicle owned by the person. Any unused portion of such a credit expires on the date the registration of the vehicle from which the person transferred the registration was due to expire.

      6.  If the license plate or plates are not appropriate for the second vehicle, the plate or plates must be surrendered to the Department or registered dealer and an appropriate plate or plates must be issued by the Department.

 


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ê2019 Statutes of Nevada, Page 3094 (CHAPTER 516, SB 402)ê

 

the Department. The Department shall not reissue the surrendered plate or plates until the next succeeding licensing period.

      7.  If application for transfer of registration is not made within 60 days after the destruction or transfer of ownership of or interest in any vehicle, the license plate or plates must be surrendered to the Department on or before the 60th day for cancellation of the registration.

      8.  Except as otherwise provided in subsection 2 of NRS 371.040, NRS 482.2155, subsections 7 and 8 of NRS 482.260 and subsection 3 of NRS 482.483, if a person cancels his or her registration and surrenders to the Department the license plates for a vehicle, the Department shall:

      (a) In accordance with the provisions of subsection 9, issue to the person a refund of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis; or

      (b) If the person does not qualify for a refund in accordance with the provisions of subsection 9, issue to the person a credit in the amount of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis. Such a credit may be applied by the person to the registration of any other vehicle owned by the person. Any unused portion of the credit expires on the date the registration of the vehicle from which the person obtained a refund was due to expire.

      9.  The Department shall issue a refund pursuant to subsection 8 only if the request for a refund is made at the time the registration is cancelled and the license plates are surrendered, the person requesting the refund is a resident of Nevada, the amount eligible for refund exceeds $100, and evidence satisfactory to the Department is submitted that reasonably proves the existence of extenuating circumstances. For the purposes of this subsection, the term “extenuating circumstances” means circumstances wherein:

      (a) The person has recently relinquished his or her driver’s license and has sold or otherwise disposed of his or her vehicle.

      (b) The vehicle has been determined to be inoperable and the person does not transfer the registration to a different vehicle.

      (c) The owner of the vehicle is seriously ill or has died and the guardians or survivors have sold or otherwise disposed of the vehicle.

      (d) Any other event occurs which the Department, by regulation, has defined to constitute an “extenuating circumstance” for the purposes of this subsection.

      Sec. 12. NRS 482.500 is hereby amended to read as follows:

      482.500  1.  Except as otherwise provided in subsection 2 or 3 or specifically provided by statute, whenever upon application any duplicate or substitute certificate of registration, indicator, decal or number plate is issued, the following fees must be paid:

 

For a certificate of registration.............................................................. $5.00

For every substitute number plate or set of plates.............................. 5.00

For every duplicate number plate or set of plates............................. 10.00

For every decal displaying a county name............................................. .50

For every other indicator, decal, license plate sticker or tab.............. 5.00

 


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ê2019 Statutes of Nevada, Page 3095 (CHAPTER 516, SB 402)ê

 

      2.  The following fees must be paid for any replacement number plate or set of plates issued for the following special license plates:

      (a) For any special plate issued pursuant to NRS 482.3667, 482.367002, 482.3672, 482.3675, 482.370 to 482.3755, inclusive, and section 1 of this act, 482.376 or 482.379 to 482.3818, inclusive, a fee of $10.

      (b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

      (c) Except as otherwise provided in paragraph (a) of subsection 1 of NRS 482.3824, for any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the Director for the issuance of those plates.

      3.  A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.

      4.  The fees which are paid for replacement number plates, duplicate number plates and decals displaying county names must be deposited with the State Treasurer for credit to the Motor Vehicle Fund and allocated to the Department to defray the costs of replacing or duplicating the plates and manufacturing the decals.

      Sec. 13. NRS 223.650 is hereby amended to read as follows:

      223.650  1.  The Advisory Council on Science, Technology, Engineering and Mathematics created by NRS 223.640 shall:

      (a) Develop a strategic plan for the development of educational resources in the fields of science, technology, engineering and mathematics to serve as a foundation for workforce development, college preparedness and economic development in this State;

      (b) Develop a plan for identifying and awarding recognition to pupils in this State who demonstrate exemplary achievement in the fields of science, technology, engineering and mathematics;

      (c) Develop a plan for identifying and awarding recognition to [not more than 15] schools in this State that demonstrate exemplary performance in the fields of science, technology, engineering and mathematics;

      (d) Conduct a survey of education programs and proposed programs relating to the fields of science, technology, engineering and mathematics in this State and in other states to identify recommendations for the implementation of such programs by public schools and institutions of higher education in this State and report the information gathered by the survey to the State Board of Education and the Board of Regents of the University of Nevada;

      (e) Apply for grants on behalf of the State of Nevada relating to the development and expansion of education programs in the fields of science, technology, engineering and mathematics;

      (f) Identify a nonprofit corporation to assist in the implementation of the plans developed pursuant to paragraphs (a), (b) and (c);

      (g) Prepare a written report which includes, without limitation, recommendations based on the survey conducted pursuant to paragraph (d) and any other recommendations concerning the instruction and curriculum in courses of study in science, technology, engineering and mathematics in public schools in this State and, on or before January 31 of each odd-numbered year, submit a copy of the report to the State Board of Education, the Board of Regents of the University of Nevada, the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature;

 


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      (h) Conduct surveys for and make recommendations as deemed necessary to the Office of Economic Development and the Governor’s Workforce Investment Board; and

      (i) Appoint a subcommittee on computer science consisting of at least three members to provide advice and recommendations to:

             (1) The State Board of Education, the Council to Establish Academic Standards for Public Schools, the boards of trustees of school districts and the governing bodies of charter schools and university schools for profoundly gifted pupils concerning the curriculum and materials for courses in computer science and computer education and technology and professional development for teachers who teach such courses; and

             (2) The Commission on Professional Standards in Education concerning the qualifications for licensing teachers and other educational personnel who teach courses in computer science or computer education and technology.

      2.  Each year the Council:

      (a) Shall establish an event in southern Nevada and an event in northern Nevada to recognize pupils in this State who demonstrate exemplary achievement in the fields of science, technology, engineering and mathematics. [The events must be held at an institution of higher education in this State.]

      (b) Shall establish a statewide event [which must be held in Carson City] to recognize [not more than 15] schools in this State that have demonstrated exemplary performance in the fields of science, technology, engineering and mathematics.

      (c) May accept any gifts, grants or donations from any source for use in carrying out the provisions of this subsection.

      3.  The Council or a subcommittee of the Council may seek the input, advice and assistance of persons and organizations that have knowledge, interest or expertise relevant to the duties of the Council.

      4.  The State Board of Education and the Board of Regents of the University of Nevada shall consider the plans developed by the Advisory Council on Science, Technology, Engineering and Mathematics pursuant to paragraphs (a), (b) and (c) of subsection 1 and the written report submitted pursuant to paragraph (g) of subsection 1. The State Board of Education shall adopt such regulations as the State Board deems necessary to carry out the recommendations in the written report.

      Sec. 14.  1.  There is hereby appropriated from the State General Fund to the Office of Science, Innovation and Technology in the Office of the Governor for awarding grants to elementary schools in this State to promote equitable access to and increase the quality of programs designed to introduce and teach science, technology, engineering and mathematics the following sums:

For the Fiscal Year 2019-2020.......................................................... $250,000

For the Fiscal Year 2020-2021.......................................................... $250,000

      2.  There is hereby appropriated from the State General Fund to the Office of Science, Innovation and Technology in the Office of the Governor to create a grant program for awarding grants in this State through regional advisory boards in each of three regions of this State to fund activities and programs in this State designed to increase awareness of, promote the benefits of and carry out programs that reinforce education in science, technology, engineering and mathematics the following sums:

 


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ê2019 Statutes of Nevada, Page 3097 (CHAPTER 516, SB 402)ê

 

For the Fiscal Year 2019-2020.......................................................... $300,000

For the Fiscal Year 2020-2021.......................................................... $300,000

      3.  The sums appropriated in subsections 1 and 2 are available for either fiscal year. Any balance of those sums must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which the 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 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. 15.  (Deleted by amendment.)

________

CHAPTER 517, SB 408

Senate Bill No. 408–Senators Dondero Loop, Woodhouse, Parks; and Cancela

 

CHAPTER 517

 

[Approved: June 7, 2019]

 

AN ACT relating to public safety; revising provisions relating to motorcycles, trimobiles and mopeds; revising provisions relating to the duties of a pedestrian at certain intersections; providing provisions governing the operation of a mobile carrying device on sidewalks and in crosswalks; revising provisions relating to the imposition by a court of the requirement to install an ignition interlock device for certain convictions; requiring the driver and passenger on a trimobile or a moped to wear protective headgear; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Sections 1 and 6 of this bill clarify that, for the purposes of vehicle registration and traffic laws, a vehicle designed to travel with three wheels in contact with the ground must be equipped with handlebars and a saddle seat to meet the definition of “trimobile.” (NRS 482.129, 486.057)

      Existing law provides pedestrians on or near a highway of this State with certain rights and imposes certain duties. (NRS 484B.280-484B.297) Section 2.7 of this bill authorizes the movement of a mobile carrying device on sidewalks and in crosswalks and provides that such a device generally has the rights and duties of a pedestrian. Such a device must have an operator who is actively monitoring the navigation and movement of the device, and the operator must ensure that the device does not: (1) fail to comply with traffic control signals or devices; (2) unreasonably interfere with pedestrians or vehicle traffic; (3) transport hazardous material or a person; and (4) fail to yield to pedestrians on a sidewalk or in a crosswalk. A violation of the provisions governing the operation of a mobile carrying device is not a misdemeanor, is not a moving traffic violation for the purposes of NRS 483.473 and is punishable by a civil penalty of $250. Section 2.5 defines a mobile carrying device generally as an electrically powered wheeled device that is intended primarily to transport personal property. Sections 1.5 and 2.9 of this bill make conforming changes. Sections 11 and 12 of this bill authorize the governing body of a county or a city, respectively, to enact an ordinance regulating the time, place and manner of the operation of a mobile carrying device to protect the health and safety of the public, except that such an ordinance may not prohibit the use of such a device on sidewalks that are at least 36 inches wide.

 


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device to protect the health and safety of the public, except that such an ordinance may not prohibit the use of such a device on sidewalks that are at least 36 inches wide.

      Existing law requires a person driving a motorcycle, other than a trimobile or a moped, to wear protective headgear. (NRS 486.231) Section 8 of this bill requires a driver or a passenger on a trimobile or a moped to wear protective headgear.

      Existing law requires the Department of Motor Vehicles to establish the Program for the Education of Motorcycle Riders, which provides courses in motorcycle safety. (NRS 486.372, 486.374) Certain persons in this State who hold a motorcycle driver’s license or a driver’s license with a motorcycle endorsement are eligible to enroll in the Program. (NRS 486.373) Section 9 of this bill authorizes the Program to include instruction applicable to a trimobile or a moped and section 10 of this bill makes a person who holds a driver’s license eligible to enroll in the Program.

      Existing law provides requirements for pedestrians crossing a highway of this State when certain signals are in place exhibiting the words “Walk,” “Wait” or “Don’t Walk.” (NRS 484B.283) Section 3 of this bill clarifies that, when a countdown timer is included with such signals, a pedestrian may cross a roadway when such a signal is flashing, so long as the pedestrian completes the crossing before the countdown timer reaches zero. Section 3 also revises references to include certain symbols displayed on such signals, including a walking person symbol and an upraised hand symbol.

      Under existing law a court must order a person who is convicted of certain offenses involving driving a motor vehicle while under the influence of intoxicating liquor, a controlled substance or a combination of both, to install an ignition interlock device. (NRS 484C.460) The interlock ignition device must be installed for a period of not less than 185 days unless: (1) the violation was punishable as a felony or vehicular homicide; (2) the person proximately caused the death of or substantial bodily injury to another; or (3) the person was found to have had a concentration of alcohol of 0.18 or more in his or her breath. If any of those conditions are present the interlock ignition device must be installed for a period of not less than 12 months or more than 36 months. Section 4 of this bill clarifies that such a person is only required to install the ignition interlock device for the longer time period if one of the conditions listed above is present. The result of the change is that regardless of whether or not a blood or breath test was administered, or whether the results or lack of results was used in the prosecution or defense of the person, so long as none of the conditions listed above are present, he or she is eligible for the shorter period of required use of an ignition interlock device, which section 4 requires to be 185 days.

      Existing law provides several exceptions to the requirement for installing an ignition interlock device upon a conviction if a court makes certain determinations. (NRS 484C.460) Section 4 eliminates from the list of exceptions a determination by the court that: (1) requiring the person to install a device would cause the person to experience an economic hardship; (2) the person requires the use of the motor vehicle to travel to and from work in the scope of his or her employment; or (3) the person requires the use of the motor vehicle to obtain medicine, food or other necessities or to obtain health care services for the person or a family member of the person.

      Finally, existing law requires the manufacturer of an ignition interlock device or an agent of the manufacturer to notify the Director of the Department if the device has been tampered with. (NRS 484C.460) Existing law also requires the Director, or the Director of the Department of Public Safety, to notify a court that has ordered an ignition interlock device if certain irregularities occurred with the device. (NRS 484C.460, 484C.470) Sections 4 and 5 of this bill require the manufacturer of the device or its agent to also notify the court in such circumstances.

 

 

 

 

 

 


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ê2019 Statutes of Nevada, Page 3099 (CHAPTER 517, SB 408)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 482.129 is hereby amended to read as follows:

      482.129  “Trimobile” means every motor vehicle equipped with handlebars and a saddle seat and designed to travel with three wheels in contact with the ground, at least one of which is power driven. The term does not include a motorcycle with a sidecar.

      Sec. 1.5. NRS 482.135 is hereby amended to read as follows:

      482.135  Except as otherwise provided in NRS 482.36348, “vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway. The term does not include:

      1.  Devices moved by human power or used exclusively upon stationary rails or tracks;

      2.  Mobile homes or commercial coaches as defined in chapter 489 of NRS; [or]

      3.  Electric personal assistive mobility devices [.] ; or

      4.  A mobile carrying device as that term is defined in section 2.5 of this act.

      Sec. 2. (Deleted by amendment.)

      Sec. 2.3. Chapter 484B of NRS is hereby amended by adding thereto the provisions set forth as sections 2.5 and 2.7 of this act.

      Sec. 2.5. “Mobile carrying device” means an electrically powered wheeled device that:

      1.  Is designed to operate semi-autonomously not more than 25 feet from its operator;

      2.  Is equipped with technology that allows for active monitoring of the operation of the device by the operator;

      3.  Is intended primarily to transport personal property on sidewalks and crosswalks;

      4.  Weighs less than 90 pounds when empty; and

      5.  Has a maximum speed of 12.5 miles per hour.

      Sec. 2.7. 1.  Except as otherwise provided in section 11 or 12 of this act, a mobile carrying device may be operated on a sidewalk or crosswalk provided that:

      (a) The operator of the mobile carrying device is actively monitoring the navigation and movement of the mobile carrying device;

      (b) The mobile carrying device is equipped with a braking device that enables the mobile carrying device to come to a controlled stop; and

      (c) The mobile carrying device is operated in accordance with any requirements imposed by this section.

      2.  The operator of a mobile carrying device may not allow a mobile carrying device to:

      (a) Operate on the highways of this State except when crossing within a crosswalk;

      (b) Fail to comply with any traffic-control signal or devices that a pedestrian is obligated to comply with;

      (c) Unreasonably interfere with pedestrians or vehicle traffic;

      (d) Transport hazardous material as that term is defined in NRS 459.7024; or

 


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ê2019 Statutes of Nevada, Page 3100 (CHAPTER 517, SB 408)ê

 

      (e) Transport a person.

      3.  A mobile carrying device has all the rights and duties of a pedestrian except those which by their nature can have no application, except that the operator of a mobile carrying device must ensure that the mobile carrying device yields the right of way to a pedestrian on a sidewalk or in a crosswalk.

      4.  A violation of this section:

      (a) Is not a misdemeanor;

      (b) Shall not be deemed a moving traffic violation; and

      (c) Is punishable by the imposition of a civil penalty of $250.

      Sec. 2.9. NRS 484B.003 is hereby amended to read as follows:

      484B.003  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 484B.007 to 484B.077, inclusive, and section 2.5 of this act have the meanings ascribed to them in those sections.

      Sec. 3. NRS 484B.283 is hereby amended to read as follows:

      484B.283  1.  Except as otherwise provided in NRS 484B.287, 484B.290 and 484B.350:

      (a) When official traffic-control devices are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be so to yield, to a pedestrian crossing the highway within a crosswalk when the pedestrian is upon the half of the highway upon which the vehicle is traveling [,] or onto which the vehicle is turning, or when the pedestrian is approaching so closely from the opposite half of the highway as to be in danger.

      (b) A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

      (c) Whenever a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle until the driver has determined that the vehicle being overtaken was not stopped for the purpose of permitting a pedestrian to cross the highway.

      (d) Whenever signals exhibiting the words “Walk[” or] “Don’t Walk[”] “Wait” or similar symbols are in place, such signals indicate as follows:

             (1) While the “Walk” indication or walking person symbol is illuminated, pedestrians facing the signal may proceed across the highway in the direction of the signal and must be given the right-of-way by the drivers of all vehicles.

             (2) While the “Don’t Walk” or “Wait” indication or an upraised hand symbol is illuminated, [either steady or] is flashing [,] and is accompanied by a countdown timer, a pedestrian [shall not start to cross] may proceed across the highway in the direction of the signal, but [any pedestrian who has partially completed] must complete the crossing [during the “Walk” indication shall proceed to a sidewalk, or to a safety zone if one is provided.

             (3) Whenever the word “Wait” still appears in a signal, the indication has the same meaning as assigned in this section to the “Don’t Walk” indication.

             (4) Whenever a signal system provides a signal phase for the stopping of all vehicular traffic and the exclusive movement of pedestrians, and “Walk” and “Don’t Walk” indications control pedestrian movement, pedestrians may cross in any direction between corners of the intersection offering the shortest route within the boundaries of the intersection when the “Walk” indication is exhibited, and when signals and other official traffic-control devices direct pedestrian movement in the manner provided in this section and in NRS 484B.307.]

 


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ê2019 Statutes of Nevada, Page 3101 (CHAPTER 517, SB 408)ê

 

pedestrians may cross in any direction between corners of the intersection offering the shortest route within the boundaries of the intersection when the “Walk” indication is exhibited, and when signals and other official traffic-control devices direct pedestrian movement in the manner provided in this section and in NRS 484B.307.] before the countdown timer gets to zero.

             (3) While the “Don’t Walk” or “Wait” indication or an upraised hand symbol is illuminated and flashing but is not accompanied by a countdown timer, a pedestrian may not proceed to cross the highway, but a pedestrian who entered the highway lawfully pursuant to subparagraph (1) may continue to cross the highway but must proceed to a curb, sidewalk, safety zone if one is provided or other place of safety before the “Don’t Walk” or “Wait” indication or an upraised hand symbol is illuminated and steady.

             (4) While the “Don’t Walk” or “Wait” indication or an upraised hand symbol is illuminated and steady a pedestrian may not proceed to cross the highway, but a pedestrian who entered the highway lawfully pursuant to subparagraph (1) or (2) may continue to cross the highway but must proceed to a curb, sidewalk, safety zone if one is provided or other place of safety as soon as possible.

      2.  If, while violating paragraph (a) or (c) of subsection 1, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.

      3.  A person who violates any provision of subsection 1 may be subject to the additional penalty set forth in NRS 484B.135.

      4.  As used in this section, “half of the highway” means all traffic lanes of a highway which are designated for traffic traveling in one direction, and includes the entire highway in the case of a one-way highway.

      Sec. 4. NRS 484C.460 is hereby amended to read as follows:

      484C.460  1.  Except as otherwise provided in subsections 2 and 5, a court shall order a person convicted of:

      (a) [A] Except as otherwise provided in paragraph (b), a violation of paragraph (a), (b) or (c) of subsection 1 or paragraph (b) of subsection 2 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 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.

 


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ê2019 Statutes of Nevada, Page 3102 (CHAPTER 517, SB 408)ê

 

      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

      [(d)](b) 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 and the manufacturer or its agent 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.

 


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ê2019 Statutes of Nevada, Page 3103 (CHAPTER 517, SB 408)ê

 

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.

      Sec. 5. NRS 484C.470 is hereby amended to read as follows:

      484C.470  1.  The court may extend the order of a person who is required to install a device pursuant to NRS 484C.210 or 484C.460, not to exceed one-half of the period during which the person is required to have a device installed, if the court receives from the Director of the Department of Public Safety or the manufacturer of the device or its agent a report that 4 consecutive months prior to the date of release any of the following incidents occurred:

      (a) Any attempt by the person to start the vehicle with a concentration of alcohol of 0.04 or more in his or her breath unless a subsequent test performed within 10 minutes registers a concentration of alcohol lower than 0.04 and the digital image confirms the same person provided both samples;

      (b) Failure of the person to take any random test unless a review of the digital image confirms that the vehicle was not occupied by the person at the time of the missed test;

      (c) Failure of the person to pass any random retest with a concentration of alcohol of 0.025 or lower in his or her breath unless a subsequent test performed within 10 minutes registers a concentration of alcohol lower than 0.025, and the digital image confirms the same person provided both samples;

      (d) Failure of the person to have the device inspected, calibrated, monitored and maintained by the manufacturer or its agent pursuant to subsection 4 of NRS 484C.460; or

      (e) Any attempt by the person to operate a motor vehicle without a device or tamper with the device.

      2.  A person required to install a device pursuant to NRS 484C.210 or 484C.460 shall not operate a motor vehicle without a device or tamper with the device.

      3.  A person who violates any provision of subsection 2:

      (a) Must have his or her driving privilege revoked in the manner set forth in subsection 4 of NRS 483.460; and

      (b) Shall be:

             (1) Punished by imprisonment in jail for not less than 30 days nor more than 6 months; or

             (2) Sentenced to a term of not less than 60 days in residential confinement nor more than 6 months, and by a fine of not less than $500 nor more than $1,000.

Ê No person who is punished pursuant to this section may be granted probation, and no sentence imposed for such a violation may be suspended. No prosecutor may dismiss a charge of such a violation in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless, in the judgment of the attorney, the charge is not supported by probable cause or cannot be proved at trial.

 


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ê2019 Statutes of Nevada, Page 3104 (CHAPTER 517, SB 408)ê

 

for any other reason unless, in the judgment of the attorney, the charge is not supported by probable cause or cannot be proved at trial.

      Sec. 6. NRS 486.057 is hereby amended to read as follows:

      486.057  “Trimobile” means every motor vehicle equipped with handlebars and a saddle seat and designed to travel with three wheels in contact with the ground, at least one of which is power driven. The term does not include a motorcycle with a sidecar.

      Sec. 7. (Deleted by amendment.)

      Sec. 8. NRS 486.231 is hereby amended to read as follows:

      486.231  1.  The Department shall adopt standards for protective headgear and protective glasses, goggles or face shields to be worn by the drivers and passengers of motorcycles and transparent windscreens for motorcycles.

      2.  Except as otherwise provided in this section, when any motorcycle [, except a trimobile] or moped [,] is being driven on a highway, the driver and passenger shall wear protective headgear securely fastened on the head and protective glasses, goggles or face shields meeting those standards. [Drivers and passengers of trimobiles shall wear protective glasses, goggles or face shields which meet those standards.]

      3.  When a motorcycle or a [trimobile] moped is equipped with a transparent windscreen meeting those standards, the driver and passenger are not required to wear glasses, goggles or face shields.

      4.  When a motorcycle or moped is being driven in a parade authorized by a local authority, the driver and passenger are not required to wear the protective devices provided for in this section.

      5.  When a three-wheel [motorcycle] vehicle, except a trimobile, on which the driver and passengers ride within an enclosed cab is being driven on a highway, the driver and passengers are not required to wear the protective devices required by this section.

      Sec. 9. NRS 486.370 is hereby amended to read as follows:

      486.370  “Motorcycle” [does not include a trimobile.] includes a moped.

      Sec. 10. NRS 486.373 is hereby amended to read as follows:

      486.373  1.  A resident of this State who holds a driver’s license, a motorcycle driver’s license or a motorcycle endorsement to a driver’s license or who is eligible to apply for such a license or endorsement, or a nonresident who is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard and who is stationed at a military installation located in Nevada, may enroll in the Program.

      2.  The Director shall establish a fee of not more than $150 for the Program.

      Sec. 11. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, the board of commissioners of each county in this State may, to protect the health and safety of the public, enact an ordinance which regulates the time, place and manner of the operation of a mobile carrying device in the unincorporated areas of the county, including, without limitation, by prohibiting the use of a mobile carrying device in a specified area of the county.

 


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ê2019 Statutes of Nevada, Page 3105 (CHAPTER 517, SB 408)ê

 

      2.  A board of county commissioners, in enacting an ordinance pursuant to subsection 1, may not prohibit the use of a mobile carrying device on a sidewalk in the county that is more than 36 inches wide.

      3.  As used in this section, “mobile carrying device” has the meaning ascribed to it in section 2.5 of this act.

      Sec. 12. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, the city council or other governing body of each incorporated city in this State, whether or not organized under general law or special charter, may, to protect the health and safety of the public, enact an ordinance which regulates the time, place and manner of the operation of a mobile carrying device in the city, including, without limitation, by prohibiting the use of a mobile carrying device in a specified area of the city.

      2.  A city council or governing body, in enacting an ordinance pursuant to subsection 1, may not prohibit the use of a mobile carrying device on a sidewalk in the city that is more than 36 inches wide.

      3.  As used in this section, “mobile carrying device” has the meaning ascribed to it in section 2.5 of this act.

________

CHAPTER 518, SB 425

Senate Bill No. 425–Senator Cannizzaro

 

CHAPTER 518

 

[Approved: June 7, 2019]

 

AN ACT relating to public welfare; requiring the Director of the Department of Health and Human Services to amend the State Plan for Medicaid to provide certain additional home and community-based services; requiring the Division of Health Care Financing and Policy of the Department to provide tenancy support services to the extent authorized by federal law; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under federal law, programs for home and community-based services for elderly and disabled individuals may be established at a statewide level under certain Medicaid provisions. Federal law authorizes states to implement certain home and community-based services, such as tenancy support services, for persons who are elderly or disabled. (42 U.S.C. § 1396n(i)) Existing law grants the Director of the Department of Health and Human Services broad authority to amend the State Plan for Medicaid to seek a Medicaid waiver under various Medicaid provisions. (NRS 422.270-422.27495)

      This bill requires the Director to include in the State Plan for Medicaid an option to provide certain additional home and community-based services, including, to the extent authorized, tenancy support services. This bill also requires the Division of Health Care Financing and Policy of the Department of Health and Human Services to adopt regulations to ensure the option complies with the requirements of federal law. (42 U.S.C. § 1396n(i))

 

 

 


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ê2019 Statutes of Nevada, Page 3106 (CHAPTER 518, SB 425)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 422 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Director shall include in the State Plan for Medicaid an option to provide certain additional home and community-based services in a manner consistent with 42 U.S.C. § 1396n(i). To the extent authorized by federal law, the Division shall provide tenancy support services to assist recipients of Medicaid pursuant to that option.

      2.  The Division shall adopt any regulations necessary to comply with the requirements of 42 U.S.C. § 1396n(i).

      3.  As used in this section, “tenancy support services” means services authorized pursuant to federal law that assist a recipient of Medicaid in obtaining and remaining in housing the Division determines to be adequate.

      Sec. 2.  This act becomes effective on January 1, 2020.

________

CHAPTER 519, SB 483

Senate Bill No. 483–Senators Spearman and D. Harris

 

CHAPTER 519

 

[Approved: June 7, 2019]

 

AN ACT relating to mental health; requiring the Statewide Program for Suicide Prevention to include the provision of suicide prevention training for family members of veterans, members of the military and other persons who are at risk of suicide; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates within the Department of Health and Human Services a Statewide Program for Suicide Prevention. Existing law requires the Program to carry out training programs for suicide prevention for law enforcement personnel, providers of health care, school employees and other persons who have contact with persons at risk of suicide. (NRS 439.511) This bill includes family members of veterans, members of the military and other persons at risk of suicide in the list of persons to whom such training must be provided.

      Existing law requires the Coordinator of the Program to provide training to persons who, as part of their usual routine, have face-to-face contact with persons who may be at risk of suicide. (NRS 439.511) This bill additionally requires the Coordinator to provide suicide prevention training for family members of veterans, members of the military and other persons at risk of suicide that includes instruction in certain topics.

 

 

 

 

 

 


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ê2019 Statutes of Nevada, Page 3107 (CHAPTER 519, SB 483)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 439.511 is hereby amended to read as follows:

      439.511  1.  There is hereby created within the Department a Statewide Program for Suicide Prevention. The Department shall implement the Statewide Program for Suicide Prevention, which must, without limitation:

      (a) Create public awareness for issues relating to suicide prevention;

      (b) Build community networks; and

      (c) Carry out training programs for suicide prevention for law enforcement personnel, providers of health care, school employees , family members of veterans, members of the military and other persons at risk of suicide and other persons who have contact with persons at risk of suicide.

      2.  The Director shall employ a Coordinator of the Statewide Program for Suicide Prevention. The Coordinator:

      (a) Must have at least the following education and experience:

             (1) A bachelor’s degree in social work, psychology, sociology, counseling or a closely related field and 5 years or more of work experience in behavioral health or a closely related field; or

             (2) A master’s degree or a doctoral degree in social work, psychology, sociology, counseling, public health or a closely related field and 2 years or more of work experience in behavioral health or a closely related field.

      (b) Should have as many of the following characteristics as possible:

             (1) Significant professional experience in social services, mental health or a closely related field;

             (2) Knowledge of group behavior and dynamics, methods of facilitation, community development, behavioral health treatment and prevention programs, and community-based behavioral health problems;

             (3) Experience in working with diverse community groups and constituents; and

             (4) Experience in writing grants and technical reports.

      3.  The Coordinator shall:

      (a) Provide educational activities to the general public relating to suicide prevention;

      (b) Provide training to persons who, as part of their usual routine, have face-to-face contact with persons who may be at risk of suicide, including, without limitation, training to recognize persons at risk of suicide and providing information on how to refer those persons for treatment or supporting services, as appropriate;

      (c) To the extent that money is available for this purpose, provide training to family members of veterans, members of the military and other persons at risk of suicide, including, without limitation, training in recognizing and productively interacting with persons at risk of suicide and the manner in which to refer those persons to persons professionally trained in suicide intervention and prevention;

      (d) Develop and carry out public awareness and media campaigns in each county targeting groups of persons who are at risk of suicide;

      [(d)](e) Enhance crisis services relating to suicide prevention;

 


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ê2019 Statutes of Nevada, Page 3108 (CHAPTER 519, SB 483)ê

 

      [(e)](f) Link persons trained in the assessment of and intervention in suicide with schools, public community centers, nursing homes and other facilities serving persons most at risk of suicide;

      [(f)](g) Coordinate the establishment of local advisory groups in each county to support the efforts of the Statewide Program;

      [(g)](h) Work with groups advocating suicide prevention, community coalitions, managers of existing crisis hotlines that are nationally accredited or certified, and staff members of mental health agencies in this State to identify and address the barriers that interfere with providing services to groups of persons who are at risk of suicide, including, without limitation, elderly persons, Native Americans, youths and residents of rural communities;

      [(h)](i) Develop and maintain an Internet or network site with links to appropriate resource documents, suicide hotlines that are nationally accredited or certified, licensed professional personnel, state and local mental health agencies and appropriate national organizations;

      [(i)](j) Review current research on data collection for factors related to suicide and develop recommendations for improved systems of surveillance and uniform collection of data;

      [(j)](k) Develop and submit proposals for funding from agencies of the Federal Government and nongovernmental organizations; and

      [(k)](l) Oversee and provide technical assistance to each person employed to act as a trainer for suicide prevention pursuant to NRS 439.513.

      4.  As used in this section:

      (a) “Internet or network site” means any identifiable site on the Internet or on a network and includes, without limitation:

             (1) A website or other similar site on the World Wide Web;

             (2) A site that is identifiable through a Uniform Resource Locator; and

             (3) A site on a network that is owned, operated, administered or controlled by a provider of Internet service.

      (b) “Systems of surveillance” means systems pursuant to which the health conditions of the general public are regularly monitored through systematic collection, evaluation and reporting of measurable information to identify and understand trends relating to suicide.

      Sec. 2.  This act becomes effective on July 1, 2019.

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ê2019 Statutes of Nevada, Page 3109ê

 

CHAPTER 520, SB 485

Senate Bill No. 485–Committee on Finance

 

CHAPTER 520

 

[Approved: June 7, 2019]

 

AN ACT relating to education; limiting the amount of reimbursement to which a hospital or other facility is entitled for educational services provided to certain pupils; authorizing certain hospitals or other facilities licensed in the District of Columbia or another state or territory of the United States to request reimbursement, under certain circumstances, for providing educational services to children in their care; revising the manner in which reimbursement is determined; authorizing the Department of Education, the county school districts, charter schools and the Division of Public and Behavioral Health of the Department of Health and Human Services to enter into a cooperative agreement for the provision of educational services to children with certain hospitals or other facilities licensed in another jurisdiction; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, certain hospitals and other facilities that provide residential treatment to children and also operate a licensed private school are authorized to request reimbursement from the Department of Education for the cost of providing educational services to a child who is verified to be a patient of the hospital or facility and attends the private school for more than 7 school days. Upon receiving such a request, the Department is required to determine the amount of reimbursement as a percentage of the basic support guarantee per pupil and withhold that amount from the school district or charter school where the child would attend school if the child were not in the hospital or facility. (NRS 387.1225) Existing law also authorizes the Department of Education, the county school districts, charter schools and the Division of Public and Behavioral Health of the Department of Health and Human Services to enter into a cooperative agreement for the provision of educational services at certain hospitals or other facilities that are licensed by the Division. (NRS 277.0655)

      Section 1 of this bill limits the number of days of instruction per year for which a hospital or facility is entitled to reimbursement to the number of days of instruction in 1 school year. Section 1 also authorizes certain hospitals and other facilities licensed in the District of Columbia or another state or territory of the United States that provide residential treatment to children who are residents of Nevada and operate an accredited educational program for those children to also seek reimbursement from the Department of Education for the cost of providing such educational services. Section 1 removes the requirement that the amount of a reimbursement provided to a hospital or facility be withheld from the school district or charter school where the child would attend school if the child were not in the hospital or facility, except with respect to the additional amount for providing education to a pupil with a disability. Section 1 additionally requires a hospital or facility that provides educational services to a pupil with disabilities to comply with applicable federal and state law concerning the education of pupils with disabilities to receive reimbursement. Section 2 of this bill authorizes the Department of Education, the county school districts, charter schools and the Division of Public and Behavioral Health of the Department of Health and Human Services to enter into a cooperative agreement for the provision of educational services at certain hospitals or other facilities that are licensed in another jurisdiction, provide residential treatment to children and operate an accredited educational program. Section 2.5 of this bill makes an appropriation to pay for the cost of auditing hospitals and facilities that receive reimbursement from the Department of Education for educational services to ensure compliance with applicable law.

 


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ê2019 Statutes of Nevada, Page 3110 (CHAPTER 520, SB 485)ê

 

cost of auditing hospitals and facilities that receive reimbursement from the Department of Education for educational services to ensure compliance with applicable law.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 387.1225 is hereby amended to read as follows:

      387.1225  1.  A hospital or other facility which is licensed by the Division of Public and Behavioral Health of the Department of Health and Human Services that provides residential treatment to children and which operates a private school licensed pursuant to chapter 394 of NRS may request reimbursement from the Department for the cost of providing educational services to a child who:

      (a) The Department verifies is a patient or resident of the hospital or facility; and

      (b) Attends the private school for more than 7 school days.

      2.  A hospital or other facility licensed in the District of Columbia or any state or territory of the United States that provides residential treatment and which operates an educational program accredited by a national organization and approved by the Department of Education may request reimbursement from the Department for the cost of providing educational services to a child who:

      (a) The Department verifies:

             (1) Is a patient or resident of the hospital or facility; and

             (2) Is a resident of this State;

      (b) Is admitted to the hospital or facility on an order from a physician because the necessary treatment required for the child is not available in this State;

      (c) Attends the accredited educational program for more than 7 school days;

      (d) Is not homeschooled or enrolled in a private school; and

      (e) Has been admitted to the medical facility under the order of a physician to receive medically necessary treatment for a medical or mental health condition with which the child has been diagnosed.

      3.  A hospital or other facility that wishes to receive reimbursement pursuant to subsection 2 shall:

      (a) Notify the school district or charter school in which the child is enrolled upon admitting the child to the accredited educational program; and

      (b) Transfer any educational records of the child to the school district or charter school in which the child is enrolled in accordance with any applicable regulations adopted pursuant to subsection 9.

      4.  Upon receiving a request for reimbursement [,] pursuant to subsection 1 or 2, the Department shall determine the amount of reimbursement to which the hospital or facility is entitled as a percentage of the basic support guarantee per pupil [and withhold that amount from the school district or charter school] as determined by the school where the child [would attend school if the child were not] was enrolled before being placed in the hospital or facility.

 


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ê2019 Statutes of Nevada, Page 3111 (CHAPTER 520, SB 485)ê

 

      5.  If the request for reimbursement is made pursuant to subsection 1, the child is a pupil with a disability [,] and the hospital or facility is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., NRS 388.417 to 388.5243, inclusive, and any regulations adopted pursuant thereto, the hospital or facility is also entitled to a corresponding percentage of the statewide multiplier included in the basic support guarantee per pupil pursuant to NRS 387.122 [.] which is withheld from the school district or charter school where the child was enrolled before being placed in the hospital or facility. The Department shall distribute the money withheld from the school district or charter school to the hospital or facility.

      [3.]6.  For the purposes of subsection [2,] 4 and 5, the amount of reimbursement to which the hospital or facility is entitled must be calculated on the basis of the number of school days the child is a patient or resident of the hospital or facility and attends the private school [,] or accredited educational program, as applicable, excluding the 7 school days prescribed in paragraph (b) of subsection 1 [,] or paragraph (c) of subsection 2, as applicable, in proportion to the number of days of instruction scheduled for that school year by the board of trustees of the school district or the charter school, as applicable.

      [4.]7.  A hospital or other facility is not entitled to reimbursement for days of instruction provided to a child in a year in excess of the minimum number of days of free school required by NRS 388.090.

      8.  If a hospital or other facility requests reimbursement from the Department for the cost of providing educational services to a pupil with a disability pursuant to subsection 1 or 2, the school district or charter school in which the child is enrolled shall be deemed to be the local educational agency for the child for the purposes of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., NRS 388.417 to 388.5243, inclusive, and any regulations adopted pursuant thereto.

      9.  The Department shall adopt any regulations necessary to carry out the provisions of this section [.

      5.] , which may include, without limitation, regulations to:

      (a) Prescribe a procedure for the transfer of educational records pursuant to subsection 3;

      (b) Carry out or ensure compliance with the requirements of subsections 4 and 5 concerning reimbursement for educational services provided to a pupil with a disability; and

      (c) Require the auditing of a hospital or other facility that requests reimbursement pursuant to this section to ensure compliance with any applicable provisions of federal or state law.

      10.  The provisions of this section must not be construed to authorize reimbursement pursuant to this section of a hospital or facility for the cost of health care services provided to a child.

      11. As used in this section:

      (a) “Hospital” has the meaning ascribed to it in NRS 449.012.

      (b) “Private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 2. NRS 277.0655 is hereby amended to read as follows:

      277.0655  1.  The Department of Education, the county school districts of the various counties, charter schools and the Division of Public and Behavioral Health of the Department of Health and Human Services may enter into cooperative agreements for the provision of educational services at any hospital or other facility which is licensed [by] :

 


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ê2019 Statutes of Nevada, Page 3112 (CHAPTER 520, SB 485)ê

 

enter into cooperative agreements for the provision of educational services at any hospital or other facility which is licensed [by] :

      (a) By the Division that provides residential treatment to children and which operates a private school licensed pursuant to chapter 394 of NRS [.] ; or

      (b) In the District of Columbia or any state or territory of the United States that:

             (1) Meets the requirements of 42 C.F.R. §§ 441.151 to 441.156, inclusive;

             (2) Provides residential treatment to children; and

             (3) Operates an educational program accredited by a national organization and approved by the Department of Education.

      2.  The authorization provided by subsection 1 includes the right to pay over money appropriated to a county school district or charter school for the education of a child placed in such a hospital or facility.

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

      Sec. 2.5.  1.  There is hereby appropriated from the State General Fund to the Department of Education:

      (a) Forty thousand dollars for virtual auditing of hospitals or other licensed facilities that receive reimbursement for educational services pursuant to NRS 387.1225, as amended by section 1 of this act.

      (b) Seventy two thousand dollars for in-person auditing of hospitals or other licensed facilities that receive reimbursement for educational services pursuant to NRS 387.1225, as amended by section 1 of this act.

      2.  Any remaining balance of the appropriation made by this section 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:

      1.  Upon passage and approval for the purposes of entering into cooperative agreements pursuant to section 2 of this act, adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      2.  On July 1, 2019, for all other purposes.

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ê2019 Statutes of Nevada, Page 3113ê

 

CHAPTER 521, SB 500

Senate Bill No. 500–Committee on Finance

 

CHAPTER 521

 

[Approved: June 7, 2019]

 

AN ACT relating to assisted living facilities; revising provisions governing the manner in which certain money allocated to pay for assisted living facilities is used; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Fund for a Healthy Nevada, which receives a portion of the proceeds received by the State from any settlement with or judgment against a manufacturer of tobacco products. (NRS 439.620) Existing law requires the Department of Health and Human Services to use the money in the Fund for certain purposes. Such purposes include making an annual allocation of $200,000 from the Fund to: (1) provide guaranteed funding to finance assisted living facilities that meet certain criteria prescribed in statute; and (2) fund such assisted living facilities and assisted living supportive services provided pursuant to the home and community-based services waiver under Medicaid. (NRS 439.630) This bill instead requires such money to be used to award competitive grants to finance the establishment or expansion of assisted living facilities that provide services pursuant to the provisions of the home and community-based services waiver. This bill additionally requires the Director of the Department to reallocate to the Aging and Disability Services Division of the Department any money remaining after awarding grants to eligible applicants. This bill requires the Division to use that money for certain independent living programs of the Division.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 439.630 is hereby amended to read as follows:

      439.630  1.  The Department shall:

      (a) Conduct, or require the Grants Management Advisory Committee created by NRS 232.383 to conduct, public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:

             (1) Promote public health;

             (2) Improve health services for children, senior citizens and persons with disabilities;

             (3) Reduce or prevent the abuse of and addiction to alcohol and drugs; and

             (4) Offer other general or specific information on health care in this State.

      (b) Establish a process to evaluate the health and health needs of the residents of this State and a system to rank the health problems of the residents of this State, including, without limitation, the specific health problems that are endemic to urban and rural communities, and report the results of the evaluation to the Legislative Committee on Health Care on an annual basis.

 


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ê2019 Statutes of Nevada, Page 3114 (CHAPTER 521, SB 500)ê

 

      (c) Subject to legislative authorization, allocate money for direct expenditure by the Department to pay for prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for senior citizens pursuant to NRS 439.635 to 439.690, inclusive. From the money allocated pursuant to this paragraph, the Department may subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to senior citizens pursuant to NRS 439.635 to 439.690, inclusive. The Department shall consider recommendations from the Grants Management Advisory Committee in carrying out the provisions of NRS 439.635 to 439.690, inclusive. The Department shall submit a quarterly report to the Governor, the Interim Finance Committee, the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate regarding the general manner in which expenditures have been made pursuant to this paragraph.

      (d) Subject to legislative authorization, allocate, by contract or grant, money for expenditure by the Aging and Disability Services Division of the Department in the form of grants for existing or new programs that assist senior citizens and other specified persons with independent living, including, without limitation, programs that provide:

             (1) Respite care or relief of informal caretakers, including, without limitation, informal caretakers of any person with Alzheimer’s disease or other related dementia regardless of the age of the person;

             (2) Transportation to new or existing services to assist senior citizens in living independently; and

             (3) Care in the home which allows senior citizens to remain at home instead of in institutional care.

Ê The Aging and Disability Services Division of the Department shall consider recommendations from the Grants Management Advisory Committee concerning the independent living needs of senior citizens.

      (e) Allocate $200,000 of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Director to [:

             (1) Provide guaranteed funding] award competitive grants to finance the establishment or expansion of assisted living facilities that [satisfy the criteria for certification set forth in NRS 319.147; and

             (2) Fund assisted living facilities that satisfy the criteria for certification set forth in NRS 319.147 and assisted living supportive services that are provided] provide services pursuant to the provisions of the home and community-based services waiver which are amended pursuant to NRS 422.3962.

[Ê] The Director shall develop policies and procedures for [distributing the money allocated] awarding grants pursuant to this paragraph. [Money] If any money allocated pursuant to this paragraph [does not revert to the Fund at the end of the fiscal year.] remains after awarding grants to all eligible applicants, the Director must reallocate such money to the Aging and Disability Services Division of the Department to be used for the purposes described in paragraph (d).

      (f) Subject to legislative authorization, allocate to the Division money for programs that are consistent with the guidelines established by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services relating to evidence-based best practices to prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.

 


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ê2019 Statutes of Nevada, Page 3115 (CHAPTER 521, SB 500)ê

 

Centers for Disease Control and Prevention of the United States Department of Health and Human Services relating to evidence-based best practices to prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco. In making allocations pursuant to this paragraph, the Division shall allocate the money, by contract or grant:

             (1) To the district board of health in each county whose population is 100,000 or more for expenditure for such programs in the respective county;

             (2) For such programs in counties whose population is less than 100,000; and

             (3) For statewide programs for tobacco cessation and other statewide services for tobacco cessation and for statewide evaluations of programs which receive an allocation of money pursuant to this paragraph, as determined necessary by the Division and the district boards of health.

      (g) Subject to legislative authorization, allocate, by contract or grant, money for expenditure for programs that improve the health and well-being of residents of this State, including, without limitation, programs that improve health services for children.

      (h) Subject to legislative authorization, allocate, by contract or grant, money for expenditure for programs that improve the health and well-being of persons with disabilities. In making allocations pursuant to this paragraph, the Department shall, to the extent practicable, allocate the money evenly among the following three types of programs:

             (1) Programs that provide respite care or relief of informal caretakers for persons with disabilities;

             (2) Programs that provide positive behavioral supports to persons with disabilities; and

             (3) Programs that assist persons with disabilities to live safely and independently in their communities outside of an institutional setting.

      (i)Subject to legislative authorization, allocate money for direct expenditure by the Department to subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to persons with disabilities pursuant to NRS 439.705 to 439.795, inclusive. The Department shall consider recommendations from the Grants Management Advisory Committee in carrying out the provisions of NRS 439.705 to 439.795, inclusive.

      (j) Maximize expenditures through local, federal and private matching contributions.

      (k)Ensure that any money expended from the Fund will not be used to supplant existing methods of funding that are available to public agencies.

      (l) Develop policies and procedures for the administration and distribution of contracts, grants and other expenditures to state agencies, political subdivisions of this State, nonprofit organizations, universities, state colleges and community colleges. A condition of any such contract or grant must be that not more than 8 percent of the contract or grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals per biennium.

      (m) To make the allocations required by paragraphs (f), (g) and (h):

             (1) Prioritize and quantify the needs for these programs;

             (2) Develop, solicit and accept applications for allocations;

 


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ê2019 Statutes of Nevada, Page 3116 (CHAPTER 521, SB 500)ê

 

             (3) Review and consider the recommendations of the Grants Management Advisory Committee submitted pursuant to NRS 232.385;

             (4) Conduct annual evaluations of programs to which allocations have been awarded; and

             (5) Submit annual reports concerning the programs to the Governor, the Interim Finance Committee, the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate.

      (n) Transmit a report of all findings, recommendations and expenditures to the Governor, each regular session of the Legislature, the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate.

      (o) After considering the recommendations submitted to the Director pursuant to subsection 6, develop a plan each biennium to determine the percentage of available money in the Fund for a Healthy Nevada to be allocated from the Fund for the purposes described in paragraphs (c), (d), (f), (g), (h) and (i). The plan must be submitted as part of the proposed budget submitted to the Chief of the Budget Division of the Office of Finance pursuant to NRS 353.210.

      (p) On or before September 30 of each even-numbered year, submit to the Grants Management Advisory Committee, the Nevada Commission on Aging created by NRS 427A.032 and the Nevada Commission on Services for Persons with Disabilities created by NRS 427A.1211 a report on the funding plan submitted to the Chief of the Budget Division of the Office of Finance pursuant to paragraph (o).

      2.  The Department may take such other actions as are necessary to carry out its duties.

      3.  To make the allocations required by paragraph (d) of subsection 1, the Aging and Disability Services Division of the Department shall:

      (a) Prioritize and quantify the needs of senior citizens and other specified persons for these programs;

      (b) Develop, solicit and accept grant applications for allocations;

      (c) As appropriate, expand or augment existing state programs for senior citizens and other specified persons upon approval of the Interim Finance Committee;

      (d) Award grants, contracts or other allocations;

      (e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and

      (f) Submit annual reports concerning the allocations made by the Aging and Disability Services Division pursuant to paragraph (d) of subsection 1 to the Governor, the Interim Finance Committee, the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate.

      4.  The Aging and Disability Services Division of the Department shall submit each proposed grant or contract which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the grant or contract is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The Aging and Disability Services Division of the Department shall not expend or transfer any money allocated to the Aging and Disability Services Division pursuant to this section to subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to senior citizens pursuant to NRS 439.635 to 439.690, inclusive, or to subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to persons with disabilities pursuant to NRS 439.705 to 439.795, inclusive.

 


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ê2019 Statutes of Nevada, Page 3117 (CHAPTER 521, SB 500)ê

 

limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to senior citizens pursuant to NRS 439.635 to 439.690, inclusive, or to subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to persons with disabilities pursuant to NRS 439.705 to 439.795, inclusive.

      5.  A veteran may receive benefits or other services which are available from the money allocated pursuant to this section for senior citizens or persons with disabilities to the extent that the veteran does not receive other benefits or services provided to veterans for the same purpose if the veteran qualifies for the benefits or services as a senior citizen or a person with a disability, or both.

      6.  On or before June 30 of each even-numbered year, the Grants Management Advisory Committee, the Nevada Commission on Aging and the Nevada Commission on Services for Persons with Disabilities each shall submit to the Director a report that includes, without limitation, recommendations regarding community needs and priorities that are determined by each such entity after any public hearings held by the entity.

      Sec. 2.  This act becomes effective on July 1, 2019.

________

CHAPTER 522, SB 530

Senate Bill No. 530–Committee on Finance

 

CHAPTER 522

 

[Approved: June 7, 2019]

 

AN ACT making a supplemental appropriation to the Nevada Supreme Court for a projected shortfall related to judicial selection processes; 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 Supreme Court the sum of $6,000 for a projected shortfall related to judicial selection processes. This appropriation is supplemental to that made by section 11 of chapter 396, Statutes of Nevada 2017, at page 2635.

      Sec. 2.  This act becomes effective upon passage and approval.

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ê2019 Statutes of Nevada, Page 3118ê

 

CHAPTER 523, SB 550

Senate Bill No. 550–Committee on Finance

 

CHAPTER 523

 

[Approved: June 7, 2019]

 

AN ACT relating to programs for public personnel; establishing for the 2019-2021 biennium the subsidies to be paid to the Public Employees’ Benefits Program for insurance for certain active and retired public officers and employees; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the State and local governments are required to pay a portion of the cost of coverage under the Public Employees’ Benefits Program for certain active and retired public officers and employees. (NRS 287.023, 287.044, 287.0445, 287.046) Section 1 of this bill establishes the amount of the State’s share of the costs of premiums or contributions for group insurance for active state officers and employees who participate in the Public Employees’ Benefits Program. Section 2 of this bill establishes the base amount for the share of the costs of premiums or contributions for group insurance under the Program that is required to be paid by the State and local governments for retired public officers and employees. Section 2 also establishes the share of the cost of qualified medical expenses for individual Medicare insurance plans through the Program that is required to be paid by the State and local governments for retired public officers and employees.

 

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.  For the purposes of NRS 287.044 and 287.0445, the State’s share of the cost of premiums or contributions for group insurance for each active state officer or employee who elects to participate in the Public Employees’ Benefits Program is:

      (a) For the Fiscal Year 2019-2020, $760.79 per month.

      (b) For the Fiscal Year 2020-2021, $783.30 per month.

      2.  If the amount of the State’s share pursuant to this section exceeds the actual premium or contribution for the plan of the Public Employees’ Benefits Program that the state officer or employee selects less any amount paid by the state officer or employee toward the premium or contribution, the balance must be credited to the Fund for the Public Employees’ Benefits Program created by NRS 287.0435, which may be used to pay a portion of the premiums or contributions for persons who are eligible to participate in the Public Employees’ Benefits Program through such a state officer or employee.

      Sec. 2.  1.  Except as otherwise provided in subsection 2, for the purposes of NRS 287.023 and 287.046, the base amount for the share of the cost of premiums or contributions for group insurance for each person who has retired with state service and continues to participate in the Public Employees’ Benefits Program to be paid by the State or a local government, as applicable, is:

      (a) For the Fiscal Year 2019-2020, $551.77 per month.

 


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ê2019 Statutes of Nevada, Page 3119 (CHAPTER 523, SB 550)ê

 

      (b) For the Fiscal Year 2020-2021, $478.15 per month.

      2.  For the purposes of NRS 287.023 and 287.046, the share of the cost of qualified medical expenses for each person who has retired with state service and whose coverage is provided through the Public Employees’ Benefits Program by an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., for Fiscal Year 2019-2020 and Fiscal Year 2020-2021 to be paid by the State or a local government, as applicable, is:

      (a) For those persons who retired before January 1, 1994:

             (1) For the Fiscal Year 2019-2020, $195.00 per month.

             (2) For the Fiscal Year 2020-2021, $195.00 per month.

      (b) For those persons who retired on or after January 1, 1994:

             (1) For the Fiscal Year 2019-2020, $13.00 per month per year of service, up to 20 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, up to a maximum of $260.00 per month.

             (2) For the Fiscal Year 2020-2021, $13.00 per month per year of service, up to 20 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, up to a maximum of $260.00 per month.

      3.  If the amount calculated pursuant to this section exceeds the actual premium or contribution for the plan of the Public Employees’ Benefits Program that the retired participant selects, the balance must be credited to the Fund for the Public Employees’ Benefits Program created by NRS 287.0435.

      Sec. 3.  Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after May 24, 2019.

      Sec. 4.  1.  This section and section 3 of this act become effective upon passage and approval.

      2.  Sections 1 and 2 of this act become effective on July 1, 2019.

________

CHAPTER 524, SB 552

Senate Bill No. 552–Committee on Legislative Operations and Elections

 

CHAPTER 524

 

[Approved: June 7, 2019]

 

AN ACT relating to the Legislative Department of the State Government; revising provisions governing the allowances for certain expenses incurred by a Legislator; authorizing the Legislative Commission to adopt regulations governing the methods of submitting certain reports to the Legislature and Legislative Counsel Bureau; revising provisions governing meetings of legislative studies and investigations; eliminating the duty of the Legislative Commission to adopt regulations relating to the collection of certain information relating to the offices of district attorneys and public defenders; revising the description of certain parcels of land reserved for the Legislature; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

      Existing law entitles a Legislator to receive an allowance for the payment of tolls and charges for telephone service incurred in the performance of official business during each regular and special Legislative Session. (NRS 218A.645, 218A.665) Sections 1 and 3 of this bill remove the expenses incurred by a Legislator for tolls and charges for land line telephone service from such an allowance and require these expenses to be paid from the Legislative Fund. Additionally, sections 1 and 2 of this bill eliminate the requirement in existing law of the consideration of the availability of state-owned automobiles in determining the allowance a Legislator is entitled to receive for expenses incurred for travel under certain circumstances. (NRS 218A.645, 218A.655)

      Existing law requires the submission of reports to the Legislature or the Legislative Counsel Bureau to be in electronic format, if practicable. (NRS 218A.750) Section 4 of this bill authorizes the Legislative Commission to provide by regulation for additional requirements for the submission of such reports.

      Under existing law, a legislative committee or subcommittee established to conduct a study or investigation assigned to the Legislative Commission is required to meet not earlier than January 1 of the even-numbered year and not later than June 30 of that year, unless otherwise ordered by the Legislative Commission. (NRS 218E.205) Section 5 of this bill changes the earliest date for such a committee or subcommittee to meet to November 1 of the odd-numbered year. Existing law also requires certain legislative committees created in existing law to meet not earlier than November 1 of each odd-numbered year. (NRS 218E.515, 218E.560, 218E.610, 218E.710, 218E.755, 218E.810, 439B.210, 459.0085) Sections 6-11, 13 and 14 of this bill change the earliest date for these legislative committees to meet to September 1 of each odd-numbered year.

      Existing law requires the Legislative Commission to prescribe regulations for the collection of information relating to the operation of the offices of district attorneys and public defenders in this State. (NRS 218E.300, 218E.305) Section 15 of this bill eliminates this requirement and section 12 of this bill makes a conforming change.

      Existing law reserves for the supervision and control of the Legislature certain parcels of land in Carson City, generally located in and around the Legislative Building. (NRS 331.135) Section 12.5 of this bill makes technical revisions to the description of one such parcel of land.

 

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 218A.645 is hereby amended to read as follows:

      218A.645  1.  The per diem allowance , [and the] travel [and telephone] expenses and expenses incurred in the performance of official business of Legislators in attendance at any regular or special session, presession orientation conference of the Legislature or training session conducted pursuant to NRS 218A.285 must be allowed in the manner set forth in this section.

      2.  For initial travel from the Legislator’s home to Carson City, Nevada, to attend a regular or special session, a presession orientation conference of the Legislature or a training session conducted pursuant to NRS 218A.285, and for return travel from Carson City, Nevada, to the Legislator’s home upon adjournment sine die of a regular or special session or termination of a presession orientation conference or a training session, each Legislator is entitled to receive:

 


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      (a) A per diem expense allowance, not to exceed the maximum rate established by the Federal Government for the Carson City area, for 1 day’s travel to and 1 day’s travel from the regular or special session, presession orientation conference or training session.

      (b) Travel expenses.

      3.  In addition to the per diem allowance and travel expenses authorized by subsection 2, each Legislator is entitled to receive a supplemental allowance which must not exceed:

      (a) A total of $10,000 during each regular session for:

             (1) The Legislator’s actual expenses in moving to and from Carson City for the regular session;

             (2) Travel to and from the Legislator’s home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the State which relates to legislative business;

             (3) If the Legislator rents furniture for the Legislator’s temporary residence rather than moving similar furniture from the Legislator’s home, the cost of renting that furniture not to exceed the amount that it would have cost to move the furniture to and from the Legislator’s home; and

             (4) If:

                   (I) The Legislator’s home is more than 50 miles from Carson City; and

                   (II) The Legislator maintains temporary quarters in or near Carson City for which the Legislator has entered into a lease or other agreement for occupancy during a regular session,

Ê the cost of such additional housing, paid at the end of each month during the regular session, beginning the month of the first day of the regular session and ending the month of the adjournment sine die of the regular session, in an amount that is the fair market rent for a one bedroom unit in Carson City as published by the United States Department of Housing and Urban Development prorated for the number of days of the month that the Legislator actually maintained the temporary quarters in or near Carson City. For the purposes of this subparagraph, any day before the first day of the regular session or after the day of the adjournment sine die of the regular session may not be counted as a day for which the Legislator actually maintained such temporary quarters; and

      (b) A total of $1,200 during each special session for travel to and from the Legislator’s home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the State which relates to legislative business.

      4.  Each Legislator is entitled to receive a per diem expense allowance, not to exceed the maximum rate established by the Federal Government for the Carson City area:

      (a) For each day that the Legislature is in a regular or special session, a presession orientation conference or a training session conducted pursuant to NRS 218A.285; and

      (b) For each day that the Legislator attends a meeting of a standing committee of which the Legislator is a member when the Legislature has adjourned for more than 4 days.

      5.  Each Legislator who maintains temporary quarters in or near Carson City for which the Legislator has entered into a lease or other agreement for continuous occupancy for the duration of a regular or special session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the Legislative Commission designates by rule as being allocated to lodging, for not more than 14 days in each period in which:

 


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entitled to receive a lodging allowance equal to that portion of the expense allowance which the Legislative Commission designates by rule as being allocated to lodging, for not more than 14 days in each period in which:

      (a) The Legislature has adjourned until a time certain; and

      (b) The Legislator is not entitled to a per diem allowance pursuant to subsection 4.

      6.  In addition to the per diem allowance authorized by subsection 4 and the lodging allowance authorized by subsection 5, each Legislator who maintains temporary quarters in or near Carson City for which the Legislator has entered into a lease or other agreement for continuous occupancy for the duration of a regular or special session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the Legislative Commission designates by rule as being allocated to lodging, for not more than 17 days in each period in which:

      (a) The Legislature has adjourned for more than 4 days; and

      (b) The Legislator must obtain temporary lodging in a location that a standing committee of which the Legislator is a member is meeting.

      7.  Each Legislator is entitled to receive a lodging allowance equal to that portion of the expense allowance which the Legislative Commission designates by rule as being allocated to lodging, for not more than 6 days in each period in which:

      (a) The Legislature has adjourned for more than 4 days; and

      (b) The Legislator must obtain temporary lodging in a location that a standing committee of which the Legislator is a member is meeting,

Ê if the Legislator is not entitled to the per diem allowance authorized by subsection 4 or the lodging allowances authorized by subsections 5 and 6.

      8.  Each Legislator is entitled to receive [a telephone] an allowance for the payment of expenses incurred by the Legislator in the performance of official business, except expenses from tolls and charges for the use of a land line telephone service, of:

      (a) Not more than $2,800 [for the payment of tolls and charges incurred by the Legislator in the performance of official business] during each regular session; and

      (b) Not more than $300 during each special session.

Ê Any expense incurred by a Legislator during each regular and special session from tolls and charges for the use of a land line telephone service must be paid from the Legislative Fund.

      9.  An employee of the Legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem allowance provided for state officers and employees generally if the employee is required to attend a hearing of the committee outside Carson City.

      10.  Claims for per diem expense allowances authorized by subsection 4 and lodging allowances authorized by subsections 5, 6 and 7 must be paid once each week during a regular or special session and upon completion of a presession orientation conference or a training session conducted pursuant to NRS 218A.285.

      11.  A claim for travel expenses authorized by subsection 2 or 3 must not be paid unless the Legislator submits a signed statement affirming:

      (a) The date of the travel; and

 


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      (b) The places of departure and arrival and, if the travel is by private conveyance, the actual miles traveled. If the travel is not by private conveyance, the claim must include a receipt or other evidence of the expenditure.

      12.  Travel expenses authorized by subsections 2 and 3 are limited to:

      (a) If the travel is by private conveyance, a rate equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax. If two or more Legislators travel in the same private conveyance, the Legislator who provided or arranged for providing the transportation is presumed entitled to reimbursement.

      (b) If the travel is not by private conveyance, the actual amount expended.

Ê Transportation must be by the most economical means, considering total cost [,] and time spent in transit . [and the availability of state-owned automobiles.]

      Sec. 2. NRS 218A.655 is hereby amended to read as follows:

      218A.655  1.  Except as otherwise provided in NRS 218A.645, each Legislator is entitled to receive an allowance for travel in the transaction of legislative business authorized by specific statute or the Legislative Commission, whether within or outside of the municipality or other area in which the Legislator’s principal office is located. Transportation must be by the most economical means, considering total cost [,] and time spent in transit . [and the availability of state-owned automobiles.] The allowance is:

      (a) If the travel is by private conveyance, the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.

      (b) If the travel is not by private conveyance, the actual amount expended.

      2.  Claims for expenses made pursuant to this section must be paid from the Legislative Fund unless otherwise provided by specific statute. A claim for travel expenses must not be paid unless the Legislator submits a signed statement affirming:

      (a) The date of travel; and

      (b) The places of departure and arrival and, if the travel is by private conveyance, the actual miles traveled. If the travel is not by private conveyance, the claim must include a receipt or other evidence of the expenditure.

      Sec. 3. NRS 218A.665 is hereby amended to read as follows:

      218A.665  1.  Each of the following officers of the Houses is entitled to an allowance of not more than $900 for each regular session and $64 for each special session for the payment of postage, [telephone tolls and other] communication charges other than tolls and charges for the use of a land line telephone service, and other expenses incurred by the officer in the performance of the officer’s duties:

      (a) The President and President Pro Tempore of the Senate.

      (b) The Speaker and Speaker Pro Tempore of the Assembly.

      (c) The Majority Floor Leader and Minority Floor Leader of each House.

      (d) The chair of each standing committee of each House, except that any chair who would otherwise qualify for more than one allowance is entitled only to one allowance.

      2.  All allowances made pursuant to this section and any expense incurred by an officer pursuant to this section during each regular and special session for tolls and charges for the use of a land line telephone service must be paid from the Legislative Fund.

 


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special session for tolls and charges for the use of a land line telephone service must be paid from the Legislative Fund.

      Sec. 4. NRS 218A.750 is hereby amended to read as follows:

      218A.750  1.  If a law or resolution requires or directs that a report be made to the Legislature, the Legislative Counsel Bureau, or any person or entity within the Legislature or the Legislative Counsel Bureau:

      [1.](a) The person or entity shall, if practicable, submit the report in electronic format.

      [2.](b) Submitting the report in electronic format satisfies the law or resolution.

      2.  In addition to the requirement set forth in subsection 1, the Legislative Commission may by regulation provide for additional requirements for the submission of such a report.

      Sec. 5. NRS 218E.205 is hereby amended to read as follows:

      218E.205  1.  Between regular sessions, the Legislative Commission:

      (a) Shall fix the work priority of all studies and investigations assigned to it by a statute or concurrent resolution or directed by an order of the Legislative Commission, within the limits of available time, money and staff.

      (b) Shall not make studies or investigations directed by a resolution of only one House or studies or investigations proposed but not approved during the preceding regular session.

      2.  All requests for the drafting of legislative measures to be recommended as the result of a study or investigation must be made in accordance with NRS 218D.160.

      3.  Except as otherwise provided by NRS 218E.210, between regular sessions, a study or investigation may not be initiated or continued by the Fiscal Analysts, the Legislative Auditor, the Legislative Counsel or the Research Director and their staffs, except studies and investigations which have been specifically authorized by a statute, concurrent resolution or order of the Legislative Commission.

      4.  A study or investigation may not be carried over from one regular session to the next without additional authorization by a statute, concurrent resolution or order of the Legislative Commission, except audits in progress whose carryover has been approved by the Legislative Commission.

      5.  Except as otherwise provided by a specific statute, the staff of the Legislative Counsel Bureau shall not serve as primary administrative or professional staff for a committee established by a statute, concurrent resolution or order of the Legislative Commission to conduct a study or investigation, unless the chair of the committee is required by the statute, concurrent resolution or order of the Legislative Commission to be a Legislator.

      6.  The Legislative Commission shall review and approve the budget and work program and any changes to the budget or work program for each study or investigation conducted by the Legislative Commission or a committee or subcommittee established by the Legislative Commission.

      7.  A committee or subcommittee established to conduct a study or investigation assigned to the Legislative Commission by a statute or concurrent resolution or directed by an order of the Legislative Commission must, unless otherwise ordered by the Legislative Commission, meet not earlier than [January] November 1 of the [even-] odd-numbered year and not later than June 30 of [that] the following even-numbered year.

 


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      Sec. 6. NRS 218E.515 is hereby amended to read as follows:

      218E.515  1.  Except as otherwise ordered by the Legislative Commission, the members of the Committee shall meet not earlier than [November] September 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the times and places specified by a call of the Chair or a majority of the Committee.

      2.  The Research Director or the Research Director’s designee shall act as the nonvoting recording Secretary.

      3.  The Committee shall prescribe rules for its own management and government.

      4.  Five members of the Committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the Committee.

      5.  Except during a regular or special session, for each day or portion of a day during which members of the Committee who are Legislators attend a meeting of the Committee or are otherwise engaged in the business of the Committee, the members are entitled to receive:

      (a) The compensation provided for a majority of the Legislators during the first 60 days of the preceding regular session;

      (b) The per diem allowance provided for state officers and employees generally; and

      (c) The travel expenses provided pursuant to NRS 218A.655.

      6.  All such compensation, per diem allowances and travel expenses must be paid from the Legislative Fund.

      7.  The member of the Committee who represents a local political subdivision is entitled to receive the subsistence allowances and travel expenses provided by law for his or her position for each day of attendance at a meeting of the Committee and while engaged in the business of the Committee, to be paid by the local political subdivision.

      Sec. 7. NRS 218E.560 is hereby amended to read as follows:

      218E.560  1.  Except as otherwise ordered by the Legislative Commission, the members of the Committee shall meet not earlier than [November] September 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the times and places specified by a call of the Chair or a majority of the Committee.

      2.  The Director or the Director’s designee shall act as the nonvoting recording Secretary.

      3.  The Committee shall adopt rules for its own management and government.

      4.  Except as otherwise provided in subsection 5, four members of the Committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the Committee.

      5.  Any recommended legislation proposed by the Committee must be approved by a majority of the members of the Senate and by a majority of the members of the Assembly appointed to the Committee.

      6.  Except during a regular or special session, for each day or portion of a day during which a member of the Committee attends a meeting or is otherwise engaged in the business of the Committee, the member is entitled to receive:

      (a) The compensation provided for a majority of the Legislators during the first 60 days of the preceding regular session;

      (b) The per diem allowance provided for state officers and employees generally; and

 


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      (c) The travel expenses provided pursuant to NRS 218A.655.

      7.  All such compensation, per diem allowances and travel expenses and any other expenses of the Committee must be paid from the Legislative Fund.

      Sec. 8. NRS 218E.610 is hereby amended to read as follows:

      218E.610  1.  Except as otherwise ordered by the Legislative Commission, the members of the Committee shall meet not earlier than [November] September 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the times and places specified by a call of the Chair or a majority of the Committee.

      2.  The Director or the Director’s designee shall act as the nonvoting recording Secretary of the Committee.

      3.  Five members of the Committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the Committee.

      4.  Except during a regular or special session, for each day or portion of a day during which a member of the Committee attends a meeting of the Committee or is otherwise engaged in the business of the Committee, the member is entitled to receive the:

      (a) Compensation provided for a majority of the Legislators during the first 60 days of the preceding regular session;

      (b) Per diem allowance provided for state officers and employees generally; and

      (c) Travel expenses provided pursuant to NRS 218A.655.

      5.  All such compensation, per diem allowances and travel expenses must be paid from the Legislative Fund.

      Sec. 9. NRS 218E.710 is hereby amended to read as follows:

      218E.710  1.  Except as otherwise ordered by the Legislative Commission, the members of the Committee shall meet not earlier than [November] September 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the times and places specified by a call of the Chair or a majority of the Committee.

      2.  The Director or the Director’s designee shall act as the nonvoting recording Secretary of the Committee.

      3.  Four members of the Committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the Committee.

      4.  Except during a regular or special session, for each day or portion of a day during which a member of the Committee attends a meeting of the Committee or is otherwise engaged in the business of the Committee, the member is entitled to receive the:

      (a) Compensation provided for a majority of the Legislators during the first 60 days of the preceding regular session;

      (b) Per diem allowance provided for state officers and employees generally; and

      (c) Travel expenses provided pursuant to NRS 218A.655.

      5.  All such compensation, per diem allowances and travel expenses must be paid from the Legislative Fund.

      Sec. 10. NRS 218E.755 is hereby amended to read as follows:

      218E.755  1.  Except as otherwise ordered by the Legislative Commission, the members of the Committee shall meet not earlier than [November] September 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the times and places specified by a call of the Chair or by a majority of the Committee.

 


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      2.  The Director or the Director’s designee shall act as the nonvoting recording Secretary of the Committee.

      3.  Four members of the Committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the Committee.

      4.  Except during a regular or special session, for each day or portion of a day during which a member of the Committee attends a meeting of the Committee or is otherwise engaged in the business of the Committee, the member is entitled to receive the:

      (a) Compensation provided for a majority of the Legislators during the first 60 days of the preceding regular session;

      (b) Per diem allowance provided for state officers and employees generally; and

      (c) Travel expenses provided pursuant to NRS 218A.655.

      5.  All such compensation, per diem allowances and travel expenses must be paid from the Legislative Fund.

      Sec. 11. NRS 218E.810 is hereby amended to read as follows:

      218E.810  1.  Except as otherwise ordered by the Legislative Commission, the members of the Committee shall meet not earlier than [November] September 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the times and places specified by a call of the Chair or a majority of the Committee.

      2.  The Director or the Director’s designee shall act as the nonvoting recording Secretary of the Committee.

      3.  Four members of the Committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the Committee.

      4.  Except during a regular or special session, for each day or portion of a day during which a member of the Committee attends a meeting of the Committee or is otherwise engaged in the business of the Committee, the member is entitled to receive the:

      (a) Compensation provided for a majority of the Legislators during the first 60 days of the preceding regular session;

      (b) Per diem allowance provided for state officers and employees generally; and

      (c) Travel expenses provided pursuant to NRS 218A.655.

      5.  All such compensation, per diem allowances and travel expenses must be paid from the Legislative Fund.

      Sec. 12. NRS 180.080 is hereby amended to read as follows:

      180.080  1.  The State Public Defender shall submit:

      (a) A report on or before December 1 of each year to the Governor and to each participating county containing a statement of:

             (1) The number of cases that are pending in each participating county;

             (2) The number of cases in each participating county that were closed in the previous fiscal year;

             (3) The total number of criminal defendants represented in each participating county with separate categories specifying the crimes charged and whether the defendant was less than 18 years of age or an adult;

             (4) The total number of working hours spent by the State Public Defender and the State Public Defender’s staff on work for each participating county; and

            (5) The amount and categories of the expenditures made by the State Public Defender’s office.

 


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      (b) To each participating county, on or before December 1 of each even-numbered year, the total proposed budget of the State Public Defender for that county, including the projected number of cases and the projected cost of services attributed to the county for the next biennium.

      [(c) Such reports to the Legislative Commission as the regulations of the Commission require.]

      2.  As used in this section, “participating county” means each county in which the office of public defender has not been created pursuant to NRS 260.010.

      Sec. 12.5. NRS 331.135 is hereby amended to read as follows:

      331.135  1.  The Legislature reserves the supervision and control, both during and between legislative sessions, of:

      (a) The entire Legislative Building, including its chambers, offices and other rooms, and its furnishings and equipment.

      (b) A portion of the parcel of land bounded on the west by Carson Street, on the south by Fifth Street, on the east by a portion of the abandoned Fall [Street,] and Plaza Streets, and on the north by the sidewalk along the south fence of the capitol grounds, situated in a portion of the Capitol Complex, as shown on the Record of Survey Map No. 297, Official Records of Carson City, Nevada, File No. 3043, section 17, T. 15 N., R. 20 E., M.D.M., more particularly described as follows:

 

       Beginning at the southwest corner of block 36, Sears, Thompson and Sears Division, as shown on that record of survey;

       Thence N 89°52¢32² E, a distance of 443.93 feet;

       Thence N 00°12¢15² E, a distance of 302.14 feet;

       Thence N 44°47¢45² W, a distance of [189.88] 327.16 feet to the [north side of an existing sidewalk;

       Thence N 89°39¢33² W, along that sidewalk, a distance of 97.13 feet to the] east side of an existing sidewalk;

       Thence N 00°14¢26² E, along that sidewalk, a distance of [270.00] 173.16 feet, more or less, to the north line of a sidewalk;

       Thence N 89°47¢45² W, along that sidewalk, a distance of 212.50 feet, to the east right-of-way line of Carson Street;

       Thence S 00°13¢08² W, along that line, a distance of 709.40 feet, more or less, to the true point of beginning.

       Containing [5.572] 5.68 acres, more or less.

 

      (c) The entire parcel of land bounded on the north by Fifth Street, on the south by Sixth Street, on the east by Stewart Street and on the west by Plaza Street, also described as blocks 2 and 3, Pierson and Goodridge Addition; and that portion of Fall Street between Fifth Street and Sixth Street abandoned by Carson City on April 26, 1990, Meeting Agenda Item 9 M-89/90-10. Also the entire parcel of land bounded on the north by the south boundary line of block 2, Pierson and Goodridge Addition, on the south by Seventh Street, on the east by Stewart Street and on the west by Fall Street, and further described as block 7, Pierson and Goodridge Addition.

      (d) The entire parcel of land bounded on the north by Sixth Street, on the south by Seventh Street, on the east by Fall Street, and on the west by Plaza Street, also described as block 6, Pierson and Goodridge Addition.

      (e) The entire parcel of land bounded on the north by Fourth Street, on the west by Stewart Street, on the south by Fifth Street, and on the east by the abandoned right-of-way of Valley Street, also described as block 39 of Sears, Thompson and Sears Division of Carson City; and the west 30.00 feet of the abandoned right-of-way of Valley Street abutting block 39 of Sears, Thompson and Sears Division.

 


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ê2019 Statutes of Nevada, Page 3129 (CHAPTER 524, SB 552)ê

 

the abandoned right-of-way of Valley Street, also described as block 39 of Sears, Thompson and Sears Division of Carson City; and the west 30.00 feet of the abandoned right-of-way of Valley Street abutting block 39 of Sears, Thompson and Sears Division. Excepting therefrom that portion of Stewart and Fifth Streets deeded to the State of Nevada through its Department of Transportation as recorded in book 283, page 208, of Deeds, Carson City, Nevada.

      (f) The entire parcel of land bounded on the north by Third Street, on the west by Stewart Street, on the south by Fourth Street, and on the east by Valley Street, also described as block 22 of Sears, Thompson and Sears Division of Carson City; and the land occupied by the state printing warehouse in block 21 of Sears, Thompson and Sears Division of Carson City; and the abandoned right-of-way of Fourth Street between block 22 of Sears, Thompson and Sears Division and block 39 of Sears, Thompson and Sears Division of Carson City. Excepting therefrom that portion of Stewart Street deeded to the State of Nevada through its Department of Transportation as recorded in book 283, page 208, of Deeds, Carson City, Nevada.

      (g) Any other property acquired for the use of the Legislature or its staff.

Ê Title to the property described in this subsection must be held in the name of the Legislature of the State of Nevada.

      2.  The Director of the Legislative Counsel Bureau:

      (a) Shall provide an individual office for each Legislator whose position as an officer or as a chair of a committee does not otherwise entitle the Legislator to occupy an assigned office.

      (b) May assign the use of space in the Legislative Building or other legislative facilities or on the legislative grounds in such a manner as the Legislative Commission prescribes.

      3.  The Director of the Legislative Counsel Bureau shall cause the Legislative Building, chambers and grounds and other legislative facilities to be kept in good repair, clean, orderly and presentable as befits public property and the dignity of the Legislature. For this purpose he or she may, in addition to the general power of the Director to employ or contract for the services of personnel, contract with any private enterprise or governmental agency for the provision of appropriate services.

      Sec. 13. NRS 439B.210 is hereby amended to read as follows:

      439B.210  1.  Except as otherwise ordered by the Legislative Commission, the members of the Committee shall meet not earlier than [November] September 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the times and places specified by a call of the Chair or a majority of the Committee. The Director of the Legislative Counsel Bureau or a person designated by the Director shall act as the nonvoting recording Secretary. The Committee shall prescribe regulations for its own management and government. Four members of the Committee constitute a quorum, and a quorum may exercise all the powers conferred on the Committee.

      2.  Except during a regular or special session of the Legislature, members of the Committee are entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days

 


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

ê2019 Statutes of Nevada, Page 3130 (CHAPTER 524, SB 552)ê

 

of the preceding regular session for each day or portion of a day during which the member attends a meeting of the Committee or is otherwise engaged in the business of the Committee plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218A.655.

      3.  The salaries and expenses of the Committee must be paid from the Legislative Fund.

      Sec. 14. NRS 459.0085 is hereby amended to read as follows:

      459.0085  1.  There is hereby created a Committee on High-Level Radioactive Waste. It is a committee of the Legislature composed of:

      (a) Four members of the Senate, appointed by the Majority Leader of the Senate.

      (b) Four members of the Assembly, appointed by the Speaker.

      2.  The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program. The Legislative Commission shall select a Chair and a Vice Chair from the members of the Committee.

      3.  Except as otherwise ordered by the Legislative Commission, the Committee shall meet not earlier than [November] September 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the call of the Chair to study and evaluate:

      (a) Information and policies regarding the location in this State of a facility for the disposal of high-level radioactive waste;

      (b) Any potentially adverse effects from the construction and operation of a facility and the ways of mitigating those effects; and

      (c) Any other policies relating to the disposal of high-level radioactive waste.

      4.  The Committee may conduct investigations and hold hearings in connection with its functions and duties and exercise any of the investigative powers set forth in NRS 218E.105 to 218E.140, inclusive.

      5.  The Committee shall report the results of its studies and evaluations to the Legislative Commission and the Interim Finance Committee at such times as the Legislative Commission or the Interim Finance Committee may require.

      6.  The Committee may recommend any appropriate legislation to the Legislature and the Legislative Commission.

      7.  The Director of the Legislative Counsel Bureau shall provide a Secretary for the Committee on High-Level Radioactive Waste.

      8.  Except during a regular or special session of the Legislature, each member of the Committee is entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session for each day or portion of a day during which the member attends a Committee meeting or is otherwise engaged in the work of the Committee plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218A.655. Per diem allowances, salary and travel expenses of members of the Committee must be paid from the Legislative Fund.

      Sec. 15. NRS 218E.300 and 218E.305 are hereby repealed.

      Sec. 16.  This act becomes effective upon passage and approval.

________

 


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

ê2019 Statutes of Nevada, Page 3131ê

 

CHAPTER 525, SB 553

Senate Bill No. 553–Committee on Finance

 

CHAPTER 525

 

[Approved: June 7, 2019]

 

AN ACT relating to state financial administration; authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the State Government for the 2019-2021 biennium; authorizing the collection of certain amounts from the counties for the use of the services of the State Public Defender; 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.  Expenditure of the following sums 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 various officers, departments, boards, agencies, commissions and institutions of the State Government mentioned in this act:

                                                                                       2019-2020                2020-2021

Governor’s Office:

      High Level Nuclear Waste                                  $550,000                    $550,000

      Washington Office                                                 259,434                      259,434

      Office of Energy                                                   1,417,171                   1,499,262

      Renewable Energy, Efficiency and Conservation Loan 946,932          635,211

      Renewable Energy Account                            13,177,376                 12,718,779

      Nevada Athletic Commission                            3,056,993                   3,207,402

      Office of Workforce Innovation                        4,070,279                   3,434,656

      Western Interstate Commission for Higher Education:

                   Loans and Stipends                                 $396,066                    $399,348

Commission on Ethics:

      Commission on Ethics                                          $688,187                    $685,886

Attorney General’s Office:

      Office of the Extradition Coordinator                   $56,182                      $56,182

      Attorney General Administration Budget Account 26,778,804      28,790,573

      Special Litigation Account                                 1,977,545                   1,980,101

      Workers’ Compensation Fraud                         4,596,956                   4,610,020

      Crime Prevention                                                       35,755                        35,755

      Medicaid Fraud Control Unit                             3,563,078                   3,380,875

      Bureau of Consumer Protection                        4,722,518                   4,372,522

      Grants Unit                                                            3,791,169                   3,775,913

      Advisory Council for Prosecuting Attorneys    267,229                      224,930

      Victims of Domestic Violence                               390,202                      384,736

      Forfeiture                                                                  175,329                      177,351

 


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

ê2019 Statutes of Nevada, Page 3132 (CHAPTER 525, SB 553)ê

 

                                                                                       2019-2020                2020-2021

      Attorney General Tort Claims Fund                $9,799,200                 $9,816,224

      National Settlement Administration                15,413,824                   9,587,107

      State Settlements                                                 3,300,422                   3,142,787

Office of the State Controller:

      Controller’s Office                                                $392,765                    $395,590

      Debt Recovery Account                                        776,016                      762,168

Office of the Secretary of State:

      Secretary of State                                                  $188,931                    $188,931

      Help America Vote Act                                       3,456,294                      953,152

Office of the State Treasurer:

      State Treasurer                                                   $2,381,903                 $2,424,324

      Higher Education Tuition Administration          880,359                      805,466

      Bond Interest and Redemption                      357,911,813               392,747,684

      Municipal Bond Bank Revenue                         7,666,126                   7,666,576

      Municipal Bond Bank Debt Service                  7,721,629                   7,722,079

      Millennium Scholarship Administration             375,579                      383,892

      Nevada College Savings Trust                          3,556,082                   3,592,420

      Endowment Account                                        17,617,285                 18,536,127

      Unclaimed Property                                             2,651,131                   2,677,773

Department of Administration:

      Director’s Office                                                    $859,297                    $845,361

      Deferred Compensation Committee                     513,803                      543,116

      Hearings Division                                                5,476,165                   5,554,267

      Insurance and Loss Prevention                       32,892,094                 32,287,326

      Fleet Services Division                                       6,581,000                   7,735,926

      Fleet Services Capital Purchase                         1,634,701                   2,423,143

      Purchasing Division                                            4,347,836                   4,889,506

      Federal Surplus Property Program                         92,444                      147,510

      Victims of Crime                                                 11,400,819                   9,586,627

      State Public Works Division – Administration 1,209,120                  1,237,883

      State Public Works Division – Buildings and Grounds 19,339,101 19,379,571

      State Public Works Division – Engineering and Planning               7,764,725  8,170,003

      State Public Works Division – Marlette Lake 1,177,438                   1,153,903

      State Unemployment Compensation                2,278,666                   2,232,880

      Human Resource Management                         9,685,495                   9,681,591

      Agency HR Services                                           1,123,116                   1,171,526

      Administrative Services Division                      3,559,263                   3,644,959

      Agency IT Services                                           11,873,361                 12,291,609

      Office of Chief Information Officer                    1,986,722                   1,831,398

      Computer Facility                                               24,272,327                 25,347,231

      Data Communications and Network Engineering 8,130,758              8,956,039

      Telecommunications                                           3,794,034                   3,925,212

      Network Transport Services                              6,173,731                   6,234,477

      Security                                                                 3,051,753                   2,894,954

      State Library                                                         1,882,922                   1,882,922

 


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

ê2019 Statutes of Nevada, Page 3133 (CHAPTER 525, SB 553)ê

 

                                                                                       2019-2020                2020-2021

      State Library – Archives and Public Records    $37,556                      $37,556

      State Library – Library Cooperative                     347,477                      283,747

      State Library – Mail Services                             7,324,143                   7,358,628

      State Library – Mail Services Equipment            148,036                      147,732

      State Library – IPS Equipment/Software               47,046                        52,457

Supreme Court of Nevada:

      Administrative Office of the Courts                $5,420,792                 $5,598,768

      Judicial Programs and Services Division            501,144                      501,144

      Uniform System of Judicial Records                 2,182,986                   2,070,650

      Judicial Education                                                1,334,199                   1,310,744

      Judicial Support, Governance and Special Events 789,907                   877,103

      Supreme Court                                                      5,190,093                   5,215,792

      Specialty Court                                                     6,813,574                   6,675,630

      Senior Justice and Senior Judge Program           519,176                      521,558

      Supreme Court Law Library                                       2,250                          2,250

Department of Tourism and Cultural Affairs:

      Tourism Development Fund                          $31,825,819               $31,613,227

      Tourism Development                                            219,203                      223,855

      Nevada Magazine                                                1,284,187                   1,356,815

      Museums and History Administration                427,847                      420,991

      Lost City Museum                                                  355,194                      364,413

      Nevada Historical Society                                     359,287                      369,608

      Nevada State Museum, Carson City                 1,196,882                   1,223,588

      Nevada State Museum, Las Vegas                   1,005,248                   1,032,244

      Nevada State Railroad Museums                      1,132,546                   1,156,376

      Nevada Arts Council                                           2,211,746                   2,202,753

      Nevada Indian Commission                                    90,029                        93,042

      Stewart Indian School Living Legacy                  195,397                      189,879

Governor’s Office of Economic Development:

      Governor’s Office of Economic Development  $624,274                    $624,274

      Nevada Film Office                                                 861,407                      867,601

      Rural Community Development                         3,229,270                   3,229,026

      Procurement Outreach Program                            600,000                      600,000

      Nevada SSBCI Program                                      3,576,981                   2,629,894

      Nevada Catalyst Fund                                        1,232,000                      462,500

      Nevada Knowledge Fund                                   2,080,123                                 0

      Small Business Enterprise Loan Account           558,110                      758,110

Department of Taxation:

      Department of Taxation                                    $1,134,605                 $1,109,268

Legislative Counsel Bureau:

      Legislative Counsel Bureau                                $576,916                    $586,984

      State Printing Office                                            2,821,716                   3,004,083

Peace Officers’ Standards and Training Commission:

      Peace Officers’ Standards and Training Commission $2,855,543   $2,857,810

Department of Veterans Services:

      Office of Veterans Services                              $2,444,031                 $2,500,372

 


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

ê2019 Statutes of Nevada, Page 3134 (CHAPTER 525, SB 553)ê

 

                                                                                       2019-2020                2020-2021

      Southern Nevada Veterans Home Account $24,724,992               $25,240,836

      Northern Nevada Veterans Home Account     7,202,424                   8,236,292

Department of Education:

      Educational Trust Account                                 $785,366                    $830,051

      Career and Technical Education                      12,397,199                 11,747,199

      Account for Alternative Schools                         694,265                          4,600

      Continuing Education                                         6,350,279                   6,350,279

      Educator Licensure                                              4,064,951                   3,774,835

      Office of Early Learning and Development      6,162,301                   6,162,301

      Student and School Support                          151,940,960               151,940,708

      Individuals with Disabilities Education Act  81,437,217                 81,434,921

      District Support Services                                       778,223                      795,621

      Department Support Services                            5,142,887                   6,580,466

      Data Systems Management                                  237,015                      245,410

      Standards and Instructional Support                  382,412                      389,728

      Educator Effectiveness                                     11,747,199                 11,747,199

      Assessments and Accountability                     4,580,859                   4,564,086

      Safe and Respectful Learning                            1,485,644                   1,432,165

      Office of the Superintendent                                     1,000                          1,000

      Parental Involvement and Family Engagement             0                        10,000

State Public Charter School Authority:

      State Public Charter School Authority         $21,398,092               $21,660,947

      Public Charter School Loan Program                   662,870                      773,229

Nevada System of Higher Education:

      University of Nevada, Reno                         $115,268,957             $119,634,604

      UNR School of Medicine                                    7,012,055                   6,974,345

      System Administration                                          226,344                      226,344

      University of Nevada, Las Vegas                  135,023,934               137,989,114

      UNLV School of Medicine                                 3,494,375                   4,628,375

      Agricultural Experiment Station                         1,710,261                   1,710,261

      Cooperative Extension Service                          1,888,078                   1,888,078

      Education for Dependent Children                        31,653                          8,685

      UNLV Law School                                               4,761,876                   4,761,876

      Great Basin College                                             3,777,082                   3,814,227

      UNLV Dental School                                           8,904,808                   9,006,076

      Nevada State College                                        11,821,969                 12,109,085

      Desert Research Institute                                      148,486                      148,486

      College of Southern Nevada                            48,596,167                 50,407,899

      Western Nevada College                                    5,271,707                   5,372,237

      Truckee Meadows Community College         13,903,561                 14,386,081

      Prison Education Program                                       55,491                        62,925

      Capacity Building Enhancement                          611,697                   1,028,871

Department of Health and Human Services:

      Office of the State Public Defender                 $1,417,274                 $1,403,590

 


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

ê2019 Statutes of Nevada, Page 3135 (CHAPTER 525, SB 553)ê

 

                                                                                       2019-2020                2020-2021

      Health and Human Services Administration    $420,634                    $427,862

      Developmental Disabilities                                    555,197                      555,197

      Grants Management Unit                                 25,562,378                 25,564,278

      Consumer Health Assistance                            1,296,728                   1,333,094

      Indigent Hospital Care                                      59,011,417                 60,023,284

      Individuals with Disabilities Education Act Part C Compliance      4,123,803  4,123,803

      Upper Payment Limit Holding Account         13,720,782                 13,758,157

      Grief Support Trust Account                                118,909                      161,524

Division of Health Care Financing and Policy:

      Intergovernmental Transfer Program          $184,282,262             $182,058,327

      Division of Health Care Financing and Policy Administration    145,176,156  142,563,291

      Increased Quality of Nursing Care                  40,676,792                 43,033,059

      Nevada Check-Up Program                              55,531,686                 52,088,671

      Nevada Medicaid                                          3,357,277,111            3,480,255,864

Division of Public and Behavioral Health:

      Behavioral Health:

             Southern Nevada Adult Mental Health Services $8,272,711    $8,386,126

             Northern Nevada Adult Mental Health Services 5,185,613         5,269,496

             Behavioral Health Administration                 699,452                      714,771

             Behavioral Health Prevention and Treatment 32,322,365          32,333,424

             Alcohol Tax Program                                    1,189,091                   1,183,225

             Facility for the Mental Offender                     534,160                      534,160

             Rural Clinics                                                   4,233,540                   4,283,215

             Problem Gambling                                             421,945                          9,372

      Public Health:

             Radiation Control                                        $4,459,483                 $4,059,293

             Low-Level Radioactive Waste Fund             275,407                      275,407

             Child Care Services                                       2,118,521                   2,167,597

             Nevada Central Cancer Registry                    730,988                      680,790

             Health Statistics and Planning                    3,341,867                   3,474,893

             Environmental Health Services                   2,413,977                   2,271,329

             Immunization Program                                  5,438,745                   5,439,833

             WIC Food Supplement                               67,442,897                 67,442,925

             Communicable Diseases                             26,044,415                 25,696,650

             Health Care Facilities Regulation              18,378,810                 17,082,619

             Health Care Facilities Administrative Penalty 205,926                    259,378

             Public Health Preparedness Program       10,822,553                 10,765,151

             Chronic Disease                                           12,397,793                 12,409,519

             Biostatistics and Epidemiology                   9,467,154                   9,499,056

             Maternal, Child and Adolescent Health Services 6,840,259        6,838,058

             Office of Health Administration                  5,412,924                   6,127,053

             Community Health Services                         1,873,912                   1,872,501

             Emergency Medical Services                          274,494                      277,721

 


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ê2019 Statutes of Nevada, Page 3136 (CHAPTER 525, SB 553)ê

 

                                                                                       2019-2020                2020-2021

             Marijuana Health Registry                         $3,005,091                 $2,726,439

Division of Welfare and Supportive Services:

      Welfare Administration                                  $32,718,281               $33,421,709

      Temporary Assistance for Needy Families    15,166,370                 14,937,858

      Welfare Field Services Account                      86,954,096                 88,834,341

      Child Support Enforcement Program              15,814,589                 15,255,048

      Child Support Federal Reimbursement           26,379,996                 27,459,514

      Welfare – Child Assistance and Development 69,949,748              70,847,221

      Welfare – Energy Assistance Program          21,571,197                 21,554,526

Aging and Disability Services Division:

      Tobacco Settlement Program                           $5,943,499                 $5,943,499

      Federal Programs and Administration              7,832,014                   8,061,929

      Senior Rx and Disability Rx                                1,530,900                   1,530,900

      Home- and Community-Based Services         26,839,856                 27,360,183

      Family Preservation Program                             1,300,000                   1,300,000

      Rural Regional Center                                       11,070,295                 11,465,809

      Desert Regional Center                                     77,243,320                 80,415,846

      Sierra Regional Center                                       26,718,550                 27,801,307

      Early Intervention Services                                8,011,800                   8,160,612

      Autism Treatment Assistance Program           8,244,026                   8,477,773

      Applied Behavior Analysis                                   204,405                      204,405

      Communication Access Services                      4,518,622                   4,316,100

Division of Child and Family Services:

      Juvenile Justice Services                                     $443,822                    $443,860

      Washoe County Child Welfare                       19,104,235                 19,321,581

      Clark County Child Welfare                             58,511,889                 59,481,776

      Information Services                                           3,699,479                   3,709,071

      Children, Youth and Family Administration  33,310,526                 33,531,503

      Youth Alternative Placement                             2,186,312                   2,186,312

      Caliente Youth Center                                            525,156                      525,156

      Victims of Domestic Violence                            3,236,683                   3,206,175

      Rural Child Welfare                                           15,153,648                 15,361,590

      Child Welfare Trust                                                263,560                      274,499

      Children’s Trust Account                                  1,528,711                   1,616,485

      Transition from Foster Care                               1,582,219                   1,501,693

      Review of Death of Children                                 589,686                      588,902

      Nevada Youth Training Center                             265,025                      265,025

      Summit View Youth Center                                      69,940                        69,940

      Youth Parole Services                                         3,380,790                   3,457,644

      Northern Nevada Child and Adolescent Services 6,238,011             7,377,425

      Southern Nevada Child and Adolescent Services 16,512,953         16,315,839

Adjutant General:

      Office of the Military                                       $19,302,680               $19,956,921

      Adjutant General’s Special Armory Account      55,541                        61,886

      Patriot Relief Fund                                                    40,228                             260

 


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ê2019 Statutes of Nevada, Page 3137 (CHAPTER 525, SB 553)ê

 

                                                                                       2019-2020                2020-2021

      Emergency Operations Center                            $598,445                    $553,823

      State Active Duty                                                   688,413                      688,413

Department of Corrections:

      Prison Medical Care                                          $1,969,870                 $1,969,870

      Offenders’ Store Fund                                      33,886,671                 34,743,878

      Office of the Director                                              242,419                      244,754

      Correctional Programs                                            588,286                      633,583

      Warm Springs Correctional Center                        28,669                        28,772

      Northern Nevada Correctional Center                 203,725                      203,581

      Prison Industry                                                    7,611,298                   7,245,446

      Stewart Conservation Camp                                  139,981                      141,544

      Pioche Conservation Camp                                     26,849                        26,373

      Northern Nevada Transitional Housing              888,108                      896,730

      Three Lakes Valley Conservation Camp               24,092                        24,203

      Prison Ranch                                                        3,814,991                   3,991,642

      Southern Desert Correctional Center                   142,123                      142,445

      Wells Conservation Camp                                       16,945                        17,040

      Humboldt Conservation Camp                               21,878                        21,999

      Ely Conservation Camp                                           22,332                        22,670

      Jean Conservation Camp                                         17,920                        18,126

      Ely State Prison                                                       143,228                      143,732

      Carlin Conservation Camp                                       11,056                        11,111

      Tonopah Conservation Camp                                 13,614                        13,785

      Lovelock Correctional Center                               221,413                      222,379

      Casa Grande Transitional Housing                   1,448,541                   1,464,937

      Florence McClure Women’s Correctional Center 111,106                    111,951

      High Desert State Prison                                       210,024                      210,024

      Inmate Welfare Account                                    5,104,944                   5,262,147

Commission on Mineral Resources:

      Division of Minerals                                          $3,476,335                 $3,429,863

State Department of Agriculture:

      Agriculture Registration/Enforcement           $6,165,828                 $5,597,008

      Livestock Inspection                                           1,778,741                   1,639,987

      Veterinary Medical Services                                 187,243                      188,278

      Commercial Feed                                                       87,805                      110,709

      Consumer Equitability                                         3,966,658                   3,869,143

      Pest, Plant Disease, Noxious Weed Control    1,707,035                   1,609,176

      Agriculture Administration                                2,941,164                   2,992,104

      Predatory Animal and Rodent Control                  34,982                        33,123

      Nutrition Education Programs                       186,515,528               206,610,211

      Dairy Fund                                                            1,727,615                   1,581,494

      Commodity Foods Distribution Program       19,674,530                 19,905,226

      Livestock Enforcement                                          211,420                      221,800

Public Utilities Commission of Nevada:

      Public Utilities Commission                            $17,071,144               $16,585,396

Nevada Gaming Control Board:

      Gaming Control Board                                     $14,445,583               $14,438,001

      Gaming Control Board Investigation Fund    13,332,631                 13,322,864

 


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ê2019 Statutes of Nevada, Page 3138 (CHAPTER 525, SB 553)ê

 

                                                                                       2019-2020                2020-2021

Department of Public Safety:

      Division of Emergency Management             $4,386,027                 $4,373,634

      Emergency Management Assistance Grants 16,456,738                 16,496,822

      Homeland Security                                                 310,603                      310,874

      Division of Parole and Probation                      9,630,801                   9,794,698

      Investigation Division                                        1,385,540                   1,234,442

      Training Division                                                        3,511                          3,511

      State Fire Marshal                                                2,877,030                   2,921,554

      Cigarette Fire Safe Standard and Firefighter Support 165,166              123,098

      Traffic Safety                                                        6,269,057                   6,280,027

      Highway Safety Plan and Administration        2,304,398                   2,314,816

      Motorcycle Safety Program                                  949,964                      857,485

      Evidence Vault                                                        782,600                      696,162

      Forfeitures – Law Enforcement                             668,682                      840,291

      NHP K-9 Program                                                      17,858                        27,541

      Director’s Office                                                   3,703,558                   3,804,636

      Office of Professional Responsibility                  810,784                      830,808

      Justice Assistance Act                                          939,630                      937,749

      Central Repository for Nevada Records of Criminal History         31,175,580  28,785,684

      Nevada Highway Patrol Division                      3,638,231                   3,601,817

      Records, Communications and Compliance Division 7,730,745        7,223,663

      Highway Safety Grants Account                      2,283,066                   2,316,105

      Capitol Police                                                        3,192,826                   3,263,337

      State Emergency Response Commission         2,934,693                   2,789,497

      Justice Assistance Grant Trust Account         2,142,752                   2,142,752

      Justice Grant                                                            201,254                      206,816

      Account for Reentry Programs                                 5,000                          5,000

Colorado River Commission of Nevada:

      Colorado River Commission                             $9,126,819                 $9,083,167

      Research and Development Account             11,491,821                 11,480,268

      Power Delivery Project                                      13,916,551                 13,920,559

      Power Marketing Fund                                     38,729,087                 40,003,723

State Department of Conservation and Natural Resources:

      DEP – Administration                                       $9,165,358                 $9,506,284

      DEP – Air Quality                                                8,903,283                   9,132,648

      DEP – Water Pollution Control                          7,407,477                   6,997,570

      DEP – Materials Management and Corrective Action 16,181,378  17,781,325

      DEP – Mining Regulation/Reclamation            6,176,866                   5,887,600

      DEP – State Revolving Fund – Administration 3,970,591                  3,779,399

      DEP – Water Quality Planning                          4,506,120                   4,580,149

      DEP – Safe Drinking Water Program                4,946,145                   4,925,420

      DEP – Industrial Site Cleanup                            3,872,436                   3,667,835

      Nevada Natural Heritage Program                        944,007                      972,963

      State Environmental Commission                         149,684                      149,725

      Account for Off-Highway Vehicles                  3,981,352                   3,306,683

 


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ê2019 Statutes of Nevada, Page 3139 (CHAPTER 525, SB 553)ê

 

                                                                                       2019-2020                2020-2021

      Conservation and Natural Resources Administration $790,231        $787,697

      DEP – Water Planning Capital Improvement        21,314                        19,150

      Division of State Parks                                      10,700,550                 10,696,961

      Division of Water Resources                                924,357                      930,767

      Division of State Lands                                         413,656                      424,915

      Division of Forestry                                            3,710,304                   3,707,692

      Wildland Fire Protection Program                     2,733,858                   3,128,936

      Forest Fire Suppression                                      6,071,165                   5,601,561

      Forestry Conservation Camps                           3,125,602                   3,125,602

      Office of Historic Preservation                          1,039,760                   1,020,520

      Forestry Nurseries                                               1,764,916                   1,556,564

      Account to Restore the Sagebrush Ecosystem 560,000                      138,798

      Environmental Quality Improvement                     89,313                        89,313

Tahoe Regional Planning Agency:

      Tahoe Regional Planning Agency                $12,410,931               $12,360,931

Department of Wildlife:

      Director’s Office                                                 $6,950,952                 $7,440,383

      Data and Technology Services                         5,157,728                   5,193,606

      Conservation Education                                     2,639,546                   2,690,398

      Law Enforcement                                                 8,186,629                   8,337,228

      Game Management                                              8,240,140                   8,246,838

      Fisheries Management                                        8,638,131                   8,721,969

      Diversity Division                                                1,242,208                   1,257,950

      Habitat                                                                 10,031,376                   9,999,741

Department of Business and Industry:

      Nevada Attorney for Injured Workers           $3,948,359                 $4,000,138

      Employee-Management Relations Board         1,467,384                   1,436,327

      Financial Institutions Investigations                1,519,057                   1,524,425

      Insurance Regulation                                        15,389,217                 14,894,026

      Captive Insurers                                                   1,677,633                   1,389,441

      Common-Interest Communities                         4,618,823                   4,802,820

      Insurance Recovery                                               209,320                      209,320

      Real Estate Administration                                 3,184,739                   3,187,398

      Real Estate Education and Research                   907,657                      746,812

      Real Estate Recovery Account                             890,487                      854,368

      Division of Financial Institutions                      5,550,834                   4,932,662

      Account for Low-Income Housing                 32,449,302                 33,695,907

      Special Housing Assistance                              2,134,573                   1,174,453

      Housing Division                                               12,459,657                 13,368,291

      Housing Inspection and Compliance               4,394,430                   4,364,315

      Financial Institutions Audit                                  246,854                      238,266

      Division of Mortgage Lending                        13,985,161                 14,501,696

      Nevada Transportation Authority                    3,012,504                   3,101,952

      Transportation Authority Administrative Fines 1,229,558                1,346,850

      Taxicab Authority                                                9,223,813                   8,132,886

      Division of Industrial Relations                         7,888,983                   8,109,976

      Business and Industry Administration            4,380,626                   4,683,264

 


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ê2019 Statutes of Nevada, Page 3140 (CHAPTER 525, SB 553)ê

 

                                                                                       2019-2020                2020-2021

      Occupational Safety and Health Enforcement $12,078,799            $12,396,807

      Private Activity Bonds                                       1,460,612                   1,658,038

      Self-Insured – Workers’ Compensation              427,690                      435,443

      Safety Consultation and Training                     3,576,099                   3,631,625

      Mine Safety and Training                                   1,697,854                   1,749,694

      Weatherization                                                     7,995,901                   7,999,640

Department of Transportation:

      Transportation Administration                    $863,094,527             $856,383,614

      Bond Construction                                          161,600,000               161,600,000

Department of Motor Vehicles:

      Records Search                                                  $9,791,030                 $9,787,421

      Automation                                                           5,319,511                   5,302,560

      System Technology Application Redesign   11,838,681                 15,973,052

      Motor Carrier Division                                        2,188,818                   2,197,923

      Motor Vehicle Pollution Control                     12,245,560                 12,214,401

      Verification of Insurance                                  15,350,009                 15,347,145

      Hearings Office                                                           3,841                          3,841

      Division of Field Services                                 39,543,301                 39,543,301

      Division of Compliance Enforcement                  453,761                      458,604

      Division of Central Services and Records       6,999,239                   6,968,267

      Office of the Director                                           2,146,431                   2,197,336

      Administrative Services Division                      8,848,312                   8,894,251

      License Plate Factory                                          7,262,804                   6,546,519

      Division of Management Services and Programs 10,295                        10,295

Department of Employment, Training and Rehabilitation:

      Nevada Equal Rights Commission                     $478,128                    $478,096

      Blind Business Enterprise Program                   4,479,364                   4,125,005

      Bureau of Services to Persons Who Are Blind or Visually Impaired 2,513,732      2,571,821

      Bureau of Vocational Rehabilitation               19,275,939                 19,690,708

      Rehabilitation Administration                            1,393,569                   1,402,760

      Disability Adjudication                                     21,307,662                 22,355,130

      Administration                                                     5,935,502                   6,147,724

      Research and Analysis                                       2,669,282                   2,721,636

      Information Development and Processing    13,636,000                 13,721,463

      Workforce Development                                  65,129,335                 65,699,560

      Employment Security Division Administration 1,331,670                  1,364,541

      Unemployment Insurance                                26,822,539                 27,260,286

      Employment Security – Special Fund               9,737,793                 10,765,721

      Commission on Postsecondary Education         100,160                        99,210

Public Employees’ Retirement System:

      Public Employees’ Retirement System         $20,982,784               $21,178,436

Public Employees’ Benefits Program:

      Public Employees’ Benefits Program          $537,505,373             $545,612,697

      Retired Employee Group Insurance                51,256,157                 54,561,062

      Active Employees’ Group Insurance            235,284,267               244,525,987

 


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

ê2019 Statutes of Nevada, Page 3141 (CHAPTER 525, SB 553)ê

 

                                                                                       2019-2020                2020-2021

Silver State Health Insurance Exchange:

      Silver State Health Insurance Exchange Administration              $23,796,523  $17,815,506

      Sec. 2.  1.  There is hereby authorized for expenditure from the money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products or recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products:

      (a) The sum of $645,699 for Fiscal Year 2019-2020 and the sum of $651,977 for Fiscal Year 2020-2021 to support the tobacco enforcement operations of the Attorney General Special Litigation Account.

      (b) The sum of $45,902 for Fiscal Year 2019-2020 to support the Department of Taxation in enforcing or otherwise ensuring compliance with the Master Settlement Agreement and deposits by nonparticipating manufacturers into a qualified escrow fund.

      2.  Notwithstanding any other provisions of law to the contrary, upon receipt of sufficient money by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products or recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products, the State Controller shall:

      (a) Disburse, on or after July 1, 2019, the money authorized for expenditure by subsection 1 in its entirety for Fiscal Year 2019-2020 before other disbursements required by law are made;

      (b) Disburse, on or after July 1, 2020, the money authorized for expenditure by subsection 1 in its entirety for Fiscal Year 2020-2021 before other disbursements required by law are made; and

      (c) Thereafter in each fiscal year, disburse all other money authorized for expenditure from this same source in the manner provided in NRS 439.630.

      3.  Any balance of the sums authorized for expenditure by subsection 1 remaining at the end of the respective fiscal years must be disbursed as soon as all payments of money committed have been made as follows: 40 percent to the Millennium Scholarship Trust Fund created by NRS 396.926 and 60 percent to the Fund for a Healthy Nevada created by NRS 439.620.

      4.  Any money authorized for expenditure in section 1 of this act that originated from the Fund for a Healthy Nevada remaining at the end of the respective fiscal years must be disbursed to the Fund for a Healthy Nevada as soon as all payments of money committed have been made.

      Sec. 3.  1.  There is hereby authorized for expenditure from the money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products or recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products:

      (a) The sum of $645,699 for Fiscal Year 2019-2020 and the sum of $651,977 for Fiscal Year 2020-2021 to support the tobacco enforcement operations of the Attorney General Special Litigation Account.

      (b) The sum of $202,802 for Fiscal Year 2019-2020 and the sum of $210,598 for Fiscal Year 2020-2021 to support the Department of Taxation in enforcing or otherwise ensuring compliance with the Master Settlement Agreement and deposits by nonparticipating manufacturers into a qualified escrow fund.

 


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

ê2019 Statutes of Nevada, Page 3142 (CHAPTER 525, SB 553)ê

 

      2.  Notwithstanding any other provisions of law to the contrary, upon receipt of sufficient money by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products or recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products, the State Controller shall:

      (a) Disburse, on or after July 1, 2019, the money authorized for expenditure by subsection 1 in its entirety for Fiscal Year 2019-2020 before other disbursements required by law are made;

      (b) Disburse, on or after July 1, 2020, the money authorized for expenditure by subsection 1 in its entirety for Fiscal Year 2020-2021 before other disbursements required by law are made; and

      (c) Thereafter in each fiscal year, disburse all other money authorized for expenditure from this same source in the manner provided in NRS 439.630.

      3.  Any balance of the sums authorized for expenditure by subsection 1 remaining at the end of the respective fiscal years must be disbursed as soon as all payments of money committed have been made as follows: 40 percent to the Millennium Scholarship Trust Fund created by NRS 396.926 and 60 percent to the Fund for a Healthy Nevada created by NRS 439.620.

      4.  Any money authorized for expenditure in section 1 of this act that originated from the Fund for a Healthy Nevada remaining at the end of the respective fiscal years must be disbursed to the Fund for a Healthy Nevada as soon as all payments of money committed have been made.

      Sec. 4.  1.  Expenditure of $31,237,533 by the Nevada Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2019-2020.

      2.  Expenditure of $31,333,875 by the Nevada Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2020-2021.

      3.  Any balance of the sums authorized by subsections 1 and 2 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 Nevada Gaming Control Board or any entity to which money from the authorization is granted or otherwise transferred in any manner, and any portion of the balance remaining must not be spent for any purpose after September 18, 2020, and September 17, 2021, respectively, by either the Nevada Gaming Control Board or the entity to which money from the authorization 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.

      Sec. 5.  1.  Expenditure of $802,642 by the Nevada Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2019-2020.

      2.  Expenditure of $834,608 by the Nevada Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2020-2021.

      3.  Any balance of the sums authorized by subsections 1 and 2 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 Nevada Gaming Commission or any entity to which money from the authorization is granted or otherwise transferred in any manner, and any portion of the balance remaining must not be spent for any purpose after September 18, 2020, and September 17, 2021, respectively, by either the Nevada Gaming Commission or the entity to which money from the authorization 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.

 


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

ê2019 Statutes of Nevada, Page 3143 (CHAPTER 525, SB 553)ê

 

Commission or the entity to which money from the authorization 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.

      Sec. 6.  The money authorized to be expended by the provisions of sections 1, 2, 4 and 5 of this act, except for expenditures by the Legislative Department, judicial agencies, the Public Employees’ Retirement System and the Tahoe Regional Planning Agency, must be expended in accordance with the allotment transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

      Sec. 7.  The money authorized to be expended by the provisions of sections 1, 3, 4 and 5 of this act, except for expenditures by the Legislative Department, judicial agencies, the Public Employees’ Retirement System and the Tahoe Regional Planning Agency, must be expended in accordance with the allotment transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

      Sec. 8.  1.  Except as otherwise provided in subsection 2 and section 10 of this act, and in accordance with the provisions of NRS 353.220, the Chief of the Budget Division of the Office of Finance in the Office of the Governor may, with the approval of the Governor, authorize the augmentation of the amounts authorized in sections 1, 2, 4 and 5 of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which the Chief determines is in excess of the amount so taken into consideration by this act. The Chief of the Budget Division of the Office of Finance in the Office of the Governor shall reduce any authorization whenever the Chief determines that money to be received will be less than the amounts authorized in sections 1, 2, 4 and 5 of this act.

      2.  The Director of the Legislative Counsel Bureau may, with the approval of the Legislative Commission, authorize the augmentation of the amount authorized in section 1 of this act to the Legislative Fund and the State Printing Fund for expenditure by the Legislative Counsel Bureau from any source which the Director determines is in excess of the amount so taken into consideration by this act. The Director of the Legislative Counsel Bureau shall reduce the authorization whenever the Director determines that money to be received will be less than the amount so authorized in section 1 of this act.

      Sec. 9.  1.  Except as otherwise provided in subsection 2 and section 10 of this act, and in accordance with the provisions of NRS 353.220, the Chief of the Budget Division of the Office of Finance in the Office of the Governor may, with the approval of the Governor, authorize the augmentation of the amounts authorized in sections 1, 3, 4 and 5 of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which the Chief determines is in excess of the amount so taken into consideration by this act.

 


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

ê2019 Statutes of Nevada, Page 3144 (CHAPTER 525, SB 553)ê

 

and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which the Chief determines is in excess of the amount so taken into consideration by this act. The Chief of the Budget Division of the Office of Finance in the Office of the Governor shall reduce any authorization whenever the Chief determines that money to be received will be less than the amounts authorized in sections 1, 3, 4 and 5 of this act.

      2.  The Director of the Legislative Counsel Bureau may, with the approval of the Legislative Commission, authorize the augmentation of the amount authorized in section 1 of this act to the Legislative Fund and the State Printing Fund for expenditure by the Legislative Counsel Bureau from any source which the Director determines is in excess of the amount so taken into consideration by this act. The Director of the Legislative Counsel Bureau shall reduce the authorization whenever the Director determines that money to be received will be less than the amount so authorized in section 1 of this act.

      Sec. 10.  Except as otherwise provided in sections 11, 14, 16, 17, 19, 21 and 22 of this act and subsection 3 of section 12 of this act, where the operation of an office, department, board, agency, commission, institution or program is financed during the 2019-2021 biennium by an appropriation or appropriations from the State General Fund or the State Highway Fund as well as by money received from other sources, the portion provided by appropriation from the State General Fund or the State Highway Fund must be decreased to the extent that the receipts of the money from other sources is exceeded, but such a decrease must not jeopardize the receipts of such money as is to be received from other sources.

      Sec. 11.  1.  The Nevada System of Higher Education may expend the following fees and tuition collected from the registration of students, resident or nonresident:

                                                                                     Fiscal Year              Fiscal Year

                                                                                       2019-2020                2020-2021

University of Nevada, Reno                  $114,814,353             $119,180,000

University of Nevada, Las Vegas           134,483,934               137,449,114

College of Southern Nevada                      48,476,167                 50,287,899

Western Nevada College                             5,227,272                   5,327,802

Truckee Meadows Community College   13,898,422                 14,380,942

Great Basin College                                       3,768,806                   3,805,951

Nevada State College                                  11,761,815                 12,048,931

UNLV Dental School                                     8,904,808                   9,006,076

UNLV Law School                                         4,761,876                   4,761,876

UNR School of Medicine                             6,970,055                   6,932,345

UNLV School of Medicine                           3,494,375                   4,628,375

Prison Education Program                                 55,491                        62,925

Capacity Building Enhancement                    611,697                   1,028,871

 

      2.  The Nevada System of Higher Education may expend any additional registration fees and any additional nonresident tuition fees collected from students as a result of registering additional students beyond the budgeted enrollments. The Nevada System of Higher Education may also expend any additional registration fees and nonresident tuition fees resulting from the imposition of fee increases. The Nevada System of Higher Education shall report to the Interim Finance Committee on a biannual basis within 60 days after each reporting period, with the first reporting period to cover the July 1, 2019, to December 31, 2019, period, any additional registration fees and any additional nonresident tuition fees received by each institution beyond the authorized amounts in subsection 1, including identification of the expenditures funded through the additional fees.

 


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

ê2019 Statutes of Nevada, Page 3145 (CHAPTER 525, SB 553)ê

 

report to the Interim Finance Committee on a biannual basis within 60 days after each reporting period, with the first reporting period to cover the July 1, 2019, to December 31, 2019, period, any additional registration fees and any additional nonresident tuition fees received by each institution beyond the authorized amounts in subsection 1, including identification of the expenditures funded through the additional fees.

      3.  At the close of Fiscal Year 2019-2020 and Fiscal Year 2020-2021, the amounts authorized for the Nevada System of Higher Education as provided in section 1 of this act shall be considered cumulatively for each budget account. Authorized revenues received within each budget account that do not exceed the amount included in section 1 of this act, combined with authorized amounts approved by the Board of Regents of the University of Nevada and the Office of Finance in the Office of the Governor, if applicable, must not be utilized to decrease State General Fund appropriations when determining whether a reversion to the State General Fund is required at the close of Fiscal Year 2019-2020 and Fiscal Year 2020-2021.

      Sec. 12.  1.  Except as otherwise provided in subsections 2 and 3, the State Public Defender shall collect not more than the following amounts from the counties for the use of his or her services:

                                                                                   Fiscal Year                Fiscal Year

                                                                                     2019-2020                  2020-2021

Carson City.................................................. $1,289,037................ $1,276,265

Storey County.................................................. $92,061..................... $91,149

Totals........................................................... $1,381,098................ $1,367,414

      2.  The State Public Defender may assess and collect, from the counties, their pro rata share of any salary benefit or cost of living increases approved by the 80th Session of the Nevada Legislature for employees of the Office of the State Public Defender for Fiscal Year 2019-2020 and Fiscal Year 2020-2021.

      3.  If any county chooses to contribute an additional amount, the State Public Defender may, with the approval of the Interim Finance Committee, accept it and apply it to augment his or her services.

      Sec. 13.  In Fiscal Year 2019-2020 and Fiscal Year 2020-2021, the State Treasurer shall allocate the amount of tax on motor vehicle fuel computed pursuant to NRS 365.535, to be paid on fuel used in watercraft for recreational purposes, equally between the Department of Wildlife and the Division of State Parks of the State Department of Conservation and Natural Resources.

      Sec. 14.  Money authorized for expenditure in section 1 of this act for the Division of Forestry, the Forestry Conservation Camps and Forest Fire Suppression budget accounts of the State Department of Conservation and Natural Resources for the costs of repair and maintenance of fire-fighting and emergency response vehicles may be expended for that purpose.

      Sec. 15.  Money authorized for expenditure in section 1 of this act for the State Fire Marshal from the Contingency Account for Hazardous Materials must be expended to support eligible training programs and related operating costs before any money from the State General Fund may be expended for such training programs.

      Sec. 16.  Money authorized for expenditure in section 1 of this act for the Division of Forestry and Forest Fire Suppression budget accounts of the State Department of Conservation and Natural Resources for support of the incident business unit may be expended for that purpose.

 


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

ê2019 Statutes of Nevada, Page 3146 (CHAPTER 525, SB 553)ê

 

      Sec. 17.  Money authorized for expenditure in section 1 of this act for the Forest Fire Suppression budget account of the State Department of Conservation and Natural Resources for the support of the incident business unit and up to $425,000 for the repair and maintenance of fire-fighting and emergency response vehicles that remains unexpended on June 30 of Fiscal Year 2019-2020 or Fiscal Year 2020-2021 may be carried forward to the next fiscal year for those purposes.

      Sec. 18.  The $371,254 balance of the allocation from the Interim Finance Contingency Account approved by the Interim Finance Committee in Fiscal Year 2016-2017 for the State Department of Conservation and Natural Resources Administration budget account for sagebrush habitat improvement projects, which was subsequently transferred to the Account to Restore the Sagebrush Ecosystem created by NRS 232.161 during Fiscal Year 2016-2017, may be transferred within the Account to Restore the Sagebrush Ecosystem from one fiscal year to the other and does not revert to the Interim Finance Contingency Account.

      Sec. 19.  Notwithstanding any provision of law to the contrary, the Western Interstate Commission for Higher Education Loans and Stipends budget account may balance forward to the subsequent fiscal year for expenditure on Health Care Access Program slots any unobligated loan, stipend and interest repayment revenues authorized by section 1 of this act which were received after May 15 of each fiscal year in the 2019-2021 biennium.

      Sec. 20.  Money deposited in the Emergency Operations Center Account of the Office of the Military is restricted to the uses specified, and the unexpended balance of that money on June 30 of Fiscal Year 2019-2020 and Fiscal Year 2020-2021 may be carried forward to the next fiscal year.

      Sec. 21.  If the Division of Child and Family Services of the Department of Health and Human Services or Clark County or Washoe County receives an additional amount of money from sources other than the State General Fund during Fiscal Year 2019-2020 or Fiscal Year 2020-2021, the Division or County may, with the approval of the Interim Finance Committee, accept the money and apply it to augment child welfare services.

      Sec. 22.  Money authorized for expenditure in section 11 of this act for the Nevada System of Higher Education that remains unexpended on June 30 of either fiscal year may be carried forward to the next fiscal year for the authorized purposes.

      Sec. 23.  Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program for the Municipal Bond Bank Revenue or Municipal Bond Bank Debt Services budget account of the Office of the State Treasurer.

      Sec. 24.  The Department of Motor Vehicles may balance forward any technology fees received in the System Modernization budget account of the Department of Motor Vehicles for Fiscal Year 2018-2019 to the System Technology Application Redesign budget account of the Department of Motor Vehicles for Fiscal Year 2019-2020.

      Sec. 25.  Notwithstanding the provisions of NRS 334.040, if the Fleet Services Division of the Department of Administration sells a retired vehicle during the 2019-2021 biennium that was purchased with money from an appropriation from the State General Fund, the revenue from such a sale must be deposited in the State General Fund.

 


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      Sec. 26.  1.  The Public Employees’ Benefits Program shall comply with the provisions of NRS 353.220 when projecting funding available in excess of projected budgeted expenditures.

      2.  Notwithstanding the provisions of NRS 353.220, the Public Employees’ Benefits Program, including, without limitation, the Board of the Public Employees’ Benefits Program, shall not expend or otherwise obligate reserves, either realized or projected, in excess of the amounts authorized in section 1 of this act for purposes of changing the health benefits available to state and nonstate active employees, retirees and covered dependents over the 2019-2021 biennium without approval of the Interim Finance Committee upon the recommendation of the Governor.

      Sec. 27.  Notwithstanding the provisions of NRS 231.1573, except for remaining grant obligations, the unallocated balance in the Catalyst Account established pursuant to NRS 231.1573 must not be committed for expenditure after June 30, 2019, and must be reverted to the State General Fund by September 20, 2019.

      Sec. 28.  1.  This section and section 27 of this act become effective upon passage and approval.

      2.  Sections 1, 4, 5 and 10 to 26, inclusive, of this act become effective on July 1, 2019.

      3.  Sections 2, 6 and 8 of this act become effective on July 1, 2019, if and only if Assembly Bill 535 of this session is enacted by the Legislature and approved by the Governor.

      4.  Sections 3, 7 and 9 of this act become effective on July 1, 2019, if and only if Assembly Bill 535 of this session is not enacted by the Legislature and approved by the Governor.

________

CHAPTER 526, AB 297

Assembly Bill No. 297–Assemblywoman Martinez

 

CHAPTER 526

 

[Approved: June 8, 2019]

 

AN ACT relating to fire safety; requiring the owner or operator of a building with certain fire safety equipment to have the equipment inspected by technicians with certain qualifications; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 2 of this bill requires the owner or operator of any building equipped with a fire damper, smoke damper or combination fire and smoke damper to have the unit inspected by a technician with certain qualifications. Section 3 of this bill requires a technician that performs such an inspection to provide the owner or operator with a certification of inspection and report any malfunctions or defects to the owner or operator, the State Fire Marshal and the governing body of the city or county, as applicable, where the building is located.

      Section 4 of this bill requires the owner or operator of any building equipped with a smoke control system to have the unit inspected by a technician with certain qualifications. Section 5 of this bill requires a technician that performs such an inspection to provide the owner or operator with a certification of inspection and report any malfunctions or defects to the owner or operator, the State Fire Marshal and the governing body of the county or city, as applicable, where the building is located.

 


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any malfunctions or defects to the owner or operator, the State Fire Marshal and the governing body of the county or city, as applicable, where the building is located.

      Section 6 of this bill authorizes the State Fire Marshal to adopt regulations relating to the maintenance and testing of: (1) fire dampers, smoke dampers and combination fire and smoke dampers; and (2) smoke control systems.

      Section 6.7 of this bill makes an appropriation to the State Fire Marshal to pay for personnel for facility identification and inspection, equipment testing and related administrative duties.

 

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 477 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 to 5, inclusive, of this act.

      Sec. 1.5. As used in sections 1.5 to 5, inclusive, of this act, “governing body” means:

      1.  If a building is located within the boundaries of a city, the governing body of the city.

      2.  If a building is located in the unincorporated area of a county, the board of county commissioners of the county.

      Sec. 2. The owner or operator of any building equipped with a fire damper, smoke damper or combination fire and smoke damper shall:

      1.  Cause the unit to be inspected upon installation and thereafter:

      (a) In accordance with the standards set forth in the version of the International Fire Code published by the International Code Council that has been most recently adopted by the governing body; and

      (b) By a technician that holds a certification issued through a program that is accredited by the American National Standards Institute under the standards most recently adopted by the governing body.

      2.  Maintain and make available for inspection, upon the request of the State Fire Marshal or governing body, the certification of inspection provided by the technician that completed the inspection pursuant to section 3 of this act.

      Sec. 3.  Any technician that performs an inspection of a fire damper, smoke damper or combination fire and smoke damper as required pursuant to section 2 of this act shall:

      1.  Perform the inspection in such a manner as to ensure, without limitation:

      (a) Access to the damper is unobstructed;

      (b) The damper is able to close and there is no damper interference due to a rusted, bent, misaligned or damaged frame or blades or defective hinges or parts;

      (c) The damper frame will not be penetrated by any foreign objects during operation that would affect functioning;

      (d) The damper is not blocked from closure in any way;

      (e) The fusible link, if applicable, is reinstalled after the completion of the inspection; and

      (f) If the fusible link, if applicable, is damaged or painted, it is replaced with a link of the same size, temperature and load rating.

 


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      2.  Report malfunctions or defects discovered during the inspection, if any, to the owner or operator of the building, the State Fire Marshal and the governing body.

      3.  Provide the owner or operator of the building with a certification of inspection that includes, without limitation:

      (a) The location of the fire damper, smoke damper or combination fire and smoke damper inspected;

      (b) The date of the inspection;

      (c) The results of the inspection; and

      (d) The name and certification number of the technician.

      Sec. 4. The owner or operator of any building equipped with a smoke control system shall:

      1.  Cause the smoke control system to be inspected upon installation and thereafter:

      (a) In accordance with the standards set forth in the version of the International Fire Code published by the International Code Council that has been most recently adopted by the governing body; and

      (b) By a technician that holds a certification issued through a program that is accredited by the American National Standards Institute under the standards most recently adopted by the governing body.

      2.  Maintain and make available for inspection, upon the request of the State Fire Marshal or governing body, the certification of inspection provided by the technician that completed the inspection pursuant to section 5 of this act.

      Sec. 5. Any technician that performs an inspection on a smoke control system as required pursuant to section 4 of this act shall:

      1.  Report malfunctions or defects discovered during the inspection, if any, to the owner or operator of the building, the State Fire Marshal and the governing body.

      2.  Provide the owner or operator of the building of the smoke control system with a certification of inspection that includes, without limitation:

      (a) The location of the smoke control system inspected;

      (b) The date of the inspection;

      (c) The results of the inspection; and

      (d) The name and certification number of the technician.

      Sec. 6.  NRS 477.030 is hereby amended to read as follows:

      477.030  1.  Except as otherwise provided in this section, the State Fire Marshal shall enforce all laws and adopt regulations relating to:

      (a) The prevention of fire.

      (b) The storage and use of:

             (1) Combustibles, flammables and fireworks; and

             (2) Explosives in any commercial construction, but not in mining or the control of avalanches,

Ê under those circumstances that are not otherwise regulated by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.890.

      (c) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate for any purpose.

 


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occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate for any purpose. As used in this paragraph, “public assembly” means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.

      (d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.

      (e) The maintenance and testing of:

             (1) Fire dampers, smoke dampers and combination fire and smoke dampers; and

             (2) Smoke control systems.

Ê Except as otherwise provided in subsection 12, the regulations of the State Fire Marshal apply throughout the State, but except with respect to state-owned or state-occupied buildings, the State Fire Marshal’s authority to enforce them or conduct investigations under this chapter does not extend to a school district except as otherwise provided in NRS 393.110, or a county whose population is 100,000 or more or which has been converted into a consolidated municipality, except in those local jurisdictions in those counties where the State Fire Marshal is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction or except as otherwise provided in a regulation adopted pursuant to paragraph (b) of subsection 2.

      2.  The State Fire Marshal may:

      (a) Set standards for equipment and appliances pertaining to fire safety or to be used for fire protection within this State, including the threads used on fire hose couplings and hydrant fittings; and

      (b) Adopt regulations based on nationally recognized standards setting forth the requirements for fire departments to provide training to firefighters using techniques or exercises that involve the use of fire or any device that produces or may be used to produce fire.

      3.  The State Fire Marshal shall cooperate with the State Forester Firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040 and the mitigation of the risk of a fire hazard from vegetation in counties within or partially within the Lake Tahoe Basin and the Lake Mead Basin.

      4.  The State Fire Marshal shall cooperate with the Division of Child and Family Services of the Department of Health and Human Services in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from foster homes.

      5.  The State Fire Marshal shall coordinate all activities conducted pursuant to 15 U.S.C. §§ 2201 et seq. and receive and distribute money allocated by the United States pursuant to that act.

      6.  Except as otherwise provided in subsection 10, the State Fire Marshal shall:

      (a) Investigate any fire which occurs in a county other than one whose population is 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature.

 


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      (b) Investigate any fire which occurs in a county whose population is 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.

      (c) Cooperate with the Commissioner of Insurance, the Attorney General and the Fraud Control Unit established pursuant to NRS 228.412 in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.

      (d) Cooperate with any local fire department in the investigation of any report received pursuant to NRS 629.045.

      (e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.

      7.  The State Fire Marshal shall put the National Fire Incident Reporting System into effect throughout the State and publish at least annually a summary of data collected under the System.

      8.  The State Fire Marshal shall provide assistance and materials to local authorities, upon request, for the establishment of programs for public education and other fire prevention activities.

      9.  The State Fire Marshal shall:

      (a) Except as otherwise provided in subsection 12 and NRS 393.110, assist in checking plans and specifications for construction;

      (b) Provide specialized training to local fire departments; and

      (c) Assist local governments in drafting regulations and ordinances,

Ê on request or as the State Fire Marshal deems necessary.

      10.  Except as otherwise provided in this subsection, in a county other than one whose population is 100,000 or more or which has been converted into a consolidated municipality, the State Fire Marshal shall, upon request by a local government, delegate to the local government by interlocal agreement all or a portion of the State Fire Marshal’s authority or duties if the local government’s personnel and programs are, as determined by the State Fire Marshal, equally qualified to perform those functions. If a local government fails to maintain the qualified personnel and programs in accordance with such an agreement, the State Fire Marshal shall revoke the agreement. The provisions of this subsection do not apply to the authority of the State Fire Marshal to adopt regulations pursuant to paragraph (b) of subsection 2.

      11.  The State Fire Marshal may, as a public safety officer or as a technical expert on issues relating to hazardous materials, participate in any local, state or federal team or task force that is established to conduct enforcement and interdiction activities involving:

      (a) Commercial trucking;

      (b) Environmental crimes;

      (c) Explosives and pyrotechnics;

      (d) Drugs or other controlled substances; or

      (e) Any similar activity specified by the State Fire Marshal.

      12.  Except as otherwise provided in this subsection, any regulations of the State Fire Marshal concerning matters relating to building codes, including, without limitation, matters relating to the construction, maintenance or safety of buildings, structures and property in this State:

 


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      (a) Do not apply in a county whose population is 700,000 or more which has adopted a code at least as stringent as the International Fire Code and the International Building Code, published by the International Code Council. To maintain the exemption from the applicability of the regulations of the State Fire Marshal pursuant to this subsection, the code of the county must be at least as stringent as the most recently published edition of the International Fire Code and the International Building Code within 1 year after publication of such an edition.

      (b) Apply in a county described in paragraph (a) with respect to state-owned or state-occupied buildings or public schools in the county and in those local jurisdictions in the county in which the State Fire Marshal is requested to exercise that authority by the chief executive officer of that jurisdiction. As used in this paragraph, “public school” has the meaning ascribed to it in NRS 385.007.

      Sec. 6.5. (Deleted by amendment.)

      Sec. 6.7.  1.  There is hereby appropriated from the State General Fund to the State Fire Marshal to pay the costs of personnel for facility identification and inspection, equipment testing and related administrative duties the following sums:

For the Fiscal Year 2019-2020.......................................................... $276,098

For the Fiscal Year 2020-2021.......................................................... $210,856

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 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.

      Sec. 7.  This act becomes effective on July 1, 2019.

________

 


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ê2019 Statutes of Nevada, Page 3153ê

 

CHAPTER 527, SB 207

Senate Bill No. 207–Senators Brooks, Denis, Cannizzaro; Cancela, Dondero Loop, D. Harris, Ohrenschall, Parks, Ratti, Scheible, Spearman and Woodhouse

 

Joint Sponsors: Assemblymen Carrillo, Duran, Martinez and Smith

 

CHAPTER 527

 

[Approved: June 8, 2019]

 

AN ACT relating to apprentices; requiring a contractor or subcontractor to comply with certain requirements relating to the use of apprentices on public works; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the State Apprenticeship Council and requires the Council to establish standards for programs of apprenticeship. (NRS 610.030, 610.090, 610.095) The purposes of such programs include, without limitation: (1) creating of the opportunity for persons to obtain training that will equip those persons to obtain profitable employment and citizenship; and (2) establishing an organized program for the voluntary training of those persons by providing facilities for training and guidance in the arts and crafts of industry and trade. (NRS 610.020) Existing law sets forth the requirements for a public body which sponsors or finances a public work to award a contract to a contractor for the construction of the public work. (Chapter 338 of NRS) Such requirements include, without limitation: (1) the payment of the prevailing wage in the county in which the public work is located; and (2) the establishment of certain fair employment practices for contractors in connection with the performance of work under the contract awarded by the public body. (NRS 338.020, 338.125)

      Section 1.7 of this bill requires a contractor or subcontractor engaged on a public work to employ one or more apprentices for a certain percentage of the total hours of labor performed on a public work, depending on the type of work performed. Section 1.7 authorizes the Labor Commissioner to adjust the percentage of total hours of labor required to be performed by an apprentice beginning on January 1, 2021. Section 1.7 also authorizes the Labor Commissioner to grant a modification or waiver from the requirements if the Labor Commissioner finds that there is good cause to do so. Section 1.7 further requires that an apprentice who graduates from an apprenticeship program while employed on a public work be deemed: (1) an apprentice for certain purposes; and (2) a journeyman for certain other purposes, including, without limitation, the payment of wages. Section 1.7 also requires a contractor or subcontractor to enter into an apprenticeship agreement for all apprentices required to be used in the construction of a public work.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 338 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.

      Sec. 1.3. The Legislature hereby finds and declares that:

      1.  A skilled workforce in construction is essential to the economic well-being of this State;

      2.  Apprenticeship programs are a proven method of training a skilled workforce in construction; and

 


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      3.  Requiring the use of apprentices on the construction of public works will ensure the availability of a skilled workforce in construction in the future for this State.

      Sec. 1.7. 1.  Notwithstanding any other provision of this chapter and except as otherwise provided in this section, a contractor or subcontractor engaged in vertical construction who employs a worker on a public work pursuant to NRS 338.040 shall use one or more apprentices for at least 10 percent of the total hours of labor worked for each apprenticed craft or type of work to be performed on the public work for which more than three workers are employed.

      2.  Notwithstanding any other provision of this chapter and except as otherwise provided in this section, a contractor or subcontractor engaged in horizontal construction who employs a worker on a public work pursuant to NRS 338.040 shall use one or more apprentices for at least 3 percent of the total hours of labor worked for each apprenticed craft or type of work to be performed on the public work for which more than three workers are employed.

      3.  On or after January 1, 2021, the Labor Commissioner, in collaboration with the State Apprenticeship Council, may adopt regulations to increase the percentage of total hours of labor required to be performed by an apprentice pursuant to subsection 1 or 2 by not more than 2 percentage points.

      4.  An apprentice who graduates from an apprenticeship program while employed on a public work shall:

      (a) Be deemed an apprentice on the public work for the purposes of subsections 1 and 2.

      (b) Be deemed a journeyman for all other purposes, including, without limitation, the payment of wages or the payment of wages and benefits to a journeyman covered by a collective bargaining agreement.

      5.  A contractor or subcontractor engaged on a public work is not required to use an apprentice in a craft or type of work performed in a jurisdiction recognized by the State Apprenticeship Council as not having apprentices in that craft or type of work.

      6.  A public body may, upon the request of a contractor or subcontractor, submit a request to the Labor Commissioner to modify or waive the percentage of hours of labor provided by one or more apprentices required pursuant to subsection 1 or 2 for good cause. A public body must submit such a request, before an advertisement for bids has been placed, the opening of bids or the award of a contract for a public work or after the public body has commenced work on the public work. Such a request must include any supporting documentation, including, without limitation, proof of denial of or failure to approve a request for apprentices pursuant to subparagraph (3) of paragraph (d) of subsection 10.

      7.  The Labor Commissioner shall issue a determination of whether to grant a modification or waiver requested pursuant to subsection 6 within 15 days after the receipt of such request. The Labor Commissioner may grant such a request if he or she makes a finding that there is good cause to modify or waive the percentage of hours of labor provided by one or more apprentices required pursuant to subsection 1 or 2.

      8.  A public body, contractor or subcontractor may request a hearing on the determination of the Labor Commissioner within 10 days after receipt of the determination of the Labor Commissioner.

 


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receipt of the determination of the Labor Commissioner. The hearing must be conducted in accordance with regulations adopted by the Labor Commissioner. If the Labor Commissioner does not receive a request for a hearing pursuant to this subsection, the determination of the Labor Commissioner is a final decision for the purposes of judicial review pursuant to chapter 233B of NRS.

      9.  A contractor or subcontractor engaged on a public work shall enter into an apprenticeship agreement for all apprentices required to be used in the construction of a public work. If the Labor Commissioner granted a modification or waiver pursuant to subsection 7 because the Labor Commissioner finds that a request for apprentices was denied or the request was not approved within 5 business days as described in subparagraph (3) of paragraph (d) of subsection 10 and apprentices are later provided, then the contractor or subcontractor shall enter into an apprenticeship agreement for all apprentices later provided.

      10.  As used in this section:

      (a) “Apprentice” means a person enrolled in an apprenticeship program recognized by the State Apprenticeship Council.

      (b) “Apprenticed craft or type of work” means a craft or type of work for which there is an existing apprenticeship program recognized by the State Apprenticeship Council.

      (c) “Apprenticeship program” means an apprenticeship program recognized by the State Apprenticeship Council.

      (d) “Good cause” means:

             (1) There are no apprentices available from an apprenticeship program within the jurisdiction where the public work is to be completed as recognized by the State Apprenticeship Council;

             (2) The contractor or subcontractor is required to perform uniquely complex or hazardous tasks on the public work that require the skill and expertise of a greater percentage of journeymen; or

             (3) The contractor or subcontractor has requested apprentices from an apprenticeship program and the request has been denied or the request has not been approved within 5 business days.

Ê The term does not include the refusal of a contractor or subcontractor to enter into an apprenticeship agreement pursuant to subsection 9.

      (e) “Journeyman” has the meaning ascribed to it in NRS 624.260.

      (f) “State Apprenticeship Council” means the State Apprenticeship Council created by NRS 610.030.

      Sec. 2. NRS 338.015 is hereby amended to read as follows:

      338.015  1.  The Labor Commissioner shall enforce the provisions of NRS 338.010 to 338.130, inclusive [.] , and section 1.7 of this act.

      2.  In addition to any other remedy or penalty provided in this chapter, if any person, including, without limitation, a public body, violates any provision of NRS 338.010 to 338.130, inclusive, and section 1.7 of this act, or any regulation adopted pursuant thereto, the Labor Commissioner may, after providing the person with notice and an opportunity for a hearing, impose against the person an administrative penalty of not more than $5,000 for each such violation.

      3.  The Labor Commissioner may, by regulation, establish a sliding scale based on the severity of the violation to determine the amount of the administrative penalty to be imposed against the person pursuant to this section.

 


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      4.  The Labor Commissioner shall report the violation to the Attorney General, and the Attorney General may prosecute the person in accordance with law.

      Secs. 3-7. (Deleted by amendment.)

      Sec. 7.5.  The amendatory provisions of this act do not apply to a contract for a public work for which bids have been submitted before January 1, 2020.

      Sec. 8.  This act becomes effective on January 1, 2020.

________

CHAPTER 528, SB 493

Senate Bill No. 493–Senators Dondero Loop, Spearman, Parks; Brooks, Denis, D. Harris, Ohrenschall, Washington and Woodhouse

 

CHAPTER 528

 

[Approved: June 8, 2019]

 

AN ACT relating to employee misclassification; requiring certain state agencies to share information relating to suspected employee misclassification under certain circumstances; creating the Task Force on Employee Misclassification; providing its duties; making various other changes relating to employee misclassification; providing an administrative penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 7 of this bill requires the offices of the Labor Commissioner, the Division of Industrial Relations of the Department of Business and Industry, the Employment Security Division of the Department of Employment, Training and Rehabilitation, the Department of Taxation and the Attorney General to share amongst their respective offices information relating to suspected employee misclassification that is received in the performance of their official duties under certain circumstances. Section 2 of this bill defines “employee misclassification” as the practice by an employer of improperly classifying employees as independent contractors to avoid any legal obligation under state labor, employment and tax laws, including, without limitation, the laws governing minimum wage, overtime, unemployment insurance, workers’ compensation insurance, temporary disability insurance, wage payment and payroll taxes.

      Section 8 of this bill creates and sets forth the membership of the Task Force on Employee Misclassification. Section 9 of this bill sets forth the duties of the Task Force.

      Existing law provides that a person is conclusively presumed to be an independent contractor in certain circumstances. (NRS 608.0155) Section 10.5 of this bill clarifies that such an independent contractor must hold a state or local business license to operate in this State. Section 10.5 also provides that a natural person who is a contractor or subcontractor or who provides certain labor for a contractor or subcontractor and who meets certain requirements is presumed to be an independent contractor. Existing law requires an employer to post a notice upon his or her premises that contains certain information. (NRS 616A.490) Section 11.7 of this bill requires such a notice to include the relevant definitions of “employee” and “independent contractor.” Section 10.3 of this bill authorizes the Labor Commissioner to impose various administrative penalties against an employer who misclassifies a person as an independent contractor or otherwise fails to properly classify an employee. Section 10.4 of this bill authorizes a person to file a complaint with the Labor Commissioner to seek an administrative penalty.

 


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ê2019 Statutes of Nevada, Page 3157 (CHAPTER 528, SB 493)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 607 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2. As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, “employee misclassification” means the practice by an employer of improperly classifying employees as independent contractors to avoid any legal obligation under state labor, employment and tax laws, including, without limitation, the laws governing minimum wage, overtime, unemployment insurance, workers’ compensation insurance, temporary disability insurance, wage payment and payroll taxes.

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

      Sec. 7. The offices of the Labor Commissioner, Division of Industrial Relations of the Department of Business and Industry, Employment Security Division of the Department of Employment, Training and Rehabilitation, Department of Taxation and Attorney General:

      1.  Shall communicate between their respective offices information relating to suspected employee misclassification which is received in the performance of their official duties and which is not otherwise declared by law to be confidential.

      2.  May communicate between their respective offices information relating to employee misclassification which is received in the performance of their official duties and which is otherwise declared by law to be confidential, if the confidentiality of the information is otherwise maintained under the terms and conditions required by law.

      Sec. 8. 1.  The Task Force on Employee Misclassification is hereby created.

      2.  The Governor shall appoint to serve on the Task Force:

      (a) One person who represents an employer located in this State that employs more than 500 full-time or part-time employees.

      (b) One person who represents an employer located in this State that employs 500 or fewer full-time or part-time employees.

      (c) One person who is an independent contractor in this State.

      (d) Two persons who represent organized labor in this State.

      (e) One person who represents a trade or business association in this State.

      (f) One person who represents a governmental agency that administers laws governing employee misclassification.

      3.  The Governor may appoint up to two additional members to serve on the Task Force as the Governor deems appropriate.

      4.  After the initial terms, the members of the Task Force serve a term of 2 years and until their respective successors are appointed. A member may be reappointed in the same manner as the original appointments.

      5.  Any vacancy occurring in the membership of the Task Force must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

      6.  The Task Force shall meet at least twice each fiscal year and may meet at such additional times as deemed necessary by the Chair.

 


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      7.  At the first meeting of each fiscal year, the Task Force shall elect from its members a Chair and a Vice Chair.

      8.  A majority of the members of the Task Force 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 Task Force.

      9.  The Task Force shall comply with the provisions of chapter 241 of NRS, and all meetings of the Task Force must be conducted in accordance with that chapter.

      10.  Members of the Task Force serve without compensation.

      11.  The Labor Commissioner shall provide the personnel, facilities, equipment and supplies required by the Task Force to carry out its duties.

      Sec. 9. The Task Force on Employee Misclassification created by section 8 of this act shall:

      1.  Evaluate the policies and practices of the Labor Commissioner, Division of Industrial Relations of the Department of Business and Industry, Employment Security Division of the Department of Employment, Training and Rehabilitation, Department of Taxation and Attorney General relating to employee misclassification.

      2.  Evaluate any existing fines, penalties or other disciplinary action relating to employee misclassification that are authorized to be imposed by a state agency.

      3.  Develop recommendations for policies, practices or proposed legislation to reduce the occurrence of employee misclassification.

      4.  On or before July 1, 2020, and on or before July 1 of each subsequent year, submit a written report to the Director of the Legislative Counsel Bureau for submission to the Legislative Commission. The report must include, without limitation, a summary of the work of the Task Force and recommendations for legislation concerning employee misclassification.

      Sec. 10. 1.  The Task Force on Employee Misclassification created by section 8 of this act may create a subcommittee to the Task Force for any purpose that is consistent with sections 2 to 10, inclusive, of this act.

      2.  The Task Force shall appoint the members of the subcommittee and designate one of the members of the subcommittee as chair of the subcommittee. The chair of the subcommittee must be a member of the Task Force.

      3.  The subcommittee shall meet at the times and places specified by a call of the chair of the subcommittee. A majority of the members of the subcommittee constitutes a quorum, and a quorum may exercise any power or authority conferred on the subcommittee.

      Sec. 10.1. Chapter 608 of NRS is hereby amended by adding thereto the provisions set forth as sections 10.3 and 10.4 of this act.

      Sec. 10.3. 1.  An employer shall not:

      (a) Through means of coercion, misrepresentation or fraud, require a person to be classified as an independent contractor or form any business entity in order to classify the person as an independent contractor; or

      (b) Willfully misclassify or otherwise willfully fail to properly classify a person as an independent contractor.

      2.  In addition to any other remedy or penalty provided by law, the Labor Commissioner may impose an administrative penalty against an employer who misclassifies a person as an independent contractor or otherwise fails to properly classify a person as an employee of the employer.

 


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otherwise fails to properly classify a person as an employee of the employer. An administrative penalty imposed pursuant to this section must be:

      (a) For a first offense committed by an employer who unintentionally misclassifies or otherwise fails to properly classify a person as an employee of the employer, a warning issued to the employer by the Labor Commissioner.

      (b) For a first offense committed by an employer who willfully misclassifies or otherwise willfully fails to properly classify a person as an employee of the employer, a fine of $2,500 for the first incident of willfully misclassifying or willfully failing to properly classify one or more persons as an employee of the employer imposed by the Labor Commissioner.

      (c) For a second or subsequent offense, a fine of $5,000 for each employee who was willfully misclassified imposed by the Labor Commissioner.

      3.  Before the Labor Commissioner may enforce an administrative penalty against an employer for misclassifying or otherwise failing to properly classify an employee of the employer pursuant to this section, the Labor Commissioner must provide the employer with notice and an opportunity for a hearing as set forth in NRS 607.207. The Labor Commissioner may impose an administrative penalty as set forth in subsection 2 if the Labor Commissioner finds that:

      (a) The employer misclassified a person as an independent contractor; or

      (b) The employer otherwise failed to properly classify a person as an employee of the employer.

      Sec. 10.4. 1.  An employer who is found after a hearing conducted in accordance with subsection 3 to have misclassified a person as an independent contractor is liable to such person for lost wages, benefits or other economic damages to make the person whole.

      2.  A person may file a complaint alleging the misclassification of the person as an independent contractor with the Labor Commissioner. The Labor Commissioner shall make a determination on the allegations of the complaint within 120 days after receipt of the complaint. If the Labor Commissioner finds that an employer misclassified an employee as an independent contractor, the Labor Commissioner may impose the penalties set forth in subsection 1.

      3.  A hearing conducted pursuant to this section must be held in accordance with chapter 233B of NRS.

      4.  Each party to a hearing conducted pursuant to this section may petition for judicial review of the decision of the Labor Commissioner in the manner provided by chapter 233B of NRS.

      Sec. 10.5. NRS 608.0155 is hereby amended to read as follows:

      608.0155  1.  [For] Except as otherwise provided in subsection 2, for the purposes of this chapter, a person is conclusively presumed to be an independent contractor if:

      (a) Unless the person is a foreign national who is legally present in the United States, the person possesses or has applied for an employer identification number or social security number or has filed an income tax return for a business or earnings from self-employment with the Internal Revenue Service in the previous year;

 


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      (b) The person is required by the contract with the principal to hold any necessary state business license or local business license and to maintain any necessary occupational license, insurance or bonding [;] in order to operate in this State; and

      (c) The person satisfies three or more of the following criteria:

             (1) Notwithstanding the exercise of any control necessary to comply with any statutory, regulatory or contractual obligations, the person has control and discretion over the means and manner of the performance of any work and the result of the work, rather than the means or manner by which the work is performed, is the primary element bargained for by the principal in the contract.

             (2) Except for an agreement with the principal relating to the completion schedule, range of work hours or, if the work contracted for is entertainment, the time such entertainment is to be presented, the person has control over the time the work is performed.

             (3) The person is not required to work exclusively for one principal unless:

                   (I) A law, regulation or ordinance prohibits the person from providing services to more than one principal; or

                   (II) The person has entered into a written contract to provide services to only one principal for a limited period.

             (4) The person is free to hire employees to assist with the work.

             (5) The person contributes a substantial investment of capital in the business of the person, including, without limitation, the:

                   (I) Purchase or lease of ordinary tools, material and equipment regardless of source;

                   (II) Obtaining of a license or other permission from the principal to access any work space of the principal to perform the work for which the person was engaged; and

                   (III) Lease of any work space from the principal required to perform the work for which the person was engaged.

Ê The determination of whether an investment of capital is substantial for the purpose of this subparagraph must be made on the basis of the amount of income the person receives, the equipment commonly used and the expenses commonly incurred in the trade or profession in which the person engages.

      2.  A natural person is conclusively presumed to be an independent contractor if the person is a contractor or subcontractor licensed pursuant to chapter 624 of NRS or is directly compensated by a contractor or subcontractor licensed pursuant to chapter 624 of NRS for providing labor for which a license pursuant to chapter 624 of NRS is required to perform and:

      (a) The person has been and will continue to be free from control or direction over the performance of the services, both under his or her contract of service and in fact;

      (b) The service is either outside the usual course of the business for which the service is performed or that the service is performed outside of all the places of business of the enterprises for which the service is performed; and

      (c) The service is performed in the course of an independently established trade, occupation, profession or business in which the person is customarily engaged, of the same nature as that involved in the contract of service.

 


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      3.  The fact that a person is not conclusively presumed to be an independent contractor for failure to satisfy three or more of the criteria set forth in paragraph (c) of subsection 1 does not automatically create a presumption that the person is an employee.

      [3.] 4.  As used in this section, [“foreign] :

      (a) “Foreign national” has the meaning ascribed to it in NRS 294A.325.

      (b) “Providing labor” does not include the delivery of supplies.

      Sec. 11. NRS 612.265 is hereby amended to read as follows:

      612.265  1.  Except as otherwise provided in this section and NRS 239.0115 and 612.642, and section 7 of this act, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s or employing unit’s identity.

      2.  Any claimant or a legal representative of a claimant is entitled to information from the records of the Division, to the extent necessary for the proper presentation of the claimant’s claim in any proceeding pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the Division for any other purpose.

      3.  The Administrator may, in accordance with a cooperative agreement among all participants in the statewide longitudinal data system developed pursuant to NRS 400.037 and administered pursuant to NRS 223.820, make the information obtained by the Division available to:

      (a) The Board of Regents of the University of Nevada for the purpose of complying with the provisions of subsection 4 of NRS 396.531; and

      (b) The Director of the Department of Employment, Training and Rehabilitation for the purpose of complying with the provisions of paragraph (d) of subsection 1 of NRS 232.920.

      4.  Subject to such restrictions as the Administrator may by regulation prescribe, the information obtained by the Division may be made available to:

      (a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of laws relating to unemployment compensation, public assistance, workers’ compensation or labor and industrial relations, or the maintenance of a system of public employment offices;

      (b) Any state or local agency for the enforcement of child support;

      (c) The Internal Revenue Service of the Department of the Treasury;

      (d) The Department of Taxation;

      (e) The State Contractors’ Board in the performance of its duties to enforce the provisions of chapter 624 of NRS; and

      (f) The Secretary of State to operate the state business portal established pursuant to chapter 75A of NRS for the purposes of verifying that data submitted via the portal has satisfied the necessary requirements established by the Division, and as necessary to maintain the technical integrity and functionality of the state business portal established pursuant to chapter 75A of NRS.

Ê Information obtained in connection with the administration of the Division may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.

 


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      5.  Upon written request made by the State Controller or a public officer of a local government, the Administrator shall furnish from the records of the Division the name, address and place of employment of any person listed in the records of employment of the Division. The request may be made electronically and must set forth the social security number of the person about whom the request is made and contain a statement signed by the proper authority of the State Controller or local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation assigned to the State Controller for collection or owed to the local government, as applicable. Except as otherwise provided in NRS 239.0115, the information obtained by the State Controller or local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation assigned to the State Controller for collection or owed to that local government. The Administrator may charge a reasonable fee for the cost of providing the requested information.

      6.  The Administrator may publish or otherwise provide information on the names of employers, their addresses, their type or class of business or industry, and the approximate number of employees employed by each such employer, if the information released will assist unemployed persons to obtain employment or will be generally useful in developing and diversifying the economic interests of this State. Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this State, the Administrator may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer. The Administrator may charge a fee to cover the actual costs of any administrative expenses relating to the disclosure of this information to a state agency. The Administrator may require the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and prevent its unauthorized disclosure.

      7.  Upon request therefor, the Administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.

      8.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this State may submit a written request to the Administrator that the Administrator furnish, from the records of the Division, the name, address and place of employment of any person listed in the records of employment of the Division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the Administrator shall furnish the information requested. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      9.  In addition to the provisions of subsection 6, the Administrator shall provide lists containing the names and addresses of employers, and information regarding the wages paid by each employer to the Department of Taxation, upon request, for use in verifying returns for the taxes imposed pursuant to chapters 363A, 363B and 363C of NRS.

 


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pursuant to chapters 363A, 363B and 363C of NRS. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      10.  Upon the request of any district judge or jury commissioner of the judicial district in which the county is located, the Administrator shall, in accordance with other agreements entered into with other district courts and in compliance with 20 C.F.R. Part 603, and any other applicable federal laws and regulations governing the Division, furnish the name, address and date of birth of persons who receive benefits in any county, for use in the selection of trial jurors pursuant to NRS 6.045. The court or jury commissioner who requests the list of such persons shall reimburse the Division for the reasonable cost of providing the requested information.

      11.  The Division of Industrial Relations of the Department of Business and Industry shall periodically submit to the Administrator, from information in the index of claims established pursuant to NRS 616B.018, a list containing the name of each person who received benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. Upon receipt of that information, the Administrator shall compare the information so provided with the records of the Employment Security Division regarding persons claiming benefits pursuant to this chapter for the same period. The information submitted by the Division of Industrial Relations must be in a form determined by the Administrator and must contain the social security number of each such person. If it appears from the information submitted that a person is simultaneously claiming benefits under this chapter and under chapters 616A to 616D, inclusive, or chapter 617 of NRS, the Administrator shall notify the Attorney General or any other appropriate law enforcement agency.

      12.  The Administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in section 3305(c) of the Internal Revenue Code of 1954.

      13.  The Administrator, any employee or other person acting on behalf of the Administrator, or any employee or other person acting on behalf of an agency or entity allowed to access information obtained from any employing unit or person in the administration of this chapter, or any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter, is guilty of a gross misdemeanor if he or she:

      (a) Uses or permits the use of the list for any political purpose;

      (b) Uses or permits the use of the list for any purpose other than one authorized by the Administrator or by law; or

      (c) Fails to protect and prevent the unauthorized use or dissemination of information derived from the list.

      14.  All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the Division or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

      Secs. 11.3 and 11.5. (Deleted by amendment.)

 


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      Sec. 11.7. NRS 616A.490 is hereby amended to read as follows:

      616A.490  1.  Every employer shall post a notice upon his or her premises in a conspicuous place identifying the employer’s industrial insurer. The notice must [include] :

      (a) Include the insurer’s name, business address and telephone number and the name, business address and telephone number of its nearest adjuster in this State. The employer shall at all times maintain the notice provided for the information of his or her employees.

      (b) Prominently set forth any applicable definitions of “employee” and “independent contractor,” as those terms are defined in chapters 616A to 616D, inclusive, of NRS.

      Sec. 12. NRS 616B.012 is hereby amended to read as follows:

      616B.012  1.  Except as otherwise provided in this section and NRS 239.0115, 616B.015, 616B.021 and 616C.205, and section 7 of this act, information obtained from any insurer, employer or employee is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s identity.

      2.  Any claimant or legal representative of the claimant is entitled to information from the records of the insurer, to the extent necessary for the proper presentation of a claim in any proceeding under chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      3.  The Division and Administrator are entitled to information from the records of the insurer which is necessary for the performance of their duties. The Administrator may, by regulation, prescribe the manner in which otherwise confidential information may be made available to:

      (a) Any agency of this or any other state charged with the administration or enforcement of laws relating to industrial insurance, unemployment compensation, public assistance or labor law and industrial relations;

      (b) Any state or local agency for the enforcement of child support;

      (c) The Internal Revenue Service of the Department of the Treasury;

      (d) The Department of Taxation; and

      (e) The State Contractors’ Board in the performance of its duties to enforce the provisions of chapter 624 of NRS.

Ê Information obtained in connection with the administration of a program of industrial insurance may be made available to persons or agencies for purposes appropriate to the operation of a program of industrial insurance.

      4.  Upon written request made by a public officer of a local government, an insurer shall furnish from its records the name, address and place of employment of any person listed in its records. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. Except as otherwise provided in NRS 239.0115, the information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to the local government. The insurer may charge a reasonable fee for the cost of providing the requested information.

      5.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this State may submit to the Administrator a written request for the name, address and place of employment of any person listed in the records of an insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency.

 


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social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of a request, the Administrator shall instruct the insurer to furnish the information requested. Upon receipt of such an instruction, the insurer shall furnish the information requested. The insurer may charge a reasonable fee to cover any related administrative expenses.

      6.  Upon request by the Department of Taxation, the Administrator shall provide:

      (a) Lists containing the names and addresses of employers; and

      (b) Other information concerning employers collected and maintained by the Administrator or the Division to carry out the purposes of chapters 616A to 616D, inclusive, or chapter 617 of NRS,

Ê to the Department for its use in verifying returns for the taxes imposed pursuant to chapters 363A, 363B and 363C of NRS. The Administrator may charge a reasonable fee to cover any related administrative expenses.

      7.  Any person who, in violation of this section, discloses information obtained from files of claimants or policyholders or obtains a list of claimants or policyholders under chapters 616A to 616D, inclusive, or chapter 617 of NRS and uses or permits the use of the list for any political purposes, is guilty of a gross misdemeanor.

      8.  All letters, reports or communications of any kind, oral or written, from the insurer, or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      9.  The provisions of this section do not prohibit the Administrator or the Division from disclosing any nonproprietary information relating to an uninsured employer or proof of industrial insurance.

      Sec. 13. NRS 616B.015 is hereby amended to read as follows:

      616B.015  1.  Except as otherwise provided in subsection 2 and NRS 239.0115, and section 7 of this act, the records and files of the Division concerning self-insured employers and associations of self-insured public or private employers are confidential and may be revealed in whole or in part only in the course of the administration of the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS relating to those employers or upon the lawful order of a court of competent jurisdiction.

      2.  The records and files specified in subsection 1 are not confidential in the following cases:

      (a) Testimony by an officer or agent of the Division and the production of records and files on behalf of the Division in any action or proceeding conducted pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS if that testimony or the records and files, or the facts shown thereby, are involved in the action or proceeding.

      (b) Delivery to a self-insured employer or an association of self-insured public or private employers of a copy of any document filed by the employer with the Division pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      (c) Publication of statistics if classified so as to prevent:

             (1) Identification of a particular employer or document; or

 


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             (2) Disclosure of the financial or business condition of a particular employer or insurer.

      (d) Disclosure in confidence, without further distribution or disclosure to any other person, to:

             (1) The Governor or an agent of the Governor in the exercise of the Governor’s general supervisory powers;

             (2) Any person authorized to audit the accounts of the Division in pursuance of an audit;

             (3) The Attorney General or other legal representative of the State in connection with an action or proceeding conducted pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS;

             (4) Any agency of this or any other state charged with the administration or enforcement of the laws relating to workers’ compensation or unemployment compensation; or

             (5) Any federal, state or local law enforcement agency.

      (e) Disclosure in confidence by a person who receives information pursuant to paragraph (d) to a person in furtherance of the administration or enforcement of the laws relating to workers’ compensation or unemployment compensation.

      3.  As used in this section:

      (a) “Division” means the Division of Insurance of the Department of Business and Industry.

      (b) “Records and files” means:

             (1) All credit reports, references, investigative records, financial information and data pertaining to the net worth of a self-insured employer or association of self-insured public or private employers; and

             (2) All information and data required by the Division to be furnished to it pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS or which may be otherwise obtained relative to the finances, earnings, revenue, trade secrets or the financial condition of any self-insured employer or association of self-insured public or private employers.

      Sec. 13.5. (Deleted by amendment.)

      Sec. 14.  1.  As soon as practicable after July 1, 2019, the Governor shall appoint the members of the Task Force on Employee Misclassification described in subsections 2 and 3 of section 8 of this act.

      2.  The terms of the members of the Task Force on Employee Misclassification appointed pursuant to subsection 1 expire on June 30, 2021.

      Sec. 15.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 16.  1.  This section and sections 14 and 15 of this act become effective upon passage and approval.

      2.  Sections 1 to 13, inclusive, of this act become effective on July 1, 2019.

________

 


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CHAPTER 529, AB 264

Assembly Bill No. 264–Assemblymen Peters, Flores; Assefa, Bilbray-Axelrod, Carrillo, Duran, Fumo, Gorelow, Hafen, Hardy, Leavitt, Martinez, McCurdy, Munk, Neal and Smith

 

Joint Sponsor: Senator Scheible

 

CHAPTER 529

 

[Approved: June 8, 2019]

 

AN ACT relating to governmental administration; requiring the Nevada Indian Commission to implement a policy that promotes collaboration between a state agency and Indian tribes; requiring the Governor to meet with the leaders of Indian tribes; requiring certain employees of state agencies to receive certain training; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      New Mexico enacted the State-Tribal Collaboration Act in 2009. The Act promotes increased cooperation and collaboration between the state of New Mexico and the Indian nations or tribes of that state. (N.M. Stat. Ann. § 11-18-1) This bill models the provisions of the State-Tribal Collaboration Act of New Mexico. Section 6 of this bill requires the Nevada Indian Commission to implement a policy that promotes collaboration and positive government-to-government relations between state agencies and Indian tribes. In developing such a policy, section 6 requires the Commission to consult with representatives of Indian tribes and state agencies. Section 6 also requires each state agency to collaborate with Indian tribes in the development and implementation of policies, agreements and programs that affect Indian tribes. Section 6 further requires certain state agencies to designate a tribal liaison. Section 6 also requires the head of a state agency and the tribal liaison to collaborate with an Indian tribe to resolve an issue the Indian tribe has identified with a policy, agreement or program of the state agency in accordance with the policy implemented by the Commission. Finally, section 6 requires the Commission to post on its Internet website a list of the names and contact information for the leaders of the Indian tribes and the tribal liaison of each state agency. Section 7 of this bill requires the Governor to meet with the Indian tribes at least once a year. Section 7 also requires certain employees of state agencies to complete certain training. Section 7 requires each state agency to submit a report to the Nevada Indian Commission, which then must compile the reports and submit them to the Governor and the Director of the Legislative Counsel Bureau. Section 7 also requires the Commission to submit periodically a report to the Governor and the Director of the Legislative Counsel Bureau on its activities and recommendations. Section 8 of this bill establishes that a private right of action does not exist under 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 233A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3.5 to 5, inclusive, of this act have the meanings ascribed to them in those sections.

 


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      Sec. 3.  (Deleted by amendment.)

      Sec. 3.5. “Agreement” means a written agreement or a written contract of a state agency.

      Sec. 4. “Indian tribe” means a federally recognized American Indian tribe pursuant to 25 C.F.R. §§ 83.1 to 83.12, inclusive.

      Sec. 4.3. “Policy” means an official public policy of a state agency that creates a common practice relating to a class of issues.

      Sec. 4.7. “Program” means an official program of a state agency.

      Sec. 5. “State agency” means an agency, bureau, board, commission, department or division of the Executive Department of State Government.

      Sec. 6. 1.  The Commission shall develop and implement a policy that:

      (a) Promotes effective communication and collaboration between a state agency and Indian tribes;

      (b) Promotes positive government-to-government relations between this State and Indian tribes;

      (c) Promotes cultural competency in providing effective services to Indian tribes; and

      (d) Establishes a method for notifying employees of a state agency of the provisions of sections 2 to 8, inclusive, of this act, and the policy that the Commission develops pursuant to this section.

      2.  In the process of developing the policy pursuant to subsection 1, the Commission shall consult with representatives of Indian tribes and of state agencies.

      3.  A state agency shall make a reasonable effort to collaborate with Indian tribes in the development and implementation of policies, agreements and programs of the state agency that directly affect Indian tribes.

      4.  Each state agency that communicates with Indian tribes on a regular basis shall designate a tribal liaison who reports directly to the office of the head of the agency. The tribal liaison shall:

      (a) Assist the head of the state agency with ensuring the implementation of the policy developed pursuant to subsection 1;

      (b) Serve as a contact person who shall maintain ongoing communication between the state agency and affected Indian tribes; and

      (c) Ensure that training is provided to the staff of the state agency pursuant to subsection 2 of section 7 of this act.

Ê Nothing in this subsection precludes a tribal liaison from providing or facilitating additional training.

      5.  If a representative of an Indian tribe, on tribal business, contacts a state agency to resolve an issue with a policy, agreement or program of the state agency that affects that Indian tribe, the tribal liaison of the state agency shall notify the head of the state agency of the issue. The head of the state agency, or his or her designee, and the tribal liaison must follow the policy developed pursuant to subsection 1 to attempt to resolve the issue in collaboration with the Indian tribe.

      6.  The Commission shall publish on its Internet website an accurate list of the names and contact information for the leaders of the Indian tribes and for the tribal liaison of each state agency that communicates with Indian tribes on a regular basis.

 


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