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CHAPTER 531, AB 393

Assembly Bill No. 393–Assemblyman Frierson

 

CHAPTER 531

 

[Approved: June 8, 2019]

 

AN ACT relating to governmental administration; prohibiting the foreclosure of real property or a lien against a unit in a common-interest community owned by a federal worker, tribal worker, state worker or household member of such a worker during a government shutdown in certain circumstances; providing certain protections to a tenant who is a federal worker, tribal worker, state worker or household member of such a worker during a government shutdown; prohibiting a person from repossessing the vehicle of a federal worker, tribal worker, state worker or household member of such a worker during a government shutdown; authorizing the provision of assistance in paying for natural gas and electricity to a federal worker, tribal worker, state worker or household member of such a worker during a government shutdown; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Federal Employees Civil Relief Act, which is pending before Congress, proposes to provide relief to federal employees and employees of contractors during a lapse in appropriations for any federal agency or department by suspending the enforcement of certain civil liabilities of such employees during the lapse. (S. 72, 116th Cong. (2019)) This bill generally enacts similar provisions in state law intended to provide certain protections to federal workers, tribal workers, state workers and household members of such workers during a lapse in appropriations at the state or federal level or for the tribal government. This bill defines the following terms: (1) “federal worker” to mean an employee of a federal agency or an employee of a contractor who has entered into a contract with a federal agency; (2) “tribal worker” to mean an employee of a federally recognized Nevada Indian tribe that receives at least a majority of its funding from the Federal Government or an employee of a contractor who has entered into a contract with such a tribe; (3) “state worker” to mean an employee of a state agency or an employee of a contractor who has entered into a contract with a state agency; (4) “shutdown” to mean any period in which there is a lapse in appropriations for a federal or state agency or tribal government that continues through any unpaid payday for a federal worker, tribal worker or state worker employed by that agency or government; and (5) “household member” to mean any person who is related by blood, marriage, adoption or other legal process and is currently residing with a federal worker, tribal worker or state worker affected by a shutdown.

      Section 6 of this bill provides that if a mortgagor or grantor of a deed of trust under a residential mortgage loan is a federal worker, tribal worker, state worker or, in certain circumstances, a household member or landlord of such a worker, a person is prohibited from conducting a foreclosure sale during the period commencing on the date that a shutdown begins and ending on the date that is 90 days after the date on which the shutdown ends. Section 6 also provides that in any civil action for a foreclosure sale that is filed during that period against a federal worker, tribal worker or state worker or, if applicable, a household member or landlord of such a worker, the court is authorized or required, depending on the circumstances, to stay the proceedings in the action for a certain period or issue an order that conserves the interests of the parties unless the court determines that the ability of the federal worker, tribal worker, state worker or household member or landlord of such a worker to comply with the terms of the obligation secured by the residential mortgage loan is not materially affected by the shutdown.

 


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worker to comply with the terms of the obligation secured by the residential mortgage loan is not materially affected by the shutdown. Section 6 further provides that any such protection against foreclosure only applies to a residential mortgage loan that was secured before the shutdown. Section 6 provides that any person who knowingly conducts a foreclosure sale in violation of the provisions of section 6 is guilty of a misdemeanor and is liable for actual damages, reasonable attorney’s fees and costs incurred by the injured party. This protection against foreclosure provided by section 6 is similar to that provided in existing law to a servicemember on active duty or deployment. (NRS 40.439) Existing law requires that a servicemember receive notice of such protections before a notice of default and election to sell is recorded for a trustee’s sale or before the commencement of a civil action for a foreclosure sale. (NRS 107.500) Section 12 of this bill extends this requirement to provide notice of the similar protections to a federal worker, tribal worker or state worker or household member or landlord of such a worker in relation to a shutdown.

      Section 13 of this bill applies the applicable provisions set forth in section 6 to the foreclosure of a lien of a unit-owners’ association against a unit in a common-interest community and provides that if a unit’s owner or his or her successor in interest is a federal worker, tribal worker or state worker or, in certain circumstances, a household member or landlord of such a worker, an association is generally prohibited from initiating the foreclosure of a lien by sale during any period between the commencement of a shutdown and 90 days after the end of a shutdown. Section 13 also requires a unit-owners’ association to: (1) inform each unit’s owner or his or her successor in interest that if the person is a federal worker, tribal worker, state worker or household member or landlord of such a worker, he or she may be entitled to certain protections pursuant to section 13; and (2) give the person the opportunity to provide any information required to enable the association to verify whether the person is entitled to the protections set forth in section 13. Section 13 also requires that before an association takes certain action relating to the foreclosure of a lien by sale, the association must, if such information is provided, verify whether a unit’s owner or his or her successor in interest is entitled to the protections set forth in section 13 or, if such information is not provided, make a good faith effort to verify whether a unit’s owner or his or her successor in interest is entitled to such protections. This protection against foreclosure provided by section 13 is similar to that provided to a servicemember on active duty or deployment. (NRS 116.311625)

      Existing law prescribes criteria for unlawful detainer by a tenant of real property, a recreational vehicle or a mobile home. (NRS 40.251, 40.2512) Section 7 of this bill: (1) authorizes a tenant who is a federal worker, tribal worker, state worker or household member of such a worker to request to be allowed to continue in possession of real property or a dwelling unit during a shutdown and for a period of not more than 30 days after the shutdown; and (2) requires a landlord who receives such a request to allow the tenant to remain in possession of the property or unit during that period. Section 8 of this bill provides that a tenant who provides to a landlord proof that he or she is a federal worker, tribal worker, state worker or household member of such a worker during a shutdown is not guilty of unlawful detainer.

      Existing law provides for a summary eviction procedure when the tenant of any dwelling, apartment, mobile home, recreational vehicle or commercial premises defaults in the payment of rent. (NRS 40.253) Section 9 of this bill provides that the summary eviction procedure does not apply to a tenant who provides proof to the landlord that he or she is a federal worker, tribal worker, state worker or household member of such a worker during a shutdown.

      Existing law prescribes basic obligations of a tenant, which include requiring a tenant to comply with the terms of a rental agreement. (NRS 118A.310) Section 20 of this bill makes any term of a rental agreement requiring the payment of rent at a specified time unenforceable against a tenant who is a federal worker, tribal worker, state worker or household member of such a worker during a shutdown. Section 20 also requires a landlord to accept payment of rent for the period in which a federal or state agency or tribal government was experiencing a shutdown for a period not to exceed 30 days after the end of the shutdown.

 


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exceed 30 days after the end of the shutdown. Section 21 of this bill prohibits a landlord from taking certain retaliatory action against a tenant who pays rent in the period prescribed in section 20.

      Section 18.7 of this bill authorizes a landlord to petition the court for relief from the protections for federal workers, tribal workers, state workers and certain household members of such workers prescribed in sections 6 and 20 if: (1) a shutdown continues for a period of 30 days or more; and (2) the requirements prescribed by sections 6 and 20 impose an undue hardship on the landlord. Section 18.7 provides that if the court grants relief from these provisions: (1) the parties may modify the terms of the rental agreement; or (2) the landlord may terminate the rental agreement and commence eviction proceedings. Sections 7-9, 20 and 21 make conforming changes.

      Sections 26 and 27 of this bill prohibit a landlord of a manufactured home park from charging any late fee for a late rental payment by a federal worker, tribal worker, state worker or household member of such a worker during a shutdown. Section 28 of this bill prohibits a landlord of a manufactured home park from terminating a rental agreement for failure of the tenant to pay rent if the tenant provides proof to the landlord that he or she is a federal worker, tribal worker, state worker or household member of such a worker during a shutdown. Section 29 of this bill prohibits a landlord from taking certain retaliatory action against a tenant who provides such proof.

      Section 30 of this bill prohibits a person from repossessing the vehicle of a federal worker, tribal worker, state worker or household member of such a worker who provides proof that he or she is such a person during a shutdown or for a period of 30 days immediately after the end of a shutdown. Section 30 provides that any person who knowingly repossesses a vehicle in violation of the provisions of section 30 is guilty of a misdemeanor and is liable for actual damages, reasonable attorney’s fees and costs incurred by the injured party. Existing law requires that certain notice be provided before a vehicle repossessed pursuant to a security agreement may be sold. (NRS 482.516) Section 30.5 of this bill requires that information about the protections provided by section 30 be included in that notice.

      Existing law authorizes the Division of Welfare and Supportive Services of the Department of Health and Human Services to use money in the Fund for Energy Assistance and Conservation to assist eligible households in paying for natural gas and electricity. (NRS 702.260) Section 31 of this bill makes households that include at least one federal worker, tribal worker or state worker eligible for such assistance during a shutdown.

 

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 40 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 5.5, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Federal worker” means an employee of a federal agency or an employee of a contractor who has entered into a contract with a federal agency.

      Sec. 3.25. “Household member” means any person who is related by blood, marriage, adoption or other legal process and is currently residing with a federal worker, tribal worker or state worker affected by a shutdown.

 


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      Sec. 3.5. “Qualified Indian tribe” means a federally recognized Nevada Indian tribe that receives at least a majority of its funding from the Federal Government.

      Sec. 4. “Shutdown” means any period in which there is a lapse in appropriations for a federal or state agency or tribal government that continues through any unpaid payday for a federal worker, state worker or tribal worker employed by that agency or tribal government.

      Sec. 5. “State worker” means an employee of a state agency or an employee of a contractor who has entered into a contract with a state agency.

      Sec. 5.5. “Tribal worker” means an employee of a qualified Indian tribe or an employee of a contractor who has entered into a contract with a qualified Indian tribe.

      Sec. 6. 1.  Notwithstanding any other provision of law and except as otherwise ordered by a court of competent jurisdiction, if a borrower provides proof that he or she is a federal worker, tribal worker or state worker or, in accordance with subsection 5, a household member or landlord of such a worker, a person shall not initiate or direct or authorize another person to initiate a foreclosure sale during the period commencing on the date on which a shutdown begins and ending on the date that is 90 days after the date on which the shutdown ends.

      2.  Except as otherwise provided in subsection 3, in any civil action for a foreclosure sale pursuant to NRS 40.430 involving a failure to make a payment required by a residential mortgage loan that is filed against a federal worker, tribal worker or state worker or, in accordance with subsection 5, a household member or landlord of such a worker, during a shutdown or during the 90-day period immediately after the end of a shutdown, the court may, on its own motion after a hearing, or shall, on a motion or on behalf of the federal worker, tribal worker, state worker or household member or landlord of such a worker, as applicable, do one or both of the following:

      (a) Stay the proceedings in the action until at least 90 days after the end of the shutdown; or

      (b) Adjust the obligation to preserve the interests of the parties.

      3.  The provisions of subsection 2 do not apply if the court determines that the ability of the federal worker, tribal worker, state worker or household member or landlord of such a worker to comply with the terms of the obligation secured by the residential mortgage loan is not materially affected by the shutdown.

      4.  The provisions of this section apply only to a residential mortgage loan that was secured by a federal worker, tribal worker or state worker or, in accordance with subsection 5, a household member or landlord of such a worker, before the shutdown.

      5.  Upon application to the court, a household member or landlord of such a worker is entitled to the protections provided to a federal worker, tribal worker or state worker pursuant to this section if the ability of the household member or landlord of such a worker to make payments required by a residential mortgage loan is materially affected by the shutdown.

      6.  Except as otherwise provided in subsection 7, any person who knowingly initiates or directs or authorizes another person to initiate a foreclosure sale in violation of this section:

 


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      (a) Is guilty of a misdemeanor; and

      (b) May be liable for actual damages, reasonable attorney’s fees and costs incurred by the injured party.

      7.  The provisions of subsection 6 do not apply to a trustee who initiates a foreclosure sale pursuant to the direction or authorization of another person.

      8.  In imposing liability pursuant to paragraph (b) of subsection 6, a court shall, when determining whether to reduce such liability, take into consideration any due diligence used by the person before he or she initiated or directed or authorized another person to initiate the foreclosure sale.

      9.  As used in this section:

      (a) “Borrower” has the meaning ascribed to it in NRS 107.410.

      (b) “Initiate a foreclosure sale” means to commence a civil action for a foreclosure sale pursuant to NRS 40.430 or, in the case of the exercise of a trustee’s power of sale pursuant to NRS 107.080 and 107.0805, to execute and cause to be recorded in the office of the county recorder a notice of the breach and of the election to sell or cause to be sold the property pursuant to paragraph (b) of subsection 2 of NRS 107.080 and paragraph (b) of subsection 1 of NRS 107.0805.

      (c) “Residential mortgage loan” has the meaning ascribed to it in NRS 107.450.

      (d) “Trustee” means a person described in NRS 107.028.

      Sec. 7. NRS 40.251 is hereby amended to read as follows:

      40.251  1.  A tenant of real property, a recreational vehicle or a mobile home for a term less than life is guilty of an unlawful detainer when having leased:

      (a) Real property, except as otherwise provided in this section, or a mobile home for an indefinite time, with monthly or other periodic rent reserved, the tenant continues in possession thereof, in person or by subtenant, without the landlord’s consent after the expiration of a notice of:

             (1) For tenancies from week to week, at least 7 days;

             (2) Except as otherwise provided in subsection 2, for all other periodic tenancies, at least 30 days; or

             (3) For tenancies at will, at least 5 days.

      (b) A dwelling unit subject to the provisions of chapter 118A of NRS, the tenant continues in possession, in person or by subtenant, without the landlord’s consent after expiration of:

             (1) The term of the rental agreement or its termination and, except as otherwise provided in subparagraph (2), the expiration of a notice of:

                   (I) At least 7 days for tenancies from week to week; and

                   (II) Except as otherwise provided in subsection 2, at least 30 days for all other periodic tenancies; or

             (2) A notice of at least 5 days where the tenant has failed to perform the tenant’s basic or contractual obligations under chapter 118A of NRS.

      (c) A mobile home lot subject to the provisions of chapter 118B of NRS, or a lot for a recreational vehicle in an area of a mobile home park other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 8 of NRS 40.215, the tenant continues in possession, in person or by subtenant, without the landlord’s consent:

             (1) After notice has been given pursuant to NRS 118B.115, 118B.170 or 118B.190 and the period of the notice has expired; or

 


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             (2) If the person is not a natural person and has received three notices for nonpayment of rent within a 12-month period, immediately upon failure to pay timely rent.

      (d) A recreational vehicle lot, the tenant continues in possession, in person or by subtenant, without the landlord’s consent, after the expiration of a notice of at least 5 days.

      2.  Except as otherwise provided in this section, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1, other than a tenancy from week to week, is 60 years of age or older or has a physical or mental disability, the tenant may request to be allowed to continue in possession for an additional 30 days beyond the time specified in subsection 1 by submitting a written request for an extended period and providing proof of the tenant’s age or disability. A landlord may not be required to allow a tenant to continue in possession if a shorter notice is provided pursuant to subparagraph (2) of paragraph (b) of subsection 1.

      3.  Except as otherwise provided in this section, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1 is a federal worker, tribal worker, state worker or household member of such a worker, the tenant may request to be allowed to continue in possession during the period commencing on the date on which a shutdown begins and ending on the date that is 30 days after the date on which the shutdown ends by submitting a written request for the extended period and providing proof that he or she is a federal worker, tribal worker, state worker or household member of such a worker during the shutdown.

      4.  Except as otherwise provided in section 18.7 of this act, a landlord who receives a request from a tenant pursuant to subsection 3 shall allow a tenant to continue in possession for the period requested.

      5.  Any notice provided pursuant to paragraph (a) or (b) of subsection 1 must include a statement advising the tenant of the provisions of [subsection] subsections 2 [.] , 3 and 4.

      [4.] 6.  If a landlord rejects a request to allow a tenant to continue in possession for an additional 30 days pursuant to subsection 2, the tenant may petition the court for an order to continue in possession for the additional 30 days. If the tenant submits proof to the court that the tenant is entitled to request such an extension, the court may grant the petition and enter an order allowing the tenant to continue in possession for the additional 30 days. If the court denies the petition, the tenant must be allowed to continue in possession for 5 calendar days following the date of entry of the order denying the petition.

      Sec. 8. NRS 40.2512 is hereby amended to read as follows:

      40.2512  [A]

      1.  Except as otherwise provided in subsection 2, a tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when the tenant continues in possession, in person or by subtenant, after default in the payment of any rent and after a notice in writing, requiring in the alternative the payment of the rent or the surrender of the detained premises, remains uncomplied with for a period of 5 days, or in the case of a mobile home lot, 10 days after service thereof. The notice may be served at any time after the rent becomes due.

      2.  Except as otherwise provided in section 18.7 of this act, the provisions of subsection 1 do not apply to a person who provides to the landlord proof that he or she is a federal worker, tribal worker, state worker or household member of such a worker during a shutdown.

 


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landlord proof that he or she is a federal worker, tribal worker, state worker or household member of such a worker during a shutdown.

      Sec. 9. NRS 40.253 is hereby amended to read as follows:

      40.253  1.  Except as otherwise provided in subsection 10, in addition to the remedy provided in NRS 40.2512 and 40.290 to 40.420, inclusive, when the tenant of any dwelling, apartment, mobile home, recreational vehicle or commercial premises with periodic rent reserved by the month or any shorter period is in default in payment of the rent, the landlord or the landlord’s agent, unless otherwise agreed in writing, may serve or have served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises:

      (a) At or before noon of the fifth full day following the day of service; or

      (b) If the landlord chooses not to proceed in the manner set forth in paragraph (a) and the rent is reserved by a period of 1 week or less and the tenancy has not continued for more than 45 days, at or before noon of the fourth full day following the day of service.

As used in this subsection, “day of service” means the day the landlord or the landlord’s agent personally delivers the notice to the tenant. If personal service was not so delivered, the “day of service” means the day the notice is delivered, after posting and mailing pursuant to subsection 2, to the sheriff or constable for service if the request for service is made before noon. If the request for service by the sheriff or constable is made after noon, the “day of service” shall be deemed to be the day next following the day that the request is made for service by the sheriff or constable.

      2.  A landlord or the landlord’s agent who serves a notice to a tenant pursuant to paragraph (b) of subsection 1 shall attempt to deliver the notice in person in the manner set forth in paragraph (a) of subsection 1 of NRS 40.280. If the notice cannot be delivered in person, the landlord or the landlord’s agent:

      (a) Shall post a copy of the notice in a conspicuous place on the premises and mail the notice by overnight mail; and

      (b) After the notice has been posted and mailed, may deliver the notice to the sheriff or constable for service in the manner set forth in subsection 1 of NRS 40.280. The sheriff or constable shall not accept the notice for service unless it is accompanied by written evidence, signed by the tenant when the tenant took possession of the premises, that the landlord or the landlord’s agent informed the tenant of the provisions of this section which set forth the lawful procedures for eviction from a short-term tenancy. Upon acceptance, the sheriff or constable shall serve the notice within 48 hours after the request for service was made by the landlord or the landlord’s agent.

      3.  A notice served pursuant to subsection 1 or 2 must:

      (a) Identify the court that has jurisdiction over the matter; and

      (b) Advise the tenant:

             (1) Of the tenant’s right to contest the matter by filing, within the time specified in subsection 1 for the payment of the rent or surrender of the premises, an affidavit with the court that has jurisdiction over the matter stating that the tenant has tendered payment or is not in default in the payment of the rent;

             (2) That if the court determines that the tenant is guilty of an unlawful detainer, the court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant, directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order; and

 


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tenant or an order providing for the nonadmittance of the tenant, directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order; and

             (3) That, pursuant to NRS 118A.390, a tenant may seek relief if a landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the tenant’s entry upon the premises or willfully interrupts or causes or permits the interruption of an essential service required by the rental agreement or chapter 118A of NRS.

      4.  If the tenant files such an affidavit at or before the time stated in the notice, the landlord or the landlord’s agent, after receipt of a file-stamped copy of the affidavit which was filed, shall not provide for the nonadmittance of the tenant to the premises by locking or otherwise.

      5.  Upon noncompliance with the notice:

      (a) The landlord or the landlord’s agent may apply by affidavit of complaint for eviction to the justice court of the township in which the dwelling, apartment, mobile home, recreational vehicle or commercial premises are located or to the district court of the county in which the dwelling, apartment, mobile home, recreational vehicle or commercial premises are located, whichever has jurisdiction over the matter. The court may thereupon issue an order directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order. The affidavit must state or contain:

             (1) The date the tenancy commenced.

             (2) The amount of periodic rent reserved.

             (3) The amounts of any cleaning, security or rent deposits paid in advance, in excess of the first month’s rent, by the tenant.

             (4) The date the rental payments became delinquent.

             (5) The length of time the tenant has remained in possession without paying rent.

             (6) The amount of rent claimed due and delinquent.

             (7) A statement that the written notice was served on the tenant in accordance with NRS 40.280.

             (8) A copy of the written notice served on the tenant.

             (9) A copy of the signed written rental agreement, if any.

      (b) Except when the tenant has timely filed the affidavit described in subsection 3 and a file-stamped copy of it has been received by the landlord or the landlord’s agent, and except when the landlord is prohibited pursuant to NRS 118A.480, the landlord or the landlord’s agent may, in a peaceable manner, provide for the nonadmittance of the tenant to the premises by locking or otherwise.

      6.  Upon the filing by the tenant of the affidavit permitted in subsection 3, regardless of the information contained in the affidavit, and the filing by the landlord of the affidavit permitted by subsection 5, the justice court or the district court shall hold a hearing, after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section. If the court determines that there is no legal defense as to the alleged unlawful detainer and the tenant is guilty of an unlawful detainer, the court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant. If the court determines that there is a legal defense as to the alleged unlawful detainer, the court shall refuse to grant either party any relief, and, except as otherwise provided in this subsection, shall require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive.

 


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conducted pursuant to NRS 40.290 to 40.420, inclusive. The issuance of a summary order for removal of the tenant does not preclude an action by the tenant for any damages or other relief to which the tenant may be entitled. If the alleged unlawful detainer was based upon subsection 5 of NRS 40.2514, the refusal by the court to grant relief does not preclude the landlord thereafter from pursuing an action for unlawful detainer in accordance with NRS 40.251.

      7.  The tenant may, upon payment of the appropriate fees relating to the filing and service of a motion, file a motion with the court, on a form provided by the clerk of the court, to dispute the amount of the costs, if any, claimed by the landlord pursuant to NRS 118A.460 or 118C.230 for the inventory, moving and storage of personal property left on the premises. The motion must be filed within 20 days after the summary order for removal of the tenant or the abandonment of the premises by the tenant, or within 20 days after:

      (a) The tenant has vacated or been removed from the premises; and

      (b) A copy of those charges has been requested by or provided to the tenant,

whichever is later.

      8.  Upon the filing of a motion pursuant to subsection 7, the court shall schedule a hearing on the motion. The hearing must be held within 10 days after the filing of the motion. The court shall affix the date of the hearing to the motion and order a copy served upon the landlord by the sheriff, constable or other process server. At the hearing, the court may:

      (a) Determine the costs, if any, claimed by the landlord pursuant to NRS 118A.460 or 118C.230 and any accumulating daily costs; and

      (b) Order the release of the tenant’s property upon the payment of the charges determined to be due or if no charges are determined to be due.

      9.  A landlord shall not refuse to accept rent from a tenant that is submitted after the landlord or the landlord’s agent has served or had served a notice pursuant to subsection 1 if the refusal is based on the fact that the tenant has not paid collection fees, attorney’s fees or other costs other than rent, a reasonable charge for late payments of rent or dishonored checks, or a security. As used in this subsection, “security” has the meaning ascribed to it in NRS 118A.240.

      10.  [This] Except as otherwise provided in section 18.7 of this act, this section does not apply to [the] :

      (a) The tenant of a mobile home lot in a mobile home park or to the tenant of a recreational vehicle lot in an area of a mobile home park in this State other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 8 of NRS 40.215.

      (b) A tenant who provides proof to the landlord that he or she is a federal worker, tribal worker, state worker or household member of such a worker during a shutdown.

      Sec. 10. NRS 40.426 is hereby amended to read as follows:

      40.426  As used in NRS 40.426 to 40.495, inclusive, and section 6 of this act, unless the context otherwise requires, the words and terms defined in NRS 40.427, 40.428 and 40.429 have the meanings ascribed to them in those sections.

      Sec. 11. NRS 107.480 is hereby amended to read as follows:

      107.480  1.  In addition to the requirements of NRS 40.439, 107.085 , [and] 107.086 [,] and section 6 of this act, the exercise of a trustee’s power of sale pursuant to NRS 107.080 with respect to a deed of trust securing a residential mortgage loan is subject to the provisions of NRS 107.400 to 107.560, inclusive.

 


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of sale pursuant to NRS 107.080 with respect to a deed of trust securing a residential mortgage loan is subject to the provisions of NRS 107.400 to 107.560, inclusive.

      2.  In addition to the requirements of NRS 40.430 to 40.4639, inclusive, and section 6 of this act, a civil action for a foreclosure sale pursuant to NRS 40.430 involving a failure to make a payment required by a residential mortgage loan is subject to the requirements of NRS 107.400 to 107.560, inclusive.

      Sec. 12. NRS 107.500 is hereby amended to read as follows:

      107.500  1.  At least 30 calendar days before recording a notice of default and election to sell pursuant to subsection 2 of NRS 107.080 or commencing a civil action for a foreclosure sale pursuant to NRS 40.430 involving a failure to make a payment required by a residential mortgage loan and at least 30 calendar days after the borrower’s default, the mortgage servicer, mortgagee or beneficiary of the deed of trust shall mail, by first-class mail, a notice addressed to the borrower at the borrower’s primary address as indicated in the records of the mortgage servicer, mortgagee or beneficiary of the deed of trust, which contains:

      (a) A statement that if the borrower is [a] :

             (1) A servicemember or a dependent of a servicemember, he or she may be entitled to certain protections under the federal Servicemembers Civil Relief Act, 50 U.S.C. งง 3901 et seq., and NRS 40.439 regarding the servicemember’s interest rate and the risk of foreclosure, and counseling for covered servicemembers that is available from Military OneSource and the United States Armed Forces Legal Assistance or any other similar agency.

             (2) A federal worker, tribal worker, state worker or a household member or landlord of such a worker, he or she may be entitled to certain protections under section 6 of this act.

      (b) A summary of the borrower’s account which sets forth:

             (1) The total amount of payment necessary to cure the default and reinstate the residential mortgage loan or to bring the residential mortgage loan into current status;

             (2) The amount of the principal obligation under the residential mortgage loan;

             (3) The date through which the borrower’s obligation under the residential mortgage loan is paid;

             (4) The date of the last payment by the borrower;

             (5) The current interest rate in effect for the residential mortgage loan, if the rate is effective for at least 30 calendar days;

             (6) The date on which the interest rate for the residential mortgage loan may next reset or adjust, unless the rate changes more frequently than once every 30 calendar days;

             (7) The amount of the prepayment fee charged under the residential mortgage loan, if any;

             (8) A description of any late payment fee charged under the residential mortgage loan;

             (9) A telephone number or electronic mail address that the borrower may use to obtain information concerning the residential mortgage loan; and

             (10) The names, addresses, telephone numbers and Internet website addresses of one or more counseling agencies or programs approved by the United States Department of Housing and Urban Development.

 


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      (c) A statement of the facts establishing the right of the mortgage servicer, mortgagee or beneficiary of the deed of trust to cause the trustee to exercise the trustee’s power of sale pursuant to NRS 107.080 or to commence a civil action for the recovery of any debt, or for the enforcement of any right, under a residential mortgage loan that is not barred by NRS 40.430.

      (d) A statement of the foreclosure prevention alternatives offered by, or through, the mortgage servicer, mortgagee or beneficiary of the deed of trust.

      (e) A statement that the borrower may request:

             (1) A copy of the borrower’s promissory note or other evidence of indebtedness;

             (2) A copy of the borrower’s mortgage or deed of trust;

             (3) A copy of any assignment, if applicable, of the borrower’s mortgage or deed of trust required to demonstrate the right of the mortgage servicer, mortgagee or beneficiary of the deed of trust to cause the trustee to exercise the trustee’s power of sale pursuant to NRS 107.080 or to commence a civil action for the recovery of any debt, or for the enforcement of any right, under a residential mortgage loan that is not barred by NRS 40.430; and

             (4) A copy of the borrower’s payment history since the borrower was last less than 60 calendar days past due.

      2.  Unless a borrower has exhausted the process described in NRS 107.520 and 107.530 for applying for a foreclosure prevention alternative offered by, or through, the mortgage servicer, mortgagee or beneficiary of the deed of the trust, not later than 5 business days after a notice of default and election to sell is recorded pursuant to subsection 2 of NRS 107.080 or a civil action for the recovery of any debt, or for the enforcement of any right, under a residential mortgage loan that is not barred by NRS 40.430 is commenced, the mortgage servicer, mortgagee or beneficiary of the deed of trust that offers one or more foreclosure prevention alternatives must send to the borrower a written statement:

      (a) That the borrower may be evaluated for a foreclosure prevention alternative or, if applicable, foreclosure prevention alternatives;

      (b) Whether a complete application is required to be submitted by the borrower if the borrower wants to be considered for a foreclosure prevention alternative; and

      (c) Of the means and process by which a borrower may obtain an application for a foreclosure prevention alternative.

      3.  As used in this section:

      (a) “Federal worker” has the meaning ascribed to it in section 3 of this act.

      (b) “Household member” has the meaning ascribed to it in section 3.25 of this act.

      (c) “State worker” has the meaning ascribed to it in section 5 of this act.

      (d) “Tribal worker” has the meaning ascribed to it in section 5.5 of this act.

      Sec. 13. Chapter 116 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Notwithstanding any other provision of law and except as otherwise provided in subsection 2 or ordered by a court of competent jurisdiction, if a unit’s owner or his or her successor in interest is a federal worker, tribal worker or state worker or, in accordance with subsection 3, a household member or landlord of a federal worker, tribal worker or state worker, an association shall not initiate the foreclosure of a lien by sale during the period commencing on the date on which a shutdown begins and ending on the date that is 90 days after the date on which the shutdown ends.

 


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household member or landlord of a federal worker, tribal worker or state worker, an association shall not initiate the foreclosure of a lien by sale during the period commencing on the date on which a shutdown begins and ending on the date that is 90 days after the date on which the shutdown ends.

      2.  The provisions of subsection 1 do not apply if a court determines that the ability of the federal worker, tribal worker, state worker, household member or landlord to comply with the terms of the obligation secured by the residential mortgage loan is not materially affected by the shutdown.

      3.  Upon application to the court, a household member or landlord of a federal worker, tribal worker or state worker is entitled to the protections provided to a federal worker, tribal worker or state worker pursuant to this section if the ability of the household member or landlord to make payments required by a lien of a unit-owners’ association is materially affected by the shutdown.

      4.  An association shall:

      (a) Inform each unit’s owner or his or her successor in interest that if the person is a federal worker, tribal worker, state worker, household member or landlord of such a worker, he or she may be entitled to certain protections pursuant to this section; and

      (b) Give the person the opportunity to provide any information required to enable the association to verify whether he or she is entitled to the protections set forth in this section.

      5.  Before an association takes any action pursuant to paragraph (a) of subsection 4 of NRS 116.31162, if information required to verify whether a unit’s owner or his or her successor in interest is entitled to the protections set forth in this section:

      (a) Has been provided to the association pursuant to subsection 4, the association must verify whether the person is entitled to the protections set forth in this section.

      (b) Has not been provided to the association pursuant to subsection 4, the association must make a good faith effort to verify whether the person is entitled to the protections set forth in this section.

      6.  Any person who knowingly initiates the foreclosure of a lien by sale in violation of this section:

      (a) Is guilty of a misdemeanor; and

      (b) May be liable for actual damages, reasonable attorney’s fees and costs incurred by the injured party.

      7.  In imposing liability pursuant to paragraph (b) of subsection 6, a court shall, when determining whether to reduce such liability, take into consideration any due diligence used by the person before he or she initiated the foreclosure of the lien by sale.

      8.  As used in this section:

      (a) “Federal worker” has the meaning ascribed to it in section 3 of this act.

      (b) “Good faith effort” means that an association acts honestly and fairly when trying to verify whether a unit’s owner or his or her successor in interest is entitled to the protections set forth in this section, as evidenced by the following actions:

             (1) The association informs the unit’s owner or his or her successor in interest of the information required pursuant to paragraph (a) of subsection 4;

 


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             (2) The association makes reasonable efforts to give the unit’s owner or his or her successor in interest the opportunity to provide any information required to enable the association to verify whether the person is entitled to the protections set forth in this section pursuant to paragraph (b) of subsection 4; and

             (3) The association makes reasonable efforts to utilize all resources available to the association to verify whether the unit’s owner or his or her successor in interest is a federal worker, tribal worker, state worker or household member or landlord of such a worker.

      (c) “Household member” has the meaning ascribed to it in section 3.25 of this act.

      (d) “Initiate the foreclosure of a lien by sale” means to take any action in furtherance of foreclosure of a lien by sale after taking the actions set forth in paragraph (a) of subsection 4 of NRS 116.31162.

      (e) “Shutdown” has the meaning ascribed to it in section 4 of this act.

      (f) “State worker” has the meaning ascribed to it in section 5 of this act.

      (g) “Tribal worker” has the meaning ascribed to it in section 5.5 of this act.

      Sec. 14. NRS 116.31162 is hereby amended to read as follows:

      116.31162  1.  Except as otherwise provided in subsection 5, 6 or 7, in a condominium, in a planned community, in a cooperative where the owner’s interest in a unit is real estate under NRS 116.1105, or in a cooperative where the owner’s interest in a unit is personal property under NRS 116.1105 and the declaration provides that a lien may be foreclosed under NRS 116.31162 to 116.31168, inclusive, and section 13 of this act, the association may foreclose its lien by sale after all of the following occur:

      (a) The association has mailed by certified or registered mail, return receipt requested, to the unit’s owner or his or her successor in interest, at his or her address, if known, and at the address of the unit or, if authorized by the parties, delivered by electronic transmission, a notice of delinquent assessment which states the amount of the assessments and other sums which are due in accordance with subsection 1 of NRS 116.3116, a description of the unit against which the lien is imposed and the name of the record owner of the unit.

      (b) Not less than 30 days after mailing or delivering by electronic transmission the notice of delinquent assessment pursuant to paragraph (a), the association or other person conducting the sale has executed and caused to be recorded, with the county recorder of the county in which the common-interest community or any part of it is situated, a notice of default and election to sell the unit to satisfy the lien which must contain the same information as the notice of delinquent assessment and which must also comply with the following:

             (1) Describe the deficiency in payment.

             (2) State the total amount of the deficiency in payment, with a separate statement of:

                   (I) The amount of the association’s lien that is prior to the first security interest on the unit pursuant to subsection 3 of NRS 116.3116 as of the date of the notice;

                   (II) The amount of the lien described in sub-subparagraph (I) that is attributable to assessments based on the periodic budget adopted by the association pursuant to NRS 116.3115 as of the date of the notice;

 


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                   (III) The amount of the lien described in sub-subparagraph (I) that is attributable to amounts described in NRS 116.310312 as of the date of the notice; and

                   (IV) The amount of the lien described in sub-subparagraph (I) that is attributable to the costs of enforcing the association’s lien as of the date of the notice.

             (3) State that:

                   (I) If the holder of the first security interest on the unit does not satisfy the amount of the association’s lien that is prior to that first security interest pursuant to subsection 3 of NRS 116.3116, the association may foreclose its lien by sale and that the sale may extinguish the first security interest as to the unit; and

                   (II) If, not later than 5 days before the date of the sale, the holder of the first security interest on the unit satisfies the amount of the association’s lien that is prior to that first security interest pursuant to subsection 3 of NRS 116.3116 and, not later than 2 days before the date of the sale, a record of such satisfaction is recorded in the office of the recorder of the county in which the unit is located, the association may foreclose its lien by sale but the sale may not extinguish the first security interest as to the unit.

             (4) State the name and address of the person authorized by the association to enforce the lien by sale.

             (5) Contain, in 14-point bold type, the following warning:

 

WARNING! IF YOU FAIL TO PAY THE AMOUNT SPECIFIED IN THIS NOTICE, YOU COULD LOSE YOUR HOME, EVEN IF THE AMOUNT IS IN DISPUTE!

 

      (c) The unit’s owner or his or her successor in interest has failed to pay the amount of the lien, including costs, fees and expenses incident to its enforcement, for 90 days following the recording of the notice of default and election to sell.

      (d) The unit’s owner or his or her successor in interest, or the holder of a recorded security interest on the unit, has, for a period which commences in the manner and subject to the requirements described in subsection 3 and which expires 5 days before the date of sale, failed to pay the assessments and other sums that are due to the association in accordance with subsection 1 of NRS 116.3116.

      (e) The association or other person conducting the sale has executed and caused to be recorded, with the county recorder of the county in which the common-interest community or any part of it is situated, an affidavit which states, based on the direct, personal knowledge of the affiant, the personal knowledge which the affiant acquired by a review of a trustee sale guarantee or a similar product or the personal knowledge which the affiant acquired by a review of the business records of the association or other person conducting the sale, which business records must meet the standards set forth in NRS 51.135, the following:

             (1) The name of each holder of a security interest on the unit to which the notice of default and election to sell and the notice of sale was mailed, as required by subsection 2 of NRS 116.31163 and paragraph (d) of subsection 1 of NRS 116.311635; and

 


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             (2) The address at which the notices were mailed to each such holder of a security interest.

      2.  The notice of default and election to sell must be signed by the person designated in the declaration or by the association for that purpose or, if no one is designated, by the president of the association.

      3.  The period of 90 days described in paragraph (c) of subsection 1 begins on the first day following:

      (a) The date on which the notice of default and election to sell is recorded; or

      (b) The date on which a copy of the notice of default and election to sell is mailed by certified or registered mail, return receipt requested or delivered by electronic transmission, as applicable, to the unit’s owner or his or her successor in interest at his or her address, if known, and at the address of the unit,

whichever date occurs later.

      4.  An association may not mail or deliver by electronic transmission to a unit’s owner or his or her successor in interest a letter of its intent to mail or deliver by electronic transmission a notice of delinquent assessment pursuant to paragraph (a) of subsection 1, mail or deliver by electronic transmission the notice of delinquent assessment or take any other action to collect a past due obligation from a unit’s owner or his or her successor in interest unless the association has complied with the provisions of subsections 4 and 5 of NRS 116.311625 and [:] subsections 4 and 5 of section 13 of this act and:

      (a) Not earlier than 60 days after the obligation becomes past due, the association mails to the address on file for the unit’s owner or, if authorized by the parties, delivers by electronic transmission:

             (1) A schedule of the fees that may be charged if the unit’s owner fails to pay the past due obligation;

             (2) A proposed repayment plan; and

             (3) A notice of the right to contest the past due obligation at a hearing before the executive board and the procedures for requesting such a hearing; and

      (b) Within 30 days after the date on which the information described in paragraph (a) is mailed or delivered by electronic transmission, as applicable, the past due obligation has not been paid in full or the unit’s owner or his or her successor in interest has not entered into a repayment plan or requested a hearing before the executive board. If the unit’s owner or his or her successor in interest requests a hearing or enters into a repayment plan within 30 days after the date on which the information described in paragraph (a) is mailed or delivered by electronic transmission, as applicable, and is unsuccessful at the hearing or fails to make a payment under the repayment plan within 10 days after the due date, the association may take any lawful action pursuant to subsection 1 to enforce its lien.

      5.  The association may not foreclose a lien by sale if the association has not mailed a copy of the notice of default and election to sell and a copy of the notice of sale to each holder of a security interest on the unit in the manner and subject to the requirements set forth in subsection 2 of NRS 116.31163 and paragraph (d) of subsection 1 of NRS 116.311635.

      6.  The association may not foreclose a lien by sale based on a fine or penalty for a violation of the governing documents of the association unless:

 


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      (a) The violation poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community; or

      (b) The penalty is imposed for failure to adhere to a schedule required pursuant to NRS 116.310305.

      7.  The association may not foreclose a lien by sale if the association has received notice pursuant to NRS 107.086 that the unit is subject to foreclosure mediation pursuant to that section, unless:

      (a) The trustee of record has recorded the certificate provided to the trustee pursuant to subparagraph (1) or (2) of paragraph (e) of subsection 2 of NRS 107.086; or

      (b) The unit’s owner has failed to pay to the association any amounts enforceable as assessments pursuant to subsection 1 of NRS 116.3116 that become due during the pendency of foreclosure mediation pursuant to NRS 107.086, other than past due obligations as described in subsection 11 of NRS 107.086.

      Sec. 15. Chapter 118A of NRS is hereby amended by adding thereto the provisions set forth as sections 16 to 18.7, inclusive, of this act.

      Sec. 16. “Federal worker” has the meaning ascribed to it in section 3 of this act.

      Sec. 17. “Shutdown” has the meaning ascribed to it in section 4 of this act.

      Sec. 18. “State worker” has the meaning ascribed to it in section 5 of this act.

      Sec. 18.5. “Tribal worker” has the meaning ascribed to it in section 5.5 of this act.

      Sec. 18.7. 1.  If a shutdown continues for a period of 30 days or more, the landlord may petition the court for relief from the requirements prescribed in subsection 4 of NRS 40.251 and subsection 2 of NRS 118A.310 on the basis that the requirements impose an undue hardship on the landlord. In determining whether to grant relief from these requirements, the court may consider, without limitation:

      (a) The mortgage on the property and the risk of foreclosure; and

      (b) Any additional financial responsibilities of the landlord, including, without limitation:

             (1) Child support or alimony;

             (2) Educational costs which must be paid by the landlord;

             (3) Motor vehicle payments, student loans, medical bills and payment plans; and

             (4) Any costs associated with the continued operation of a business of the landlord.

      2.  If the court grants relief pursuant to subsection 1:

      (a) The parties may modify the terms of the rental agreement; or

      (b) The landlord may terminate the rental agreement and commence eviction proceedings in accordance with the provisions of chapter 40 of NRS.

      Sec. 19. NRS 118A.020 is hereby amended to read as follows:

      118A.020  As used in this chapter, unless the context otherwise requires, the terms defined in NRS 118A.030 to 118A.170, inclusive, and sections 16 to 18.5, inclusive, of this act have the meanings ascribed to them in those sections.

 


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      Sec. 20. NRS 118A.310 is hereby amended to read as follows:

      118A.310  1.  A tenant shall, as basic obligations under this chapter:

      [1.  Comply]

      (a) Except as otherwise provided in subsection 2, comply with the terms of the rental agreement;

      [2.](b) Keep that part of the premises which is occupied and used as clean and safe as the condition of the premises permit;

      [3.](c) Dispose of all ashes, garbage, rubbish and other waste from the dwelling unit in a clean and safe manner;

      [4.](d) Keep all plumbing fixtures in the dwelling unit as clean as their condition permits;

      [5.](e) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, in the premises;

      [6.](f) Not deliberately or negligently render the premises uninhabitable or destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so; and

      [7.](g) Conduct himself or herself and require other persons on the premises with his or her consent to conduct themselves in a manner that will not disturb a neighbor’s peaceful enjoyment of the premises.

      2.  Except as otherwise provided in section 18.7 of this act:

      (a) Any term of a rental agreement requiring the payment of rent at a specified time pursuant to NRS 118A.210 is unenforceable against a tenant who is a federal worker, tribal worker, state worker or household member of such a worker during a shutdown. As used in this paragraph, “household member” has the meaning ascribed to it in section 3.25 of this act.

      (b) If the terms of a rental agreement require the payment of rent at a specified time, the landlord shall accept payment of rent for the period in which a federal or state agency or tribal government was experiencing a shutdown from such a tenant for a period not to exceed 30 days after the end of the shutdown.

      Sec. 21. NRS 118A.510 is hereby amended to read as follows:

      118A.510  1.  Except as otherwise provided in subsection 3, the landlord may not, in retaliation, terminate a tenancy, refuse to renew a tenancy, increase rent or decrease essential items or services required by the rental agreement or this chapter, or bring or threaten to bring an action for possession if:

      (a) The tenant has complained in good faith of a violation of a building, housing or health code applicable to the premises and affecting health or safety to a governmental agency charged with the responsibility for the enforcement of that code;

      (b) The tenant has complained in good faith to the landlord or a law enforcement agency of a violation of this chapter or of a specific statute that imposes a criminal penalty;

      (c) The tenant has organized or become a member of a tenant’s union or similar organization;

      (d) A citation has been issued resulting from a complaint described in paragraph (a);

 


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      (e) The tenant has instituted or defended against a judicial or administrative proceeding or arbitration in which the tenant raised an issue of compliance with the requirements of this chapter respecting the habitability of dwelling units;

      (f) The tenant has failed or refused to give written consent to a regulation adopted by the landlord, after the tenant enters into the rental agreement, which requires the landlord to wait until the appropriate time has elapsed before it is enforceable against the tenant;

      (g) The tenant has complained in good faith to the landlord, a government agency, an attorney, a fair housing agency or any other appropriate body of a violation of NRS 118.010 to 118.120, inclusive, or the Fair Housing Act of 1968, 42 U.S.C. งง 3601 et seq., or has otherwise exercised rights which are guaranteed or protected under those laws; [or]

      (h) The tenant or, if applicable, a cotenant or household member, is a victim of domestic violence, harassment, sexual assault or stalking or terminates a rental agreement pursuant to NRS 118A.345 [.] ; or

      (i) Except as otherwise provided in section 18.7 of this act, the tenant is a federal worker, tribal worker, state worker or household member of such a worker and the tenant pays rent during the time specified in subsection 2 of NRS 118A.310. As used in this paragraph, “household member” has the meaning ascribed to it in section 3.25 of this act.

      2.  If the landlord violates any provision of subsection 1, the tenant is entitled to the remedies provided in NRS 118A.390 and has a defense in any retaliatory action by the landlord for possession.

      3.  A landlord who acts under the circumstances described in subsection 1 does not violate that subsection if:

      (a) The violation of the applicable building, housing or health code of which the tenant complained was caused primarily by the lack of reasonable care by the tenant, a member of his or her household or other person on the premises with his or her consent;

      (b) The tenancy is terminated with cause;

      (c) A citation has been issued and compliance with the applicable building, housing or health code requires alteration, remodeling or demolition and cannot be accomplished unless the tenant’s dwelling unit is vacant; or

      (d) The increase in rent applies in a uniform manner to all tenants.

The maintenance of an action under this subsection does not prevent the tenant from seeking damages or injunctive relief for the landlord’s failure to comply with the rental agreement or maintain the dwelling unit in a habitable condition as required by this chapter.

      4.  As used in this section:

      (a) “Cotenant” has the meaning ascribed to it in NRS 118A.345.

      (b) “Domestic violence” has the meaning ascribed to it in NRS 118A.345.

      (c) “Harassment” means a violation of NRS 200.571.

      (d) “Household member” has the meaning ascribed to it in NRS 118A.345.

      (e) “Sexual assault” means a violation of NRS 200.366.

      (f) “Stalking” means a violation of NRS 200.575.

      Sec. 22. Chapter 118B of NRS is hereby amended by adding thereto the provisions set forth as sections 23 to 25.5, inclusive, of this act.

      Sec. 23. “Federal worker” has the meaning ascribed to it in section 3 of this act.

 


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      Sec. 23.5. “Household member” has the meaning ascribed to it in section 3.25 of this act.

      Sec. 24. “Shutdown” has the meaning ascribed to it in section 4 of this act.

      Sec. 25. “State worker” has the meaning ascribed to it in section 5 of this act.

      Sec. 25.5. “Tribal worker” has the meaning ascribed to it in section 5.5 of this act.

      Sec. 26. NRS 118B.140 is hereby amended to read as follows:

      118B.140  1.  Except as otherwise provided in subsection 2, the landlord or his or her agent or employee shall not:

      (a) Require a person to purchase a manufactured home from the landlord or any other person as a condition to renting a manufactured home lot to the purchaser or give an adjustment of rent or fees, or provide any other incentive to induce the purchase of a manufactured home from the landlord or any other person.

      (b) Charge or receive:

             (1) Any entrance or exit fee for assuming or leaving occupancy of a manufactured home lot.

             (2) Any transfer or selling fee or commission as a condition to permitting a tenant to sell his or her manufactured home or recreational vehicle within the manufactured home park, even if the manufactured home or recreational vehicle is to remain within the park, unless the landlord is licensed as a dealer of manufactured homes pursuant to NRS 489.311 and has acted as the tenant’s agent in the sale pursuant to a written contract.

             (3) Any fee for the tenant’s spouse or children.

             (4) Any fee for pets kept by a tenant in the park. If special facilities or services are provided, the landlord may also charge a fee reasonably related to the cost of maintenance of the facility or service and the number of pets kept in the facility.

             (5) Any additional service fee unless the landlord provides an additional service which is needed to protect the health and welfare of the tenants, and written notice advising each tenant of the additional fee is sent to the tenant 90 days in advance of the first payment to be made, and written notice of the additional fee is given to prospective tenants on or before commencement of their tenancy. A tenant may only be required to pay the additional service fee for the duration of the additional service.

             (6) Any fee for a late monthly rental payment within 4 days after the date the rental payment is due or which exceeds $5 for each day, excluding Saturdays, Sundays and legal holidays, which the payment is overdue, beginning on the day after the payment was due. Any fee for late payment of charges for utilities must be in accordance with the requirements prescribed by the Public Utilities Commission of Nevada.

             (7) Any fee for a late monthly rental payment by a federal worker, tribal worker, state worker or household member of such a worker during a shutdown.

             (8) Any fee, surcharge or rent increase to recover from his or her tenants the costs resulting from converting from a master-metered water system to individual water meters for each manufactured home lot.

             [(8)](9) Any fee, surcharge or rent increase to recover from his or her tenants any amount that exceeds the amount of the cost for a governmentally mandated service or tax that was paid by the landlord.

 


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      2.  Except for the provisions of subparagraphs (3), (4), (6) and [(8)] (9) of paragraph (b) of subsection 1, the provisions of this section do not apply to a corporate cooperative park.

      Sec. 27. NRS 118B.150 is hereby amended to read as follows:

      118B.150  1.  Except as otherwise provided in subsections 2 and 3, the landlord or his or her agent or employee shall not:

      (a) Increase rent or additional charges unless:

             (1) The rent charged after the increase is the same rent charged for manufactured homes of the same size or lots of the same size or of a similar location within the park, including, without limitation, manufactured homes and lots which are held pursuant to a long-term lease, except that a discount may be selectively given to persons who:

                   (I) Are handicapped;

                   (II) Are 55 years of age or older;

                   (III) Are long-term tenants of the park if the landlord has specified in the rental agreement or lease the period of tenancy required to qualify for such a discount;

                   (IV) Pay their rent in a timely manner; or

                   (V) Pay their rent by check, money order or electronic means;

             (2) Any increase in additional charges for special services is the same amount for each tenant using the special service; and

             (3) Written notice advising a tenant of the increase is received by the tenant 90 days before the first payment to be increased and written notice of the increase is given to prospective tenants before commencement of their tenancy. In addition to the notice provided to a tenant pursuant to this subparagraph, if the landlord or his or her agent or employee knows or reasonably should know that the tenant receives assistance from the Account, the landlord or his or her agent or employee shall provide to the Administrator written notice of the increase 90 days before the first payment to be increased.

      (b) Require a tenant to pay for an improvement to the common area of a manufactured home park unless the landlord is required to make the improvement pursuant to an ordinance of a local government.

      (c) Require a tenant to pay for a capital improvement to the manufactured home park unless the tenant has notice of the requirement at the time the tenant enters into the rental agreement. A tenant may not be required to pay for a capital improvement after the tenant enters into the rental agreement unless the tenant consents to it in writing or is given 60 days’ notice of the requirement in writing. The landlord may not establish such a requirement unless a meeting of the tenants is held to discuss the proposal and the landlord provides each tenant with notice of the proposal and the date, time and place of the meeting not less than 60 days before the meeting. The notice must include a copy of the proposal. A notice in a periodic publication of the park does not constitute notice for the purposes of this paragraph.

      (d) Require a tenant to pay the rent by check or money order.

      (e) Require a tenant who pays the rent in cash to apply any change to which the tenant is entitled to the next periodic payment that is due. The landlord or his or her agent or employee shall have an adequate amount of money available to provide change to such a tenant.

      (f) Prohibit or require fees or deposits for any meetings held in the park’s community or recreational facility by the tenants or occupants of any manufactured home or recreational vehicle in the park to discuss the park’s affairs, or any political meeting sponsored by a tenant, if the meetings are held at reasonable hours and when the facility is not otherwise in use, or prohibit the distribution of notices of those meetings.

 


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manufactured home or recreational vehicle in the park to discuss the park’s affairs, or any political meeting sponsored by a tenant, if the meetings are held at reasonable hours and when the facility is not otherwise in use, or prohibit the distribution of notices of those meetings.

      (g) Interrupt, with the intent to terminate occupancy, any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this paragraph is liable to the tenant for actual damages.

      (h) Prohibit a tenant from having guests, but the landlord may require the tenant to register the guest within 48 hours after his or her arrival, Sundays and legal holidays excluded, and if the park is a secured park, a guest may be required to register upon entering and leaving.

      (i) Charge a fee for a guest who does not stay with the tenant for more than a total of 60 days in a calendar year. The tenant of a manufactured home lot who is living alone may allow one other person to live in his or her home without paying an additional charge or fee, unless such a living arrangement constitutes a violation of chapter 315 of NRS. No agreement between a tenant and his or her guest alters or varies the terms of the rental contract between the tenant and the landlord, and the guest is subject to the rules and regulations of the landlord.

      (j) Prohibit a tenant from erecting a fence on the tenant’s lot if the fence complies with any standards for fences established by the landlord, including limitations established for the location and height of fences, the materials used for fences and the manner in which fences are to be constructed.

      (k) Prohibit any tenant from soliciting membership in any association which is formed by the tenants who live in the park. As used in this paragraph, “solicit” means to make an oral or written request for membership or the payment of dues or to distribute, circulate or post a notice for payment of those dues.

      (l) Prohibit a public officer, candidate for public office or the representative of a public officer or candidate for public office from walking through the park to talk with the tenants or distribute political material.

      (m) If a tenant has voluntarily assumed responsibility to trim the trees on his or her lot, require the tenant to trim any particular tree located on the lot or dispose of the trimmings unless a danger or hazard exists.

      (n) Charge a fee for a late monthly rental payment by a federal worker, tribal worker, state worker or household member of such a worker during a shutdown.

      2.  The landlord is entitled to require a security deposit from a tenant who wants to use the manufactured home park’s clubhouse, swimming pool or other park facilities for the tenant’s exclusive use. The landlord may require the deposit at least 1 week before the use. The landlord shall apply the deposit to costs which occur due to damage or cleanup from the tenant’s use within 1 week after the use, if any, and shall, on or before the eighth day after the use, refund any unused portion of the deposit to the tenant making the deposit. The landlord is not required to place such a deposit into a financial institution or to pay interest on the deposit.

      3.  The provisions of paragraphs (a), (b), (c), (j) and (m) of subsection 1 do not apply to a corporate cooperative park.

      4.  As used in this section, “long-term lease” means a rental agreement or lease the duration of which exceeds 12 months.

 


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      Sec. 28. NRS 118B.200 is hereby amended to read as follows:

      118B.200  1.  Notwithstanding the expiration of a period of a tenancy or service of a notice pursuant to subsection 1 of NRS 118B.190, the rental agreement described in NRS 118B.190 may not be terminated except on one or more of the following grounds:

      (a) [Failure] Except as otherwise provided in subsection 3, failure of the tenant to pay rent, utility charges or reasonable service fees within 10 days after written notice of delinquency served upon the tenant in the manner provided in NRS 40.280;

      (b) Failure of the tenant to correct any noncompliance with a law, ordinance or governmental regulation pertaining to manufactured homes or recreational vehicles or a valid rule or regulation established pursuant to NRS 118B.100 or to cure any violation of the rental agreement within a reasonable time after receiving written notification of noncompliance or violation;

      (c) Conduct of the tenant in the manufactured home park which constitutes an annoyance to other tenants;

      (d) Violation of valid rules of conduct, occupancy or use of park facilities after written notice of the violation is served upon the tenant in the manner provided in NRS 40.280;

      (e) A change in the use of the land by the landlord pursuant to NRS 118B.180;

      (f) Conduct of the tenant which constitutes a nuisance as defined in NRS 40.140 or which violates a state law or local ordinance, specifically including, without limitation:

             (1) Discharge of a weapon;

             (2) Prostitution;

             (3) Illegal drug manufacture or use;

             (4) Child molestation or abuse;

             (5) Elder molestation or abuse;

             (6) Property damage as a result of vandalism; and

             (7) Operating a motor vehicle while under the influence of alcohol or any other controlled substance; or

      (g) In a manufactured home park that is owned by a nonprofit organization or housing authority, failure of the tenant to meet qualifications relating to age or income which:

             (1) Are set forth in the lease signed by the tenant; and

             (2) Comply with federal, state and local law.

      2.  A tenant who is not a natural person and who has received three or more 10-day notices to surrender for failure to pay rent in the preceding 12-month period may have his or her tenancy terminated by the landlord for habitual failure to pay timely rent.

      3.  A rental agreement may not be terminated for failure of the tenant to pay rent if the tenant provides proof to the landlord that he or she is a federal worker, tribal worker, state worker or household member of such a worker during a shutdown.

      Sec. 29. NRS 118B.210 is hereby amended to read as follows:

      118B.210  1.  The landlord shall not terminate a tenancy, refuse to renew a tenancy, increase rent or decrease services the landlord normally supplies, or bring or threaten to bring an action for possession of a manufactured home lot as retaliation upon the tenant because:

 


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      (a) The tenant has complained in good faith about a violation of a building, safety or health code or regulation pertaining to a manufactured home park to the governmental agency responsible for enforcing the code or regulation.

      (b) The tenant has complained to the landlord concerning the maintenance, condition or operation of the park or a violation of any provision of NRS 118B.040 to 118B.220, inclusive, or 118B.240.

      (c) The tenant has organized or become a member of a tenants’ league or similar organization.

      (d) The tenant has requested the reduction in rent required by:

             (1) NRS 118.165 as a result of a reduction in property taxes.

             (2) NRS 118B.153 when a service, utility or amenity is decreased or eliminated by the landlord.

      (e) The tenant provides the proof required by subsection 3 of NRS 118B.200.

      (f) A citation has been issued to the landlord as the result of a complaint of the tenant.

      [(f)] (g) In a judicial proceeding or arbitration between the landlord and the tenant, an issue has been determined adversely to the landlord.

      2.  A landlord, manager or assistant manager of a manufactured home park shall not willfully harass a tenant.

      3.  A tenant shall not willfully harass a landlord, manager or assistant manager of a manufactured home park or an employee or agent of the landlord.

      4.  As used in this section, “harass” means to threaten or intimidate, through words or conduct, with the intent to affect the terms or conditions of a tenancy or a person’s exercise of his or her rights pursuant to this chapter.

      Sec. 30. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Notwithstanding any other provision of law and except as otherwise ordered by a court of competent jurisdiction, if a person liable on a security agreement provides proof that he or she is a federal worker, tribal worker, state worker or household member of such a worker and a shutdown is occurring or has occurred, a person shall not repossess or direct or authorize another person to repossess a vehicle of that person during the period commencing on the date on which a shutdown begins and ending on the date that is 30 days after the date on which the shutdown ends.

      2.  Any person who knowingly repossesses a vehicle or authorizes another person to repossess a vehicle in violation of this section:

      (a) Is guilty of a misdemeanor; and

      (b) May be liable for actual damages, reasonable attorney’s fees and costs incurred by the injured party.

      3.  In imposing liability pursuant to paragraph (b) of subsection 2, a court shall, when determining whether to reduce such liability, take into consideration any due diligence used by the person before he or she repossessed a vehicle or directed or authorized another person to repossess a vehicle.

      4.  As used in this section:

      (a) “Federal worker” has the meaning ascribed to it in section 3 of this act.

 


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      (b) “Household member” has the meaning ascribed to it in section 3.25 of this act.

      (c) “Shutdown” has the meaning ascribed to it in section 4 of this act.

      (d) “State worker” has the meaning ascribed to it in section 5 of this act.

      (e) “Tribal worker” has the meaning ascribed to it in section 5.5 of this act.

      Sec. 30.5. NRS 482.516 is hereby amended to read as follows:

      482.516  1.  Any provision in any security agreement for the sale or lease of a vehicle to the contrary notwithstanding, at least 10 days’ written notice of intent to sell or again lease a repossessed vehicle must be given to all persons liable on the security agreement. The notice must be given in person or sent by mail directed to the address of the persons shown on the security agreement, unless such persons have notified the holder in writing of a different address.

      2.  The notice:

      (a) Must inform such persons of the provisions of section 30 of this act;

      (b) Must set forth that there is a right to redeem the vehicle and the total amount required as of the date of the notice to redeem;

      [(b)](c) May inform such persons of their privilege of reinstatement of the security agreement, if the holder extends such a privilege;

      [(c)](d) Must give notice of the holder’s intent to resell or again lease the vehicle at the expiration of 10 days from the date of giving or mailing the notice;

      [(d)](e) Must disclose the place at which the vehicle will be returned to the buyer or lessee upon redemption or reinstatement; and

      [(e)](f) Must designate the name and address of the person to whom payment must be made.

      3.  During the period provided under the notice, the person or persons liable on the security agreement may pay in full the indebtedness evidenced by the security agreement. Such persons are liable for any deficiency after sale or lease of the repossessed vehicle only if the notice prescribed by this section is given within 60 days after repossession and includes an itemization of the balance and of any costs or fees for delinquency, collection or repossession. In addition, the notice must either set forth the computation or estimate of the amount of any credit for unearned finance charges or cancelled insurance as of the date of the notice or state that such a credit may be available against the amount due.

      Sec. 31. NRS 702.260 is hereby amended to read as follows:

      702.260  1.  Seventy-five percent of the money in the Fund must be distributed to the Division of Welfare and Supportive Services for programs to assist eligible households in paying for natural gas and electricity. The Division may use not more than 5 percent of the money distributed to it pursuant to this section for its administrative expenses.

      2.  Except as otherwise provided in NRS 702.150, after deduction for its administrative expenses, the Division may use the money distributed to it pursuant to this section only to:

      (a) Assist eligible households in paying for natural gas and electricity.

      (b) Carry out activities related to consumer outreach.

      (c) Pay for program design.

      (d) Pay for the annual evaluations conducted pursuant to NRS 702.280.

 


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      3.  Except as otherwise provided in [subsection 4,] subsections 4 and 5, to be eligible to receive assistance from the Division pursuant to this section, a household must have a household income that is not more than 150 percent of the federally designated level signifying poverty, as determined by the Division.

      4.  In addition to the persons eligible to receive assistance from the Division pursuant to subsection 3, a household that includes at least one federal worker, tribal worker or state worker is eligible for such assistance during a shutdown.

      5.  The Division is authorized to render emergency assistance to a household if an emergency related to the cost or availability of natural gas or electricity threatens the health or safety of one or more of the members of the household. Such emergency assistance may be rendered upon the good faith belief that the household is otherwise eligible to receive assistance pursuant to this section.

      [5.] 6.  Before July 1, 2002, if a household is eligible to receive assistance pursuant to this section, the Division shall determine the amount of assistance that the household will receive by using the existing formulas set forth in the state plan for low-income home energy assistance.

      [6.] 7.  On or after July 1, 2002, if a household is eligible to receive assistance pursuant to this section, the Division:

      (a) Shall, to the extent practicable, determine the amount of assistance that the household will receive by determining the amount of assistance that is sufficient to reduce the percentage of the household’s income that is spent on natural gas and electricity to the median percentage of household income spent on natural gas and electricity statewide.

      (b) May adjust the amount of assistance that the household will receive based upon such factors as:

             (1) The income of the household;

             (2) The size of the household;

             (3) The type of energy that the household uses; and

             (4) Any other factor which, in the determination of the Division, may make the household particularly vulnerable to increases in the cost of natural gas or electricity.

      [7.] 8.  The Division shall adopt regulations to carry out and enforce the provisions of this section and NRS 702.250.

      [8.] 9.  In carrying out the provisions of this section, the Division shall:

      (a) Solicit advice from the Housing Division and from other knowledgeable persons;

      (b) Identify and implement appropriate delivery systems to distribute money from the Fund and to provide other assistance pursuant to this section;

      (c) Coordinate with other federal, state and local agencies that provide energy assistance or conservation services to low-income persons and, to the extent allowed by federal law and to the extent practicable, use the same simplified application forms as those other agencies;

      (d) Establish a process for evaluating the programs conducted pursuant to this section;

      (e) Develop a process for making changes to such programs; and

      (f) Engage in annual planning and evaluation processes with the Housing Division as required by NRS 702.280.

      [9.] 10.  For the purposes of this section [, “eligible] :

 


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      (a) “Eligible household” includes, without limitation:

      [(a)](1) A tenant of a manufactured home park or mobile home park subject to the provisions of NRS 704.905 to 704.960, inclusive; and

      [(b)](2) A tenant who purchases electricity from a landlord as described in paragraph (c) of subsection 2 of NRS 702.090 based on the actual usage of electricity by the tenant.

      (b) “Federal worker” has the meaning ascribed to it in section 3 of this act.

      (c) “Shutdown” has the meaning ascribed to it in section 4 of this act.

      (d) “State worker” has the meaning ascribed to it in section 5 of this act.

      (e) “Tribal worker” has the meaning ascribed to it in section 5.5 of this act.

      Sec. 32.  The provisions of this act apply to any contract entered into:

      1.  Before the effective date of this act that remains in effect on the effective date of this act.

      2.  On and after the effective date of this act.

      Sec. 33.  This act becomes effective upon passage and approval.

________

CHAPTER 532, SB 366

Senate Bill No. 366–Senator Ratti

 

CHAPTER 532

 

[Approved: June 8, 2019]

 

AN ACT relating to dental care; establishing the profession of dental therapy governed by the Board of Dental Examiners of Nevada; revising provisions relating to dentistry and dental hygiene; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law contains provisions relating to dental hygienists and the practice of dental hygiene within chapter 631 of NRS, which relates to dentistry.

      Sections 58-68 of this bill establish the profession and practice of dental therapy in chapter 631 of NRS. Sections 69.5-96 of this bill revise various provisions of NRS to account for the addition of the profession of dental therapists and the practice of dental therapy.

 

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 1-57. (Deleted by amendment.)

      Sec. 58. Chapter 631 of NRS is hereby amended by adding thereto the provisions set forth as sections 59 to 68, inclusive, of this act.

      Sec. 59.  “Dental therapist” means any person who practices the profession of dental therapy and is licensed pursuant to this chapter.

      Sec. 60. “Dental therapy” means the performance of educational, preventative, therapeutic, palliative and restorative or surgical treatment of intraoral or extraoral procedures.

 


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      Sec. 60.2. 1.  Any person is eligible to apply for a license to practice dental therapy in this State who:

      (a) Is of good moral character;

      (b) Is over 18 years of age;

      (c) Is a graduate of a program of dental therapy from an institution which is accredited by a regional educational accrediting organization that is recognized by the United States Department of Education. The program of dental therapy must:

             (1) Be accredited by the Commission on Dental Accreditation of the American Dental Association or its successor specialty accrediting organization; and

             (2) Include a curriculum of not less than 2 years of academic instruction in dental therapy or its academic equivalent; and

      (d) Is in possession of a current special endorsement of his or her license pursuant to NRS 631.287 to practice public health dental hygiene.

      2.  To determine whether a person has good moral character, the Board may consider whether his or her license to practice dental therapy or dental hygiene in another state has been suspended or revoked or whether he or she is currently involved in any disciplinary action concerning his or her license in that state.

      Sec. 60.4. 1.  Any person desiring to obtain a license to practice dental therapy, after having complied with section 60.2 of this act and the regulations of the Board to determine eligibility:

      (a) Except as otherwise provided in NRS 622.090, must pass a written examination given by the Board upon such subjects as the Board deems necessary for the practice of dental therapy or must present a certificate granted by the Joint Commission on National Dental Examinations which contains a notation that the applicant has passed the applicable national examination with a score of at least 75; and

      (b) Except as otherwise provided in this chapter, must:

             (1) Successfully pass a clinical examination approved by the Board and the American Board of Dental Examiners; or

            (2) Present to the Board a certificate granted by the Western Regional Examining Board which contains a notation that the applicant has passed a clinical examination administered by the Western Regional Examining Board.

      2.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      3.  All persons who have satisfied the requirements for licensure as a dental therapist must be registered as licensed dental therapists on the board register, as provided in this chapter, and are entitled to receive a certificate of registration, signed by all members of the Board.

      Sec. 61. 1.  The holder of a license or renewal certificate to practice dental therapy may practice only in the settings provided in subsection 3, under the authorization of a dentist meeting the requirements of subsection 4 and in accordance with a written practice agreement signed by the dental therapist and the authorizing dentist. A dental therapist may provide only the services that are within his or her scope of practice, the scope of practice of the dentist, are authorized by the dentist, and are provided according to written protocols or standing orders established by the authorizing dentist. A dental therapist may not provide any services that are outside the scope of practice of the authorizing dentist. A dental therapist shall provide such services only under the direct supervision of the authorizing dentist until such time as the dental therapist has obtained the following hours of clinical practice as a dental therapist:

 


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therapist shall provide such services only under the direct supervision of the authorizing dentist until such time as the dental therapist has obtained the following hours of clinical practice as a dental therapist:

      (a) Not less than 500 hours, if the dental therapist has a license to practice dental therapy issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (b) Not less than 1,000 hours, if the dental therapist has practiced dental hygiene pursuant to the laws of this State, another state or territory of the United States, or the District of Columbia, for 5 years or more; or

      (c) Not less than 1,500 hours, if paragraphs (a) and (b) are not applicable.

      2.  A dental therapist may provide services to a patient who has not first seen a dentist for an examination if the authorizing dentist has given the dental therapist written authorization and standing protocols for the services and reviews the patient records as provided by the written practice agreement. The standing protocols may require the authorizing dentist to personally examine patients either face-to-face or by the use of electronic means.

      3.  The holder of a license or renewal certificate to practice dental therapy may practice only in the following settings:

      (a) A hospital, as defined in NRS 449.012.

      (b) A rural health clinic, as defined in 42 U.S.C. ง 1395x(aa)(2).

      (c) A health facility or agency, other than a hospital, that is reimbursed as a federally qualified health center as defined in 42 U.S.C. ง 1395x(aa)(4) or that has been determined by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services to meet the requirements to receive funding under section 330 of the Public Health Service Act, 42 U.S.C. ง 254b, as amended.

      (d) A federally qualified health center, as defined in 42 U.S.C. ง 1395x(aa)(4), that is licensed as a health facility or agency by the Department of Health and Human Services.

      (e) An outpatient health program or facility operated by a tribe or tribal organization under subchapter I of the Indian Self-Determination and Education Assistance Act, 25 U.S.C. งง 5321 to 5332, inclusive, as amended, or by an urban Indian organization receiving funds under Title V of the Indian Health Care Improvement Act, 25 U.S.C. งง 1651 to 1660h, inclusive, as amended.

      (f) A school-based health center as defined in NRS 41.495.

      (g) Any other clinic or practice setting, including, without limitation, a mobile dental unit, in which at least 50 percent of the total patient base of the dental therapist will consist of patients who:

             (1) Are enrolled in a health care program administered by the Department of Health and Human Services;

             (2) Have a medical disability or chronic condition that creates a significant barrier to receiving dental care; or

             (3) Do not have dental health coverage through a public health care program or private insurance and have a household income which is less than 200 percent of the federally designated level signifying poverty as provided in the most recent federal poverty guidelines published in the Federal Register by the United States Department of Health and Human Services.

 


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      4.  The holder of a license or renewal certificate to practice dental therapy may practice only under the authorization of a dentist who:

      (a) Holds an active license to practice dentistry in this State;

      (b) Maintains a location from which to practice dentistry; and

      (c) Actively practices dentistry in this State by treating patients.

      Sec. 62. The written practice agreement required pursuant to section 61 of this act between the authorizing dentist and a dental therapist must include:

      1.  The services and procedures and the practice settings for those services and procedures that the dental therapist may provide, together with any limitations on those services and procedures.

      2.  Any age-specific and procedure-specific practice protocols, including case selection criteria, assessment guidelines and imaging frequency.

      3.  Procedures to be used with patients treated by the dental therapist for informed consent and creating and maintaining dental records.

      4.  A plan for the monthly review of patient records by the authorizing dentist and dental therapist.

      5.  A plan for managing medical emergencies in each practice setting in which the dental therapist provides care.

      6.  A quality assurance plan for monitoring care, including patient care review, referral follow-up, and a quality assurance and chart review.

      7.  Protocols for administering and dispensing medications, including the specific circumstances under which medications may be administered and dispensed.

      8.  Criteria for providing care to patients with specific medical conditions or complex medical histories, including requirements for consultation before initiating care.

      9.  Specific written protocols, including a plan for providing clinical resources and referrals, governing situations in which the patient requires treatment that exceeds the dental therapist’s capabilities or the scope of practice as a dental therapist.

      10.  A requirement that when an appointment is made for a patient, it must be disclosed to the patient whether the patient is scheduled to see the dentist or a dental therapist.

      Sec. 62.5. An authorizing dentist may not simultaneously maintain written practice agreements required pursuant to section 61 of this act with more than four full-time or full-time equivalent dental therapists.

      Sec. 63. In accordance with the written practice agreement required pursuant to section 61 of this act:

      1.  The authorizing dentist shall arrange for another dentist or specialist to provide any services needed by a patient of a dental therapist that exceed the dental therapist’s capabilities or the authorized scope of practice of the dental therapist and that the authorizing dentist is unable to provide; and

      2.  A dental therapist shall refer patients to another qualified dental or health care professional to receive needed services that exceed the scope of practice of the dental therapist.

      Sec. 64. 1.  In accordance with the written practice agreement required pursuant to section 61 of this act, a dental therapist may perform the following acts:

 


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      (a) Expose radiographs.

      (b) Conduct an assessment of the oral health of the patient through medical and dental histories, radiographs, indices, risk assessments and intraoral and extraoral procedures that analyze and identify the oral health needs and problems of the patient.

      (c) After conducting an assessment pursuant to paragraph (b), develop a dental hygiene care plan to address the oral health needs and problems of the patient.

      (d) Take the following types of impressions:

             (1) Those used for the preparation of diagnostic models;

             (2) Those used for the fabrication of temporary crowns or bridges; and

             (3) Those used for the fabrication of temporary removable appliances, provided no missing teeth are replaced by those appliances.

      (e) Remove stains, deposits and accretions, including dental calculus.

      (f) Smooth the natural and restored surface of a tooth by using the procedures and instruments commonly used in oral prophylaxis, except that an abrasive stone, disc or bur may be used only to polish a restoration. As used in this paragraph, “oral prophylaxis” means the preventive dental procedure of scaling and polishing which includes the removal of calculus, soft deposits, plaques and stains and the smoothing of unattached tooth surfaces in order to create an environment in which hard and soft tissues can be maintained in good health by the patient.

      (g) Provide dental hygiene care that includes:

             (1) Implementation of a dental hygiene care plan to address the oral health needs and problems of patients pursuant to paragraph (c).

             (2) Evaluation of oral and periodontal health after the implementation of the dental hygiene care plan described in subparagraph (1) in order to identify the subsequent treatment, continued care and referral needs of the patient.

      (h) Perform subgingival curettage.

      (i) Remove sutures.

      (j) Place and remove a periodontal pack.

      (k) Remove excess cement from cemented restorations and orthodontic appliances. A dental therapist may not use a rotary cutting instrument to remove excess cement from restorations or orthodontic appliances.

      (l) Train and instruct persons in the techniques of oral hygiene and preventive procedures.

      (m) Recement and repair temporary crowns and bridges.

      (n) Recement permanent crowns and bridges with nonpermanent material as a palliative treatment.

      (o) Place a temporary restoration with nonpermanent material as a palliative treatment.

      (p) Administer local intraoral chemotherapeutic agents in any form except aerosol, including, but not limited to:

             (1) Antimicrobial agents;

             (2) Fluoride preparations;

             (3) Topical antibiotics;

             (4) Topical anesthetics; and

             (5) Topical desensitizing agents.

      (q) Apply pit and fissure sealant to the dentition for the prevention of decay.

 


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      2.  After performing any of the services set forth in subsection 1, the dental therapist shall refer the patient to the authorizing dentist for follow-up care or any necessary additional procedures that the dental therapist is not authorized to perform.

      Sec. 65. In accordance with the written practice agreement, a dental therapist may provide any of the following additional care or services:

      1.  Identifying oral and systemic conditions that require evaluation or treatment by dentists, physicians, or other health care professionals and managing referrals to such persons.

      2.  Providing oral health instruction and disease prevention education, including nutritional counseling and dietary analysis.

      3.  Dispensing and administering via the oral or topical route nonnarcotic analgesics and anti-inflammatory and antibiotic medications as prescribed by a health care professional.

      4.  Pulp and vitality testing.

      5.  Applying desensitizing medication or resin.

      6.  Fabricating mouth guards

      7.  Changing periodontal dressings.

      8.  Simple extraction of erupted primary teeth.

      9.  Emergency palliative treatment of dental pain related to a care or service described in this section.

      10.  Preparation and placement of direct restoration in primary and permanent teeth.

      11.  Fabrication and placement of single tooth temporary crowns.

      12.  Preparation and placement of preformed crowns on primary teeth.

      13.  Indirect and direct pulp capping on permanent teeth.

      14.  Suturing and suture removal.

      15.  Minor adjustments and repairs on removable prostheses.

      16.  Placement and removal of space maintainers.

      17.  Nonsurgical extractions of periodontally diseased permanent teeth with tooth mobility. However, a dental therapist shall not extract a tooth for any patient if the tooth is unerupted, impacted, or fractured or needs to be sectioned for removal.

      18.  Performing other related services and functions authorized and for which the dental therapist is trained.

      Sec. 66.  (Deleted by amendment.)

      Sec. 67. 1.  A dental therapist shall not prescribe a controlled substance that is included in schedules II, III, IV or V of the Uniform Controlled Substances Act.

      2.  A dental therapist may supervise dental assistants and dental hygienists to the extent permitted in a written practice agreement.

      Sec. 68. A dental therapist licensed to practice in this State must annually complete at least 18 hours of instruction in approved courses of continuing education or biennially complete at least 40 hours of instruction in approved courses of continuing education, as applicable, based on the renewal period set forth in NRS 631.330 for the type of license held by the dental therapist. Hours of instruction may not be transferred over from one licensing period to another.

      Sec. 69. (Deleted by amendment.)

 


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      Sec. 69.5. NRS 631.005 is hereby amended to read as follows:

      631.005  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 631.015 to 631.105, inclusive, and sections 59 and 60 of this act have the meanings ascribed to them in those sections.

      Sec. 70. NRS 631.130 is hereby amended to read as follows:

      631.130  1.  The Governor shall appoint:

      (a) Six members who are graduates of accredited dental schools or colleges, are residents of Nevada and have ethically engaged in the practice of dentistry in Nevada for a period of at least 5 years.

      (b) One member who has resided in Nevada for at least 5 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.

      (c) Three members who:

             (1) Are graduates of accredited schools or colleges of dental therapy or dental hygiene;

             (2) Are residents of Nevada; and

             (3) Have been actively engaged in the practice of dental therapy or dental hygiene in Nevada for a period of at least 5 years before their appointment to the Board.

      (d) One member who is a representative of the general public. This member must not be:

             (1) A dentist , dental therapist or [a] dental hygienist; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a dentist , dental therapist or [a] dental hygienist.

      2.  The members who are dental therapists or dental hygienists may vote on all matters but may not participate in grading any clinical examinations required by NRS 631.240 for the licensing of dentists.

      3.  If a member is not licensed under the provisions of this chapter, the member shall not participate in grading any examination required by the Board.

      Sec. 71. NRS 631.140 is hereby amended to read as follows:

      631.140  1.  The six members of the Board who are dentists, the member of the Board who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care, and the member of the Board who is a representative of the general public must be appointed from areas of the State as follows:

      (a) Three of those members must be from Carson City, Douglas County or Washoe County.

      (b) Four of those members must be from Clark County.

      (c) One of those members may be from any county of the State.

      2.  The three members of the Board who are dental therapists or dental hygienists must be appointed from areas of the State as follows:

      (a) One of those members must be from Carson City, Douglas County or Washoe County.

      (b) One of those members must be from Clark County.

      (c) One of those members may be from any county of the State.

      Sec. 72. NRS 631.170 is hereby amended to read as follows:

      631.170  1.  The Board shall meet whenever necessary to examine applicants. The dates of the examinations must be fixed by the Board. The Board may conduct examinations outside this State, and for this purpose may use the facilities of dental colleges.

 


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Board may conduct examinations outside this State, and for this purpose may use the facilities of dental colleges.

      2.  The Board may also meet at such other times and places and for such other purposes as it may deem proper.

      3.  A quorum consists of five members who are dentists and two members who are dental therapists or dental hygienists.

      Sec. 73. NRS 631.190 is hereby amended to read as follows:

      631.190  In addition to the powers and duties provided in this chapter, the Board shall:

      1.  Adopt rules and regulations necessary to carry out the provisions of this chapter.

      2.  Appoint such committees, review panels, examiners, officers, employees, agents, attorneys, investigators and other professional consultants and define their duties and incur such expense as it may deem proper or necessary to carry out the provisions of this chapter, the expense to be paid as provided in this chapter.

      3.  Fix the time and place for and conduct examinations for the granting of licenses to practice dentistry [and] , dental therapy or dental hygiene.

      4.  Examine applicants for licenses to practice dentistry , dental therapy and dental hygiene.

      5.  Collect and apply fees as provided in this chapter.

      6.  Keep a register of all dentists , dental therapists and dental hygienists licensed in this State, together with their addresses, license numbers and renewal certificate numbers.

      7.  Have and use a common seal.

      8.  Keep such records as may be necessary to report the acts and proceedings of the Board. Except as otherwise provided in NRS 631.368, the records must be open to public inspection.

      9.  Maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.

      10.  Have discretion to examine work authorizations in dental offices or dental laboratories.

      Sec. 73.5. NRS 631.205 is hereby amended to read as follows:

      631.205  1.  The Committee on Dental Hygiene and Dental Therapy is hereby created.

      2.  The Committee consists of:

      (a) The members of the Board who are dental therapists or dental hygienists; and

      (b) One dentist who is a member of the Board and who has supervised a dental therapist or dental hygienist for at least 3 years immediately preceding his or her appointment to the Committee by the Board.

      3.  The Committee:

      (a) May accept recommendations from dental therapists, dental hygienists, dentists and the general public and may meet to review such recommendations.

      (b) May make recommendations to the Board concerning:

             (1) The practice of dental therapy and dental hygiene; and

             (2) The licensing of dental therapists and dental hygienists, including, without limitation, requirements relating to the education, examination and discipline of dental therapists and dental hygienists.

      (c) Shall carry out any duties the Board may assign to the Committee.

 


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      Sec. 74. NRS 631.215 is hereby amended to read as follows:

      631.215  1.  Any person shall be deemed to be practicing dentistry who:

      (a) Uses words or any letters or title in connection with his or her name which in any way represents the person as engaged in the practice of dentistry, or any branch thereof;

      (b) Advertises or permits to be advertised by any medium that the person can or will attempt to perform dental operations of any kind;

      (c) Evaluates or diagnoses, professes to evaluate or diagnose or treats or professes to treat, surgically or nonsurgically, any of the diseases, disorders, conditions or lesions of the oral cavity, maxillofacial area or the adjacent and associated structures and their impact on the human body;

      (d) Extracts teeth;

      (e) Corrects malpositions of the teeth or jaws;

      (f) Takes impressions of the teeth, mouth or gums, unless the person is authorized by the regulations of the Board to engage in such activities without being a licensed dentist;

      (g) Examines a person for, or supplies artificial teeth as substitutes for natural teeth;

      (h) Places in the mouth and adjusts or alters artificial teeth;

      (i) Does any practice included in the clinical dental curricula of accredited dental colleges or a residency program for those colleges;

      (j) Administers or prescribes such remedies, medicinal or otherwise, as are needed in the treatment of dental or oral diseases;

      (k) Uses X-ray radiation or laser radiation for dental treatment or dental diagnostic purposes, unless the person is authorized by the regulations of the Board to engage in such activities without being a licensed dentist;

      (l) Determines:

             (1) Whether a particular treatment is necessary or advisable; or

             (2) Which particular treatment is necessary or advisable; or

      (m) Dispenses tooth whitening agents or undertakes to whiten or bleach teeth by any means or method, unless the person is:

             (1) Dispensing or using a product that may be purchased over the counter for a person’s own use; or

             (2) Authorized by the regulations of the Board to engage in such activities without being a licensed dentist.

      2.  Nothing in this section:

      (a) Prevents a dental assistant, dental therapist, dental hygienist or qualified technician from making radiograms or X-ray exposures [or using X-ray radiation or laser radiation] for dental treatment or dental diagnostic purposes upon the direction of a licensed dentist.

      (b) Prevents a dental therapist or dental hygienist from administering local anesthesia for pain management during treatment or using X-ray radiation or laser radiation for dental treatment or dental diagnostic purposes, upon authorization of a licensed dentist.

      (c) Prohibits the performance of mechanical work, on inanimate objects only, by any person employed in or operating a dental laboratory upon the written work authorization of a licensed dentist.

      [(c)] (d) Prevents students from performing dental procedures that are part of the curricula of an accredited dental school or college or an accredited school of dental hygiene or an accredited school of dental therapy or an accredited school of dental assisting.

 


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      [(d)] (e) Prevents a licensed dentist or dental hygienist from another state or country from appearing as a clinician for demonstrating certain methods of technical procedures before a dental society or organization, convention or dental college or an accredited school of dental hygiene or an accredited school of dental assisting.

      [(e)] (f) Prohibits the manufacturing of artificial teeth upon receipt of a written authorization from a licensed dentist if the manufacturing does not require direct contact with the patient.

      [(f)] (g) Prohibits the following entities from owning or operating a dental office or clinic if the entity complies with the provisions of NRS 631.3452:

             (1) A nonprofit corporation organized pursuant to the provisions of chapter 82 of NRS to provide dental services to rural areas and medically underserved populations of migrant or homeless persons or persons in rural communities pursuant to the provisions of 42 U.S.C. ง 254b or 254c.

             (2) A federally-qualified health center as defined in 42 U.S.C. ง 1396d(l)(2)(B) operating in compliance with other applicable state and federal law.

             (3) A nonprofit charitable corporation as described in section 501(c)(3) of the Internal Revenue Code and determined by the Board to be providing dental services by volunteer licensed dentists at no charge or at a substantially reduced charge to populations with limited access to dental care.

      [(g)] (h) Prevents a person who is actively licensed as a dentist in another jurisdiction from treating a patient if:

             (1) The patient has previously been treated by the dentist in the jurisdiction in which the dentist is licensed;

             (2) The dentist treats the patient only during a course of continuing education involving live patients which:

                   (I) Is conducted at an institute or organization with a permanent facility registered with the Board for the sole purpose of providing postgraduate continuing education in dentistry; and

                   (II) Meets all applicable requirements for approval as a course of continuing education; and

             (3) The dentist treats the patient only under the supervision of a person licensed pursuant to NRS 631.2715.

      [(h)] (i) Prohibits a person from providing goods or services for the support of the business of a dental practice, office or clinic owned or operated by a licensed dentist or any entity not prohibited from owning or operating a dental practice, office or clinic if the person does not:

             (1) Provide such goods or services in exchange for payments based on a percentage or share of revenues or profits of the dental practice, office or clinic; or

             (2) Exercise any authority or control over the clinical practice of dentistry.

      3.  The Board shall adopt regulations identifying activities that constitute the exercise of authority or control over the clinical practice of dentistry, including, without limitation, activities which:

      (a) Exert authority or control over the clinical judgment of a licensed dentist; or

      (b) Relieve a licensed dentist of responsibility for the clinical aspects of the dental practice.

 


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Such regulations must not prohibit or regulate aspects of the business relationship, other than the clinical practice of dentistry, between a licensed dentist or professional entity organized pursuant to the provisions of chapter 89 of NRS and the person or entity providing goods or services for the support of the business of a dental practice, office or clinic owned or operated by the licensed dentist or professional entity.

      Sec. 75. NRS 631.220 is hereby amended to read as follows:

      631.220  1.  Every applicant for a license to practice dental hygiene , dental therapy or dentistry, or any of its special branches, must:

      (a) File an application with the Board.

      (b) Accompany the application with a recent photograph of the applicant together with the required fee and such other documentation as the Board may require by regulation.

      (c) Submit with the application a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (d) If the applicant is required to take an examination pursuant to NRS 631.240 or 631.300, submit with the application proof satisfactory that the applicant passed the examination.

      2.  An application must include all information required to complete the application.

      3.  The Secretary-Treasurer may, in accordance with regulations adopted by the Board and if the Secretary-Treasurer determines that an application is:

      (a) Sufficient, advise the Executive Director of the sufficiency of the application. Upon the advice of the Secretary-Treasurer, the Executive Director may issue a license to the applicant without further review by the Board.

      (b) Insufficient, reject the application by sending written notice of the rejection to the applicant.

      Sec. 76. NRS 631.225 is hereby amended to read as follows:

      631.225  1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license to practice dentistry , [or] dental hygiene or dental therapy shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license to practice dentistry , [or] dental hygiene or dental therapy shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Board.

      3.  A license to practice dentistry , [or] dental hygiene or dental therapy may not be issued or renewed by the Board if the applicant:

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

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

 


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compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

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

      Sec. 77. NRS 631.260 is hereby amended to read as follows:

      631.260  Except as otherwise provided in subsection 3 of NRS 631.220, as soon as possible after the examination has been given, the Board, under rules and regulations adopted by it, shall determine the qualifications of the applicant and shall issue to each person found by the Board to have the qualifications therefor a license which will entitle the person to practice dental hygiene , dental therapy or dentistry, or any special branch of dentistry, as in such license defined, subject to the provisions of this chapter.

      Sec. 78. NRS 631.271 is hereby amended to read as follows:

      631.271  1.  The Board shall, without a clinical examination required by NRS 631.240 or 631.300, issue a limited license to practice dentistry , [or] dental hygiene or dental therapy to a person who:

      (a) Is qualified for a license to practice dentistry , [or] dental hygiene or dental therapy in this State;

      (b) Pays the required application fee;

      (c) Has entered into a contract with:

             (1) The Nevada System of Higher Education to provide services as a dental intern, dental resident or instructor of dentistry , [or] dental hygiene or dental therapy at an educational or outpatient clinic, hospital or other facility of the Nevada System of Higher Education; or

             (2) An accredited program of dentistry , [or] dental hygiene or dental therapy of an institution which is accredited by a regional educational accrediting organization that is recognized by the United States Department of Education to provide services as a dental intern, dental resident or instructor of dentistry , [or] dental hygiene or dental therapy at an educational or outpatient clinic, hospital or other facility of the institution and accredited by the Commission on Dental Accreditation of the American Dental Association or its successor specialty accrediting organization;

      (d) Satisfies the requirements of NRS 631.230 or 631.290, as appropriate; and

      (e) Satisfies at least one of the following requirements:

             (1) Has a license to practice dentistry , [or] dental hygiene or dental therapy issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

             (2) Presents to the Board a certificate granted by the Western Regional Examining Board which contains a notation that the person has passed, within the 5 years immediately preceding the date of the application, a clinical examination administered by the Western Regional Examining Board;

             (3) Successfully passes a clinical examination approved by the Board and the American Board of Dental Examiners; or

 


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             (4) Has the educational or outpatient clinic, hospital or other facility where the person will provide services as a dental intern or dental resident in an internship or residency program submit to the Board written confirmation that the person has been appointed to a position in the program and is a citizen of the United States or is lawfully entitled to remain and work in the United States. If a person qualifies for a limited license pursuant to this subparagraph, the limited license remains valid only while the person is actively providing services as a dental intern or dental resident in the internship or residency program, is lawfully entitled to remain and work in the United States and is in compliance with all other requirements for the limited license.

      2.  The Board shall not issue a limited license to a person:

      (a) Who has been issued a license to practice dentistry , [or] dental hygiene or dental therapy if:

             (1) The person is involved in a disciplinary action concerning the license; or

             (2) The license has been revoked or suspended; or

      (b) Who has been refused a license to practice dentistry , dental therapy or dental hygiene,

in this State, another state or territory of the United States, or the District of Columbia.

      3.  Except as otherwise provided in subsection 4, a person to whom a limited license is issued pursuant to subsection 1:

      (a) May practice dentistry , [or] dental hygiene or dental therapy in this State only:

             (1) At the educational or outpatient clinic, hospital or other facility where the person is employed; and

             (2) In accordance with the contract required by paragraph (c) of subsection 1.

      (b) Shall not, for the duration of the limited license, engage in the private practice of dentistry , [or] dental hygiene or dental therapy in this State or accept compensation for the practice of dentistry , [or] dental hygiene or dental therapy except such compensation as may be paid to the person by the Nevada System of Higher Education or an accredited program of dentistry , [or] dental hygiene or dental therapy for services provided as a dental intern, dental resident or instructor of dentistry , [or] dental hygiene or dental therapy pursuant to paragraph (c) of subsection 1.

      4.  The Board may issue a permit authorizing a person who holds a limited license to engage in the practice of dentistry , [or] dental hygiene or dental therapy in this State and to accept compensation for such practice as may be paid to the person by entities other than the Nevada System of Higher Education or an accredited program of dentistry , [or] dental hygiene or dental therapy with whom the person is under contract pursuant to paragraph (c) of subsection 1. The Board shall, by regulation, prescribe the standards, conditions and other requirements for the issuance of a permit.

      5.  A limited license expires 1 year after its date of issuance and may be renewed on or before the date of its expiration, unless the holder no longer satisfies the requirements for the limited license. The holder of a limited license may, upon compliance with the applicable requirements set forth in NRS 631.330 and the completion of a review conducted at the discretion of the Board, be granted a renewal certificate that authorizes the continuation of practice pursuant to the limited license for 1 year.

 


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      6.  A permit issued pursuant to subsection 4 expires on the date that the holder’s limited license expires and may be renewed when the limited license is renewed, unless the holder no longer satisfies the requirements for the permit.

      7.  Within 7 days after the termination of a contract required by paragraph (c) of subsection 1, the holder of a limited license shall notify the Board of the termination, in writing, and surrender the limited license and a permit issued pursuant to this section, if any, to the Board.

      8.  The Board may revoke a limited license and a permit issued pursuant to this section, if any, at any time if the Board finds, by a preponderance of the evidence, that the holder of the license violated any provision of this chapter or the regulations of the Board.

      Sec. 79. NRS 631.273 is hereby amended to read as follows:

      631.273  1.  Except as otherwise provided in this section, the Board shall, without a clinical examination required by [NRS 631.300,] section 60.4 of this act, issue a temporary license to practice dental [hygiene] therapy to a person who:

      (a) Has a license to practice dental [hygiene] therapy issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (b) Satisfies the requirements of [NRS 631.290;] section 60.2 of this act;

      (c) Has practiced dental [hygiene] therapy pursuant to the laws of another state or territory of the United States, or the District of Columbia, for at least 5 years immediately preceding the date that the person applies for a temporary license;

      (d) Has not had a license to practice dental hygiene or dental therapy revoked or suspended in this State, another state or territory of the United States, or the District of Columbia;

      (e) Has not been denied a license to practice dental hygiene or dental therapy in this State, another state or territory of the United States, or the District of Columbia;

      (f) Is not involved in or does not have pending a disciplinary action concerning a license to practice dental hygiene or dental therapy in this State, another state or territory of the United States, or the District of Columbia;

      (g) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to [NRS 631.300;] section 60.4 of this act; and

      (h) Submits all information required to complete an application for a license.

      2.  A person to whom a temporary license is issued pursuant to this section may:

      (a) Practice dental [hygiene] therapy for the duration of the temporary license; and

      (b) Apply for a permanent license to practice dental [hygiene] therapy without a clinical examination required by [NRS 631.300] section 60.4 of this act if the person has held a temporary license to practice dental [hygiene] therapy issued pursuant to this section for at least 2 years.

      3.  The Board shall examine each applicant in writing concerning the contents and interpretation of this chapter and the regulations of the Board.

 


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      4.  The Board shall not, on or after July 1, [2006,] 2021, issue any additional temporary licenses to practice dental [hygiene] therapy pursuant to this section.

      5.  Any person who, on July 1, [2006,] 2021, holds a temporary license to practice dental [hygiene] therapy issued pursuant to this section may, subject to the regulatory and disciplinary authority of the Board, practice dental [hygiene] therapy under the temporary license until [December 31, 2008,] July 1, 2023, or until the person is qualified to apply for and is issued or denied a permanent license to practice dental [hygiene] therapy in accordance with this section, whichever period is shorter.

      6.  The Board may revoke a temporary license at any time if the Board finds, by a preponderance of the evidence, that the holder of the license violated any provision of this chapter or the regulations of the Board.

      Sec. 80. NRS 631.274 is hereby amended to read as follows:

      631.274  1.  The Board shall, without a clinical examination required by NRS 631.240 or 631.300, or section 60.4 of this act, issue a restricted geographical license to practice dentistry , [or] dental hygiene or dental therapy to a person if the person meets the requirements of subsection 2 and:

      (a) A board of county commissioners submits a request that the Board of Dental Examiners of Nevada waive the requirements of NRS 631.240 or 631.300 or section 60.4 of this act for any applicant intending to practice dentistry , [or] dental hygiene or dental therapy in a rural area of a county in which dental , [or] dental hygiene or dental therapy needs are underserved as that term is defined by the officer of rural health of the University of Nevada School of Medicine;

      (b) Two or more boards of county commissioners submit a joint request that the Board of Dental Examiners of Nevada waive the requirements of NRS 631.240 or 631.300 or section 60.4 of this act for any applicant intending to practice dentistry , [or] dental hygiene or dental therapy in one or more rural areas within those counties in which dental , [or] dental hygiene or dental therapy needs are underserved as that term is defined by the officer of rural health of the University of Nevada School of Medicine; or

      (c) The director of a federally qualified health center or a nonprofit clinic submits a request that the Board waive the requirements of NRS 631.240 or 631.300 or section 60.4 of this act for any applicant who has entered into a contract with a federally qualified health center or nonprofit clinic which treats underserved populations in Washoe County or Clark County.

      2.  A person may apply for a restricted geographical license if the person:

      (a) Has a license to practice dentistry , [or] dental hygiene or dental therapy issued pursuant to the laws of another state or territory of the United States, or the District of Columbia;

      (b) Is otherwise qualified for a license to practice dentistry , [or] dental hygiene or dental therapy in this State;

      (c) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240 or 631.300 [;] or section 60.4 of this act;

      (d) Submits all information required to complete an application for a license; and

      (e) Satisfies the requirements of NRS 631.230. or 631.290, or section 60.2 of this act, as appropriate.

 


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      3.  The Board shall not issue a restricted geographical license to a person:

      (a) Whose license to practice dentistry , [or] dental hygiene or dental therapy has been revoked or suspended;

      (b) Who has been refused a license to practice dentistry , dental therapy or dental hygiene; or

      (c) Who is involved in or has pending a disciplinary action concerning a license to practice dentistry , [or] dental hygiene [,] or dental therapy,

in this State, another state or territory of the United States, or the District of Columbia.

      4.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      5.  A person to whom a restricted geographical license is issued pursuant to this section:

      (a) May practice dentistry , [or] dental hygiene or dental therapy only in the county or counties which requested the restricted geographical licensure pursuant to paragraph (a) or (b) of subsection 1.

      (b) Shall not, for the duration of the restricted geographical license, engage in the private practice of dentistry , [or] dental hygiene or dental therapy in this State or accept compensation for the practice of dentistry , [or] dental hygiene or dental therapy except such compensation as may be paid to the person by a federally qualified health center or nonprofit clinic pursuant to paragraph (c) of subsection 1.

      6.  Within 7 days after the termination of a contract pursuant to paragraph (c) of subsection 1, the holder of a restricted geographical license shall notify the Board of the termination, in writing, and surrender the restricted geographical license.

      7.  A person to whom a restricted geographical license was issued pursuant to this section may petition the Board for an unrestricted license without a clinical examination required by NRS 631.240 or 631.300 or section 60.4 of this act if the person:

      (a) Has not had a license to practice dentistry , [or] dental hygiene or dental therapy revoked or suspended in this State, another state or territory of the United States, or the District of Columbia;

      (b) Has not been refused a license to practice dentistry , dental therapy or dental hygiene in this State, another state or territory of the United States, or the District of Columbia;

      (c) Is not involved in or does not have pending a disciplinary action concerning a license to practice dentistry , [or] dental hygiene or dental therapy in this State, another state or territory of the United States, or the District of Columbia; and

      (d) Has:

             (1) Actively practiced dentistry , [or] dental hygiene or dental therapy for 3 years at a minimum of 30 hours per week in the county or counties which requested the restricted geographical licensure pursuant to paragraph (a) or (b) of subsection 1; or

             (2) Been under contract with a federally qualified health center or nonprofit clinic for a minimum of 3 years.

      8.  The Board may revoke a restricted geographical license at any time if the Board finds, by a preponderance of the evidence, that the holder of the license violated any provision of this chapter or the regulations of the Board.

      Secs. 81 and 82. (Deleted by amendment.)

 


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      Sec. 83. NRS 631.313 is hereby amended to read as follows:

      631.313  1.  Except as otherwise provided in NRS 454.217 and 629.086, a licensed dentist may assign to a person in his or her employ who is a dental hygienist, dental therapist, dental assistant or other person directly or indirectly involved in the provision of dental care only such intraoral tasks as may be permitted by a regulation of the Board or by the provisions of this chapter.

      2.  The performance of these tasks must be:

      (a) If performed by a dental assistant or a person, other than a dental therapist or dental hygienist, who is directly or indirectly involved in the provision of dental care, under the supervision of the licensed dentist who made the assignment.

      (b) If performed by a dental therapist or dental hygienist, authorized by the licensed dentist of the patient for whom the tasks will be performed, except as otherwise provided in NRS 631.287 . [section 27 of this act.]

      3.  No such assignment is permitted that requires:

      (a) The diagnosis, treatment planning, prescribing of drugs or medicaments, or authorizing the use of restorative, prosthodontic or orthodontic appliances.

      (b) Surgery on hard or soft tissues within the oral cavity or any other intraoral procedure that may contribute to or result in an irremediable alteration of the oral anatomy.

      (c) The administration of general anesthesia, minimal sedation, moderate sedation or deep sedation except as otherwise authorized by regulations adopted by the Board.

      (d) The performance of a task outside the authorized scope of practice of the employee who is being assigned the task.

      4.  A dental hygienist may, pursuant to regulations adopted by the Board, administer local anesthesia or nitrous oxide in a health care facility, as defined in NRS 162A.740, if:

      (a) The dental hygienist is so authorized by the licensed dentist of the patient to whom the local anesthesia or nitrous oxide is administered; and

      (b) The health care facility has licensed medical personnel and necessary emergency supplies and equipment available when the local anesthesia or nitrous oxide is administered.

      Sec. 84. NRS 631.317 is hereby amended to read as follows:

      631.317  The Board shall adopt rules or regulations:

      1.  Specifying the intraoral tasks that may be assigned by a licensed dentist to a dental therapist, dental hygienist or dental assistant in his or her employ or that may be performed by a dental hygienist or dental therapist engaged in school health activities or employed by a public health agency.

      2.  Governing the practice of dentists , [and] dental hygienists and dental therapists in full-time employment with the State of Nevada.

      Sec. 85. NRS 631.330 is hereby amended to read as follows:

      631.330  1.  Licenses issued pursuant to NRS 631.271, 631.2715 and 631.275 must be renewed annually. All other licenses must be renewed biennially.

      2.  Except as otherwise provided in NRS 631.271, 631.2715 and 631.275:

      (a) Each holder of a license to practice dentistry , [or] dental hygiene or dental therapy must, upon:

 


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             (1) Payment of the required fee;

             (2) Submission of proof of completion of the required continuing education; and

             (3) Submission of all information required to complete the renewal,

be granted a renewal certificate which will authorize continuation of the practice for 2 years.

      (b) A licensee must comply with the provisions of this subsection and subsection 1 on or before June 30. Failure to comply with those provisions by June 30 every 2 years automatically suspends the license, and it may be reinstated only upon payment of the fee for reinstatement and compliance with the requirements of this subsection.

      3.  If a license suspended pursuant to this section is not reinstated within 12 months after suspension, it is automatically revoked.

      Sec. 86. NRS 631.340 is hereby amended to read as follows:

      631.340  1.  Any person who has obtained from the Board a license certificate to practice dental hygiene , dental therapy or dentistry or any special branch of dentistry in this State, and who fails to obtain a renewal certificate, must, before resuming the practice in which he or she was licensed, make application to the Secretary-Treasurer, under such rules as the Board may prescribe, for the restoration of the license to practice.

      2.  Upon application being made, the Secretary-Treasurer shall determine whether the applicant possesses the qualifications prescribed for the granting of a license to practice in his or her particular profession, and whether the applicant continues to possess a good moral character and is not otherwise disqualified to practice in this State. If the Secretary-Treasurer so determines, the Secretary-Treasurer shall thereupon issue the license, and thereafter the person may make application annually for a renewal certificate, as provided in this chapter.

      Sec. 87. NRS 631.342 is hereby amended to read as follows:

      631.342  1.  The Board shall adopt regulations concerning continuing education in dentistry , [and] dental hygiene [.] and dental therapy. The regulations must include:

      (a) [The] Except as provided in section 68 of this act, the number of hours of credit required annually;

      (b) The criteria used to accredit each course; and

      (c) The requirements for submission of proof of attendance at courses.

      2.  Except as otherwise provided in subsection 3, as part of continuing education, each licensee must complete a course of instruction, within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

      (a) An overview of acts of terrorism and weapons of mass destruction;

      (b) Personal protective equipment required for acts of terrorism;

      (c) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

      (d) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

      (e) An overview of the information available on, and the use of, the Health Alert Network.

 


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      3.  Instead of the course described in subsection 2, a licensee may complete:

      (a) A course in Basic Disaster Life Support or a course in Core Disaster Life Support if the course is offered by a provider of continuing education accredited by the National Disaster Life Support Foundation; or

      (b) Any other course that the Board determines to be the equivalent of a course specified in paragraph (a).

      4.  Notwithstanding the provisions of subsections 2 and 3, the Board may determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.

      5.  As used in this section:

      (a) “Act of terrorism” has the meaning ascribed to it in NRS 202.4415.

      (b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

      (c) “Chemical agent” has the meaning ascribed to it in NRS 202.4425.

      (d) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437.

      (e) “Weapon of mass destruction” has the meaning ascribed to it in NRS 202.4445.

      Sec. 88. NRS 631.345 is hereby amended to read as follows:

      631.345  1.  Except as otherwise provided in NRS 631.2715, the Board shall by regulation establish fees for the performance of the duties imposed upon it by this chapter which must not exceed the following amounts:

 

Application fee for an initial license to practice dentistry.............. $1,500

Application fee for an initial license to practice dental hygiene........ 750

Application fee for an initial license to practice dental therapy 1,000

Application fee for a specialist’s license to practice dentistry........... 300

Application fee for a limited license or restricted license to practice dentistry , [or] dental hygiene or dental therapy     300

Fee for administering a clinical examination in dentistry.................. 2,500

Fee for administering a clinical examination in dental hygiene or dental therapy      1,500

Application and examination fee for a permit to administer general anesthesia, minimal sedation, moderate sedation or deep sedation................................................................................................ 750

Fee for any reinspection required by the Board to maintain a permit to administer general anesthesia, minimal sedation, moderate sedation or deep sedation................................................ 500

Biennial renewal fee for a permit to administer general anesthesia, minimal sedation, moderate sedation or deep sedation............................................................................................................... 600

Fee for the inspection of a facility required by the Board to renew a permit to administer general anesthesia, minimal sedation, moderate sedation or deep sedation............................... 350

Fee for the inspection of a facility required by the Board to ensure compliance with infection control guidelines       500

 


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Biennial license renewal fee for a general license, specialist’s license, temporary license or restricted geographical license to practice dentistry....................................................................... $1,000

Annual license renewal fee for a limited license or restricted license to practice dentistry   300

Biennial license renewal fee for a general license, temporary license or restricted geographical license to practice dental hygiene or dental therapy................................................................. 600

Annual license renewal fee for a limited license to practice dental hygiene or dental therapy  300

Biennial license renewal fee for an inactive dentist.............................. 400

Biennial license renewal fee for a dentist who is retired or has a disability     100

Biennial license renewal fee for an inactive dental hygienist or dental therapist      200

Biennial license renewal fee for a dental hygienist or dental therapist who is retired or has a disability    100

Reinstatement fee for a suspended license to practice dentistry , [or] dental hygiene or dental therapy   500

Reinstatement fee for a revoked license to practice dentistry , [or] dental hygiene or dental therapy  500

Reinstatement fee to return a dentist , [or] dental hygienist or dental therapist who is inactive, retired or has a disability to active status......................................................................................... 500

Fee for the certification of a license.......................................................... 50

 

      2.  Except as otherwise provided in this subsection, the Board shall charge a fee to review a course of continuing education for accreditation. The fee must not exceed $150 per credit hour of the proposed course. The Board shall not charge a nonprofit organization or an agency of the State or of a political subdivision of the State a fee to review a course of continuing education.

      3.  All fees prescribed in this section are payable in advance and must not be refunded.

      Sec. 89. NRS 631.3453 is hereby amended to read as follows:

      631.3453  The provisions of NRS 631.3452 requiring the designation of an actively licensed dentist as a dental director do not apply to a program for the provision of public health dental hygiene or dental therapy if:

      1.  The program is owned or operated by a dental therapist licensed pursuant to this chapter or a dental hygienist who holds a special endorsement of his or her license to practice public health dental hygiene pursuant to NRS 631.287; and

      2.  Each [dental hygienist] person employed to provide public health dental hygiene pursuant to the program is either a dental therapist licensed pursuant to this chapter or a dental hygienist who holds a special endorsement of his or her license to practice public health dental hygiene pursuant to NRS 631.287.

      Sec. 90. NRS 631.346 is hereby amended to read as follows:

      631.346  The following acts, among others, constitute unprofessional conduct:

 


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      1.  Employing, directly or indirectly, any student or any suspended or unlicensed dentist or dental hygienist to perform operations of any kind to treat or correct the teeth or jaws, except as provided in this chapter;

      2.  Except as otherwise provided in NRS 631.287 [,] or 631.3453, giving a public demonstration of methods of practice any place other than the office where the licensee is known to be regularly engaged in this practice;

      3.  Employing, procuring, inducing, aiding or abetting a person not licensed or registered as a dentist to engage in the practice of dentistry, but a patient shall not be deemed to be an accomplice, employer, procurer, inducer, aider or abettor;

      4.  For a dental hygienist [,] or dental therapist, practicing in any place not authorized pursuant to this chapter; or

      5.  Practicing while a license is suspended or without a renewal certificate.

      Sec. 91. NRS 631.3475 is hereby amended to read as follows:

      631.3475  The following acts, among others, constitute unprofessional conduct:

      1.  Malpractice;

      2.  Professional incompetence;

      3.  Suspension or revocation of a license to practice dentistry, the imposition of a fine or other disciplinary action by any agency of another state authorized to regulate the practice of dentistry in that state;

      4.  More than one act by the dentist , [or] dental hygienist [,] or dental therapist constituting substandard care in the practice of dentistry , [or] dental hygiene or dental therapy;

      5.  Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, if it is not required to treat the dentist’s patient;

      6.  Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

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

      (b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

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

      7.  Chronic or persistent inebriety or addiction to a controlled substance, to such an extent as to render the person unsafe or unreliable as a practitioner, or such gross immorality as tends to bring reproach upon the dental profession;

      8.  Conviction of a felony or misdemeanor involving moral turpitude or which relates to the practice of dentistry in this State, or conviction of any criminal violation of this chapter;

      9.  Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

      10.  Failure to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507 and 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto.

 


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      11.  Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV;

      12.  Failure to comply with the provisions of NRS 454.217 or 629.086;

      13.  Failure to obtain any training required by the Board pursuant to NRS 631.344; or

      14.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

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

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

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

      Sec. 92. NRS 631.3487 is hereby amended to read as follows:

      631.3487  1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to practice dentistry , [or] dental hygiene [,] or dental therapy, the Board 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 Board 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.

      2.  The Board shall reinstate a license to practice dentistry , [or] dental hygiene or dental therapy that has been suspended by a district court pursuant to NRS 425.540 if:

      (a) The Board 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; and

      (b) The person whose license was suspended pays the fee imposed pursuant to NRS 631.345 for the reinstatement of a suspended license.

      Sec. 93. NRS 631.350 is hereby amended to read as follows:

      631.350  1.  Except as otherwise provided in NRS 631.271, 631.2715 and 631.347, the Board may:

      (a) Refuse to issue a license to any person;

      (b) Revoke or suspend the license or renewal certificate issued by it to any person;

      (c) Fine a person it has licensed;

      (d) Place a person on probation for a specified period on any conditions the Board may order;

      (e) Issue a public reprimand to a person;

      (f) Limit a person’s practice to certain branches of dentistry;

      (g) Require a person to participate in a program to correct alcohol or drug abuse or any other impairment;

      (h) Require that a person’s practice be supervised;

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

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

      (k) Require a person to fulfill certain training or educational requirements;

 


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      (l) Require a person to reimburse a patient; or

      (m) Any combination thereof,

if the Board finds, by a preponderance of the evidence, that the person has engaged in any of the activities listed in subsection 2.

      2.  The following activities may be punished as provided in subsection 1:

      (a) Engaging in the illegal practice of dentistry , [or] dental hygiene [;] or dental therapy;

      (b) Engaging in unprofessional conduct; or

      (c) Violating any regulations adopted by the Board or the provisions of this chapter.

      3.  The Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks, credit unions, savings and loan associations or savings banks in this State.

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

      5.  The Board shall not administer a private reprimand.

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

      Sec. 94. NRS 631.380 is hereby amended to read as follows:

      631.380  All licenses and renewal certificates to practice dentistry or a specialty thereof heretofore issued by the Board and in force on March 20, 1951, shall remain in force subject to the provisions of this chapter, and shall entitle the holders to practice their profession as therein designated.

      Sec. 95. NRS 631.395 is hereby amended to read as follows:

      631.395  A person is guilty of the illegal practice of dentistry , [or] dental hygiene or dental therapy who:

      1.  Sells or barters, or offers to sell or barter, any diploma or document conferring or purporting to confer any dental degree, or any certificate or transcript made or purporting to be made pursuant to the laws regulating the licensing and registration of dentists , [or] dental hygienists [;] or dental therapists;

      2.  Purchases or procures by barter any such diploma, certificate or transcript, with the intent that it be used as evidence of the holder’s qualifications to practice dentistry, or in fraud of the laws regulating that practice;

      3.  With fraudulent intent, alters in a material regard any such diploma, certificate or transcript;

      4.  Uses or attempts to use any diploma, certificate or transcript, which has been purchased, fraudulently issued, counterfeited or materially altered, either as a license or color of license to practice dentistry, or in order to procure registration as a dentist , [or] a dental hygienist [;] or dental therapist;

      5.  Practices dentistry under a false or assumed name;

      6.  Assumes the degree of “Doctor of Dental Surgery” or “Doctor of Dental Medicine” or appends the letters “D.D.S.” or “D.M.D.” or “R.D.H.” to his or her name, not having conferred upon him or her, by diploma from an accredited dental or dental hygiene college or school legally empowered to confer the title, the right to assume the title, or assumes any title or appends any letters to his or her name with the intent to represent falsely that he or she has received a dental degree or license;

 


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2019 Statutes of Nevada, Page 3221 (CHAPTER 532, SB 366)

 

appends any letters to his or her name with the intent to represent falsely that he or she has received a dental degree or license;

      7.  Willfully makes, as an applicant for examination, license or registration under this chapter, a false statement in a material regard in an affidavit required by this chapter;

      8.  Within 10 days after a demand is made by the Secretary-Treasurer, fails to furnish to the Board the names and addresses of all persons practicing or assisting in the practice of dentistry in the office of the person at any time within 60 days before the notice, together with a sworn statement showing under and by what license or authority the person and his or her employee are and have been practicing dentistry, but the affidavit must not be used as evidence against the person in any proceeding under this chapter;

      9.  Except as otherwise provided in NRS 629.091, practices dentistry , [or] dental hygiene or dental therapy in this State without a license;

      10.  Except as otherwise provided in NRS 631.385, owns or controls a dental practice, shares in the fees received by a dentist or controls or attempts to control the services offered by a dentist if the person is not himself or herself licensed pursuant to this chapter; or

      11.  Aids or abets another in violating any of the provisions of this chapter.

      Sec. 96. NRS 631.400 is hereby amended to read as follows:

      631.400  1.  A person who engages in the illegal practice of dentistry in this State is guilty of a category D felony and shall be punished as provided in NRS 193.130, unless a greater penalty is provided pursuant to NRS 200.830 or 200.840.

      2.  Unless a greater penalty is provided pursuant to NRS 200.830 or 200.840, a person who practices or offers to practice dental hygiene or dental therapy in this State without a license, or who, having a license, practices dental hygiene or dental therapy in a manner or place not permitted by the provisions of this chapter:

      (a) If it is his or her first or second offense, is guilty of a gross misdemeanor.

      (b) If it is his or her third or subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      3.  Unless a greater penalty is provided by specific statute, a person who is licensed to practice dentistry who practices dentistry in a manner or place not permitted by the provisions of this chapter:

      (a) If it is his or her first or second offense, is guilty of a gross misdemeanor.

      (b) If it is his or her third or subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      4.  The Board may assign a person described in subsection 1, 2 or 3 specific duties as a condition of renewing a license.

      5.  If a person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter, the district court of any county, on application of the Board, may issue an injunction or other appropriate order restraining the conduct. Proceedings under this subsection are governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking is required in any action commenced by the Board.

 


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      6.  In addition to any other penalty prescribed by law, if the Board determines that a person has committed any act described in subsection 1, 2 or 3, the Board may:

      (a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or certificate or otherwise demonstrates that he or she is no longer in violation of subsection 1, 2 or 3. An order to cease and desist must include a telephone number with which the person may contact the Board.

      (b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

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

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

      Secs. 97-133. (Deleted by amendment.)

      Sec. 133.5.  Not later than January 1, 2025, the State Dental Health Officer shall submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature that details the impact of authorizing the practice of dental therapy on the quality and availability of dental services in this State.

      Sec. 133.7.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 134.  1.  This section and sections 1 to 75, inclusive, 77 to 91, inclusive, and 93 to 133.7, inclusive, of this act become effective:

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

      (b) On January 1, 2020, for all other purposes.

      2.  Section 76 of this act expires by limitation on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending or restricting the use of professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.

      3.  Section 92 of this act expires by limitation on the date 2 years after the date on which the provisions of 42 U.S.C. ง 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

are repealed by the Congress of the United States.

________

 


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CHAPTER 533, SB 324

Senate Bill No. 324–Senators Dondero Loop, Woodhouse, Denis, D. Harris, Cannizzaro; Brooks, Cancela, Ohrenschall, Parks and Scheible

 

Joint Sponsor: Assemblyman Thompson

 

CHAPTER 533

 

[Approved: June 12, 2019]

 

AN ACT relating to education; renaming the Teachers’ School Supplies Reimbursement Account as the Teachers’ School Supplies Assistance Account; authorizing the use of certain methods to disburse money from a special revenue fund established to use money received from the Account; authorizing a teacher to request an additional disbursement or reimbursement in certain circumstances from such a special revenue fund; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Teachers’ School Supplies Reimbursement Account. (NRS 387.1253) Section 1 of this bill renames the Account the Teachers’ School Supplies Assistance Account. Existing law requires the board of trustees of each school district and the governing body of each charter school to establish a special revenue fund to be used only to reimburse a teacher for his or her out-of-pocket expenses incurred by purchasing necessary school supplies for pupils he or she instructs. (NRS 387.1255) Under existing law, the Department of Education is required to establish the amount of reimbursement for each teacher, which must not exceed $250 per fiscal year. Existing law further requires any money remaining in the special revenue fund to revert back to the Teachers’ School Supplies Reimbursement Account. (NRS 387.1255) Section 1.5 of this bill authorizes money in the special revenue fund to be disbursed to a teacher in additional ways. It may be disbursed: (1) by depositing money directly into the account of a teacher maintained at a financial institution; (2) by providing a check written to the teacher; or (3) in the form of a credit, purchasing or debit card issued by a school to a teacher to directly purchase necessary school supplies. Section 1.5 also authorizes a teacher who has used the entirety of his or her allotted disbursement or reimbursement to request an additional disbursement or reimbursement if there is money remaining in the special revenue fund.

      Existing law requires the board of trustees of each school district and the governing body of each charter school to determine the manner in which to distribute the money in the special revenue fund to the teachers in the school district or charter school. (NRS 387.1257) Section 2 of this bill empowers the board of trustees of a school district and the governing body of a charter school to authorize a school to allow a teacher to use a credit, purchasing or debit card issued to the teacher by a school to directly purchase necessary school supplies or to be provided money in any of the ways authorized to pay for the purchase of supplies for the pupils of the teacher. Section 2 also requires the board of trustees of a school district and the governing body of a charter school to adopt a policy that establishes the manner in which to account for disbursements or reimbursements of money using each form of payment approved by the board of trustees or the governing body.

 

 

 

 

 

 

 

 


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2019 Statutes of Nevada, Page 3224 (CHAPTER 533, SB 324)

 

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 387.1253 is hereby amended to read as follows:

      387.1253  1.  The Teachers’ School Supplies [Reimbursement] Assistance Account is hereby created in the State General Fund. The Department shall administer the Account.

      2.  The money in the Account must be invested as other money of the State is invested. All interest and income earned on the money in the Account must be credited to the Account.

      3.  The money in the Account must be used only for the purposes specified in NRS 387.1255.

      4.  Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward.

      5.  The Department may accept gifts, grants, bequests and donations from any source for deposit in the Account.

      Sec. 1.5. NRS 387.1255 is hereby amended to read as follows:

      387.1255  1.  On or before September 1 of each year, the Department shall determine the amount of money that is available in the Teachers’ School Supplies [Reimbursement] Assistance Account created by NRS 387.1253 for distribution among all of the school districts and charter schools in this State for that fiscal year. Any such distribution must be provided to each school district and charter school based on the number of teachers employed by the school district or charter school, as applicable. To the extent that money is available, the Department shall establish the amount of disbursement or reimbursement for each teacher which must not exceed $250 per fiscal year.

      2.  The board of trustees of each school district and the governing body of each charter school shall establish a special revenue fund and direct that the money it receives pursuant to subsection 1 be deposited in that fund. Money in the special revenue fund must not be commingled with money from other sources. The board of trustees or the governing body, as applicable, shall disburse money in the special revenue fund to teachers in accordance with NRS 387.1257.

      3.  The money in the special revenue fund must be used only to [reimburse] :

      (a) Pay for a purchase of necessary school supplies for the pupils instructed by a teacher using a purchasing card or debit card issued for this purpose to the teacher by a school;

      (b) Pay the balance owed on a credit card issued to a teacher by a school to pay for a purchase of necessary school supplies for the pupils the teacher instructs;

      (c) Deposit money directly into the account of a teacher maintained at a financial institution to pay for a purchase of necessary school supplies for the pupils the teacher instructs;

 


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      (d) Provide a check written to a teacher to pay for a purchase of necessary school supplies for the pupils the teacher instructs; or

      (e) Reimburse teachers for out-of-pocket expenses incurred in connection with purchasing necessary school supplies for the pupils they instruct.

      4.  If there is money remaining in the special revenue fund because one or more teachers at the school did not use the amount established for his or her disbursement or reimbursement pursuant to subsection 1, the board of trustees of a school district or the governing body of a charter school, as applicable, shall allow a teacher who has used the entire amount of his or her disbursement or reimbursement pursuant to subsection 1 to request an additional disbursement or reimbursement from the special revenue fund. The combined total amount of a disbursement or reimbursement and an additional disbursement or reimbursement for each teacher must not exceed $250 per fiscal year.

      5.  The board of trustees or governing body of a charter school, as applicable, shall not use money in the special revenue fund to pay any administrative costs.

      [5.] 6.  Any money remaining in the special revenue fund at the end of a fiscal year reverts to the Teachers’ School Supplies [Reimbursement] Assistance Account.

      Sec. 2. NRS 387.1257 is hereby amended to read as follows:

      387.1257  1.  The board of trustees of each school district and the governing body of each charter school that receives money pursuant to subsection 1 of NRS 387.1255 shall determine the manner in which to distribute the money to teachers in the school district or charter school, as applicable, including, without limitation, whether to authorize a school to allow teachers to use a credit card, purchasing card or debit card connected to the special revenue fund issued to the teacher by the school to directly purchase school supplies, require a teacher to submit a request for a claim for reimbursement for out-of-pocket expenses from the special revenue fund established pursuant to NRS 387.1255 [.] or authorize any other manner of providing money to a teacher described in subsection 3 of NRS 387.1255 to pay for school supplies for the pupils the teacher instructs.

      2.  To the extent that money is available in the special revenue fund, the board of trustees or governing body, as applicable, may reimburse a teacher , or the teacher may use, up to the maximum amount determined by the Department for each teacher pursuant to NRS 387.1255 for the fiscal year.

      3.  If the board of trustees of a school district or the governing body of a charter school, as applicable, requires a teacher to submit a claim for reimbursement for out-of-pocket expenses to receive money from the special revenue fund, the teacher must submit such a claim no later than 2 weeks after the last day of the school year.

      4.  The board of trustees of a school district may enter into an agreement with the recognized employee organization representing licensed educational personnel within the school district for the purpose of obtaining assistance of the employee organization in administering the reimbursement of teachers pursuant to this section.

      5.  [A teacher who receives money from the special revenue fund must submit receipts for any supplies purchased with the money to the principal of the school or charter school, as applicable. The principal must maintain such receipts until the end of the next fiscal year and make them available for inspection upon request of the Department.]

 


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such receipts until the end of the next fiscal year and make them available for inspection upon request of the Department.] A teacher who receives money pursuant to subsection 1 to directly purchase school supplies shall repay to the special revenue fund established pursuant to NRS 387.1255 by not later than the last day of the fiscal year in which the money was received:

      (a) Any amount that was not used;

      (b) Any amount that was used to purchase something other than school supplies; and

      (c) Any amount that exceeds the maximum amount authorized pursuant to NRS 387.1255 in any fiscal year.

      6.  The board of trustees of each school district and the governing body of each charter school shall adopt a policy that establishes the manner in which to account for reimbursements or disbursements of money, as applicable, through each form of payment authorized for use by the board of trustees or the governing body, as applicable. The policy may include, without limitation, a requirement to submit receipts for any purchase of supplies with money received pursuant to subsection 1.

      Sec. 2.5. NRS 120A.645 is hereby amended to read as follows:

      120A.645  1.  A person with a claim to property paid or delivered to the Administrator that is less than $500 may, if the claim is allowed by the Administrator pursuant to NRS 120A.640, donate the money or the net proceeds from the sale of the property, together with any dividend, interest or other increment to which the person is entitled under NRS 120A.600 and 120A.610, to the State for educational purposes.

      2.  The Administrator must, within 30 days after the allowance of a claim pursuant to NRS 120A.040, transfer the amount of the claim, together with any dividend, interest or other increment to which the person is entitled under NRS 120A.600 and 120A.610, from the Abandoned Property Trust Account to the Teachers’ School Supplies [Reimbursement] Assistance Account created pursuant to NRS 387.1253.

      3.  The Administrator may adopt regulations to carry out the provisions of this section.

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

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2019 Statutes of Nevada, Page 3227

 

CHAPTER 534, SB 89

Senate Bill No. 89–Committee on Education

 

CHAPTER 534

 

[Approved: June 12, 2019]

 

AN ACT relating to education; revising provisions governing the annual reports of accountability for public schools; revising requirements for a plan to improve the achievement of pupils enrolled in a public school; requiring the State Board of Education to develop nonbinding recommendations for the pupil-specialized instructional support personnel ratio in public schools; requiring a school safety specialist to be designated for each public school; revising provisions related to providing a safe and respectful learning environment; revising provisions related to plans used by schools in responding to a crisis, emergency or suicide; revising provisions related to a statewide framework for providing integrated student supports for pupils enrolled in a public school and the families of such pupils; revising provisions related to school police officers; revising provisions relating to pupil discipline; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the boards of trustees of school districts, the sponsors of charter schools and the State Board of Education to prepare annual reports of accountability that contain certain information regarding public schools and pupils enrolled in public schools. (NRS 385A.070, 385A.240, 385A.250) Sections 1 and 2 of this bill require that the information must be included in the annual reports of accountability in a manner that allows the disaggregation of the information by certain categories of pupils.

      Existing law requires the principal of each school, in consultation with the employees of the school, to prepare a plan to improve the achievement of pupils enrolled in the school and prescribes the requirements of such a plan. (NRS 385A.650) Section 3 of this bill requires such a plan to improve the achievement of pupils to include methods for evaluating and improving the school climate.

      Existing law provides for the establishment of the Safe-to-Tell Program within the Office for a Safe and Respectful Learning Environment within the Department of Education. The Program enables any person to anonymously report any dangerous, violent or unlawful activity which is being conducted or threatened to be conducted on the property of a public school, at an activity sponsored by a public school or on a school bus of a public school. (NRS 388.1455) Section 13 of this bill: (1) revises the name of the Program to the SafeVoice Program; (2) requires that under certain circumstances a person who makes a report to the Program will not remain anonymous; and (3) requires that certain public safety agencies be authorized to access certain pupil information in response to a report to the Program. Sections 11-16 of this bill make conforming changes.

      Section 5 of this bill requires the Governor to appoint a committee on statewide school safety to review certain issues and make recommendations related to school safety and the well-being of pupils.

      Existing law requires the board of trustees of a school district or the governing body of a charter school or a private school to establish a committee to develop, review and update, on an annual basis, one plan to be used by all schools in the school district or every charter school or private school, as applicable, to use in responding to a crisis, emergency or suicide. (NRS 388.241-388.245, 394.1685-394.1688) Section 20 of this bill instead requires such a committee to develop a plan which constitutes the minimum requirements of a plan for a school to use.

 


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2019 Statutes of Nevada, Page 3228 (CHAPTER 534, SB 89)

 

which constitutes the minimum requirements of a plan for a school to use. Section 6 of this bill: (1) requires the Division of Emergency Management of the Department of Public Safety to report to the Legislature certain information relating to the plan used by a public school, charter school or private school in response to a crisis, emergency or suicide; and (2) authorizes the Division to conduct random audits of plans submitted to the Division by public schools or charter schools. Sections 18-27 of this bill revise other provisions relating to the development, contents, approval and usage of plans used by a public school or charter school when responding to a crisis, emergency or suicide. Section 36 of this bill requires the development committee that developed or reviewed and updated the plan used by a private school when responding to a crisis, emergency or suicide to provide a copy of the plan to the governing body of the school on or before July 1 of each year.

      Section 28 of this bill requires the statewide framework for providing and coordinating integrated student supports, which existing law specifies as the academic and nonacademic supports for pupils enrolled in public school and the families of such pupils, to include methods for: (1) engaging the parents and guardians of pupils; (2) assessing the social, emotional and academic development of pupils; and (3) screening, intervening and monitoring the social, emotional and academic progress of pupils. (NRS 388.885) Section 7 of this bill requires the State Board of Education to develop nonbinding recommendations for the ratio of pupils to specialized instructional support personnel in public schools for kindergarten and grades 1 to 12, inclusive. Section 7 also requires the board of trustees of each school district to develop a plan to achieve such ratios. Section 7.5 of this bill requires a school safety specialist to be designated for each school district and each charter school. The school safety specialist will be responsible for reviewing policies and procedures and overseeing various other functions relating to school safety.

      Section 31 of this bill requires a person in charge of a school building to ensure that drills provided for the purpose of providing instruction to pupils in the appropriate procedures are followed in the event of a lockdown, fire or other emergency and the drills occur at different times during school hours. (NRS 392.450)

      Existing law authorizes a board of county commissioners to impose a surcharge on certain telecommunications lines for the purpose of enhancement of the telephone system for reporting an emergency in the county and for the purpose of purchasing and maintaining portable event recording devices and vehicular event recording devices. (NRS 244A.7643) Section 37 of this bill prescribes the entities authorized to use money from the surcharge to purchase and maintain recording devices, which include a school district that employs school police officers and certain other law enforcement and criminal justice agencies.

      Section 38 of this bill removes school police officers from the list of “category II” peace officers, thereby making school police officers “category I” peace officers with unrestricted duties. (NRS 289.470) Sections 29 and 41 of this bill revise provisions relating to the jurisdiction and training of school police officers. Section 40 of this bill deems a board of trustees of a county school district that employs or appoints school police officers to be a “law enforcement agency” for the purposes of requiring such officers to wear portable event recording devices while on duty.

      Existing law requires the principal of each public school to establish a plan to provide for the progressive discipline of pupils. (NRS 392.4644) Section 32 of this bill revises such criteria by instead providing for restorative discipline. Section 9 of this bill requires the Department to adopt requirements and methods for restorative discipline practices. Section 33 of this bill authorizes, rather than requires, a pupil who is removed from school premises to be assigned to a temporary alternative placement.

      Existing law authorizes the governing body of a charter school to contract with the board of trustees of the school district in which the charter school is located to provide school police officers. Existing law also requires the board of trustees of a school district to enter into a contract to provide school police officers to a charter school if the governing body of a charter school makes a request for the provision of school police officers.

 


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school police officers. (NRS 388A.378, 388A.384) Section 34 of this bill enacts a similar provision for a private school, including certain institutions that are not required to be licensed pursuant to chapter 394 of NRS.

 

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 385A.240 is hereby amended to read as follows:

      385A.240  1.  The annual report of accountability prepared pursuant to NRS 385A.070 must include information on the attendance, truancy and transiency of pupils, including, without limitation:

      (a) Records of the attendance and truancy of pupils in all grades, including, without limitation:

             (1) The average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

             (2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school sponsored by the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      (b) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033, 392.125 or 392.760, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

      (c) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. For the purposes of this paragraph, a pupil is not transient if the pupil is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

      (d) The number of habitual truants reported for each school in the district and for the district as a whole, including, without limitation, the number who are:

             (1) Reported to an attendance officer, a school police officer or a local law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144;

             (2) Referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144; and

             (3) Referred for the imposition of administrative sanctions pursuant to paragraph (c) of subsection 2 of NRS 392.144.

      2.  The information included pursuant to subsection 1 must allow such information to be disaggregated by:

      (a) Pupils who are economically disadvantaged;

      (b) Pupils from major racial and ethnic groups;

      (c) Pupils with disabilities;

      (d) Pupils who are English learners;

      (e) Pupils who are migratory children;

 


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      (f) Gender;

      (g) Pupils who are homeless;

      (h) Pupils in foster care; and

      (i) Pupils whose parent or guardian is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard.

      3.  On or before September 30 of each year:

      (a) The board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required by paragraph (a) of subsection 1.

      (b) The State Public Charter School Authority, the Achievement School District and each college or university within the Nevada System of Higher Education that sponsors a charter school shall submit to each advisory board to review school attendance created in a county pursuant to NRS 392.126 the information regarding the records of the attendance and truancy of pupils enrolled in the charter school located in that county, if any, in accordance with the regulations prescribed by the Department pursuant to subsection 3 of NRS 385A.070.

      Sec. 2. NRS 385A.250 is hereby amended to read as follows:

      385A.250  1.  The annual report of accountability prepared pursuant to NRS 385A.070 must include information on the discipline of pupils, including, without limitation:

      (a) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school sponsored by the district.

      (b) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school sponsored by the district.

      (c) Records of the suspension [and] or expulsion , or both, of pupils required or authorized pursuant to NRS 392.466 and 392.467.

      (d) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

      (e) For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district:

             (1) The number of reported violations of NRS 388.135 occurring at a school or otherwise involving a pupil enrolled at a school, regardless of the outcome of the investigation conducted pursuant to NRS 388.1351;

             (2) The number of incidents determined to be bullying or cyber-bullying after an investigation is conducted pursuant to NRS 388.1351;

             (3) The number of incidents resulting in suspension or expulsion , or both, for bullying or cyber-bullying; and

             (4) Any actions taken to reduce the number of incidents of bullying or cyber-bullying including, without limitation, training that was offered or other policies, practices and programs that were implemented.

      (f) For each high school in the district, including, without limitation, each charter school sponsored by the district that operates as a high school, and for high schools in the district as a whole:

             (1) The number and percentage of pupils whose violations of the code of honor relating to cheating prescribed pursuant to NRS 392.461 or any other code of honor applicable to pupils enrolled in high school were reported to the principal of the high school, reported by the type of violation;

 


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             (2) The consequences, if any, to the pupil whose violation is reported pursuant to subparagraph (1), reported by the type of consequence;

             (3) The number of any such violations of a code of honor in a previous school year by a pupil whose violation is reported pursuant to subparagraph (1), reported by the type of violation; and

             (4) The process used by the high school to address violations of a code of honor which are reported to the principal.

      2.  The information included pursuant to subsection 1 must allow such information to be disaggregated by:

      (a) Pupils who are economically disadvantaged;

      (b) Pupils from major racial and ethnic groups;

      (c) Pupils with disabilities;

      (d) Pupils who are English learners;

      (e) Pupils who are migratory children;

      (f) Gender;

      (g) Pupils who are homeless;

      (h) Pupils in foster care; and

      (i) Pupils whose parent or guardian is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard.

      3.  As used in this section:

      (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      Sec. 3. NRS 385A.650 is hereby amended to read as follows:

      385A.650  1.  The principal of each school, including, without limitation, each charter school, shall, in consultation with the employees of the school, prepare a plan to improve the achievement of the pupils enrolled in the school.

      2.  The plan developed pursuant to subsection 1 must:

      (a) Include any information prescribed by regulation of the State Board; [and]

      (b) Include, without limitation, methods for evaluating and improving the school climate in the school; and

      (c) Comply with the provisions of 20 U.S.C. ง 6311(d).

      3.  The principal of each school shall, in consultation with the employees of the school:

      (a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and

      (b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in the school.

      4.  On or before the date prescribed by the Department, the principal of each school shall submit the plan or the revised plan, as applicable, to the:

      (a) Department;

      (b) Committee;

      (c) Bureau; and

      (d) Board of trustees of the school district in which the school is located or, if the school is a charter school, the sponsor of the charter school and the governing body of the charter school.

      5.  As used in this section, “school climate” means the basis of which to measure the relationships between pupils and the parents or legal guardians of pupils and educational personnel, the cultural and linguistic competence of instructional materials and educational personnel, the emotional and physical safety of pupils and educational personnel and the social, emotional and academic development of pupils and educational personnel.

 


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2019 Statutes of Nevada, Page 3232 (CHAPTER 534, SB 89)

 

emotional and physical safety of pupils and educational personnel and the social, emotional and academic development of pupils and educational personnel.

      Sec. 4. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 7.5, inclusive, of this act.

      Sec. 5. 1.  The Governor shall appoint a committee on statewide school safety. Appointments must be made to represent each of the geographic areas of the State.

      2.  The committee must consist of:

      (a) One representative of the Department of Education;

      (b) One representative of the Department of Public Safety;

      (c) One representative of the Division of Emergency Management of the Department of Public Safety;

      (d) One representative of the Department of Health and Human Services;

      (e) One representative who is a licensed teacher in this State;

      (f) One representative who is the principal of a school in this State;

      (g) One superintendent of a school district in this State;

      (h) One school resource officer assigned to a school in this State;

      (i) One person employed as a paraprofessional, as defined in NRS 391.008, by a school in this State;

      (j) One school psychologist employed by a school in this State;

      (k) One provider of mental health other than a psychologist who provides services to pupils at a school in this State;

      (l) The State Fire Marshal or his or her designee;

      (m) One parent or legal guardian of a pupil enrolled in a school in this State;

      (n) At least two pupils enrolled in a school in this State; and

      (o) Any other representative the Governor deems appropriate.

      3.  The committee shall:

      (a) Establish methods which facilitate the ability of a pupil enrolled in a school in this State to express his or her ideas related to school safety and the well-being of pupils enrolled in schools in this State;

      (b) Evaluate the impact of social media on school safety and the well-being of pupils enrolled in schools in this State; and

      (c) Discuss and make recommendations to the Governor and the Department related to the findings of the committee.

      4.  As used in this section, “social media” has the meaning ascribed to it in NRS 232.003.

      Sec. 6. The Division of Emergency Management of the Department of Public Safety:

      1.  Shall prepare a report regarding the extent to which:

      (a) The board of trustees of each school district, governing body of a charter school and each public school has complied with the provisions of NRS 388.243 and 388.245; and

      (b) Each private school has complied with the provisions of NRS 394.1687 and 394.1688;

      2.  Shall, on or before January 1 of each year, submit the report prepared pursuant to subsection 1 to the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Legislative Committee on Education; and

 


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      3.  May conduct on a random basis audits of any plan submitted pursuant to NRS 388.243 and 388.245.

      Sec. 7. 1.  The State Board shall develop nonbinding recommendations for the ratio of pupils to specialized instructional support personnel in this State for kindergarten and grades 1 to 12, inclusive. The board of trustees of each school district shall develop a 15-year strategic plan to achieve the ratio of pupils to specialized instructional support personnel in the district.

      2.  The recommendations developed by the State Board must:

      (a) Prescribe a suggested ratio of pupils per each type of specialized instructional support personnel in kindergarten and grades 1 to 12, inclusive;

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

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

      3.  As used in this section, “specialized instructional support personnel” includes persons employed by each school to provide necessary services such as assessment, diagnosis, counseling, educational services, therapeutic services and related services, as defined in 20 U.S.C. ง 1401(26), to pupils. Such persons employed by a school include, without limitation:

      (a) A school counselor;

      (b) A school psychologist;

      (c) A school social worker;

      (d) A school nurse;

      (e) A speech-language pathologist;

      (f) A school library media specialist; and

      (g) Any other qualified professional.

      Sec. 7.5. 1.  The superintendent of schools of each school district shall designate an employee at the district level to serve as the school safety specialist for the district. The principal of each charter school shall designate an employee to serve as the school safety specialist for the charter school. Not later than 1 year after being designated pursuant to this subsection, a school safety specialist shall complete the training provided by the Office for a Safe and Respectful Learning Environment pursuant to NRS 388.1323.

      2.  A school safety specialist shall:

      (a) Review policies and procedures of the school district or charter school, as applicable, that relate to school safety to determine whether those policies and procedures comply with state laws and regulations;

      (b) Ensure that each school employee who interacts directly with pupils as part of his or her job duties receives information concerning mental health services available in the school district or charter school, as applicable, and persons to contact if a pupil needs such services;

      (c) Ensure the provision to school employees and pupils of appropriate training concerning:

             (1) Mental health;

             (2) Emergency procedures, including, without limitation, the plan developed pursuant to NRS 388.243; and

             (3) Other matters relating to school safety and security;

 


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      (d) Annually conduct a school security risk assessment and submit the school security risk assessment to the Office for a Safe and Respectful Learning Environment for review pursuant to NRS 388.1323;

      (e) Present a summary of the school security risk assessment conducted pursuant to paragraph (d) and any recommendations to improve school safety and security based on the assessment at a public meeting of the board of trustees of the school district or governing body of the charter school, as applicable;

      (f) Not later than 30 days after the meeting described in paragraph (e), provide to the Director a summary of the school security risk assessment, any recommendations to improve school safety and security based on the assessment and any actions taken by the board of trustees or governing body, as applicable, based on those recommendations;

      (g) Serve as the liaison for the school district or charter school, as applicable, with local public safety agencies, other governmental agencies, nonprofit organizations and the public regarding matters relating to school safety and security;

      (h) At least once every 3 years, provide a tour of each school in the district or the charter school, as applicable, to employees of public safety agencies that are likely to be first responders to a crisis, emergency or suicide at the school; and

      (i) Provide a written record to the board of trustees of the school district or the governing body of the charter school, as applicable, of any recommendations made by an employee of a public safety agency as a result of a tour provided pursuant to paragraph (h). The board of trustees or governing body, as applicable, shall maintain a record of such recommendations.

      3.  In a school district in a county whose population is 100,000 or more, the school safety specialist shall collaborate with the emergency manager designated pursuant to NRS 388.262 where appropriate in the performance of the duties prescribed in subsection 2.

      4.  As used in this section:

      (a) “Crisis” has the meaning ascribed to it in NRS 388.231.

      (b) “Emergency” has the meaning ascribed to it in NRS 388.233.

      Sec. 8. NRS 388.121 is hereby amended to read as follows:

      388.121  As used in NRS 388.121 to 388.1395, inclusive, and section 5 of this act, unless the context otherwise requires, the words and terms defined in NRS 388.1215 to 388.127, inclusive, have the meanings ascribed to them in those sections.

      Sec. 9. NRS 388.133 is hereby amended to read as follows:

      388.133  1.  The Department shall, in consultation with the governing bodies, educational personnel, local associations and organizations of parents whose children are enrolled in schools throughout this State, and individual parents and legal guardians whose children are enrolled in schools throughout this State, prescribe by regulation a policy for all school districts and schools to provide a safe and respectful learning environment that is free of bullying and cyber-bullying.

      2.  The policy must include, without limitation:

      (a) Requirements and methods for reporting violations of NRS 388.135, including, without limitation, violations among teachers and violations between teachers and administrators, coaches and other personnel of a school district or school;

 


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      (b) Requirements and methods for addressing the rights and needs of persons with diverse gender identities or expressions; [and]

      (c) Requirements and methods for restorative disciplinary practices; and

      (d) A policy for use by school districts and schools to train members of the governing body and all administrators, teachers and all other personnel employed by the governing body. The policy must include, without limitation:

             (1) Training in the appropriate methods to facilitate positive human relations among pupils by eliminating the use of bullying and cyber-bullying so that pupils may realize their full academic and personal potential;

             (2) Training in methods to prevent, identify and report incidents of bullying and cyber-bullying;

             (3) Training concerning the needs of persons with diverse gender identities or expressions;

             (4) Training concerning the needs of pupils with disabilities and pupils with autism spectrum disorder;

             (5) Methods to promote a positive learning environment;

             (6) Methods to improve the school environment in a manner that will facilitate positive human relations among pupils; and

             (7) Methods to teach skills to pupils so that the pupils are able to replace inappropriate behavior with positive behavior.

      Sec. 10. NRS 388.1344 is hereby amended to read as follows:

      388.1344  1.  Each school safety team established pursuant to NRS 388.1343 must consist of the administrator of the school or his or her designee and the following persons appointed by the administrator:

      (a) A school counselor [;] , school psychologist or social worker if the school employs a person in such a position full-time;

      (b) At least one teacher who teaches at the school;

      (c) At least one parent or legal guardian of a pupil enrolled in the school; [and]

      (d) A school police officer or school resource officer if the school employs a person in such a position full-time;

      (e) For a middle school, junior high school or high school, one pupil enrolled in the school; and

      (f) Any other persons appointed by the administrator.

      2.  The administrator of the school or his or her designee shall serve as the chair of the school safety team.

      3.  The school safety team shall:

      (a) Meet at least two times each year;

      (b) Identify and address patterns of bullying or cyber-bullying;

      (c) Review and strengthen school policies to prevent and address bullying or cyber-bullying;

      (d) Provide information to school personnel, pupils enrolled in the school and parents and legal guardians of pupils enrolled in the school on methods to address bullying and cyber-bullying; and

      (e) To the extent money is available, participate in any training conducted by the school district or school regarding bullying and cyber-bullying.

 


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      Sec. 11. NRS 388.1453 is hereby amended to read as follows:

      388.1453  [“Safe-to-Tell] “SafeVoice Program” or “Program” means the [Safe-to-Tell] SafeVoice Program established within the Office for a Safe and Respectful Learning Environment pursuant to NRS 388.1455.

      Sec. 12. NRS 388.1454 is hereby amended to read as follows:

      388.1454  The Legislature hereby finds and declares that [:

      1.  The ability to anonymously report information about dangerous, violent or unlawful activities, or the threat of such activities, conducted on school property, at an activity sponsored by a public school, on a school bus of a public school or by a pupil enrolled at a public school is critical in preventing, responding to and recovering from such activities.

      2.  It is in the best interest of this State to ensure the anonymity of a person who reports such an activity, or the threat of such an activity, and who wishes to remain anonymous and to ensure the confidentiality of any record or information associated with such a report.

      3.  It] it is the intent of the Legislature in enacting NRS 388.1451 to 388.1459, inclusive, to enable the people of this State to easily [and anonymously] provide to appropriate state or local public safety agencies and to school administrators information about dangerous, violent or unlawful activities, or the threat of such activities, conducted on school property, at an activity sponsored by a public school, on a school bus of a public school or by a pupil enrolled at a public school.

      Sec. 13. NRS 388.1455 is hereby amended to read as follows:

      388.1455  1.  The Director shall establish the [Safe-to-Tell] SafeVoice Program within the Office for a Safe and Respectful Learning Environment. The Program must enable any person to report [anonymously] to the Program any dangerous, violent or unlawful activity which is being conducted, or is threatened to be conducted, on school property, at an activity sponsored by a public school, on a school bus of a public school or by a pupil enrolled at a public school. Any information relating to any such dangerous, violent or unlawful activity, or threat thereof, received by the Program is confidential and, except as otherwise authorized pursuant to [paragraph (a) of] subsection 2 and NRS 388.1458, must not be disclosed to any person.

      2.  The Program must include, without limitation, methods and procedures to ensure that:

      (a) Information reported to the Program is promptly forwarded to the appropriate public safety agencies, the Department and other appropriate state agencies, school administrators and other school employees, including, without limitation, the teams appointed pursuant to NRS 388.14553; [and]

      (b) The identity of a person who reports information to the Program [:

             (1) Is not known by any person designated by the Director to operate the Program;

             (2) Is not known by any person employed by, contracting with, serving as a volunteer with or otherwise assisting an organization with whom the Director enters into an agreement pursuant to subsection 3; and

             (3) Is not disclosed to any person.] may remain anonymous, unless the policies established and regulations adopted pursuant to subsection 6 require the identity of such a person to be disclosed; and

      (c) The appropriate public safety agencies may access personally identifiable information concerning a pupil:

             (1) To take the appropriate action in response to an activity or threat reported pursuant to this section;

 


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             (2) Twenty-four hours a day; and

             (3) Subject to the confidentiality required pursuant to this section.

      3.  On behalf of the Program, the Director or his or her designee shall establish and operate a support center that meets the requirements of NRS 388.14557, which includes, without limitation, a hotline, Internet website, mobile telephone application and text messaging application or enter into an agreement with an organization that the Director determines is appropriately qualified and experienced, pursuant to which the organization will establish and operate such a support center, which includes, without limitation, a hotline, Internet website, mobile telephone application and text messaging application. The support center shall receive initial reports made to the Program through the hotline, Internet website, mobile telephone application and text messaging application and forward the information contained in the reports in the manner required by subsection 2.

      4.  The Director shall provide training regarding:

      (a) The Program to employees and volunteers of each public safety agency, public safety answering point, board of trustees of a school district, governing body of a charter school and any other entity whose employees and volunteers the Director determines should receive training regarding the Program.

      (b) Properly responding to a report received from the support center, including, without limitation, the manner in which to respond to reports of different types of dangerous, violent and unlawful activity and threats of such activity, to each member of a team appointed pursuant to NRS 388.14553.

      (c) The procedure for making a report to the support center using the hotline, Internet website, mobile telephone application and text messaging application and collaborating to prevent dangerous, violent and unlawful activity directed at teachers and other members of the staff of a school, pupils, family members of pupils and other persons.

      5.  The Director shall:

      (a) Post information concerning the Program on an Internet website maintained by the Director;

      (b) Provide to each public school educational materials regarding the Program, including, without limitation, information about the telephone number, address of the Internet website, mobile telephone application, text messaging application and any other methods by which a report may be made; and

      (c) On or before July 1 of each year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Education a report containing a summary of the information reported to the Director pursuant to NRS 388.14557 during the immediately preceding 12 months and any other information that the Director determines would assist the Committee to evaluate the Program.

      6.  The Department shall establish policies and adopt regulations pursuant to subsection 2 relating to the disclosure of the identity of a person who reports information to the Program. The regulations must include, without limitation, the disclosure of the identity of a person who reported information to the Program:

      (a) To ensure the safety and well-being of the person who reported information to the Program;

      (b) To comply with the provisions of NRS 388.1351; or

 


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      (c) If the person knowingly reported false information to the Program.

      7.  As used in this section:

      (a) “Public safety agency” has the meaning ascribed to it in NRS 239B.020.

      (b) “Public safety answering point” has the meaning ascribed to it in NRS 707.500.

      Sec. 14. NRS 388.1457 is hereby amended to read as follows:

      388.1457  1.  The [Safe-to-Tell] SafeVoice Program Account is hereby created in the State General Fund.

      2.  Except as otherwise provided in subsection 4, the money in the Account may be used only to implement and operate the [Safe-to-Tell] SafeVoice Program.

      3.  The Account must be administered by the Director, who may:

      (a) Apply for and accept any gift, donation, bequest, grant or other source of money for deposit in the Account; and

      (b) Expend any money received pursuant to paragraph (a) in accordance with subsection 2.

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

      5.  The money in the Account does not revert to the State General Fund at the end of any fiscal year.

      6.  The Director shall:

      (a) Post on the Internet website maintained by the Department a list of each gift, donation, bequest, grant or other source of money, if any, received pursuant to subsection 3 for deposit in the Account and the name of the donor of each gift, donation, bequest, grant or other source of money;

      (b) Update the list annually; and

      (c) On or before February 1 of each year, transmit the list prepared for the immediately preceding year:

             (1) In odd-numbered years, to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature; and

             (2) In even-numbered years, to the Legislative Committee on Education.

      Sec. 15. NRS 388.1458 is hereby amended to read as follows:

      388.1458  1.  Except as otherwise provided in this section or as otherwise authorized pursuant to [paragraph (a) of] subsection 2 of NRS 388.1455, a person must not be compelled to produce or disclose any record or information provided to the [Safe-to-Tell] SafeVoice Program.

      2.  A defendant in a criminal action may file a motion to compel a person to produce or disclose any record or information provided to the Program. A defendant in a criminal action who files such a motion shall serve a copy of the motion upon the prosecuting attorney and upon the Director, either or both of whom may file a response to the motion not later than a date determined by the court.

      3.  If the court grants a motion filed by a defendant in a criminal action pursuant to subsection 2, the court may conduct an in camera review of the record or information or make any other order which justice requires. Counsel for all parties shall be permitted to be present at every stage at which any counsel is permitted to be present. If the court determines that the record or information includes evidence that could be offered by the defendant to exculpate the defendant or to impeach the testimony of a witness [,] and unless otherwise authorized by subsection 2 of NRS 388.1455, the court shall order the record or information to be provided to the defendant.

 


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388.1455, the court shall order the record or information to be provided to the defendant. The identity of any person who reported information to the [Safe-to-Tell] SafeVoice Program must be redacted from any record or information provided pursuant to this subsection, and the record or information may be subject to a protective order further redacting the record or information or otherwise limiting the use of the record or information.

      4.  The record of any information redacted pursuant to subsection 3 must be sealed and preserved to be made available to the appellate court in the event of an appeal. If the time for appeal expires without an appeal, the court shall provide the record to the [Safe-to-Tell] SafeVoice Program.

      Sec. 16. NRS 388.1459 is hereby amended to read as follows:

      388.1459  Except as otherwise provided in NRS 388.1458 or as otherwise authorized pursuant to [paragraph (a) of] subsection 2 of NRS 388.1455, the willful disclosure of a record or information of the [Safe-to-Tell] SafeVoice Program, including, without limitation, the identity of a person who reported information to the Program, or the willful neglect or refusal to obey any court order made pursuant to NRS 388.1458, is punishable as criminal contempt.

      Sec. 17. NRS 388.229 is hereby amended to read as follows:

      388.229  As used in NRS 388.229 to 388.266, inclusive, and section 6 of this act, unless the context otherwise requires, the words and terms defined in NRS 388.231 to 388.2359, inclusive, have the meanings ascribed to them in those sections.

      Sec. 18. NRS 388.2358 is hereby amended to read as follows:

      388.2358  “School resource officer” means a school police officer, deputy sheriff or other peace officer employed by a local law enforcement agency who is assigned to duty at one or more schools, interacts directly with pupils and whose responsibilities include, without limitation, providing guidance and information to pupils, families and educational personnel concerning the avoidance and prevention of crime.

      Sec. 19. NRS 388.241 is hereby amended to read as follows:

      388.241  1.  The board of trustees of each school district shall establish a development committee to develop one plan , which constitutes the minimum requirements of a plan, to be used by all the public schools other than the charter schools in the school district in responding to a crisis, emergency or suicide. The governing body of each charter school shall establish a development committee to develop a plan , which constitutes the minimum requirements of a plan, to be used by the charter school in responding to a crisis, emergency or suicide.

      2.  The membership of a development committee must consist of:

      (a) At least one member of the board of trustees or of the governing body that established the committee;

      (b) At least one administrator of a school in the school district or of the charter school;

      (c) At least one licensed teacher of a school in the school district or of the charter school;

      (d) At least one employee of a school in the school district or of the charter school who is not a licensed teacher and who is not responsible for the administration of the school;

      (e) At least one parent or legal guardian of a pupil who is enrolled in a school in the school district or in the charter school;

 


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      (f) At least one representative of a local law enforcement agency in the county in which the school district or charter school is located;

      (g) At least one school police officer, including, without limitation, a chief of school police of the school district if the school district has school police officers; [and]

      (h) At least one representative of a state or local organization for emergency management [.] ; and

      (i) At least one mental health professional, including, without limitation:

             (1) A counselor of a school in the school district or of the charter school;

             (2) A psychologist of a school in the school district or of the charter school; or

             (3) A licensed social worker of a school in the school district or of the charter school.

      3.  The membership of a development committee may also include any other person whom the board of trustees or the governing body deems appropriate, including, without limitation:

      (a) [A counselor of a school in the school district or of the charter school;

      (b) A psychologist of a school in the school district or of the charter school;

      (c) A licensed social worker of a school in the school district or of the charter school;

      (d)] A pupil in grade 10 or higher of a school in the school district or a pupil in grade 10 or higher of the charter school if a school in the school district or the charter school includes grade 10 or higher; and

      [(e)](b) An attorney or judge who resides or works in the county in which the school district or charter school is located.

      4.  The board of trustees of each school district and the governing body of each charter school shall determine the term of each member of the development committee that it establishes. Each development committee may adopt rules for its own management and government.

      Sec. 20. NRS 388.243 is hereby amended to read as follows:

      388.243  1.  Each development committee established by the board of trustees of a school district shall develop one plan , which constitutes the minimum requirements of a plan, to be used by all the public schools other than the charter schools in the school district in responding to a crisis, emergency or suicide. Each development committee established by the governing body of a charter school shall develop a plan , which constitutes the minimum requirements of a plan, to be used by the charter school in responding to a crisis, emergency or suicide. Each development committee shall, when developing the plan:

      (a) Consult with local social service agencies and local public safety agencies in the county in which its school district or charter school is located.

      (b) If the school district has an emergency manager designated pursuant to NRS 388.262, consult with the emergency manager.

      (c) If the school district has school resource officers, consult with the school resource officer or a person designated by him or her.

      (d) If the school district has school police officers, consult with the chief of school police of the school district or a person designated by him or her.

 


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      (e) Consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.

      (f) Consult with the State Fire Marshal or his or her designee and a representative of a local government responsible for enforcement of the ordinances, codes or other regulations governing fire safety.

      (g) Determine which persons and organizations in the community, including, without limitation, a provider of mental health services which is operated by a state or local agency, that could be made available to assist pupils and staff in recovering from a crisis, emergency or suicide.

      2.  The plan developed pursuant to subsection 1 must include, without limitation:

      (a) The plans, procedures and information included in the model plan developed by the Department pursuant to NRS 388.253;

      (b) A procedure for responding to a crisis or an emergency and for responding during the period after a crisis or an emergency has concluded, including, without limitation, a crisis or an emergency that results in immediate physical harm to a pupil or employee of a school in the school district or the charter school;

      (c) A procedure for enforcing discipline within a school in the school district or the charter school and for obtaining and maintaining a safe and orderly environment during a crisis or an emergency;

      (d) The names of persons and organizations in the community, including, without limitation, a provider of mental health services which is operated by a state or local agency, that are available to provide counseling and other services to pupils and staff of the school to assist them in recovering from a crisis, emergency or suicide; [and]

      (e) A plan for making the persons and organizations described in paragraph (d) available to pupils and staff after a crisis, emergency or suicide [.] ;

      (f) A procedure for responding to a crisis or an emergency that occurs during an extracurricular activity which takes place on school grounds;

      (g) A plan which includes strategies to assist pupils and staff at a school in recovering from a suicide; and

      (h) A description of the organizational structure which ensures there is a clearly defined hierarchy of authority and responsibility used by the school for the purpose of responding to a crisis, emergency or suicide.

      3.  Each development committee shall provide a copy of the plan that it develops pursuant to this section to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.

      4.  The board of trustees of the school district that established the committee or the governing body of the charter school that established the committee shall submit for approval to the Division of Emergency Management of the Department of Public Safety the plan developed pursuant to this section.

      5.  Except as otherwise provided in NRS 388.249 and 388.251, each public school must comply with the plan developed for it pursuant to this section.

 


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      Sec. 21. NRS 388.245 is hereby amended to read as follows:

      388.245  1.  Each development committee shall, at least once each year, review and update as appropriate the plan that it developed pursuant to NRS 388.243. In reviewing and updating the plan, the development committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.

      2.  Each development committee shall provide an updated copy of the plan to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.

      3.  On or before July 1 of each year, the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee shall submit for approval to the Division of Emergency Management of the Department of Public Safety the plan updated pursuant to subsection 1.

      4.  The board of trustees of each school district and the governing body of each charter school shall:

      (a) Post a notice of the completion of each review and update that its development committee performs pursuant to subsection 1 at each school in its school district or at its charter school;

      (b) File with the Department a copy of the notice provided pursuant to paragraph (a);

      (c) Post a copy of NRS 388.229 to 388.266, inclusive, and section 6 of this act at each school in its school district or at its charter school;

      (d) Retain a copy of each plan developed pursuant to NRS 388.243, each plan updated pursuant to subsection 1 and each deviation approved pursuant to NRS 388.251;

      (e) Provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to:

             (1) Each local public safety agency in the county in which the school district or charter school is located; and

             (2) [The Division of Emergency Management of the Department of Public Safety; and

             (3)] The local organization for emergency management, if any;

      (f) Upon request, provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of a school who is included in the plan;

      (g) Provide a copy of each deviation approved pursuant to NRS 388.251 as soon as practicable to:

             (1) The Department;

             (2) A local public safety agency in the county in which the school district or charter school is located;

            (3) The Division of Emergency Management of the Department of Public Safety;

             (4) The local organization for emergency management, if any;

             (5) A local agency that is included in the plan; and

             (6) An employee of a school who is included in the plan; and

      (h) At least once each year, provide training in responding to a crisis and training in responding to an emergency to each employee of the school district or of the charter school, including, without limitation, training concerning drills for evacuating and securing schools.

 


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district or of the charter school, including, without limitation, training concerning drills for evacuating and securing schools.

      [4.]5.  The board of trustees of each school district and the governing body of each charter school may apply for and accept gifts, grants and contributions from any public or private source to carry out the provisions of NRS 388.229 to 388.266, inclusive [.] , and section 6 of this act.

      Sec. 22. NRS 388.247 is hereby amended to read as follows:

      388.247  1.  The principal of each public school shall establish a school committee to review the plan developed [for the school] pursuant to NRS 388.243 [.] and make recommendations pursuant to NRS 388.249.

      2.  The membership of a school committee must consist of:

      (a) The principal of the school;

      (b) Two licensed employees of the school;

      (c) One employee of the school who is not a licensed employee and who is not responsible for the administration of the school;

      (d) One school police officer of the school if the school has school police officers; and

      (e) One parent or legal guardian of a pupil who is enrolled in the school.

      3.  The membership of a school committee may also include any other person whom the principal of the school deems appropriate, including, without limitation:

      (a) A member of the board of trustees of the school district in which the school is located or a member of the governing body of the charter school;

      (b) A counselor of the school;

      (c) A psychologist of the school;

      (d) A licensed social worker of the school;

      (e) A representative of a local law enforcement agency in the county, city or town in which the school is located; [and]

      (f) The State Fire Marshal or his or her designee or a representative of a local government responsible for enforcement of the ordinances, codes or other regulations governing fire safety; and

      (g) A pupil in grade [10] 7 or higher from the school if the school includes grade [10] 7 or higher.

      4.  The principal of a public school, including, without limitation, a charter school, shall determine the term of each member of the school committee. Each school committee may adopt rules for its own management and government.

      Sec. 23. NRS 388.249 is hereby amended to read as follows:

      388.249  1.  Each school committee shall, at least once each year, review the plan developed [for the school] pursuant to NRS 388.243 and determine whether the school should deviate from the plan.

      2.  Each school committee shall, when reviewing the plan : [, consult with:]

      (a) [The] Consult with the local social service agencies and law enforcement agencies in the county, city or town in which its school is located.

      (b) [The] Consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.

      (c) Consider the specific needs and characteristics of the school, including, without limitation, the length of time for law enforcement to respond to the school and for a fire-fighting agency to respond to a fire, explosion or other similar emergency.

 


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respond to the school and for a fire-fighting agency to respond to a fire, explosion or other similar emergency.

      3.  If a school committee determines that the school should deviate from the plan, the school committee shall notify the development committee that developed the plan, describe the proposed deviation and explain the reason for the proposed deviation. The school may deviate from the plan only if the deviation is approved by the development committee pursuant to NRS 388.251.

      4.  Each public school shall post at the school a notice of the completion of each review that the school committee performs pursuant to this section.

      Sec. 24. NRS 388.253 is hereby amended to read as follows:

      388.253  1.  The Department shall, with assistance from other state agencies, including, without limitation, the Division of Emergency Management, the Investigation Division, and the Nevada Highway Patrol Division of the Department of Public Safety, develop a model plan for the management of:

      (a) A suicide; or

      (b) A crisis or emergency that involves a public school or a private school and that requires immediate action.

      2.  The model plan must include, without limitation, a procedure for:

      (a) In response to a crisis or emergency:

             (1) Coordinating the resources of local, state and federal agencies, officers and employees, as appropriate;

             (2) Accounting for all persons within a school;

             (3) Assisting persons within a school in a school district, a charter school or a private school to communicate with each other;

             (4) Assisting persons within a school in a school district, a charter school or a private school to communicate with persons located outside the school, including, without limitation, relatives of pupils and relatives of employees of such a school, the news media and persons from local, state or federal agencies that are responding to a crisis or an emergency;

             (5) Assisting pupils of a school in the school district, a charter school or a private school, employees of such a school and relatives of such pupils and employees to move safely within and away from the school, including, without limitation, a procedure for evacuating the school and a procedure for securing the school;

             (6) Reunifying a pupil with his or her parent or legal guardian;

             (7) Providing any necessary medical assistance;

             (8) Recovering from a crisis or emergency;

             (9) Carrying out a lockdown at a school; [and]

             (10) Providing shelter in specific areas of a school; and

             (11) Providing disaster behavioral health related to a crisis, emergency or suicide;

      (b) Providing specific information relating to managing a crisis or emergency that is a result of:

             (1) An incident involving hazardous materials;

             (2) An incident involving mass casualties;

             (3) An incident involving an active shooter;

             (4) An incident involving a fire, explosion or other similar situation;

             (5) An outbreak of disease;

 


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             [(5)](6) Any threat or hazard identified in the hazard mitigation plan of the county in which the school district is located, if such a plan exists; or

             [(6)](7) Any other situation, threat or hazard deemed appropriate;

      (c) Providing pupils and staff at a school that has experienced a crisis, emergency or suicide with access to counseling and other resources to assist in recovering from the crisis, emergency or suicide; [and]

      (d) Evacuating pupils and employees of a charter school to a designated space within an identified public middle school, junior high school or high school in a school district that is separate from the general population of the school and large enough to accommodate the charter school, and such a space may include, without limitation, a gymnasium or multipurpose room of the public school [.] ;

      (e) Selecting an assessment tool which assists in responding to a threat against the school by a pupil or pupils; and

      (f) On an annual basis, providing drills to instruct pupils in the appropriate procedures to be followed in response to a crisis or an emergency. Such drills must occur:

             (1) At different times during normal school hours; and

             (2) In cooperation with other state agencies, pursuant to this section.

      3.  In developing the model plan, the Department shall consider the plans developed pursuant to NRS 388.243 and 394.1687 and updated pursuant to NRS 388.245 and 394.1688.

      4.  The Department shall require a school district to ensure that each public school in the school district identified pursuant to paragraph (d) of subsection 2 is prepared to allow a charter school to evacuate to the school when necessary in accordance with the procedure included in the model plan developed pursuant to subsection 1. A charter school shall hold harmless, indemnify and defend the school district to which it evacuates during a crisis or an emergency against any claim or liability arising from an act or omission by the school district or an employee or officer of the school district.

      5.  The Department may disseminate to any appropriate local, state or federal agency, officer or employee, as the Department determines is necessary:

      (a) The model plan developed by the Department pursuant to subsection 1;

      (b) A plan developed pursuant to NRS 388.243 or updated pursuant to NRS 388.245;

      (c) A plan developed pursuant to NRS 394.1687 or updated pursuant to NRS 394.1688; and

      (d) A deviation approved pursuant to NRS 388.251 or 394.1692.

      6.  The Department shall, at least once each year, review and update as appropriate the model plan developed pursuant to subsection 1.

      Sec. 25. NRS 388.259 is hereby amended to read as follows:

      388.259  A plan developed or approved pursuant to NRS 388.243 or updated or approved pursuant to NRS 388.245, a deviation and any information submitted to a development committee pursuant to NRS 388.249, a deviation approved pursuant to NRS 388.251 and the model plan developed pursuant to NRS 388.253 are confidential and, except as otherwise provided in NRS 239.0115 and NRS 388.229 to 388.266, inclusive, and section 6 of this act must not be disclosed to any person or government, governmental agency or political subdivision of a government.

 


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      Sec. 26. NRS 388.261 is hereby amended to read as follows:

      388.261  The provisions of chapter 241 of NRS do not apply to a meeting of:

      1.  A development committee;

      2.  A school committee;

      3.  The State Board if the meeting concerns a regulation adopted pursuant to NRS 388.255; [or]

      4.  The Department of Education if the meeting concerns the model plan developed pursuant to NRS 388.253 [.] ; or

      5.  The Division of Emergency Management of the Department of Public Safety if the meeting concerns the approval of a plan developed pursuant to NRS 388.243 or the approval of a plan updated pursuant to NRS 388.245.

      Sec. 27. NRS 388.265 is hereby amended to read as follows:

      388.265  1.  The Department of Education shall, at least once each year, coordinate with the Division of Emergency Management of the Department of Public Safety, any emergency manager designated pursuant to NRS 388.262, any chief of police of a school district that has police officers and any school resource officer to conduct a conference regarding safety in public schools.

      2.  The board of trustees of each school district shall designate persons to attend the conference held pursuant to subsection 1. The persons so designated must include, without limitation:

      (a) An administrator from the school district;

      (b) If the school district has school resource officers, a school resource officer or a person designated by him or her;

      (c) If the school district has school police officers, the chief of school police of the school district or a person designated by him or her; and

      (d) If the school district has an emergency manager designated pursuant to NRS 388.262, the emergency manager.

      3.  The conference conducted pursuant to subsection 1 may be attended by:

      (a) A licensed teacher of a school or charter school;

      (b) Educational support personnel employed by a school district or charter school;

      (c) The parent or legal guardian of a pupil who is enrolled in a public school; [and]

      (d) An employee of a local law enforcement agency [.] ; and

      (e) A person employed or appointed to serve as a school police officer.

      4.  The State Public Charter School Authority shall annually, at a designated meeting of the State Public Charter School Authority or at a workshop or conference coordinated by the State Public Charter School Authority, discuss safety in charter schools. The governing body of each charter school shall designate persons to attend a meeting, workshop or conference at which such a discussion will take place pursuant to this subsection.

      Sec. 28. NRS 388.885 is hereby amended to read as follows:

      388.885  1.  The Department shall, to the extent money is available, establish a statewide framework for providing and coordinating integrated student supports for pupils enrolled in public schools and the families of such pupils. The statewide framework must:

 


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      (a) Establish minimum standards for the provision of integrated student supports by school districts and charter schools. Such standards must be designed to allow a school district or charter school the flexibility to address the unique needs of the pupils enrolled in the school district or charter school.

      (b) Establish a protocol for providing and coordinating integrated student supports. Such a protocol must be designed to:

             (1) Support a school-based approach to promoting the success of all pupils by establishing a means to identify barriers to academic achievement and educational attainment of all pupils and [a method] methods for intervening and providing [coordinated] integrated student supports which are coordinated to reduce those barriers [;] , including, without limitation, methods for:

                   (I) Engaging the parents and guardians of pupils;

                   (II) Assessing the social, emotional and academic development of pupils;

                   (III) Attaining appropriate behavior from pupils; and

                   (IV) Screening, intervening and monitoring the social, emotional and academic progress of pupils;

             (2) Encourage the provision of education in a manner that is centered around pupils and their families and is culturally and linguistically appropriate;

             (3) Encourage providers of integrated student supports to collaborate to improve academic achievement and educational attainment, including, without limitation, by:

                   (I) Engaging in shared decision-making;

                   (II) Establishing a referral process that reduces duplication of services and increases efficiencies in the manner in which barriers to academic achievement and educational attainment are addressed by such providers; and

                   (III) Establishing productive working relationships between such providers;

             (4) Encourage collaboration between the Department and local educational agencies to develop training regarding:

                   (I) Best practices for providing integrated student supports;

                   (II) Establishing effective integrated student support teams comprised of persons or governmental entities providing integrated student supports;

                   (III) Effective communication between providers of integrated student supports; and

                   (IV) Compliance with applicable state and federal law; and

             (5) Support statewide and local organizations in their efforts to provide leadership, coordination, technical assistance, professional development and advocacy to improve access to integrated student supports and expand upon existing integrated student supports that address the physical, emotional and educational needs of pupils.

      (c) Include integration and coordination across school- and community-based providers of integrated student support services through the establishment of partnerships and systems that support this framework.

      (d) Establish accountability standards for each administrator of a school to ensure the provision and coordination of integrated student supports.

 


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      2.  The board of trustees of each school district and the governing body of each charter school shall:

      (a) Annually conduct a needs assessment for pupils enrolled in the school district or charter school, as applicable, to identify the academic and nonacademic supports needed within the district or charter school. The board of trustees of a school district or the governing body of a charter school shall be deemed to have satisfied this requirement if the board of trustees or the governing body has conducted such a needs assessment for the purpose of complying with any provision of federal law or any other provision of state law that requires the board of trustees or governing body to conduct such a needs assessment.

      (b) Ensure that mechanisms for data-driven decision-making are in place and the academic progress of pupils for whom integrated student supports have been provided is tracked.

      (c) Ensure integration and coordination between providers of integrated student supports.

      (d) To the extent money is available, ensure that pupils have access to social workers, mental health workers, counselors, psychologists, nurses, speech-language pathologists, audiologists and other school-based specialized instructional support personnel or community-based medical or behavioral providers of health care.

      3.  Any request for proposals issued by a local educational agency for integrated student supports must include provisions requiring a provider of integrated student supports to comply with the protocol established by the Department pursuant to subsection 1.

      4.  As used in this section, [“support”] “integrated student support” means any measure designed to assist a pupil in [improving] :

      (a) Improving his or her academic achievement and educational attainment and maintaining stability and positivity in his or her life [.] ; and

      (b) His or her social, emotional and academic development.

      Sec. 29. NRS 391.282 is hereby amended to read as follows:

      391.282  1.  The jurisdiction of each school police officer of a school district extends to all school property, buildings and facilities within the school district and, if the board of trustees has entered into a contract with a charter school for the provision of school police officers pursuant to NRS 388A.384, all property, buildings and facilities in which the charter school is located, for the purpose of:

      (a) Protecting school district personnel, pupils, or real or personal property; or

      (b) Cooperating with local law enforcement agencies in matters relating to personnel, pupils or real or personal property of the school district.

      2.  In addition to the jurisdiction set forth in subsection 1, a school police officer of a school district has jurisdiction:

      (a) Beyond the school property, buildings and facilities [when] :

             (1) When in hot pursuit of a person believed to have committed a crime; or

             (2) While investigating matters that originated within the jurisdiction of the school police officer relating to personnel, pupils or real or personal property of the school district;

      (b) At activities or events sponsored by the school district that are in a location other than the school property, buildings or facilities within the school district; and

 


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      (c) [When authorized by the superintendent of schools of the school district, on] On the streets that are adjacent to the school property, buildings and facilities within the school district [for the purpose of issuing traffic citations for] to enforce violations of traffic laws and ordinances . [during the times that the school is in session or school-related activities are in progress.]

      3.  A law enforcement agency that is contacted for assistance by a public school or private school which does not have school police shall respond according to the protocol of the law enforcement agency established for responding to calls for assistance from the general public.

      Sec. 30. NRS 392.128 is hereby amended to read as follows:

      392.128  1.  Each advisory board to review school attendance created pursuant to NRS 392.126 shall:

      (a) Review the records of the attendance and truancy of pupils submitted to the advisory board to review school attendance by the board of trustees of the school district or the State Public Charter School Authority, the Achievement School District or a college or university within the Nevada System of Higher Education that sponsors a charter school pursuant to subsection [2] 3 of NRS 385A.240;

      (b) Identify factors that contribute to the truancy of pupils in the school district;

      (c) Establish programs to reduce the truancy of pupils in the school district, including, without limitation, the coordination of services available in the community to assist with the intervention, diversion and discipline of pupils who are truant;

      (d) At least annually, evaluate the effectiveness of those programs;

      (e) Establish a procedure for schools and school districts for the reporting of the status of pupils as habitual truants; and

      (f) Inform the parents and legal guardians of the pupils who are enrolled in the schools within the district of the policies and procedures adopted pursuant to the provisions of this section.

      2.  The chair of an advisory board may divide the advisory board into subcommittees. The advisory board may delegate one or more of the duties of the advisory board to a subcommittee of the advisory board, including, without limitation, holding hearings pursuant to NRS 392.147. If the chair of an advisory board divides the advisory board into subcommittees, the chair shall notify the board of trustees of the school district of this action. Upon receipt of such a notice, the board of trustees shall establish rules and procedures for each such subcommittee. A subcommittee shall abide by the applicable rules and procedures when it takes action or makes decisions.

      3.  An advisory board to review school attendance may work with a family resource center or other provider of community services to provide assistance to pupils who are truant. The advisory board shall identify areas within the school district in which community services are not available to assist pupils who are truant. As used in this subsection, “family resource center” has the meaning ascribed to it in NRS 430A.040.

      4.  An advisory board to review school attendance created in a county pursuant to NRS 392.126 may use money appropriated by the Legislature and any other money made available to the advisory board for the use of programs to reduce the truancy of pupils in the school district. The advisory board to review school attendance shall, on a quarterly basis, provide to the board of trustees of the school district an accounting of the money used by the advisory board to review school attendance to reduce the truancy of pupils in the school district.

 


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board of trustees of the school district an accounting of the money used by the advisory board to review school attendance to reduce the truancy of pupils in the school district.

      Sec. 31. NRS 392.450 is hereby amended to read as follows:

      392.450  1.  The board of trustees of each school district and the governing body of each charter school shall provide drills for the pupils in the schools in the school district or the charter schools at least once each month during the school year to instruct those pupils in the appropriate procedures to be followed in the event of a lockdown, fire or other emergency. Not more than three of the drills provided pursuant to this subsection may include instruction in the appropriate procedures to be followed in the event of a chemical explosion, related emergencies and other natural disasters. At least one-half of the drills provided pursuant to this subsection must include instruction in appropriate procedures to be followed in the event of a lockdown.

      2.  In all cities or towns, the drills required by subsection 1 must be approved by the chief of the fire department of the city or town, if the city or town has a regularly organized, paid fire department or voluntary fire department [.] , and must be conducted in accordance with any applicable fire code and any direction from the State Fire Marshal. In addition, the drills in each school must be conducted under the supervision of the:

      (a) Person designated for this purpose by the board of trustees of the school district or the governing body of a charter school in a county whose population is less than 100,000; or

      (b) Emergency manager designated pursuant to NRS 388.262 in a county whose population is 100,000 or more.

      3.  A diagram of the approved escape route and any other information related to the drills required by subsection 1 which is approved by the chief of the fire department or, if there is no fire department, the State Fire Marshal must be kept posted in every classroom of every public school by the principal or teacher in charge thereof.

      4.  The principal, teacher or other person in charge of each school building shall [cause] :

      (a) Cause the provisions of this section to be enforced [.] ; and

      (b) Ensure the drills provided pursuant to subsection 1 occur at different times during normal school hours.

      5.  Any violation of the provisions of this section is a misdemeanor.

      6.  As used in this section, “lockdown” has the meaning ascribed to it in NRS 388.2343.

      Sec. 32. NRS 392.4644 is hereby amended to read as follows:

      392.4644  1.  The principal of each public school shall establish a plan to provide for the [progressive] restorative discipline of pupils and on-site review of disciplinary decisions. The plan must:

      (a) Be developed with the input and participation of teachers and other educational personnel and support personnel who are employed at the school, and the parents and guardians of pupils who are enrolled in the school.

      (b) Be consistent with the written rules of behavior prescribed in accordance with NRS 392.463.

      (c) Include, without limitation, provisions designed to address the specific disciplinary needs and concerns of the school.

      (d) Provide restorative disciplinary practices which include, without limitation:

 


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             (1) Holding a pupil accountable for his or her behavior;

             (2) Restoration or remedies related to the behavior of the pupil;

             (3) Relief for any victim of the pupil; and

             (4) Changing the behavior of the pupil.

      (e) Provide for the temporary removal of a pupil from a classroom or other premises of a public school in accordance with NRS 392.4645.

      [(e)](f) Include the names of any members of a committee to review the temporary alternative placement of pupils required by NRS 392.4647.

      2.  On or before September 15 of each year, the principal of each public school shall:

      (a) Review the plan in consultation with the teachers and other educational personnel and support personnel who are employed at the school;

      (b) Based upon the review, make revisions to the plan, as recommended by the teachers and other educational personnel and support personnel, if necessary;

      (c) Post a copy of the plan or the revised plan, as applicable, on the Internet website maintained by the school or school district;

      (d) Distribute to each teacher and all educational support personnel who are employed at or assigned to the school a written or electronic copy of the plan or the revised plan, as applicable; and

      (e) Submit a copy of the plan or the revised plan, as applicable, to the superintendent of schools of the school district.

      3.  On or before October 15 of each year, the superintendent of schools of each school district shall submit a report to the board of trustees of the school district that includes:

      (a) A compilation of the plans submitted pursuant to this subsection by each school within the school district.

      (b) The name of each principal, if any, who has not complied with the requirements of this section.

      4.  On or before November 15 of each year, the board of trustees of each school district shall:

      (a) Submit a written report to the Superintendent of Public Instruction based upon the compilation submitted pursuant to subsection 3 that reports the progress of each school within the district in complying with the requirements of this section; and

      (b) Post a copy of the report on the Internet website maintained by the school district.

      Sec. 33. NRS 392.4645 is hereby amended to read as follows:

      392.4645  1.  The plan established pursuant to NRS 392.4644 must provide for the temporary removal of a pupil from a classroom or other premises of a public school if, in the judgment of the teacher or other staff member responsible for the classroom or other premises, as applicable, the pupil has engaged in behavior that seriously interferes with the ability of the teacher to teach the other pupils in the classroom and with the ability of the other pupils to learn or with the ability of the staff member to discharge his or her duties. The plan must provide that, upon the removal of a pupil from a classroom or any other premises of a public school pursuant to this section, the principal of the school shall provide an explanation of the reason for the removal of the pupil to the pupil and offer the pupil an opportunity to respond to the explanation. Within 24 hours after the removal of a pupil pursuant to this section, the principal of the school shall notify the parent or legal guardian of the pupil of the removal.

 


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      2.  Except as otherwise provided in subsection 3, a pupil who is removed from a classroom or any other premises of a public school pursuant to this section [must] may be assigned to a temporary alternative placement pursuant to which the pupil:

      (a) Is separated, to the extent practicable, from pupils who are not assigned to a temporary alternative placement;

      (b) Studies or remains under the supervision of appropriate personnel of the school district; and

      (c) Is prohibited from engaging in any extracurricular activity sponsored by the school.

      3.  The principal shall not assign a pupil to a temporary alternative placement if the suspension or expulsion of a pupil who is removed from the classroom pursuant to this section is:

      (a) Required by NRS 392.466; or

      (b) Authorized by NRS 392.467 and the principal decides to proceed in accordance with that section.

If the principal proceeds in accordance with NRS 392.466 or 392.467, the pupil must be removed from school in accordance with those sections and the provisions of NRS 392.4642 to 392.4648, inclusive, do not apply to the pupil.

      Sec. 34. Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The governing body of a private school may contract with the board of trustees of the school district in which the private school is located for the provision of school police officers.

      2.  If the governing body of a private school makes a request to the board of trustees of the school district in which the private school is located for the provision of school police officers pursuant to subsection 1, the board of trustees of the school district must enter into a contract with the governing body for that purpose. Such a contract must provide the payment by the private school for the provision of school police officers by the school district which must be in an amount not to exceed the actual cost to the school district of providing the officers, including, without limitation, any other costs associated with providing the officers.

      3.  Any contract for the provision of school police officers pursuant to this section must be entered into between the governing body of a private school and the board of trustees of the school district not later than March 15 for the next school year and must provide for the provision of school police officers for not less than 3 school years.

      4.  A school district that enters into a contract pursuant to this section with the governing body of a private school for the provision of school police officers is immune from civil and criminal liability for any act or omission of a school police officer that provides services to the private school pursuant to the contract.

      5.  As used in this section, “private school” means a school licensed pursuant to this chapter or an institution exempt from such licensing pursuant to NRS 394.211.

      Sec. 35. NRS 394.168 is hereby amended to read as follows:

      394.168  As used in NRS 394.168 to 394.1699, inclusive, and section 34 of this act, unless the context otherwise requires, the words and terms defined in NRS 394.1681 to 394.1684, inclusive, have the meanings ascribed to them in those sections.

 


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      Sec. 36. NRS 394.1688 is hereby amended to read as follows:

      394.1688  1.  Each development committee shall, at least once each year, review and update as appropriate the plan that it developed pursuant to NRS 394.1687. In reviewing and updating the plan, the development committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.

      2.  [Each] On or before July 1 of each year, each development committee shall provide an updated copy of the plan to the governing body of the school.

      3.  The governing body of each private school shall:

      (a) Post a notice of the completion of each review and update that its development committee performs pursuant to subsection 1 at the school;

      (b) File with the Department a copy of the notice provided pursuant to paragraph (a);

      (c) Post a copy of NRS 388.253 and 394.168 to 394.1699, inclusive, and section 34 of this act, at the school;

      (d) Retain a copy of each plan developed pursuant to NRS 394.1687, each plan updated pursuant to subsection 1 and each deviation approved pursuant to NRS 394.1692;

      (e) [Provide] On or before July 1 of each year, provide a copy of each plan developed pursuant to NRS 394.1687 and each plan updated pursuant to subsection 1 to:

             (1) Each local public safety agency in the county in which the school is located;

             (2) The Division of Emergency Management of the Department of Public Safety; and

             (3) The local organization for emergency management, if any;

      (f) Upon request, provide a copy of each plan developed pursuant to NRS 394.1687 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of the school who is included in the plan;

      (g) Upon request, provide a copy of each deviation approved pursuant to NRS 394.1692 to:

             (1) The Department;

             (2) A local public safety agency in the county in which the school is located;

             (3) The Division of Emergency Management of the Department of Public Safety;

             (4) The local organization for emergency management, if any;

             (5) A local agency that is included in the plan; and

             (6) An employee of the school who is included in the plan; and

      (h) At least once each year, provide training in responding to a crisis and training in responding to an emergency to each employee of the school, including, without limitation, training concerning drills for evacuating and securing the school.

      4.  As used in this section, “public safety agency” has the meaning ascribed to it in NRS 388.2345.

      Sec. 37. NRS 244A.7645 is hereby amended to read as follows:

      244A.7645  1.  If a surcharge is imposed pursuant to NRS 244A.7643 in a county whose population is 100,000 or more, the board of county commissioners of that county shall establish by ordinance an advisory committee to develop a plan to enhance the telephone system for reporting an emergency in that county and to oversee any money allocated for that purpose.

 


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commissioners of that county shall establish by ordinance an advisory committee to develop a plan to enhance the telephone system for reporting an emergency in that county and to oversee any money allocated for that purpose. The advisory committee must:

      (a) Consist of not less than five members who:

             (1) Are residents of the county;

             (2) Possess knowledge concerning telephone systems for reporting emergencies; and

             (3) Are not elected public officers.

      (b) Subject to the provisions of subparagraph (3) of paragraph (a), include the chief law enforcement officer or his or her designee from each office of the county sheriff, metropolitan police department, police department of an incorporated city within the county and department, division or municipal court of a city or town that employs marshals within the county, as applicable.

      2.  If a surcharge is imposed pursuant to NRS 244A.7643 in a county whose population is less than 100,000, the board of county commissioners of that county shall establish by ordinance an advisory committee to develop a plan to enhance or improve the telephone system for reporting an emergency in that county and to oversee any money allocated for that purpose. The advisory committee must:

      (a) Consist of not less than five members who:

             (1) Are residents of the county;

             (2) Possess knowledge concerning telephone systems for reporting emergencies; and

             (3) Are not elected public officers.

      (b) Include a representative of an incumbent local exchange carrier which provides service to persons in that county. As used in this paragraph, “incumbent local exchange carrier” has the meaning ascribed to it in 47 U.S.C. ง 251(h)(1), as that section existed on October 1, 1999, and includes a local exchange carrier that is treated as an incumbent local exchange carrier pursuant to that section.

      (c) Subject to the provisions of subparagraph (3) of paragraph (a), include the chief law enforcement officer or his or her designee from each office of the county sheriff, metropolitan police department, police department of an incorporated city within the county and department, division or municipal court of a city or town that employs marshals within the county, as applicable.

      3.  If a surcharge is imposed in a county pursuant to NRS 244A.7643, the board of county commissioners of that county shall create a special revenue fund of the county for the deposit of the money collected pursuant to NRS 244A.7643. The money in the fund must be used only:

      (a) With respect to the telephone system for reporting an emergency:

             (1) In a county whose population is 45,000 or more, to enhance the telephone system for reporting an emergency, including only:

                   (I) Paying recurring and nonrecurring charges for telecommunication services necessary for the operation of the enhanced telephone system;

                   (II) Paying costs for personnel and training associated with the routine maintenance and updating of the database for the system;

 


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                   (III) Purchasing, leasing or renting the equipment and software necessary to operate the enhanced telephone system, including, without limitation, equipment and software that identify the number or location from which a call is made; and

                   (IV) Paying costs associated with any maintenance, upgrade and replacement of equipment and software necessary for the operation of the enhanced telephone system.

             (2) In a county whose population is less than 45,000, to improve the telephone system for reporting an emergency in the county.

      (b) With respect to purchasing and maintaining portable event recording devices and vehicular event recording devices, [paying] by an entity described in this paragraph to pay costs associated with the acquisition, maintenance, storage of data, upgrade and replacement of equipment and software necessary for the operation of portable event recording devices and vehicular event recording devices or systems that consist of both portable event recording devices and vehicular event recording devices. Money may be expended pursuant to this paragraph for the purchase and maintenance of portable event recording devices or vehicular event recording devices only by:

             (1) The sheriff’s office of a county;

             (2) A metropolitan police department;

             (3) A police department of an incorporated city;

             (4) A department, division or municipal court of a city or town that employs marshals;

             (5) A department of alternative sentencing; or

             (6) A county school district that employs school police officers.

      4.  If the balance in the fund created in a county whose population is 100,000 or more pursuant to subsection 3 which has not been committed for expenditure exceeds $5,000,000 at the end of any fiscal year, the board of county commissioners shall reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $5,000,000.

      5.  If the balance in the fund created in a county whose population is 45,000 or more but less than 100,000 pursuant to subsection 3 which has not been committed for expenditure exceeds $1,000,000 at the end of any fiscal year, the board of county commissioners shall reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $1,000,000.

      6.  If the balance in the fund created in a county whose population is less than 45,000 pursuant to subsection 3 which has not been committed for expenditure exceeds $500,000 at the end of any fiscal year, the board of county commissioners shall reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $500,000.

      Sec. 38. NRS 289.470 is hereby amended to read as follows:

      289.470  “Category II peace officer” means:

      1.  The bailiffs of the district courts, justice courts and municipal courts whose duties require them to carry weapons and make arrests;

 


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      2.  Subject to the provisions of NRS 258.070, constables and their deputies;

      3.  Inspectors employed by the Nevada Transportation Authority who exercise those powers of enforcement conferred by chapters 706 and 712 of NRS;

      4.  Special investigators who are employed full-time by the office of any district attorney or the Attorney General;

      5.  Investigators of arson for fire departments who are specially designated by the appointing authority;

      6.  The brand inspectors of the State Department of Agriculture who exercise the powers of enforcement conferred by chapter 565 of NRS;

      7.  The field agents and inspectors of the State Department of Agriculture who exercise the powers of enforcement conferred by NRS 561.225;

      8.  Investigators for the State Forester Firewarden who are specially designated by the State Forester Firewarden and whose primary duties are related to the investigation of arson;

      9.  [School police officers employed by the board of trustees of any county school district;

      10.]  Agents of the Nevada Gaming Control Board who exercise the powers of enforcement specified in NRS 289.360, 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;

      [11.]10.  Investigators and administrators of the Division of Compliance Enforcement of the Department of Motor Vehicles who perform the duties specified in subsection 2 of NRS 481.048;

      [12.]11.  Officers and investigators of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles who perform the duties specified in subsection 3 of NRS 481.0481;

      [13.]12.  Legislative police officers of the State of Nevada;

      [14.]13.  Parole counselors of the Division of Child and Family Services of the Department of Health and Human Services;

      [15.]14.  Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in the State of Nevada or by a department of juvenile justice services established by ordinance pursuant to NRS 62G.210 whose official duties require them to enforce court orders on juvenile offenders and make arrests;

      [16.]15.  Field investigators of the Taxicab Authority;

      [17.]16.  Security officers employed full-time by a city or county whose official duties require them to carry weapons and make arrests;

      [18.]17.  The chief of a department of alternative sentencing created pursuant to NRS 211A.080 and the assistant alternative sentencing officers employed by that department;

      [19.]18.  Criminal investigators who are employed by the Secretary of State; and

      [20.]19.  The Inspector General of the Department of Corrections and any person employed by the Department as a criminal investigator.

      Sec. 39. NRS 289.480 is hereby amended to read as follows:

      289.480  “Category III peace officer” means a peace officer whose authority is limited to correctional services, including the superintendents and correctional officers of the Department of Corrections.

 


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and correctional officers of the Department of Corrections. The term does not include a person described in subsection [20] 19 of NRS 289.470.

      Sec. 40. NRS 289.830 is hereby amended to read as follows:

      289.830  1.  A law enforcement agency shall require uniformed peace officers that it employs and who routinely interact with the public to wear a portable event recording device while on duty. Each law enforcement agency shall adopt policies and procedures governing the use of portable event recording devices, which must include, without limitation:

      (a) Except as otherwise provided in paragraph (d), requiring activation of a portable event recording device whenever a peace officer is responding to a call for service or at the initiation of any other law enforcement or investigative encounter between a uniformed peace officer and a member of the public;

      (b) Except as otherwise provided in paragraph (d), prohibiting deactivation of a portable event recording device until the conclusion of a law enforcement or investigative encounter;

      (c) Prohibiting the recording of general activity;

      (d) Protecting the privacy of persons:

             (1) In a private residence;

             (2) Seeking to report a crime or provide information regarding a crime or ongoing investigation anonymously; or

             (3) Claiming to be a victim of a crime;

      (e) Requiring that any video recorded by a portable event recording device must be retained by the law enforcement agency for not less than 15 days; and

      (f) Establishing disciplinary rules for peace officers who:

             (1) Fail to operate a portable event recording device in accordance with any departmental policies;

             (2) Intentionally manipulate a video recorded by a portable event recording device; or

             (3) Prematurely erase a video recorded by a portable event recording device.

      2.  Any record made by a portable event recording device pursuant to this section is a public record which may be:

      (a) Requested only on a per incident basis; and

      (b) Available for inspection only at the location where the record is held if the record contains confidential information that may not otherwise be redacted.

      3.  As used in this section:

      (a) “Law enforcement agency” means:

             (1) The sheriff’s office of a county;

             (2) A metropolitan police department;

             (3) A police department of an incorporated city;

             (4) A department, division or municipal court of a city or town that employs marshals; [or]

             (5) The Nevada Highway Patrol [.] ; or

             (6) A board of trustees of any county school district that employs or appoints school police officers.

      (b) “Portable event recording device” means a device issued to a peace officer by a law enforcement agency to be worn on his or her body and which records both audio and visual events occurring during an encounter with a member of the public while performing his or her duties as a peace officer.

 


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which records both audio and visual events occurring during an encounter with a member of the public while performing his or her duties as a peace officer.

      Sec. 41. NRS 432B.610 is hereby amended to read as follows:

      432B.610  1.  The Peace Officers’ Standards and Training Commission shall:

      (a) Require each category I peace officer to complete a program of training for the detection and investigation of and response to cases of sexual abuse or sexual exploitation of children under the age of 18 years.

      (b) Not certify any person as a category I peace officer unless the person has completed the program of training required pursuant to paragraph (a).

      (c) Establish a program to provide the training required pursuant to paragraph (a).

      (d) Adopt regulations necessary to carry out the provisions of this section.

      2.  As used in this section, “category I peace officer” means:

      (a) Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers;

      (b) Personnel of the Nevada Highway Patrol whose principal duty is to enforce one or more laws of this State, and any person promoted from such a duty to a supervisory position related to such a duty;

      (c) Marshals, police officers and correctional officers of cities and towns;

      (d) Members of the Police Department of the Nevada System of Higher Education;

      (e) Employees of the Division of State Parks of the State Department of Conservation and Natural Resources designated by the Administrator of the Division who exercise police powers specified in NRS 289.260;

      (f) The Chief, investigators and agents of the Investigation Division of the Department of Public Safety; [and]

      (g) The personnel of the Department of Wildlife who exercise those powers of enforcement conferred by title 45 and chapter 488 of NRS [.] ; and

      (h) School police officers employed or appointed by the board of trustees of any county school district.

      Sec. 42.  A person employed or appointed as a school police officer before July 1, 2019, must be certified by the Peace Officers’ Standards and Training Commission as a category I officer on or before January 1, 2021.

      Sec. 43.  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. 44.  This act becomes effective on July 1, 2019.

________

 


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CHAPTER 535, AB 309

Assembly Bill No. 309–Assemblyman Frierson

 

CHAPTER 535

 

[Approved: June 12, 2019]

 

AN ACT relating to state financial administration; expressing the intent of the Legislature to account for all state financial aid to public schools in the State Distributive School Account; revising the formula for calculating the basic support guarantee; requiring each school district to reserve a certain amount of money necessary to carry out increases in the salaries of employees negotiated with an employee organization; authorizing the imposition and providing for the administration of a new sales and use tax for the benefit of counties and school districts; authorizing counties and school districts to use the proceeds of the tax for certain purposes; providing a temporary waiver from certain requirements governing expenditures for textbooks, instructional supplies, instructional software and instructional hardware by school districts; authorizing the Legislative Commission to request an allocation from the Contingency Account in the State General Fund for the costs of a special audit or investigation of the school districts of this State; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law declares that “the proper objective of state financial aid to public education is to ensure each Nevada child a reasonably equal educational opportunity.” (NRS 387.121) To accomplish this objective, the Legislature establishes, during each legislative session and for each school year of the biennium, an estimated statewide average basic support guarantee per pupil. (NRS 387.122) This is the per pupil amount that is “guaranteed” on a statewide basis through a combination of state money and certain local revenues. The basic support guarantee for each school district is computed by multiplying the basic support guarantee per pupil that is established by law for the school district for each school year by pupil enrollment. (NRS 387.121-387.1223) In addition to the basic support guarantee per pupil, state financial aid to public education is provided through various programs, commonly known as “categorical funding,” that target specific purposes or populations of pupils for additional support. Such programs include, without limitation, the Account for the New Nevada Education Funding Plan, Zoom schools and Victory schools. (NRS 387.129-387.139; section 1 of chapter 544, Statutes of Nevada 2017, p. 3768; section 2 of chapter 389, Statutes of Nevada 2015, p. 2199)

      Section 1 of this bill declares the intent of the Legislature, commencing with Fiscal Year 2019-2020, to account for all state and local financial aid to public schools and express the total per pupil support for public schools.

      Existing law requires the board of trustees of each school district to establish a program of performance pay and enhanced compensation for the recruitment and retention of licensed teachers and administrators. Existing law authorizes such a program to include professional development. (NRS 391A.450) Section 3 of this bill requires a school district that negotiates with an employee organization to increase the salaries of teachers and classified employees in a fiscal year to reserve for that fiscal year an amount of money sufficient to provide the agreed-upon increase in the salaries of licensed teachers and classified employees prescribed in such a program. Section 16 of this bill clarifies the manner in which the provisions of this bill apply to any existing contracts.

 


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      Existing law authorizes the board of county commissioners of certain counties to impose a sales and use tax for deposit in the county school district’s fund for capital projects. (NRS 377C.100) Section 5 of this bill authorizes the board of county commissioners of each county to impose, by two-thirds vote of the board or by a majority vote of the people at a primary, general or special election, a new sales and use tax at the rate of one-quarter of 1 percent of the gross receipts of retailers. Section 6 of this bill requires the proceeds of the tax to be deposited with the county treasurer. Section 8 of this bill authorizes the proceeds of the tax to be used to pay the cost of: (1) one or more programs of early childhood education; (2) one or more programs of adult education; (3) one or more programs to reduce truancy; (4) one or more programs to reduce homelessness; (5) certain matters relating to affordable housing; (6) incentives for the recruitment or retention of licensed teachers for high-vacancy schools; and (7) certain programs for workforce training. Sections 5-12 of this bill require the administration of any new sales and use tax in the same manner as the sales and use tax imposed by the Local School Support Tax Law, as set forth in chapter 374 of NRS.

      Section 13 of this bill makes an appropriation for a block grant to each school district and charter school for certain purposes.

      Existing law requires the Department of Education to determine the amount of money that each school district, charter school and university school for profoundly gifted pupils is required to expend during each fiscal year on textbooks, instructional supplies, instructional software and instructional hardware. (NRS 387.206) Existing law also authorizes the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils that is experiencing an economic hardship to submit a request to the Department for a waiver of all or a portion of the minimum expenditure requirements. (NRS 387.2065) Section 14 of this bill provides a temporary waiver for the 2019-2021 biennium from these requirements without requiring the school districts, charter schools or university schools for profoundly gifted pupils to submit a request for such a waiver.

      Existing law authorizes the Legislative Commission to direct the Legislative Auditor to make any special audit or investigation that in its judgment is proper and necessary to assist the Legislature in the proper discharge of its duties. (NRS 218G.120) Section 15 of this bill authorizes the Legislative Commission to request an allocation from the Contingency Account in the State General Fund to pay the costs of the Legislative Auditor to conduct a special audit or investigation of the school districts of this State.

 

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 387.121 is hereby amended to read as follows:

      387.121  1.  The Legislature declares that the proper objective of state financial aid to public education is to ensure each Nevada child a reasonably equal educational opportunity. Recognizing wide local variations in wealth and costs per pupil, this State should supplement local financial ability to whatever extent necessary in each school district to provide programs of instruction in both compulsory and elective subjects that offer full opportunity for every Nevada child to receive the benefit of the purposes for which public schools are maintained. Therefore, the quintessence of the State’s financial obligation for such programs can be expressed in a formula partially on a per pupil basis and partially on a per program basis as: State financial aid to school districts equals the difference between school district basic support guarantee and local available funds produced by mandatory taxes minus all the local funds attributable to pupils who reside in the county but attend a charter school or a university school for profoundly gifted pupils.

 


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taxes minus all the local funds attributable to pupils who reside in the county but attend a charter school or a university school for profoundly gifted pupils. This formula is designated the Nevada Plan.

      2.  It is the intent of the Legislature, commencing with Fiscal Year 2016-2017, to provide additional resources to the Nevada Plan expressed as a multiplier of the basic support guarantee to meet the unique needs of certain categories of pupils, including, without limitation, pupils with disabilities, pupils who are English learners, pupils who are at risk and gifted and talented pupils. As used in this subsection, “pupils who are at risk” means pupils who are eligible for free or reduced-price lunch pursuant to 42 U.S.C. งง 1751 et seq., or an alternative measure prescribed by the State Board of Education.

      3.  It is the intent of the Legislature, commencing with Fiscal Year 2019-2020, to promote transparency and accountability in state funding for public education by accounting for all state financial aid to public schools and projected local financial aid to public schools, both on a per pupil basis and on a per program basis, and expressing the total per pupil amount of all such support.

      Sec. 2. (Deleted by amendment.)

      Sec. 3. Chapter 391A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a school district negotiates with an employee organization pursuant to NRS 288.150 to increase the salary of employees for a fiscal year, the board of trustees of the school district shall reserve for that fiscal year an amount of money sufficient, when combined with any appropriation for that purpose and any money remaining in the account established pursuant to subsection 2, to carry out each such increase in the salary of an employee.

      2.  Except as otherwise provided in subsection 3, the money reserved by a board of trustees pursuant to subsection 1 and any money provided by appropriation to increase the salary of an employee of the school district who is subject to a negotiated increase in salary described in subsection 1 must be:

      (a) Accounted for separately by the school district.

      (b) Used only to pay an increase in salaries in accordance with subsection 1.

      3.  Any money reserved pursuant to subsection 1 for a fiscal year that remains in the account established pursuant to subsection 2 at the end of that fiscal year does not revert to the general fund of the school district, but must be carried forward to the next fiscal year and used only for the purpose of paying an increase in salaries negotiated between a school district and an employee organization pursuant to NRS 288.150 in subsequent fiscal years.

      4.  Any money reserved pursuant to subsection 1 must not be subtracted from the operating expenses of the school district for purposes of determining the budget of the school district for any other fiscal year.

      Sec. 4. Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 5 to 8, inclusive, of this act.

      Sec. 5. 1.  The board of county commissioners of each county may enact an ordinance imposing a tax at the rate of one-quarter of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county.

 


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property sold at retail, or stored, used or otherwise consumed in the county. An ordinance adopted pursuant to this section must be approved by:

      (a) A two-thirds majority of the members of the board of county commissioners; or

      (b) A majority of the registered voters of the county voting on the question at a primary, general or special election.

      2.  Any tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.

      3.  An ordinance enacted pursuant to this section must include provisions in substance as follows:

      (a) Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.

      (b) A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of the ordinance.

      (c) A provision that the county shall contract before the effective date of the ordinance with the Department to perform all functions incident to the administration or operation of the tax in the county.

      (d) A provision that a purchaser is entitled to a refund, in accordance with the provisions of NRS 374.635 to 374.720, inclusive, of the amount of the tax required to be paid that is attributable to the tax imposed upon the sale of, and the storage, use or other consumption in the county of, tangible personal property used for the performance of a written contract:

             (1) Entered into on or before the effective date of the tax; or

             (2) For the construction of an improvement to real property for which a binding bid was submitted before the effective date of the tax if the bid was afterward accepted,

if, under the terms of the contract or bid, the contract price or bid amount cannot be adjusted to reflect the imposition of the tax.

      (e) A provision that specifies the date on which the tax must first be imposed, which must be the first day of the first calendar quarter that begins at least 120 days after the effective date of the ordinance.

      Sec. 6. 1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid pursuant to this chapter must be paid to the Department in the form of remittances payable to the Department.

      2.  The Department shall deposit the payments in the State Treasury to the credit of the Sales and Use Tax Account in the State General Fund.

      3.  The State Controller, acting upon the collection data furnished by the Department, shall monthly:

      (a) Transfer from the Sales and Use Tax Account 1.75 percent of all fees, taxes, interest and penalties collected pursuant to this chapter during the preceding month to the appropriate account in the State General Fund as compensation to the State for the cost of collecting the tax.

      (b) Determine for each county an amount of money equal to any fees, taxes, interest and penalties collected in or for that county pursuant to this chapter during the preceding month, less the amount transferred to the State General Fund pursuant to paragraph (a).

      (c) Transfer the amount determined for each county to the Intergovernmental Fund and remit the money to the county treasurer to be held and expended for the purposes identified in section 8 of this act.

 


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      Sec. 7. The Department may redistribute any proceeds from any tax, interest or penalty collected pursuant to this chapter which is determined to be improperly distributed, but no such redistribution may be made as to amounts originally distributed more than 6 months before the date on which the Department obtains knowledge of the improper distribution.

      Sec. 8. 1.  The money received from any tax imposed pursuant to section 5 of this act and any applicable penalty or interest must be retained by the county, or remitted to a city or school district in the county, and must only be used to pay the cost of:

      (a) One or more programs of early childhood education operated by the county school district or any public school in the county school district;

      (b) One or more programs of adult education operated by the county school district or any public school in the county school district;

      (c) One or more programs to reduce truancy;

      (d) One or more programs to reduce homelessness;

      (e) The development or redevelopment of affordable housing or ensuring the availability or affordability of housing, including, without limitation, any infrastructure or services to support the development or redevelopment of affordable housing;

      (f) Incentives for the recruitment or retention of licensed teachers for high-vacancy schools in the county school district; and

      (g) One or more joint labor-management programs of workforce training in the hospitality industry.

      2.  If a public school ceases to be a high-vacancy school, the county school district in which the public school is located:

      (a) May continue to use the money received by the county school district from any tax imposed pursuant to section 5 of this act to pay incentives to licensed teachers at the public school pursuant to paragraph (f) of subsection 1 for the remainder of the school year in which the public school ceased to be a high-vacancy school; and

      (b) Shall not use the money received by the county school district from any tax imposed pursuant to section 5 of this act to pay incentives to licensed teachers at the public school pursuant to paragraph (f) of subsection 1 for any subsequent school year unless the public school newly qualifies as a high-vacancy school.

      3.  A county that receives money from a tax imposed pursuant to section 5 of this act, and any city or school district to which the money is remitted, must account separately for all such money. On or before November 1 of each year, each such county, city or school district shall prepare a report detailing how all money received from a tax imposed pursuant to section 5 of this act was spent during the immediately preceding fiscal year and submit the report to the Director of the Legislative Counsel Bureau for transmission to the next session of the Legislature, if the report is submitted in an even-numbered year, or to the Legislative Commission, if the report is submitted in an odd-numbered year.

      4.  As used in this section, “high-vacancy school” means a public school, other than a charter school, in which 10 percent or more of the classroom teacher positions at the public school are:

 


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      (a) Vacant for 20 consecutive days or more; or

      (b) Filled by a substitute teacher for 20 consecutive days or more in the same classroom or assignment.

      Sec. 9. NRS 360.2937 is hereby amended to read as follows:

      360.2937  1.  Except as otherwise provided in this section, NRS 360.320 or any other specific statute, and notwithstanding the provisions of NRS 360.2935, interest must be paid upon an overpayment of any tax provided for in chapter 362, 363A, 363B, 363C, 369, 370, 372, 372B, 374, 377, 377A or 377C of NRS, or sections 5 to 8, inclusive, of this act, any of the taxes provided for in NRS 372A.290, any fee provided for in NRS 444A.090 or 482.313, or any assessment provided for in NRS 585.497, at the rate of 0.25 percent per month from the last day of the calendar month following the period for which the overpayment was made.

      2.  No refund or credit may be made of any interest imposed on the person making the overpayment with respect to the amount being refunded or credited.

      3.  The interest must be paid:

      (a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if the person has not already filed a claim, is notified by the Department that a claim may be filed or the date upon which the claim is certified to the State Board of Examiners, whichever is earlier.

      (b) In the case of a credit, to the same date as that to which interest is computed on the tax or the amount against which the credit is applied.

      Sec. 10. NRS 360.300 is hereby amended to read as follows:

      360.300  1.  If a person fails to file a return or the Department is not satisfied with the return or returns of any tax, contribution or premium or amount of tax, contribution or premium required to be paid to the State by any person, in accordance with the applicable provisions of this chapter, chapter 360B, 362, 363A, 363B, 363C, 369, 370, 372, 372A, 372B, 374, 377, 377A, 377C or 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS, or sections 5 to 8, inclusive, of this act, as administered or audited by the Department, it may compute and determine the amount required to be paid upon the basis of:

      (a) The facts contained in the return;

      (b) Any information within its possession or that may come into its possession; or

      (c) Reasonable estimates of the amount.

      2.  One or more deficiency determinations may be made with respect to the amount due for one or for more than one period.

      3.  In making its determination of the amount required to be paid, the Department shall impose interest on the amount of tax determined to be due, calculated at the rate and in the manner set forth in NRS 360.417, unless a different rate of interest is specifically provided by statute.

      4.  The Department shall impose a penalty of 10 percent in addition to the amount of a determination that is made in the case of the failure of a person to file a return with the Department.

      5.  When a business is discontinued, a determination may be made at any time thereafter within the time prescribed in NRS 360.355 as to liability arising out of that business, irrespective of whether the determination is issued before the due date of the liability.

 


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2019 Statutes of Nevada, Page 3265 (CHAPTER 535, AB 309)

 

      Sec. 11. NRS 360.417 is hereby amended to read as follows:

      360.417  Except as otherwise provided in NRS 360.232 and 360.320, and unless a different penalty or rate of interest is specifically provided by statute, any person who fails to pay any tax provided for in chapter 362, 363A, 363B, 363C, 369, 370, 372, 372B, 374, 377, 377A, 377C, 444A or 585 of NRS, or sections 5 to 8, inclusive, of this act, any of the taxes provided for in NRS 372A.290, or any fee provided for in NRS 482.313, and any person or governmental entity that fails to pay any fee provided for in NRS 360.787, to the State or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee which is owed, as determined by the Department, in addition to the tax or fee, plus interest at the rate of 0.75 percent per month, or fraction of a month, from the last day of the month following the period for which the amount or any portion of the amount should have been reported until the date of payment. The amount of any penalty imposed must be based on a graduated schedule adopted by the Nevada Tax Commission which takes into consideration the length of time the tax or fee remained unpaid.

      Sec. 12. NRS 360.510 is hereby amended to read as follows:

      360.510  1.  If any person is delinquent in the payment of any tax or fee administered by the Department or if a determination has been made against the person which remains unpaid, the Department may:

      (a) Not later than 3 years after the payment became delinquent or the determination became final; or

      (b) Not later than 6 years after the last recording of an abstract of judgment or of a certificate constituting a lien for tax owed,

give a notice of the delinquency and a demand to transmit personally or by registered or certified mail to any person, including, without limitation, any officer or department of this State or any political subdivision or agency of this State, who has in his or her possession or under his or her control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent or person against whom a determination has been made which remains unpaid, or owing any debts to the delinquent or that person. In the case of any state officer, department or agency, the notice must be given to the officer, department or agency before the Department presents the claim of the delinquent taxpayer to the State Controller.

      2.  A state officer, department or agency which receives such a notice may satisfy any debt owed to it by that person before it honors the notice of the Department.

      3.  After receiving the demand to transmit, the person notified by the demand may not transfer or otherwise dispose of the credits, other personal property, or debts in his or her possession or under his or her control at the time the person received the notice until the Department consents to a transfer or other disposition.

      4.  Every person notified by a demand to transmit shall, within 10 days after receipt of the demand to transmit, inform the Department of and transmit to the Department all such credits, other personal property or debts in his or her possession, under his or her control or owing by that person within the time and in the manner requested by the Department. Except as otherwise provided in subsection 5, no further notice is required to be served to that person.

 


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2019 Statutes of Nevada, Page 3266 (CHAPTER 535, AB 309)

 

      5.  If the property of the delinquent taxpayer consists of a series of payments owed to him or her, the person who owes or controls the payments shall transmit the payments to the Department until otherwise notified by the Department. If the debt of the delinquent taxpayer is not paid within 1 year after the Department issued the original demand to transmit, the Department shall issue another demand to transmit to the person responsible for making the payments informing him or her to continue to transmit payments to the Department or that his or her duty to transmit the payments to the Department has ceased.

      6.  If the notice of the delinquency seeks to prevent the transfer or other disposition of a deposit in a bank or credit union or other credits or personal property in the possession or under the control of a bank, credit union or other depository institution, the notice must be delivered or mailed to any branch or office of the bank, credit union or other depository institution at which the deposit is carried or at which the credits or personal property is held.

      7.  If any person notified by the notice of the delinquency makes any transfer or other disposition of the property or debts required to be withheld or transmitted, to the extent of the value of the property or the amount of the debts thus transferred or paid, that person is liable to the State for any indebtedness due pursuant to this chapter, chapter 360B, 362, 363A, 363B, 363C, 369, 370, 372, 372A, 372B, 374, 377, 377A, 377C or 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS or sections 5 to 8, inclusive, of this act, from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition the State is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.

      Sec. 13.  1.  The Department of Education shall transfer the sums of money identified in this subsection from the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247 to school districts and the State Public Charter School Authority for block grants for the purposes described in subsection 2. The money must not be used for administrative expenditures of the Department of Education. The amount to be transferred for the fiscal year shown is:

 

                                                                              2019-2020            2020-2021

Carson City School District                                $321,107               $321,107

Churchill County School District                         129,882                 129,882

Clark County School District                           13,164,542            13,164,542

Douglas County School District                          233,145                 233,145

Elko County School District                                 393,004                 393,004

Esmeralda County School District                           2,822                     2,822

Eureka County School District                               10,870                   10,870

Humboldt County School District                       138,896                 138,896

Lander County School District                              40,094                   40,094

Lincoln County School District                             38,911                   38,911

Lyon County School District                               346,687                 346,687

Mineral County School District                             21,795                   21,795

Nye County School District                                 208,922                 208,922

Pershing County School District                           27,070                   27,070

Storey County School District                               17,403                   17,403

 


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2019 Statutes of Nevada, Page 3267 (CHAPTER 535, AB 309)

 

                                                                              2019-2020            2020-2021

Washoe County School District                     $2,691,893            $2,691,893

White Pine County School District                       49,030                   49,030

State Public Charter School Authority            1,471,904              1,471,904

 

      2.  The money received by each school district and the State Public Charter School Authority pursuant to subsection 1 may be used for any of the following purposes:

      (a) Providing incentives for new teachers;

      (b) Carrying out any of the purposes for which a school district or charter school may apply for a grant from the Nevada Ready 21 Technology Program created by NRS 388.810;

      (c) Carrying out any of the purposes for which a school district or charter school may apply for a grant from the Great Teaching and Leading Fund created by NRS 391A.500;

      (d) Carrying out any program to provide assistance to teachers in meeting the standards for effective teaching, including, without limitation, through peer assistance and review;

      (e) Purchasing library books;

      (f) Supporting pupil career and technical organizations; and

      (g) If the school district or charter school determines that the money received pursuant to subsection 1 would best be put to use by doing so, supporting the operations of the school district or charter school.

      3.  The money received by each school district and the State Public Charter School Authority pursuant to subsection 1:

      (a) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.

      (b) May not be used to adjust the district-wide schedule of salaries and benefits of the employees of a school district or the school-wide schedule of salaries and benefits of the employees of a charter school.

      (c) Must not be budgeted by a school district or charter school in a manner that creates any obligation or deficit for funding in any fiscal year after the fiscal years for which the money was received.

      4.  The money transferred pursuant to subsection 1 must be accounted for separately by each school district and the State Public Charter School Authority. On or before November 1 of each year, each school district and the State Public Charter School Authority shall prepare a report detailing how all money received pursuant to subsection 1 was spent during the immediately preceding fiscal year and submit the report to the Director of the Legislative Counsel Bureau for transmission to the next session of the Legislature, if the report is submitted in an even-numbered year, or to the Legislative Commission, if the report is submitted in an odd-numbered year.

      5.  The money transferred pursuant to subsection 1 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.

      6.  Any remaining balance of the transfer made by subsection 1 for Fiscal Year 2019-2020 must be added to the money transferred for Fiscal Year 2020-2021 and may be expended as that money is expended. Any remaining balance of the transfer made by subsection 1 for Fiscal Year 2020-2021, including any such money added from the previous fiscal year, must be used for the purposes identified in subsection 2 and does not revert to the State General Fund.

 


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2019 Statutes of Nevada, Page 3268 (CHAPTER 535, AB 309)

 

remaining balance of the transfer made by subsection 1 for Fiscal Year 2020-2021, including any such money added from the previous fiscal year, must be used for the purposes identified in subsection 2 and does not revert to the State General Fund.

      Sec. 14.  1.  Notwithstanding the provisions of NRS 387.206 to 387.207, inclusive, to the contrary for the 2019-2021 biennium:

      (a) The Department of Education is not required to comply with the provisions of NRS 387.206 to 387.2067, inclusive.

      (b) Each school district, charter school and university school for profoundly gifted pupils is not required to comply with the provisions governing the minimum amount of money that must be expended for each fiscal year in that biennium for textbooks, instructional supplies, instructional software and instructional hardware as prescribed pursuant to NRS 387.206 and is not required to submit a request for a waiver pursuant to NRS 387.2065. The:

             (1) Requirement to provide a written accounting of the use of the money as set forth in subsection 1 of NRS 387.2067; and

             (2) Restrictions on the use of the money that would have otherwise been expended by the school district, charter school or university school for profoundly gifted pupils to meet the requirements of NRS 387.206 as set forth in subsection 3 of NRS 387.2067,

apply during this period.

      (c) Each school district is not required to comply with the provisions governing the minimum amount of money that must be expended for each school year in that biennium for library books, software for computers, the purchase of equipment relating to instruction and the maintenance and repair of equipment, vehicles, and buildings and facilities as prescribed pursuant to NRS 387.207.

      2.  If, before July 1, 2019, the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils submitted a request for a waiver pursuant to NRS 387.2065 for a fiscal year during the 2019-2021 biennium, the Department of Education shall return the request to the applicant.

      Sec. 15.  1.  Notwithstanding the provisions of NRS 353.266, 353.268 and 353.269, if the Legislative Commission directs the Legislative Auditor to make a special audit or investigation of the 17 school districts pursuant to NRS 218G.120, the Interim Finance Committee may make an allocation from the Contingency Account in the State General Fund to cover the costs of the special audit or investigation.

      2.  Such a special audit or investigation may include, without limitation, for each school district in this State, an examination and analysis of:

      (a) The distribution of federal, state and local money to the school district and whether the methods of distribution ensure intradistrict equity.

      (b) Internal controls and compliance with laws, contracts and grant agreements in the following areas:

             (1) Human resources;

             (2) Fiscal operations relating to expenditures and distributions;

             (3) The salaries of teachers and other licensed educational personnel;

             (4) Per pupil spending; and

             (5) Fiscal monitoring.

 


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2019 Statutes of Nevada, Page 3269 (CHAPTER 535, AB 309)

 

      3.  The Superintendent of Public Instruction, the board of trustees of each school district and the superintendent of schools of each school district shall provide such information as is required by the Legislative Auditor to assist with the completion of such a special audit or investigation.

      4.  If such a special audit or investigation is directed by the Legislative Commission pursuant to NRS 218G.120, the Legislative Auditor shall, on or before January 31, 2021, prepare and present a final written report of the audit to the Audit Subcommittee of the Legislative Commission created by NRS 218E.240.

      Sec. 16.  The provisions of section 3 of this act apply to any contract existing on July 1, 2019, to the extent that the provisions of section 3 of this act do not conflict with the terms of such a contract and to the extent that a conflict exists, the provisions of the contract control.

      Sec. 17.  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. 18.  This act becomes effective on July 1, 2019.

________

CHAPTER 536, SB 545

Senate Bill No. 545–Committee on Finance

 

CHAPTER 536

 

[Approved: June 12, 2019]

 

AN ACT relating to state financial administration; revising the distribution of the proceeds of the excise tax on retail sales of marijuana and marijuana products; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law imposes a 10 percent excise tax on each retail sale of marijuana or marijuana products by a retail marijuana store in this State. Existing law requires that the revenues collected from that excise tax be deposited in the Account to Stabilize the Operation of the State Government, also known as the Rainy Day Fund, in the State General Fund. (NRS 372A.290) This bill requires instead that those revenues be deposited in the State Distributive School Account in the State General Fund.

 

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 372A.290 is hereby amended to read as follows:

      372A.290  1.  An excise tax is hereby imposed on each wholesale sale in this State of marijuana by a cultivation facility to another medical marijuana establishment at the rate of 15 percent of the fair market value at wholesale of the marijuana. The excise tax imposed pursuant to this subsection is the obligation of the cultivation facility.

 


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2019 Statutes of Nevada, Page 3270 (CHAPTER 536, SB 545)

 

      2.  An excise tax is hereby imposed on each retail sale in this State of marijuana or marijuana products by a retail marijuana store at the rate of 10 percent of the sales price of the marijuana or marijuana products. The excise tax imposed pursuant to this subsection:

      (a) Is the obligation of the retail marijuana store.

      (b) Is separate from and in addition to any general state and local sales and use taxes that apply to retail sales of tangible personal property.

      3.  The revenues collected from the excise tax imposed pursuant to subsection 1 must be distributed:

      (a) To the Department and to local governments in an amount determined to be necessary by the Department to pay the costs of the Department and local governments in carrying out the provisions of chapter 453A of NRS; and

      (b) If any money remains after the revenues are distributed pursuant to paragraph (a), to the State Treasurer to be deposited to the credit of the State Distributive School Account in the State General Fund.

      4.  For the purpose of subsection 3 and NRS 453D.510, a total amount of $5,000,000 of the revenues collected from the excise tax imposed pursuant to subsection 1 and the excise tax imposed pursuant to NRS 453D.500 in each fiscal year shall be deemed sufficient to pay the costs of all local governments to carry out the provisions of chapters 453A and 453D of NRS. The Department shall, by regulation, determine the manner in which local governments may be reimbursed for the costs of carrying out the provisions of chapters 453A and 453D of NRS.

      5.  The revenues collected from the excise tax imposed pursuant to subsection 2 must be paid over as collected to the State Treasurer to be deposited to the credit of the State Distributive School Account [to Stabilize the Operation of the State Government created] in the State General Fund . [pursuant to NRS 353.288.]

      6.  As used in this section:

      (a) “Local government” has the meaning ascribed to it in NRS 360.640.

      (b) “Marijuana products” has the meaning ascribed to it in NRS 453D.030.

      (c) “Medical marijuana establishment” has the meaning ascribed to it in NRS 453A.116.

      Sec. 2.  This act becomes effective on July 1, 2019.

________

 


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2019 Statutes of Nevada, Page 3271 (CHAPTER 536, SB 545)

 

EMERGENCY REQUEST of Senate Majority Leader

 

CHAPTER 537, SB 551

Senate Bill No. 551–Senator Cannizzaro

 

CHAPTER 537

 

[Approved: June 12, 2019]

 

AN ACT relating to state financial administration; eliminating certain duties of the Department of Taxation relating to the commerce tax and the payroll taxes imposed on certain businesses; continuing the existing legally operative rates of the payroll taxes imposed on certain businesses; revising provisions governing the credits against the payroll taxes imposed on certain businesses for taxpayers who donate money to a scholarship organization; eliminating the education savings accounts program; making appropriations for certain purposes relating to school safety and to provide supplemental support of the operation of the school districts; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law imposes an annual commerce tax on each business entity whose Nevada gross revenue in a fiscal year exceeds $4,000,000, with the rate of the commerce tax based on the industry in which the business entity is primarily engaged. (NRS 363C.200, 363C.300-363C.560) Existing law also imposes: (1) a payroll tax on financial institutions and on mining companies subject to the tax on the net proceeds of minerals, with the rate of the payroll tax set at 2 percent of the amount of the wages, as defined under existing law, paid by the financial institution or mining company during each calendar quarter in connection with its business activities; and (2) a payroll tax on other business entities, with the rate of the payroll tax set at 1.475 percent of the amount of the wages, as defined under existing law but excluding the first $50,000 thereof, paid by the business entity during each calendar quarter in connection with its business activities. (NRS 363A.130, 363B.110, 612.190) However, a business entity that pays both the payroll tax and the commerce tax is entitled to a credit against the payroll tax of a certain amount of the commerce tax paid by the business entity. (NRS 363A.130, 363B.110)

      Existing law further establishes a rate adjustment procedure that is used by the Department of Taxation to determine whether the rates of the payroll taxes should be reduced in future fiscal years under certain circumstances. Under the rate adjustment procedure, on or before September 30 of each even-numbered year, the Department must determine the combined revenue from the commerce tax and the payroll taxes for the preceding fiscal year. If that combined revenue exceeds a certain threshold amount, the Department must make additional calculations to determine future reduced rates for the payroll taxes. However, any future reduced rates for the payroll taxes do not go into effect and become legally operative until July 1 of the following odd-numbered year. (NRS 360.203) This rate adjustment procedure was enacted by the Legislature during the 2015 Legislative Session and became effective on July 1, 2015. (Sections 62 and 114 of chapter 487, Statutes of Nevada 2015, pp. 2896, 2955) Since July 1, 2015, no future reduced rates for the payroll taxes have gone into effect and become legally operative based on the rate adjustment procedure. As a result, the existing legally operative rates of the payroll taxes are still 2 percent and 1.475 percent, respectively. (NRS 363A.130, 363B.110)

      Section 39 of this bill eliminates the rate adjustment procedure used by the Department of Taxation to determine whether the rates of the payroll taxes should be reduced in any fiscal year. Section 37 of this bill maintains and continues the existing legally operative rates of the payroll taxes at 2 percent and 1.475 percent, respectively, without any changes or reductions in the rates of those taxes pursuant to the rate adjustment procedure for any fiscal year.

 


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2019 Statutes of Nevada, Page 3272 (CHAPTER 537, SB 551)

 

legally operative rates of the payroll taxes at 2 percent and 1.475 percent, respectively, without any changes or reductions in the rates of those taxes pursuant to the rate adjustment procedure for any fiscal year. Section 37 also provides that the Department must not apply or use the rate adjustment procedure to determine any future reduced rates for the payroll taxes for any fiscal year. Sections 2 and 3 of this bill make conforming changes.

      Existing law establishes a credit against the payroll tax paid by certain businesses equal to an amount which is approved by the Department and which must not exceed the amount of any donation of money which is made by a taxpayer to a scholarship organization that provides grants on behalf of pupils who are members of a household with a household income which is not more than 300 percent of the federally designated level signifying poverty to attend schools in this State, including private schools, chosen by the parents or legal guardians of those pupils (NRS 363A.130, 363B.110) Under existing law, the Department: (1) is required to approve or deny applications for the tax credit in the order in which the applications are received by the Department; and (2) is authorized to approve applications for each fiscal year until the amount of tax credits approved for the fiscal year is the amount authorized by statute for that fiscal year. Assembly Bill No. 458 of this legislative session establishes that for Fiscal Years 2019-2020 and 2020-2021, the amount authorized is $6,655,000 for each fiscal year. Sections 2.5 and 3.5 of this bill authorize the Department to approve, in addition to the amount of credits authorized for Fiscal Years 2019-2020 and 2020-2021, an amount of tax credits equal to $4,745,000 for each of those fiscal years. Section 30.75 of this bill: (1) prohibits a scholarship organization from using a donation for which the donor received a tax credit to provide a grant on behalf of a pupil unless the scholarship organization used a donation for which the donor received a tax credit to provide a grant on behalf of the pupil for the immediately preceding scholarship year or reasonably expects to provide a grant of the same amount on behalf of the pupil for each school year until the pupil graduates from high school; and (2) requires a scholarship organization to repay the amount of any tax credit approved by the Department if the scholarship organization violates this provision.

      Senate Bill No. 302 (S.B. 302) of the 78th Session of the Nevada Legislature established the education savings accounts program, pursuant to which grants of money are made to certain parents on behalf of their children to defray the cost of instruction outside the public school system. (Chapter 332, Statutes of Nevada 2015, p. 1824; NRS 353B.700-353B.930) Following a legal challenge of S.B. 302, the Nevada Supreme Court held in Schwartz v. Lopez, 132 Nev. 732 (2016), that the legislation was valid under Section 2 of Article 11 of the Nevada Constitution, which requires a uniform system of common schools, and under Section 10 of Article 11 of the Nevada Constitution, which prohibits the use of public money for a sectarian purpose. However, the Nevada Supreme Court found that the Legislature did not make an appropriation for the support of the education savings accounts program and held that the use of any money appropriated for K-12 public education for the education savings accounts program would violate Sections 2 and 6 of Article 11 of the Nevada Constitution. The Court enjoined enforcement of section 16 of S.B. 302, which amended NRS 387.124 to require that all money deposited in education savings accounts be subtracted from each school district’s quarterly apportionments from the State Distributive School Account. Because the Court has enjoined this provision of law and the Legislature has not made an appropriation for the support of the education savings accounts program, the education savings accounts program is not operating. Section 39.5 of this bill eliminates the education savings accounts program. Sections 30.1-30.7 and 30.8-30.95 of this bill make conforming changes related to the elimination of the education savings accounts program.

      Section 31 of this bill makes an appropriation for the costs of school safety facility improvements. Section 36.5 of this bill makes an appropriation to provide supplemental support to the operations of the school districts of this State, distributed in amounts based on the 2018 enrollment of the school districts of this State.

 


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2019 Statutes of Nevada, Page 3273 (CHAPTER 537, SB 551)

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 2. NRS 363A.130 is hereby amended to read as follows:

      363A.130  1.  [Except as otherwise provided in NRS 360.203, there] There is hereby imposed an excise tax on each employer at the rate of 2 percent of the wages, as defined in NRS 612.190, paid by the employer during a calendar quarter with respect to employment in connection with the business activities of the employer.

      2.  The tax imposed by this section:

      (a) Does not apply to any person or other entity or any wages this State is prohibited from taxing under the Constitution, laws or treaties of the United States or the Nevada Constitution.

      (b) Must not be deducted, in whole or in part, from any wages of persons in the employment of the employer.

      3.  Each employer shall, on or before the last day of the month immediately following each calendar quarter for which the employer is required to pay a contribution pursuant to NRS 612.535:

      (a) File with the Department a return on a form prescribed by the Department; and

      (b) Remit to the Department any tax due pursuant to this section for that calendar quarter.

      4.  In determining the amount of the tax due pursuant to this section, an employer is entitled to subtract from the amount calculated pursuant to subsection 1 a credit in an amount equal to 50 percent of the amount of the commerce tax paid by the employer pursuant to chapter 363C of NRS for the preceding taxable year. The credit may only be used for any of the 4 calendar quarters immediately following the end of the taxable year for which the commerce tax was paid. The amount of credit used for a calendar quarter may not exceed the amount calculated pursuant to subsection 1 for that calendar quarter. Any unused credit may not be carried forward beyond the fourth calendar quarter immediately following the end of the taxable year for which the commerce tax was paid, and a taxpayer is not entitled to a refund of any unused credit.

      5.  An employer who makes a donation of money to a scholarship organization during the calendar quarter for which a return is filed pursuant to this section is entitled, in accordance with NRS 363A.139, to a credit equal to the amount authorized pursuant to NRS 363A.139 against any tax otherwise due pursuant to this section. As used in this subsection, “scholarship organization” has the meaning ascribed to it in NRS 388D.260.

      Sec. 2.5. NRS 363A.139 is hereby amended to read as follows:

      363A.139  1.  Any taxpayer who is required to pay a tax pursuant to NRS 363A.130 may receive a credit against the tax otherwise due for any donation of money made by the taxpayer to a scholarship organization in the manner provided by this section.

      2.  To receive the credit authorized by subsection 1, a taxpayer who intends to make a donation of money to a scholarship organization must, before making such a donation, notify the scholarship organization of the taxpayer’s intent to make the donation and to seek the credit authorized by subsection 1.

 


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2019 Statutes of Nevada, Page 3274 (CHAPTER 537, SB 551)

 

subsection 1. A scholarship organization shall, before accepting any such donation, apply to the Department of Taxation for approval of the credit authorized by subsection 1 for the donation. The Department of Taxation shall, within 20 days after receiving the application, approve or deny the application and provide to the scholarship organization notice of the decision and, if the application is approved, the amount of the credit authorized. Upon receipt of notice that the application has been approved, the scholarship organization shall provide notice of the approval to the taxpayer who must, not later than 30 days after receiving the notice, make the donation of money to the scholarship organization. If the taxpayer does not make the donation of money to the scholarship organization within 30 days after receiving the notice, the scholarship organization shall provide notice of the failure to the Department of Taxation and the taxpayer forfeits any claim to the credit authorized by subsection 1.

      3.  The Department of Taxation shall approve or deny applications for the credit authorized by subsection 1 in the order in which the applications are received.

      4.  Except as otherwise provided in subsection 5, the Department of Taxation may, for each fiscal year, approve applications for the credit authorized by subsection 1 until the total amount of the credits authorized by subsection 1 and approved by the Department of Taxation pursuant to this subsection is:

      (a) For Fiscal Year 2015-2016, $5,000,000;

      (b) For Fiscal Year 2016-2017, $5,500,000; and

      (c) For each succeeding fiscal year, an amount equal to 110 percent of the amount authorized for the immediately preceding fiscal year.

The amount of any credit which is forfeited pursuant to subsection 2 must not be considered in calculating the amount of credits authorized for any fiscal year.

      5.  [In] Except as otherwise provided in this subsection, in addition to the amount of credits authorized by subsection 4 for Fiscal [Year 2017-2018,] Years 2019-2020 and 2020-2021, the Department of Taxation may approve applications for the credit authorized by subsection 1 for [that] each of those fiscal [year] years until the total amount of the credits authorized by subsection 1 and approved by the Department of Taxation pursuant to this subsection and subsection 5 of NRS 363B.119 is [$20,000,000.] $4,745,000. The provisions of paragraph (c) of subsection 4 do not apply to the amount of credits authorized by this subsection and the amount of credits authorized by this subsection must not be considered when determining the amount of credits authorized for a fiscal year pursuant to that paragraph. If, in Fiscal Year [2017-2018,] 2019-2020 or 2020-2021, the amount of credits authorized by subsection 1 and approved pursuant to this subsection is less than [$20,000,000,] $4,745,000, the remaining amount of credits pursuant to this subsection must be carried forward and made available for approval during subsequent fiscal years until the total amount of credits authorized by subsection 1 and approved pursuant to this subsection is equal to [$20,000,000.] $9,490,000. The amount of any credit which is forfeited pursuant to subsection 2 must not be considered in calculating the amount of credits authorized pursuant to this subsection.

      6.  If a taxpayer applies to and is approved by the Department of Taxation for the credit authorized by subsection 1, the amount of the credit provided by this section is equal to the amount approved by the Department of Taxation pursuant to subsection 2, which must not exceed the amount of the donation made by the taxpayer to a scholarship organization.

 


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of Taxation pursuant to subsection 2, which must not exceed the amount of the donation made by the taxpayer to a scholarship organization. The total amount of the credit applied against the taxes described in subsection 1 and otherwise due from a taxpayer must not exceed the amount of the donation.

      7.  If the amount of the tax described in subsection 1 and otherwise due from a taxpayer is less than the credit to which the taxpayer is entitled pursuant to this section, the taxpayer may, after applying the credit to the extent of the tax otherwise due, carry the balance of the credit forward for not more than 5 years after the end of the calendar year in which the donation is made or until the balance of the credit is applied, whichever is earlier.

      8.  As used in this section, “scholarship organization” has the meaning ascribed to it in NRS 388D.260.

      Sec. 3. NRS 363B.110 is hereby amended to read as follows:

      363B.110  1.  [Except as otherwise provided in NRS 360.203, there] There is hereby imposed an excise tax on each employer at the rate of 1.475 percent of the amount by which the sum of all the wages, as defined in NRS 612.190, paid by the employer during a calendar quarter with respect to employment in connection with the business activities of the employer exceeds $50,000.

      2.  The tax imposed by this section:

      (a) Does not apply to any person or other entity or any wages this State is prohibited from taxing under the Constitution, laws or treaties of the United States or the Nevada Constitution.

      (b) Must not be deducted, in whole or in part, from any wages of persons in the employment of the employer.

      3.  Each employer shall, on or before the last day of the month immediately following each calendar quarter for which the employer is required to pay a contribution pursuant to NRS 612.535:

      (a) File with the Department a return on a form prescribed by the Department; and

      (b) Remit to the Department any tax due pursuant to this chapter for that calendar quarter.

      4.  In determining the amount of the tax due pursuant to this section, an employer is entitled to subtract from the amount calculated pursuant to subsection 1 a credit in an amount equal to 50 percent of the amount of the commerce tax paid by the employer pursuant to chapter 363C of NRS for the preceding taxable year. The credit may only be used for any of the 4 calendar quarters immediately following the end of the taxable year for which the commerce tax was paid. The amount of credit used for a calendar quarter may not exceed the amount calculated pursuant to subsection 1 for that calendar quarter. Any unused credit may not be carried forward beyond the fourth calendar quarter immediately following the end of the taxable year for which the commerce tax was paid, and a taxpayer is not entitled to a refund of any unused credit.

      5.  An employer who makes a donation of money to a scholarship organization during the calendar quarter for which a return is filed pursuant to this section is entitled, in accordance with NRS 363B.119, to a credit equal to the amount authorized pursuant to NRS 363B.119 against any tax otherwise due pursuant to this section. As used in this subsection, “scholarship organization” has the meaning ascribed to it in NRS 388D.260.

 


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      Sec. 3.5.NRS 363B.119 is hereby amended to read as follows:

      363B.119  1.  Any taxpayer who is required to pay a tax pursuant to NRS 363B.110 may receive a credit against the tax otherwise due for any donation of money made by the taxpayer to a scholarship organization in the manner provided by this section.

      2.  To receive the credit authorized by subsection 1, a taxpayer who intends to make a donation of money to a scholarship organization must, before making such a donation, notify the scholarship organization of the taxpayer’s intent to make the donation and to seek the credit authorized by subsection 1. A scholarship organization shall, before accepting any such donation, apply to the Department of Taxation for approval of the credit authorized by subsection 1 for the donation. The Department of Taxation shall, within 20 days after receiving the application, approve or deny the application and provide to the scholarship organization notice of the decision and, if the application is approved, the amount of the credit authorized. Upon receipt of notice that the application has been approved, the scholarship organization shall provide notice of the approval to the taxpayer who must, not later than 30 days after receiving the notice, make the donation of money to the scholarship organization. If the taxpayer does not make the donation of money to the scholarship organization within 30 days after receiving the notice, the scholarship organization shall provide notice of the failure to the Department of Taxation and the taxpayer forfeits any claim to the credit authorized by subsection 1.

      3.  The Department of Taxation shall approve or deny applications for the credit authorized by subsection 1 in the order in which the applications are received.

      4.  Except as otherwise provided in subsection 5, the Department of Taxation may, for each fiscal year, approve applications for the credit authorized by subsection 1 until the total amount of the credits authorized by subsection 1 and approved by the Department of Taxation pursuant to this subsection is:

      (a) For Fiscal Year 2015-2016, $5,000,000;

      (b) For Fiscal Year 2016-2017, $5,500,000; and

      (c) For each succeeding fiscal year, an amount equal to 110 percent of the amount authorized for the immediately preceding fiscal year.

The amount of any credit which is forfeited pursuant to subsection 2 must not be considered in calculating the amount of credits authorized for any fiscal year.

      5.  In addition to the amount of credits authorized by subsection 4 for Fiscal [Year 2017-2018,] Years 2019-2020 and 2020-2021, the Department of Taxation may approve applications for the credit authorized by subsection 1 for [that] each of those fiscal [year] years until the total amount of the credits authorized by subsection 1 and approved by the Department of Taxation pursuant to this subsection and subsection 5 of NRS 363A.139 is [$20,000,000.] $4,745,000. The provisions of paragraph (c) of subsection 4 do not apply to the amount of credits authorized by this subsection and the amount of credits authorized by this subsection must not be considered when determining the amount of credits authorized for a fiscal year pursuant to that paragraph. If, in Fiscal Year [2017-2018,] 2019-2020 or 2020-2021, the amount of credits authorized by subsection 1 and approved pursuant to this subsection is less than [$20,000,000,] $4,745,000, the remaining amount of credits pursuant to this subsection must be carried forward and made available for approval during subsequent fiscal years until the total amount of credits authorized by subsection 1 and approved pursuant to this subsection is equal to [$20,000,000.]

 


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available for approval during subsequent fiscal years until the total amount of credits authorized by subsection 1 and approved pursuant to this subsection is equal to [$20,000,000.] $9,490,000. The amount of any credit which is forfeited pursuant to subsection 2 must not be considered in calculating the amount of credits authorized pursuant to this subsection.

      6.  If a taxpayer applies to and is approved by the Department of Taxation for the credit authorized by subsection 1, the amount of the credit provided by this section is equal to the amount approved by the Department of Taxation pursuant to subsection 2, which must not exceed the amount of the donation made by the taxpayer to a scholarship organization. The total amount of the credit applied against the taxes described in subsection 1 and otherwise due from a taxpayer must not exceed the amount of the donation.

      7.  If the amount of the tax described in subsection 1 and otherwise due from a taxpayer is less than the credit to which the taxpayer is entitled pursuant to this section, the taxpayer may, after applying the credit to the extent of the tax otherwise due, carry the balance of the credit forward for not more than 5 years after the end of the calendar year in which the donation is made or until the balance of the credit is applied, whichever is earlier.

      8.  As used in this section, “scholarship organization” has the meaning ascribed to it in NRS 388D.260.

      Secs. 4-30. (Deleted by amendment.)

      Sec. 30.1. NRS 219A.140 is hereby amended to read as follows:

      219A.140  1.  To be eligible to serve on the Youth Legislature, a person:

      (a) Must be:

             (1) A resident of the senatorial district of the Senator who appoints him or her;

             (2) Enrolled in a public school or private school located in the senatorial district of the Senator who appoints him or her; or

             (3) A homeschooled child [or opt-in child] who is otherwise eligible to be enrolled in a public school in the senatorial district of the Senator who appoints him or her;

      (b) Except as otherwise provided in subsection 3 of NRS 219A.150, must be:

             (1) Enrolled in a public school or private school in this State in grade 9, 10 or 11 for the first school year of the term for which he or she is appointed; or

             (2) A homeschooled child [or opt-in child] who is otherwise eligible to enroll in a public school in this State in grade 9, 10 or 11 for the first school year of the term for which he or she is appointed; and

      (c) Must not be related by blood, adoption or marriage within the third degree of consanguinity or affinity to the Senator who appoints him or her or to any member of the Assembly who collaborated to appoint him or her.

      2.  If, at any time, a person appointed to the Youth Legislature changes his or her residency or changes his or her school of enrollment in such a manner as to render the person ineligible under his or her original appointment, the person shall inform the Board, in writing, within 30 days after becoming aware of such changed facts.

      3.  A person who wishes to be appointed or reappointed to the Youth Legislature must submit an application on the form prescribed pursuant to subsection 4 to the Senator of the senatorial district in which the person resides, is enrolled in a public school or private school or, if the person is a homeschooled child , [or opt-in child,] the senatorial district in which he or she is otherwise eligible to be enrolled in a public school.

 


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homeschooled child , [or opt-in child,] the senatorial district in which he or she is otherwise eligible to be enrolled in a public school. A person may not submit an application to more than one Senator in a calendar year.

      4.  The Board shall prescribe a form for applications submitted pursuant to this section, which must require the signature of the principal of the school in which the applicant is enrolled or, if the applicant is a homeschooled child , [or opt-in child,] the signature of a member of the community in which the applicant resides other than a relative of the applicant.

      Sec. 30.15. NRS 219A.150 is hereby amended to read as follows:

      219A.150  1.  A position on the Youth Legislature becomes vacant upon:

      (a) The death or resignation of a member.

      (b) The absence of a member for any reason from:

             (1) Two meetings of the Youth Legislature, including, without limitation, meetings conducted in person, meetings conducted by teleconference, meetings conducted by videoconference and meetings conducted by other electronic means;

             (2) Two activities of the Youth Legislature;

             (3) Two event days of the Youth Legislature; or

             (4) Any combination of absences from meetings, activities or event days of the Youth Legislature, if the combination of absences therefrom equals two or more,

unless the absences are, as applicable, excused by the Chair or Vice Chair of the Board.

      (c) A change of residency or a change of the school of enrollment of a member which renders that member ineligible under his or her original appointment.

      2.  In addition to the provisions of subsection 1, a position on the Youth Legislature becomes vacant if:

      (a) A member of the Youth Legislature graduates from high school or otherwise ceases to attend public school or private school for any reason other than to become a homeschooled child ; [or opt-in child;] or

      (b) A member of the Youth Legislature who is a homeschooled child [or opt-in child] completes an educational plan of instruction for grade 12 or otherwise ceases to be a homeschooled child [or opt-in child] for any reason other than to enroll in a public school or private school.

      3.  A vacancy on the Youth Legislature must be filled:

      (a) For the remainder of the unexpired term in the same manner as the original appointment, except that, if the remainder of the unexpired term is less than 1 year, the member of the Senate who made the original appointment may appoint a person who:

             (1) Is enrolled in a public school or private school in this State in grade 12 or who is a homeschooled child [or opt-in child] who is otherwise eligible to enroll in a public school in this State in grade 12; and

             (2) Satisfies the qualifications set forth in paragraphs (a) and (c) of subsection 1 of NRS 219A.140.

      (b) Insofar as is practicable, within 30 days after the date on which the vacancy occurs.

      4.  As used in this section, “event day” means any single calendar day on which an official, scheduled event of the Youth Legislature is held, including, without limitation, a course of instruction, a course of orientation, a meeting, a seminar or any other official, scheduled activity.

 


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      Sec. 30.2. 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. ง 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.

      [8.]7.  “School bus” has the meaning ascribed to it in NRS 484A.230.

      [9.]8.  “State Board” means the State Board of Education.

      [10.]9.  “University school for profoundly gifted pupils” has the meaning ascribed to it in NRS 388C.040.

      Sec. 30.25. NRS 385B.060 is hereby amended to read as follows:

      385B.060  1.  The Nevada Interscholastic Activities Association shall adopt rules and regulations in the manner provided for state agencies by chapter 233B of NRS as may be necessary to carry out the provisions of this chapter. The regulations must include provisions governing the eligibility and participation of homeschooled children [and opt-in children] in interscholastic activities and events. In addition to the regulations governing eligibility [:

      (a) A] , a homeschooled child who wishes to participate must have on file with the school district in which the child resides a current notice of intent of a homeschooled child to participate in programs and activities pursuant to NRS 388D.070.

      [(b) An opt-in child who wishes to participate must have on file with the school district in which the child resides a current notice of intent of an opt-in child to participate in programs and activities pursuant to NRS 388D.140.]

      2.  The Nevada Interscholastic Activities Association shall adopt regulations setting forth:

      (a) The standards of safety for each event, competition or other activity engaged in by a spirit squad of a school that is a member of the Nevada Interscholastic Activities Association, which must substantially comply with the spirit rules of the National Federation of State High School Associations, or its successor organization; and

      (b) The qualifications required for a person to become a coach of a spirit squad.

 


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      3.  If the Nevada Interscholastic Activities Association intends to adopt, repeal or amend a policy, rule or regulation concerning or affecting homeschooled children, the Association shall consult with the Northern Nevada Homeschool Advisory Council and the Southern Nevada Homeschool Advisory Council, or their successor organizations, to provide those Councils with a reasonable opportunity to submit data, opinions or arguments, orally or in writing, concerning the proposal or change. The Association shall consider all written and oral submissions respecting the proposal or change before taking final action.

      4.  As used in this section, “spirit squad” means any team or other group of persons that is formed for the purpose of:

      (a) Leading cheers or rallies to encourage support for a team that participates in a sport that is sanctioned by the Nevada Interscholastic Activities Association; or

      (b) Participating in a competition against another team or other group of persons to determine the ability of each team or group of persons to engage in an activity specified in paragraph (a).

      Sec. 30.3. NRS 385B.150 is hereby amended to read as follows:

      385B.150  1.  A homeschooled child must be allowed to participate in interscholastic activities and events in accordance with the regulations adopted by the Nevada Interscholastic Activities Association pursuant to NRS 385B.060 if a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district in which the child resides for the current school year pursuant to NRS 388D.070.

      2.  [An opt-in child must be allowed to participate in interscholastic activities and events in accordance with the regulations adopted by the Nevada Interscholastic Activities Association pursuant to NRS 385B.060 if a notice of intent of an opt-in child to participate in programs and activities is filed for the child with the school district in which the child resides for the current school year pursuant to NRS 388D.140.

      3.]  The provisions of this chapter and the regulations adopted pursuant thereto that apply to pupils enrolled in public schools who participate in interscholastic activities and events apply in the same manner to homeschooled children [and opt-in children] who participate in interscholastic activities and events, including, without limitation, provisions governing:

      (a) Eligibility and qualifications for participation;

      (b) Fees for participation;

      (c) Insurance;

      (d) Transportation;

      (e) Requirements of physical examination;

      (f) Responsibilities of participants;

      (g) Schedules of events;

      (h) Safety and welfare of participants;

      (i) Eligibility for awards, trophies and medals;

      (j) Conduct of behavior and performance of participants; and

      (k) Disciplinary procedures.

      Sec. 30.35. NRS 385B.160 is hereby amended to read as follows:

      385B.160  No challenge may be brought by the Nevada Interscholastic Activities Association, a school district, a public school or a private school, a parent or guardian of a pupil enrolled in a public school or a private school, a pupil enrolled in a public school or private school, or any other entity or person claiming that an interscholastic activity or event is invalid because homeschooled children [or opt-in children] are allowed to participate in the interscholastic activity or event.

 


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person claiming that an interscholastic activity or event is invalid because homeschooled children [or opt-in children] are allowed to participate in the interscholastic activity or event.

      Sec. 30.4. NRS 385B.170 is hereby amended to read as follows:

      385B.170  A school district, public school or private school shall not prescribe any regulations, rules, policies, procedures or requirements governing the:

      1.  Eligibility of homeschooled children [or opt-in children] to participate in interscholastic activities and events pursuant to this chapter; or

      2.  Participation of homeschooled children [or opt-in children] in interscholastic activities and events pursuant to this chapter,

that are more restrictive than the provisions governing eligibility and participation prescribed by the Nevada Interscholastic Activities Association pursuant to NRS 385B.060.

      Sec. 30.45. NRS 387.045 is hereby amended to read as follows:

      387.045  [Except as otherwise provided in NRS 353B.700 to 353B.930, inclusive:]

      1.  No portion of the public school funds or of the money specially appropriated for the purpose of public schools shall be devoted to any other object or purpose.

      2.  No portion of the public school funds shall in any way be segregated, divided or set apart for the use or benefit of any sectarian or secular society or association.

      Sec. 30.5. NRS 387.1223 is hereby amended to read as follows:

      387.1223  1.  On or before October 1, January 1, April 1 and July 1, each school district shall report to the Department, in the form prescribed by the Department, the average daily enrollment of pupils pursuant to this section for the immediately preceding quarter of the school year.

      2.  Except as otherwise provided in subsection 3, basic support of each school district must be computed by:

      (a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:

             (1) The count of pupils enrolled in kindergarten and grades 1 to 12, inclusive, based on the average daily enrollment of those pupils during the quarter, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school and the count of pupils who are enrolled in a university school for profoundly gifted pupils located in the county.

             (2) The count of pupils not included under subparagraph (1) who are enrolled full-time in a program of distance education provided by that school district, a charter school located within that school district or a university school for profoundly gifted pupils, based on the average daily enrollment of those pupils during the quarter.

             (3) The count of pupils who reside in the county and are enrolled:

                   (I) In a public school of the school district and are concurrently enrolled part-time in a program of distance education provided by another school district or a charter school , [or receiving a portion of his or her instruction from a participating entity, as defined in NRS 353B.750,] based on the average daily enrollment of those pupils during the quarter.

                   (II) In a charter school and are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school , [or receiving a portion of his or her instruction from a participating entity, as defined in NRS 353B.750,] based on the average daily enrollment of those pupils during the quarter.

 


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participating entity, as defined in NRS 353B.750,] based on the average daily enrollment of those pupils during the quarter.

             (4) The count of pupils not included under subparagraph (1), (2) or (3), who are receiving special education pursuant to the provisions of NRS 388.417 to 388.469, inclusive, and 388.5251 to 388.5267, inclusive, based on the average daily enrollment of those pupils during the quarter and excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to NRS 388.435.

             (5) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to NRS 388.435, based on the average daily enrollment of those pupils during the quarter.

             (6) The count of children detained in facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570, based on the average daily enrollment of those pupils during the quarter.

             (7) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 1 of NRS 388A.471, subsection 1 of NRS 388A.474, subsection 1 of NRS 392.074, or subsection 1 of NRS 388B.280 or any regulations adopted pursuant to NRS 388B.060 that authorize a child who is enrolled at a public school of a school district or a private school or a homeschooled child to participate in a class at an achievement charter school, based on the average daily enrollment of pupils during the quarter and expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (1).

      (b) Adding the amounts computed in paragraph (a).

      3.  Except as otherwise provided in subsection 4, if the enrollment of pupils in a school district or a charter school that is located within the school district based on the average daily enrollment of pupils during the quarter of the school year is less than or equal to 95 percent of the enrollment of pupils in the same school district or charter school based on the average daily enrollment of pupils during the same quarter of the immediately preceding school year, the enrollment of pupils during the same quarter of the immediately preceding school year must be used for purposes of making the quarterly apportionments from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.

      4.  If the Department determines that a school district or charter school deliberately causes a decline in the enrollment of pupils in the school district or charter school to receive a higher apportionment pursuant to subsection 3, including, without limitation, by eliminating grades or moving into smaller facilities, the enrollment number from the current school year must be used for purposes of apportioning money from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.

      5.  The Department shall prescribe a process for reconciling the quarterly reports submitted pursuant to subsection 1 to account for pupils who leave the school district or a public school during the school year.

      6.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.

      7.  Pupils who are incarcerated in a facility or institution operated by the Department of Corrections must not be counted for the purpose of computing basic support pursuant to this section.

 


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basic support pursuant to this section. The average daily attendance for such pupils must be reported to the Department of Education.

      8.  Pupils who are enrolled in courses which are approved by the Department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section.

      Sec. 30.55. NRS 387.124 is hereby amended to read as follows:

      387.124  Except as otherwise provided in this section and NRS 387.1241, 387.1242 and 387.528:

      1.  On or before August 1, November 1, February 1 and May 1 of each year, the Superintendent of Public Instruction shall apportion the State Distributive School Account in the State General Fund among the several county school districts, charter schools and university schools for profoundly gifted pupils in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. Except as otherwise provided in NRS 387.1244, the apportionment to a school district, computed on a yearly basis, equals the difference between the basic support and the local funds available pursuant to NRS 387.163, minus all the funds attributable to pupils who reside in the county but attend a charter school, all the funds attributable to pupils who reside in the county and are enrolled full-time or part-time in a program of distance education provided by another school district or a charter school [,] and all the funds attributable to pupils who are enrolled in a university school for profoundly gifted pupils located in the county . [and all the funds deposited in education savings accounts established on behalf of children who reside in the county pursuant to NRS 353B.700 to 353B.930, inclusive.] No apportionment may be made to a school district if the amount of the local funds exceeds the amount of basic support.

      2.  Except as otherwise provided in NRS 387.1244, in addition to the apportionments made pursuant to this section, if a pupil is enrolled part-time in a program of distance education and part-time in a:

      (a) Public school other than a charter school, an apportionment must be made to the school district in which the pupil resides. The school district in which the pupil resides shall allocate a percentage of the apportionment to the school district or charter school that provides the program of distance education in the amount set forth in the agreement entered into pursuant to NRS 388.854.

      (b) Charter school, an apportionment must be made to the charter school in which the pupil is enrolled. The charter school in which the pupil is enrolled shall allocate a percentage of the apportionment to the school district or charter school that provides the program of distance education in the amount set forth in the agreement entered into pursuant to NRS 388.858.

      3.  The Superintendent of Public Instruction shall apportion, on or before August 1 of each year, the money designated as the “Nutrition State Match” pursuant to NRS 387.105 to those school districts that participate in the National School Lunch Program, 42 U.S.C. งง 1751 et seq. The apportionment to a school district must be directly related to the district’s reimbursements for the Program as compared with the total amount of reimbursements for all school districts in this State that participate in the Program.

      4.  If the State Controller finds that such an action is needed to maintain the balance in the State General Fund at a level sufficient to pay the other appropriations from it, the State Controller may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve.

 


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appropriations from it, the State Controller may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve. If such action is needed, the State Controller shall submit a report to the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau documenting reasons for the action.

      Sec. 30.6. NRS 388.850 is hereby amended to read as follows:

      388.850  1.  A pupil may enroll in a program of distance education unless:

      (a) Pursuant to this section or other specific statute, the pupil is not eligible for enrollment or the pupil’s enrollment is otherwise prohibited;

      (b) The pupil fails to satisfy the qualifications and conditions for enrollment adopted by the State Board pursuant to NRS 388.874; or

      (c) The pupil fails to satisfy the requirements of the program of distance education.

      2.  A child who is exempt from compulsory attendance and is enrolled in a private school pursuant to chapter 394 of NRS or is being homeschooled is not eligible to enroll in or otherwise attend a program of distance education, regardless of whether the child is otherwise eligible for enrollment pursuant to subsection 1.

      3.  [An opt-in child who is exempt from compulsory attendance is not eligible to enroll in or otherwise attend a program of distance education, regardless of whether the child is otherwise eligible for enrollment pursuant to subsection 1, unless the opt-in child receives only a portion of his or her instruction from a participating entity as authorized pursuant to NRS 353B.850.

      4.]  If a pupil who is prohibited from attending public school pursuant to NRS 392.264 enrolls in a program of distance education, the enrollment and attendance of that pupil must comply with all requirements of NRS 62F.100 to 62F.150, inclusive, and 392.251 to 392.271, inclusive.

      Sec. 30.65. NRS 388A.471 is hereby amended to read as follows:

      388A.471  1.  Except as otherwise provided in subsection 2, upon the request of a parent or legal guardian of a child who is enrolled in a public school of a school district or a private school, or a parent or legal guardian of a homeschooled child , [or opt-in child,] the governing body of the charter school shall authorize the child to participate in a class that is not otherwise available to the child at his or her school or homeschool [or from his or her participating entity, as defined in NRS 353B.750,] or participate in an extracurricular activity at the charter school if:

      (a) Space for the child in the class or extracurricular activity is available;

      (b) The parent or legal guardian demonstrates to the satisfaction of the governing body that the child is qualified to participate in the class or extracurricular activity; and

      (c) The child is [:

            (1) A] a homeschooled child and a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district in which the child resides for the current school year pursuant to NRS 388D.070 . [; or

             (2) An opt-in child and a notice of intent of an opt-in child to participate in programs and activities is filed for the child with the school district in which the child resides for the current school year pursuant to NRS 388D.140.]

 


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      2.  If the governing body of a charter school authorizes a child to participate in a class or extracurricular activity pursuant to subsection 1, the governing body is not required to provide transportation for the child to attend the class or activity. A charter school shall not authorize such a child to participate in a class or activity through a program of distance education provided by the charter school pursuant to NRS 388.820 to 388.874, inclusive.

      3.  The governing body of a charter school may revoke its approval for a child to participate in a class or extracurricular activity at a charter school pursuant to subsection 1 if the governing body determines that the child has failed to comply with applicable statutes, or applicable rules and regulations. If the governing body so revokes its approval, neither the governing body nor the charter school is liable for any damages relating to the denial of services to the child.

      4.  The governing body of a charter school may, before authorizing a homeschooled child [or opt-in child] to participate in a class or extracurricular activity pursuant to subsection 1, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

      Sec. 30.7. NRS 388B.290 is hereby amended to read as follows:

      388B.290  1.  During the sixth year that a school operates as an achievement charter school, the Department shall evaluate the pupil achievement and school performance of the school. The Executive Director shall provide the Department with such information and assistance as the Department determines necessary to perform such an evaluation. If, as a result of such an evaluation, the Department determines:

      (a) That the achievement charter school has made adequate improvement in pupil achievement and school performance, the governing body of the achievement charter school must decide whether to:

             (1) Convert to a public school under the governance of the board of trustees of the school district in which the school is located;

             (2) Seek to continue as a charter school subject to the provisions of chapter 388A of NRS by applying to the board of trustees of the school district in which the school is located, the State Public Charter School Authority or a college or university within the Nevada System of Higher Education to sponsor the charter school pursuant to NRS 388A.220; or

             (3) Remain an achievement charter school for at least 6 more years.

      (b) That the achievement charter school has not made adequate improvement in pupil achievement and school performance, the Department shall direct the Executive Director to notify the parent or legal guardian of each pupil enrolled in the achievement charter school that the achievement charter school has not made adequate improvement in pupil achievement and school performance. Such notice must include, without limitation, information regarding:

             (1) Public schools which the pupil may be eligible to attend, including, without limitation, charter schools, programs of distance education offered pursuant to NRS 388.820 to 388.874, inclusive, and alternative programs for the education of pupils at risk of dropping out of school pursuant to NRS 388.537;

             (2) [The opportunity for the parent to establish an education savings account pursuant to NRS 353B.850 and enroll the pupil in a private school, have the pupil become an opt-in child or provide for the education of the pupil in any other manner authorized by NRS 353B.900;

 


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have the pupil become an opt-in child or provide for the education of the pupil in any other manner authorized by NRS 353B.900;

             (3)] Any other alternatives for the education of the pupil that are available in this State; and

             [(4)](3) The actions that may be considered by the Department with respect to the achievement charter school and the manner in which the parent may provide input.

      2.  Upon deciding that the achievement charter school has not made adequate improvement in pupil achievement and school performance pursuant to paragraph (b) of subsection 1, the Department must decide whether to:

      (a) Convert the achievement charter school to a public school under the governance of the board of trustees of the school district in which the school is located; or

      (b) Continue to operate the school as an achievement charter school for at least 6 more years.

      3.  If the Department decides to continue to operate a school as an achievement charter school pursuant to subsection 2, the Executive Director must:

      (a) Terminate the contract with the charter management organization, educational management organization or other person that operated the achievement charter school;

      (b) Enter into a contract with a different charter management organization, educational management organization or other person to operate the achievement charter school after complying with the provisions of NRS 388B.210;

      (c) Require the charter management organization, educational management organization or other person with whom the Executive Director enters into a contract to operate the achievement charter school to appoint a new governing body of the achievement charter school in the manner provided pursuant to NRS 388B.220, and must not reappoint more than 40 percent of the members of the previous governing body; and

      (d) Evaluate the pupil achievement and school performance of such a school at least each 3 years of operation thereafter.

      4.  If an achievement charter school is converted to a public school under the governance of the board of trustees of a school district pursuant to paragraph (a) of subsection 1, the board of trustees must employ any teacher, administrator or paraprofessional who wishes to continue employment at the school and meets the requirements of chapter 391 of NRS to teach at the school. Any administrator or teacher employed at such a school who was employed by the board of trustees as a postprobationary employee before the school was converted to an achievement charter school and who wishes to continue employment at the school after it is converted back into a public school must be employed as a postprobationary employee.

      5.  If an achievement charter school becomes a charter school sponsored by the school district in which the charter school is located, the State Public Charter School Authority or a college or university within the Nevada System of Higher Education pursuant to paragraph (a) of subsection 1, the school is subject to the provisions of chapter 388A of NRS and the continued operation of the charter school in the building in which the school has been operating is subject to the provisions of NRS 388A.378.

 


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      6.  As used in this section, “postprobationary employee” has the meaning ascribed to it in NRS 391.650.

      Sec. 30.75. NRS 388D.270 is hereby amended to read as follows:

      388D.270  1.  A scholarship organization must:

      (a) Be exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. ง 501(c)(3).

      (b) Not own or operate any school in this State, including, without limitation, a private school, which receives any grant money pursuant to the Nevada Educational Choice Scholarship Program.

      (c) Accept donations from taxpayers and other persons and may also solicit and accept gifts and grants.

      (d) Not expend more than 5 percent of the total amount of money accepted pursuant to paragraph (c) to pay its administrative expenses.

      (e) Provide grants on behalf of pupils who are members of a household that has a household income which is not more than 300 percent of the federally designated level signifying poverty to allow those pupils to attend schools in this State chosen by the parents or legal guardians of those pupils, including, without limitation, private schools. The total amount of a grant provided by the scholarship organization on behalf of a pupil pursuant to this paragraph must not exceed $7,755 for Fiscal Year 2015-2016.

      (f) Not limit to a single school the schools for which it provides grants.

      (g) Except as otherwise provided in paragraph (e), not limit to specific pupils the grants provided pursuant to that paragraph.

      2.  The maximum amount of a grant provided by the scholarship organization pursuant to paragraph (e) of subsection 1 must be adjusted on July 1 of each year for the fiscal year beginning that day and ending June 30 in a rounded dollar amount corresponding to the percentage of increase in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year. On May 1 of each year, the Department of Education shall determine the amount of increase required by this subsection, establish the adjusted amounts to take effect on July 1 of that year and notify each scholarship organization of the adjusted amounts. The Department of Education shall also post the adjusted amounts on its Internet website.

      3.  A grant provided on behalf of a pupil pursuant to subsection 1 must be paid directly to the school chosen by the parent or legal guardian of the pupil.

      4.  A scholarship organization shall provide each taxpayer and other person who makes a donation, gift or grant of money to the scholarship organization pursuant to paragraph (c) of subsection 1 with an affidavit, signed under penalty of perjury, which includes, without limitation:

      (a) A statement that the scholarship organization satisfies the requirements set forth in subsection 1; and

      (b) The total amount of the donation, gift or grant made to the scholarship organization.

      5.  Each school in which a pupil is enrolled for whom a grant is provided by a scholarship organization shall maintain a record of the academic progress of the pupil. The record must be maintained in such a manner that the information may be aggregated and reported for all such pupils if reporting is required by the regulations of the Department of Education.

 


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      6.  A scholarship organization shall not use a donation for which a taxpayer received a tax credit pursuant to NRS 363A.139 or 363B.119 to provide a grant pursuant to this section on behalf of a pupil unless the scholarship organization used a donation for which the taxpayer received a tax credit pursuant to NRS 363A.139 or 363B.119 to provide a grant pursuant to this section on behalf of the pupil for the immediately preceding school year or reasonably expects to be able to provide a grant pursuant to this section on behalf of the pupil in at least the same amount for each school year until the pupil graduates from high school. A scholarship organization that violates this subsection shall repay to the Department of Taxation the amount of the tax credit received by the taxpayer pursuant to NRS 363A.139 or 363B.119, as applicable.

      7.  The Department of Education:

      (a) Shall adopt regulations prescribing the contents of and procedures for applications for grants provided pursuant to subsection 1.

      (b) May adopt such other regulations as the Department determines necessary to carry out the provisions of this section.

      [7.]8.  As used in this section, “private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 30.8. NRS 392.033 is hereby amended to read as follows:

      392.033  1.  The State Board shall adopt regulations which prescribe the courses of study required for promotion to high school, including, without limitation, English language arts, mathematics, science and social studies. The regulations may include the credits to be earned in each course.

      2.  Except as otherwise provided in subsection 4, the board of trustees of a school district shall not promote a pupil to high school if the pupil does not complete the course of study or credits required for promotion. The board of trustees of the school district in which the pupil is enrolled may provide programs of remedial study to complete the courses of study required for promotion to high school.

      3.  The board of trustees of each school district shall adopt a procedure for evaluating the course of study or credits completed by a pupil who transfers to a junior high or middle school from a junior high or middle school in this State or from a school outside of this State.

      4.  The board of trustees of each school district shall adopt a policy that allows a pupil who has not completed the courses of study or credits required for promotion to high school to be placed on academic probation and to enroll in high school. A pupil who is on academic probation pursuant to this subsection shall complete appropriate remediation in the subject areas that the pupil failed to pass. The policy must include the criteria for eligibility of a pupil to be placed on academic probation. A parent or guardian may elect not to place his or her child on academic probation but to remain in grade 8.

      5.  A homeschooled child [or opt-in child] who enrolls in a public high school shall, upon initial enrollment:

      (a) Provide documentation sufficient to prove that the child has successfully completed the courses of study required for promotion to high school through an accredited program of homeschool study recognized by the board of trustees of the school district . [or from a participating entity, as applicable;]

      (b) Demonstrate proficiency in the courses of study required for promotion to high school through an examination prescribed by the board of trustees of the school district; or

 


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      (c) Provide other proof satisfactory to the board of trustees of the school district demonstrating competency in the courses of study required for promotion to high school.

      [6.  As used in this section, “participating entity” has the meaning ascribed to it in NRS 353B.750.]

      Sec. 30.85. NRS 392.070 is hereby amended to read as follows:

      392.070  Attendance of a child required by the provisions of NRS 392.040 must be excused when:

      1.  The child is enrolled in a private school pursuant to chapter 394 of NRS; or

      2.  A parent of the child chooses to provide education to the child and files a notice of intent to homeschool the child with the superintendent of schools of the school district in which the child resides in accordance with NRS 388D.020 . [; or

      3.  The child is an opt-in child and notice of such has been provided to the school district in which the child resides or the charter school in which the child was previously enrolled, as applicable, in accordance with NRS 388D.110.]

      Sec. 30.9. NRS 392.072 is hereby amended to read as follows:

      392.072  1.  The board of trustees of each school district shall provide programs of special education and related services for homeschooled children. The programs of special education and related services required by this section must be made available:

      (a) Only if a child would otherwise be eligible for participation in programs of special education and related services pursuant to NRS 388.417 to 388.469, inclusive, or NRS 388.5251 to 388.5267, inclusive;

      (b) In the same manner that the board of trustees provides, as required by 20 U.S.C. ง 1412, for the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians; and

      (c) In accordance with the same requirements set forth in 20 U.S.C. ง 1412 which relate to the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians.

      2.  The programs of special education and related services required by subsection 1 may be offered at a public school or another location that is appropriate.

      3.  The board of trustees of a school district may, before providing programs of special education and related services to a homeschooled child [or opt-in child] pursuant to subsection 1, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

      4.  The Department shall adopt such regulations as are necessary for the boards of trustees of school districts to provide the programs of special education and related services required by subsection 1.

      5.  As used in this section, “related services” has the meaning ascribed to it in 20 U.S.C. ง 1401.

      Sec. 30.93. NRS 392.074 is hereby amended to read as follows:

      392.074  1.  Except as otherwise provided in subsection 1 of NRS 392.072 for programs of special education and related services, upon the request of a parent or legal guardian of a child who is enrolled in a private school or a parent or legal guardian of a homeschooled child , [or opt-in child,] the board of trustees of the school district in which the child resides shall authorize the child to participate in any classes and extracurricular activities, excluding sports, at a public school within the school district if:

 


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child,] the board of trustees of the school district in which the child resides shall authorize the child to participate in any classes and extracurricular activities, excluding sports, at a public school within the school district if:

      (a) Space for the child in the class or extracurricular activity is available;

      (b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the child is qualified to participate in the class or extracurricular activity; and

      (c) If the child is [:

             (1) A] a homeschooled child, a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district for the current school year pursuant to NRS 388D.070 . [; or

             (2) An opt-in child, a notice of intent of an opt-in child to participate in programs and activities is filed for the child with the school district for the current school year pursuant to NRS 388D.140.]

If the board of trustees of a school district authorizes a child to participate in a class or extracurricular activity, excluding sports, pursuant to this subsection, the board of trustees is not required to provide transportation for the child to attend the class or activity. A homeschooled child [or opt-in child] must be allowed to participate in interscholastic activities and events governed by the Nevada Interscholastic Activities Association pursuant to chapter 385B of NRS and interscholastic activities and events, including sports, pursuant to subsection 3.

      2.  The board of trustees of a school district may revoke its approval for a pupil to participate in a class or extracurricular activity at a public school pursuant to subsection 1 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees. If the board of trustees revokes its approval, neither the board of trustees nor the public school is liable for any damages relating to the denial of services to the pupil.

      3.  In addition to those interscholastic activities and events governed by the Nevada Interscholastic Activities Association pursuant to chapter 385B of NRS, a homeschooled child [or opt-in child] must be allowed to participate in interscholastic activities and events, including sports, if a notice of intent of a homeschooled child [or opt-in child] to participate in programs and activities is filed for the child with the school district for the current school year pursuant to NRS 388D.070 . [or 388D.140, as applicable.] A homeschooled child [or opt-in child] who participates in interscholastic activities and events at a public school pursuant to this subsection must participate within the school district of the child’s residence through the public school which the child is otherwise zoned to attend. Any rules or regulations that apply to pupils enrolled in public schools who participate in interscholastic activities and events, including sports, apply in the same manner to homeschooled children [and opt-in children] who participate in interscholastic activities and events, including, without limitation, provisions governing:

      (a) Eligibility and qualifications for participation;

      (b) Fees for participation;

      (c) Insurance;

      (d) Transportation;

      (e) Requirements of physical examination;

      (f) Responsibilities of participants;

      (g) Schedules of events;

 


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      (h) Safety and welfare of participants;

      (i) Eligibility for awards, trophies and medals;

      (j) Conduct of behavior and performance of participants; and

      (k) Disciplinary procedures.

      4.  If a homeschooled child [or opt-in child] participates in interscholastic activities and events pursuant to subsection 3:

      (a) No challenge may be brought by the Association, a school district, a public school or a private school, a parent or guardian of a pupil enrolled in a public school or a private school, a pupil enrolled in a public school or a private school, or any other entity or person claiming that an interscholastic activity or event is invalid because the homeschooled child [or opt-in child] is allowed to participate.

      (b) Neither the school district nor a public school may prescribe any regulations, rules, policies, procedures or requirements governing the eligibility or participation of the homeschooled child [or opt-in child] that are more restrictive than the provisions governing the eligibility and participation of pupils enrolled in public schools.

      5.  The board of trustees of a school district:

      (a) May, before authorizing a homeschooled child [or opt-in child] to participate in a class or extracurricular activity, excluding sports, pursuant to subsection 1, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

      (b) Shall, before allowing a homeschooled child [or opt-in child] to participate in interscholastic activities and events governed by the Nevada Interscholastic Activities Association pursuant to chapter 385B of NRS and interscholastic activities and events pursuant to subsection 3, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

      Sec. 30.95. NRS 392.466 is hereby amended to read as follows:

      392.466  1.  Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school or who sells or distributes any controlled substance while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although the pupil may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, the pupil must be permanently expelled from that school and:

      (a) Enroll in a private school pursuant to chapter 394 of NRS [, become an opt-in child] or be homeschooled; or

      (b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.

      2.  Except as otherwise provided in this section, any pupil who is found in possession of a firearm or a dangerous weapon while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although the pupil may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, the pupil must be permanently expelled from the school and:

 


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      (a) Enroll in a private school pursuant to chapter 394 of NRS [, become an opt-in child] or be homeschooled; or

      (b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.

      3.  Except as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655, the pupil may be:

      (a) Suspended from the school for a period not to exceed one school semester as determined by the seriousness of the acts which were the basis for the discipline; or

      (b) Expelled from the school under extraordinary circumstances as determined by the principal of the school.

      4.  If the pupil is expelled, or the period of the pupil’s suspension is for one school semester, the pupil must:

      (a) Enroll in a private school pursuant to chapter 394 of NRS [, become an opt-in child] or be homeschooled; or

      (b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.

      5.  The superintendent of schools of a school district may, for good cause shown in a particular case in that school district, allow a modification to the suspension or expulsion requirement, as applicable, of subsection 1, 2 or 3 if such modification is set forth in writing.

      6.  This section does not prohibit a pupil from having in his or her possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.

      7.  Any pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in violation of subsection 2, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.

      8.  A pupil who is participating in a program of special education pursuant to NRS 388.419, other than a pupil who receives early intervening services, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:

      (a) Suspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.

      (b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. งง 1400 et seq.

      9.  As used in this section:

      (a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

 


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      (b) “Dangerous weapon” includes, without limitation, a blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, a switchblade knife as defined in NRS 202.265, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.

      (c) “Firearm” includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a “firearm” in 18 U.S.C. ง 921, as that section existed on July 1, 1995.

      10.  The provisions of this section do not prohibit a pupil who is suspended or expelled from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if the pupil is accepted for enrollment by the charter school pursuant to NRS 388A.453 or 388A.456. Upon request, the governing body of a charter school must be provided with access to the records of the pupil relating to the pupil’s suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.

      Sec. 31.  1.  There is hereby appropriated from the State General Fund to the School Safety Account the following sums:

For the Fiscal Year 2019-2020....................................................... $8,340,845

For the Fiscal Year 2020-2021....................................................... $8,404,930

      2.  The Department of Education shall transfer from the appropriation made by subsection 1 to provide grants utilizing a competitive grant process based on demonstrated need, within the limits of legislative appropriation, to school districts and to charter schools for school safety facility improvements.

      3.  Any remaining balance of the appropriation made by subsection 1 for Fiscal Year 2019-2020 must be added to the money appropriated for Fiscal Year 2020-2021 and may be expended as that money is expended. Any remaining balance of the appropriation made by subsection 1 for Fiscal Year 2020-2021, including any such money added from the previous fiscal year, must not be committed for expenditure after June 30, 2021, and must be reverted to the State General Fund on or before September 17, 2021.

      Secs. 32-36. (Deleted by amendment.)

      Sec. 36.5.  1.  There is hereby appropriated from the State General Fund to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247 the following sums:

For the Fiscal Year 2019-2020.................................................... $35,081,155

For the Fiscal Year 2020-2021.................................................... $36,848,070

      2.  The Department of Education shall transfer the sums of money identified in this subsection from the Account for Programs for Innovation and the Prevention of Remediation to school districts for block grants for the purpose of providing supplemental support to the operation of the school districts. The amount to be transferred for the fiscal year shown is:

 

                                                                              2019-2020            2020-2021

Carson City School District                                $631,574               $663,384

Churchill County School District                         255,461                 268,328

Clark County School District                           25,892,878            27,197,012

Douglas County School District                          458,566                 481,662

 


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                                                                              2019-2020            2020-2021

Elko County School District                               $772,986               $811,919

Esmeralda County School District                           5,551                     5,831

Eureka County School District                               21,379                   22,456

Humboldt County School District                       273,189                 286,949

Lander County School District                              78,860                   82,832

Lincoln County School District                             76,533                   80,388

Lyon County School District                               681,887                 716,231

Mineral County School District                             42,868                   45,027

Nye County School District                                 410,922                 431,619

Pershing County School District                           53,244                   55,925

Storey County School District                               34,229                   35,953

Washoe County School District                       5,294,592              5,561,262

White Pine County School District                       96,435                 101,292

 

      3.  Any remaining balance of the transfers made by subsection 2 for Fiscal Year 2019-2020 must be added to the money transferred for Fiscal Year 2020-2021 and may be expended as that money is expended. Any remaining balance of the transfers made by subsection 2 for Fiscal Year 2020-2021, including any such money added from the previous fiscal year, must be used for the purpose identified in subsection 2 and does not revert to the State General Fund.

      Sec. 37.  1.  The Legislature hereby finds and declares that the purpose and intent of this act is to maintain and continue the existing legally operative rates of the taxes imposed pursuant to NRS 363A.130 and 363B.110, at 2 percent and 1.475 percent, respectively, without any changes or reductions in the rates of those taxes pursuant to NRS 360.203, as that section existed before the effective date of this act, for any fiscal year beginning on or after July 1, 2015.

      2.  Notwithstanding any other provisions of law, in order to accomplish and carry out the purpose and intent of this act:

      (a) Any determinations or decisions made or actions taken before the effective date of this section by the Department of Taxation pursuant to NRS 360.203, as that section existed before the effective date of this section:

             (1) Are superseded, abrogated and nullified by the provisions of this act; and

             (2) Have no legal force and effect; and

      (b) The Department shall not, under any circumstances, apply or use those determinations, decisions or actions as a basis, cause or reason to reduce the rates of the taxes imposed pursuant to NRS 363A.130 and 363B.110 for any fiscal year beginning on or after July 1, 2015.

      Sec. 38. (Deleted by amendment.)

      Sec. 39. NRS 360.203 is hereby repealed.

      Sec. 39.5. NRS 219A.050, 353B.700, 353B.710, 353B.720, 353B.730, 353B.740, 353B.750, 353B.760, 353B.770, 353B.820, 353B.850, 353B.860, 353B.870, 353B.880, 353B.900, 353B.910, 353B.920, 353B.930, 388D.100, 388D.110, 388D.120, 388D.130 and 388D.140 are hereby repealed.

      Sec. 40.  1.  This section and sections 2, 3, 37 and 39 of this act become effective upon passage and approval.

      2.  Sections 2.5, 3.5, 30.1 to 31, inclusive, 36.5 and 39.5 of this act become effective on July 1, 2019.

________

 


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2019 Statutes of Nevada, Page 3295

 

CHAPTER 538, AB 530

Assembly Bill No. 530–Committee on Ways and Means

 

CHAPTER 538

 

[Approved: June 12, 2019]

 

AN ACT relating to taxation; requiring a background investigation of employees, prospective employees, contractors and prospective contractors of the Department of Taxation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill requires: (1) the Department of Taxation to obtain information on the background and personal history of a prospective employee or prospective contractor of the Department from the law enforcement agencies with jurisdiction in each location where the person lived, worked or attended school in the past 5 years; and (2) such prospective employees and prospective contractors to submit to the Department proof of citizenship or eligibility to legally work in the United States and two complete sets of fingerprints. Section 1 also requires a background investigation to be conducted for employees and contractors every 5 years after the initial investigation. Section 2 of this bill requires current employees of the Department to submit information to the Department for such background investigations by January 1, 2020. Section 2 additionally requires a current contractor of the Department to submit information to the Department for such a background investigation when his or her contract is being renewed.

 

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

      1.  The Department shall secure from appropriate law enforcement agencies information on the background and personal history of a prospective employee or prospective contractor, as applicable, of the Department.

      2.  A prospective employee or prospective contractor, as applicable, of the Department must submit to the Department:

      (a) Proof that he or she is a citizen of the United States or is lawfully entitled to remain and work in the United States; and

      (b) Two complete sets of fingerprints and written authorization to forward those fingerprints to the Central Repository for submission to:

             (1) The Federal Bureau of Investigation for a report on his or her background; and

             (2) Any appropriate law enforcement agency that the Department deems necessary.

      3.  The Department shall submit the fingerprints submitted pursuant to subsection 2 to the Central Repository for submission to:

      (a) The Federal Bureau of Investigation for a report on the background of the prospective employee or prospective contractor, as applicable; and

      (b) Any appropriate law enforcement agency that the Department deems necessary.

 


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2019 Statutes of Nevada, Page 3296 (CHAPTER 538, AB 530)

 

      4.  When a report from the Federal Bureau of Investigation or any information from an appropriate law enforcement agency is received by the Central Repository, the Central Repository shall immediately forward a copy of the report or the information to the Department.

      5.  The Department shall conduct an investigation of each employee and contractor of the Department pursuant to this section at least once every 5 years after the initial investigation.

      6.  Only the Central Repository may:

      (a) Receive fingerprints from the Department for submission to the Federal Bureau of Investigation pursuant to this section;

      (b) Submit those fingerprints to the Federal Bureau of Investigation; and

      (c) Receive a report from the Federal Bureau of Investigation based on the submission of those fingerprints.

      7.  As used in this section:

      (a) “Appropriate law enforcement agency” means the local law enforcement agency with jurisdiction in each location where the prospective employee or prospective contractor, as applicable, of the Department lived, worked or attended school within the immediately preceding 5 years.

      (b) “Central Repository” means the Central Repository for Nevada Records of Criminal History.

      Sec. 2.  1.  For the purpose of the Department of Taxation conducting an investigation pursuant to section 1 of this act, a person who is an employee of the Department on July 1, 2019, shall submit the information required pursuant to subsection 2 of section 1 of this act by January 1, 2020.

      2.  For the purpose of the Department conducting an investigation pursuant to section 1 of this act, a person who is a contractor of the Department on July 1, 2019, shall submit the information required pursuant to subsection 2 of section 1 of this act on the date that the contractor renews his or her contract with the Department.

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

________

 


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2019 Statutes of Nevada, Page 3297

 

CHAPTER 539, AB 532

Assembly Bill No. 532–Committee on Ways and Means

 

CHAPTER 539

 

[Approved: June 12, 2019]

 

AN ACT relating to motor vehicle registration; authorizing the Department of Motor Vehicles to enter into a contract with a vendor for the issuance and tracking of certain temporary placards for newly obtained motor vehicles; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, certain sellers or long-term lessors of new, used or rebuilt motor vehicles are required to affix a temporary placard to the motor vehicle, which can be removed when the motor vehicle is registered and license plates are attached. The temporary placard expires 30 days after issuance. (NRS 482.423, 482.4235, 482.424, 482.4245) Section 1 of this bill authorizes the Department of Motor Vehicles to enter into a contract with a vendor to provide such placards and track the issuance of the placards. Such a contract may authorize the vendor to charge and collect a fee for each temporary placard.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 481.051 is hereby amended to read as follows:

      481.051  1.  The Director shall direct and supervise all administrative and technical activities of the Department.

      2.  The Director may organize the Department into various divisions, alter the organization and reassign responsibilities and duties as the Director deems appropriate.

      3.  The Director shall:

      (a) Formulate the policy of the Department and the various divisions thereof.

      (b) Coordinate the activities of the various divisions of the Department.

      (c) Adopt such regulations consistent with law as the Director deems necessary for the operation of the Department and the enforcement of all laws administered by the Department.

      4.  The Director may appoint vendors to serve as agents of the Department to sell temporary permits. The vendor shall collect the fees for the permits issued pursuant to chapter 706 of NRS and pay them to the Department. The vendor shall guarantee payment by giving a bond in an amount not less than $25,000, executed by the vendor as principal, and by a corporation qualified pursuant to the laws of this State as surety, payable to the State of Nevada. In lieu of a bond, the vendor may deposit with the State Treasurer a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon approval of the Director. Upon approval of the Governor, the Director may appoint inspectors of the Nevada Transportation Authority and personnel of the Nevada Highway Patrol Division of the Department of Public Safety to serve without remuneration as vendors for the purposes of this subsection.

 


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2019 Statutes of Nevada, Page 3298 (CHAPTER 539, AB 532)

 

personnel of the Nevada Highway Patrol Division of the Department of Public Safety to serve without remuneration as vendors for the purposes of this subsection.

      5.  The Director may enter into a contract with a supplier of self-service terminals or kiosks which authorizes the supplier to process through those self-service terminals or kiosks certain transactions pursuant to this chapter and chapters 482, 483 and 485 of NRS that have been designated by the Director and to charge and collect from customers a nonrefundable processing fee for each such transaction. The Director shall adopt regulations to carry out the provisions of this subsection.

      6.  The Director may enter into a contract with a vendor to provide for the issuance and tracking of temporary placards issued pursuant to NRS 482.423 to 482.4245, inclusive. Such a contract may authorize the vendor to charge and collect a fee for each temporary placard issued pursuant to NRS 482.423 to 482.4245, inclusive.

      7.  The Director may delegate to the officers and employees of the Department such authorities and responsibilities not otherwise delegated by law as the Director deems necessary for the efficient conduct of the business of the Department.

      Sec. 2.  This act becomes effective on July 1, 2019.

________

CHAPTER 540, AB 535

Assembly Bill No. 535–Committee on Ways and Means

 

CHAPTER 540

 

[Approved: June 12, 2019]

 

AN ACT relating to tobacco products; increasing the annual license fee for a license to engage in business as a wholesale dealer of cigarettes; establishing an annual license fee for a license to engage in certain other businesses related to cigarettes or other tobacco products; revising provisions governing the use of the money collected from certain annual license fees; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Before the adoption of Senate Bill No. 81 of this legislative session, existing law: (1) provided for the licensing of persons engaged in the manufacture, sale or distribution of cigarettes separately from the licensing of persons engaged in the manufacture, sale or distribution of other tobacco products; and (2) required a wholesale dealer of cigarettes to pay an annual license fee of $150 but prohibited the Department of Taxation from charging a fee for a license as a manufacturer of cigarettes, a retail dealer of cigarettes, a wholesale dealer of other tobacco products or a retail dealer of other tobacco products. (NRS 370.080, 370.150, 370.445) Sections 2-34 of Senate Bill No. 81 established uniform provisions for the licensing of persons engaged in the manufacture, distribution or sale of cigarettes and other tobacco products. (Chapter 118, Statutes of Nevada 2019) Section 28 of Senate Bill No. 81 maintained the $150 annual license fee for a wholesale dealer of cigarettes and the prohibition on charging an annual fee for the other types of licenses. Section 6.7 of this bill amends section 28 of Senate Bill No. 81 to: (1) increase from $150 to $650 the annual license fee for a wholesale dealer of cigarettes; and (2) establish an annual license fee of $1,000 for a license as a manufacturer of cigarettes, an annual license fee of $50 for a license as a retail dealer of cigarettes, an annual license fee of $650 for a license as a wholesale dealer of other tobacco products and an annual license fee of $50 for a license as a retail dealer of other tobacco products.

 


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2019 Statutes of Nevada, Page 3299 (CHAPTER 540, AB 535)

 

license fee of $1,000 for a license as a manufacturer of cigarettes, an annual license fee of $50 for a license as a retail dealer of cigarettes, an annual license fee of $650 for a license as a wholesale dealer of other tobacco products and an annual license fee of $50 for a license as a retail dealer of other tobacco products. Section 1.5 of this bill requires the proceeds of the annual license fees established by section 6.7 to be used by the Department to administer and enforce certain existing laws governing cigarettes and other tobacco products. Section 8 of this bill provides that the provisions of this bill become effective on October 1, 2019. Section 6.3 of this bill makes a conforming change.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 1.5. NRS 370.260 is hereby amended to read as follows:

      370.260  1.  All taxes and license fees imposed by the provisions of NRS 370.001 to 370.430, inclusive, and sections 2 to 34, inclusive, of Senate Bill No. 81 of this session, less any refunds granted as provided by law, must be paid to the Department in the form of remittances payable to the Department.

      2.  The Department shall:

      (a) As compensation to the State for the costs of collecting the taxes [and license fees,] transmit each month the sum the Legislature specifies from the remittances made to it pursuant to subsection 1 during the preceding month to the State Treasurer for deposit to the credit of the Department. The deposited money must be expended by the Department in accordance with its work program.

      (b) From the remittances of taxes made to it pursuant to subsection 1 during the preceding month, less the amount transmitted pursuant to paragraph (a), transmit each month the portion of the tax which is equivalent to 85 mills per cigarette to the State Treasurer for deposit to the credit of the Account for the Tax on Cigarettes in the State General Fund.

      (c) Transmit the balance of the payments of taxes each month to the State Treasurer for deposit in the Local Government Tax Distribution Account created by NRS 360.660.

      (d) Report to the State Controller monthly the amount of collections [.] of taxes and license fees.

      3.  The money deposited pursuant to paragraph (c) of subsection 2 in the Local Government Tax Distribution Account is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations and must be credited to the respective accounts of Carson City and each county.

      4.  All license fees remitted to the Department pursuant to subsection 1 must be deposited with the State Treasurer for credit to the Department and used by the Department to administer and enforce the provisions of this chapter.

      Secs. 2-6. (Deleted by amendment.)

 


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2019 Statutes of Nevada, Page 3300 (CHAPTER 540, AB 535)

 

      Sec. 6.3. Section 22 of Senate Bill No. 81 of this session is hereby amended to read as follows:

       Sec. 22.  An application for a license must:

       1.  Be made to the Department on forms prescribed by the Department.

       2.  Include the name and address of the applicant. If the applicant is a firm, association or partnership, the application must include the name and address of each of its members. If the applicant is a corporation, the application must include the names and addresses of the president, vice president, secretary and managing officer or officers.

       3.  Specify the location, by street and number, of the principal place of business of the applicant. In addition to specifying the principal place of business of the applicant pursuant to this subsection, an application for a license as a cigarette vending machine operator must list all cigarette vending machine locations for which the license is sought.

       4.  Specify the location, by street and number, of any place used by the applicant to distribute, ship, affix stamps to, warehouse or store cigarettes or other tobacco products and for which the license is sought.

       5.  Specify any other information the Department may require to carry out the provisions of this chapter.

       6.  Except as otherwise provided in NRS 370.001 to 370.430, inclusive, and sections 2 to 34, inclusive, of this act, [if the application is for a license as a wholesale dealer of cigarettes,] be accompanied by the required license fee . [required by section 28 of this act.]

       7.  Be accompanied by a certified copy of the certificate required by NRS 602.010 or any renewal certificate required by NRS 602.035.

      Sec. 6.7.Section 28 of Senate Bill No. 81 of this session is hereby amended to read as follows:

       Sec. 28.  1.  Each license issued by the Department is valid only for the calendar year for which it is issued, and must be renewed annually.

       2.  The Department shall not charge any license fees to operate a warehouse or distribution center or for a license as a [manufacturer, wholesale dealer of other tobacco products, tobacco retail dealer or] logistics company.

       [3.  An] Except as otherwise provided in subsections 3 and 5, the Department shall charge:

       (a) For a license as a manufacturer, an annual license fee of $1,000.

       (b) For a license as a wholesale dealer of cigarettes, an annual license fee of [$150 must be charged for each license as a wholesale dealer of cigarettes.] $650.

       (c) For a license as a wholesale dealer of other tobacco products, an annual license fee of $650.

       (d) For a license as a tobacco retail dealer, $50.

       3.  If [such] a license is issued at any time during the year other than on January 1, except for the renewal of a delinquent license pursuant to subsection 5, the licensee shall pay a proportionate part of the annual fee for the remainder of the year, but not less than 25 percent of the annual license fee.

 


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2019 Statutes of Nevada, Page 3301 (CHAPTER 540, AB 535)

 

pursuant to subsection 5, the licensee shall pay a proportionate part of the annual fee for the remainder of the year, but not less than 25 percent of the annual license fee.

       4.  The fees for a license [as a wholesale dealer of cigarettes] are due and payable on January 1 of each year. If the annual license fee is not paid by January 15, the license is cancelled automatically.

       5.  A license [as a wholesale dealer of cigarettes] which is cancelled for nonpayment of the annual license fee may be renewed at any time by the payment of the fee plus a 5 percent penalty thereon.

      Sec. 7. (Deleted by amendment.)

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

________

CHAPTER 541, AB 540

Assembly Bill No. 540–Committee on Ways and Means

 

CHAPTER 541

 

[Approved: June 12, 2019]

 

AN ACT relating to administrative assessments; revising provisions governing the distribution of the proceeds of certain administrative assessments; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a person who pleads or is found guilty or guilty but mentally ill of a misdemeanor is required to pay an administrative assessment in addition to any other penalty imposed by the justice or judge. A portion of the proceeds of those assessments must be deposited in the State General Fund and distributed to the Office of Court Administrator to allocate for certain prescribed uses. (NRS 176.059) This bill revises the amount of those proceeds that the Office of Court Administrator is required to allocate for certain uses. The provisions of this bill expire by limitation on June 30, 2021.

 

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 176.059 is hereby amended to read as follows:

      176.059  1.  Except as otherwise provided in subsection 2, when a defendant pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:

 

       Fine                                                                                   Assessment

$5 to $49........................................................................................... $30

50 to 59............................................................................................... 45

60 to 69............................................................................................... 50

70 to 79............................................................................................... 55

80 to 89............................................................................................... 60

 


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2019 Statutes of Nevada, Page 3302 (CHAPTER 541, AB 540)

 

       Fine                                                                                   Assessment

90 to 99............................................................................................. $65

100 to 199........................................................................................... 75

200 to 299........................................................................................... 85

300 to 399........................................................................................... 95

400 to 499......................................................................................... 105

500 to 1,000...................................................................................... 120

 

If the justice or judge sentences the defendant to perform community service in lieu of a fine, the justice or judge shall include in the sentence the amount of the administrative assessment that corresponds with the fine for which the defendant would have been responsible as prescribed by the schedule in this subsection.

      2.  The provisions of subsection 1 do not apply to:

      (a) An ordinance regulating metered parking; or

      (b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

      3.  The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If bail is forfeited, the administrative assessment included in the amount posted for bail pursuant to this subsection must be disbursed in the manner set forth in subsection 5 or 6. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment the defendant has paid and the justice or judge shall not recalculate the administrative assessment.

      4.  If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.

      5.  The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

      (a) Two dollars to the county treasurer for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

 


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2019 Statutes of Nevada, Page 3303 (CHAPTER 541, AB 540)

 

      (b) Seven dollars for credit to a special revenue fund for the use of the municipal courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the municipal general fund if it has not been committed for expenditure. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

      (c) Five dollars to the State Controller for credit to the State General Fund.

      (d) The remainder of each assessment to the State Controller for credit to a special account in the State General Fund for distribution as provided in subsection 8.

      6.  The money collected for administrative assessments in justice courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

      (a) Two dollars for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

      (b) Seven dollars for credit to a special revenue fund for the use of the justice courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a justice court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

      (c) Five dollars to the State Controller for credit to the State General Fund.

      (d) The remainder of each assessment to the State Controller for credit to a special account in the State General Fund for distribution as provided in subsection 8.

      7.  The money apportioned to a juvenile court, a justice court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operations of the court, or to acquire appropriate advanced technology or the use of such technology, or both. Money used to improve the operations of the court may include expenditures for:

      (a) Training and education of personnel;

      (b) Acquisition of capital goods;

      (c) Management and operational studies; or

      (d) Audits.

      8.  Of the total amount deposited in the State General Fund pursuant to paragraph (d) of subsection 5 and paragraph (d) of subsection 6, the State Controller shall distribute the money received to the following public agencies in the following manner:

      (a) Not less than 51 percent to the Office of Court Administrator for allocation as follows:

 


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2019 Statutes of Nevada, Page 3304 (CHAPTER 541, AB 540)

 

             (1) [Thirty-six] Forty-six and [one-half] three-quarters percent of the amount distributed to the Office of Court Administrator for:

                   (I) The administration of the courts;

                   (II) The development of a uniform system for judicial records; and

                   (III) Continuing judicial education.

             (2) [Forty-eight] Thirty-seven and three-quarters percent of the amount distributed to the Office of Court Administrator for the Supreme Court.

             (3) Three and one-half percent of the amount distributed to the Office of Court Administrator for the payment for the services of retired justices, retired judges of the Court of Appeals and retired district judges.

             (4) Twelve percent of the amount distributed to the Office of Court Administrator for the provision of specialty court programs.

      (b) Not more than 49 percent must be used to the extent of legislative authorization for the support of:

             (1) The Central Repository for Nevada Records of Criminal History;

             (2) The Peace Officers’ Standards and Training Commission;

             (3) The operation by the Department of Public Safety of a computerized interoperative system for information related to law enforcement;

             (4) The Fund for the Compensation of Victims of Crime;

             (5) The Advisory Council for Prosecuting Attorneys; and

             (6) Programs within the Office of the Attorney General related to victims of domestic violence.

      9.  Any money deposited in the State General Fund pursuant to paragraph (d) of subsection 5 and paragraph (d) of subsection 6 that is not distributed or used pursuant to paragraph (b) of subsection 8 must be transferred to the uncommitted balance of the State General Fund.

      10.  As used in this section:

      (a) “Juvenile court” has the meaning ascribed to it in NRS 62A.180.

      (b) “Office of Court Administrator” means the Office of Court Administrator created pursuant to NRS 1.320.

      Sec. 2.  This act becomes effective on July 1, 2019, and expires by limitation on June 30, 2021.

________

 


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2019 Statutes of Nevada, Page 3305

 

CHAPTER 542, AB 541

Assembly Bill No. 541–Committee on Ways and Means

 

CHAPTER 542

 

[Approved: June 12, 2019]

 

AN ACT relating to projects of capital improvement; authorizing certain expenditures by the State Public Works Division of the Department of Administration; levying a property tax to support the Consolidated Bond Interest and Redemption Fund; making appropriations; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the State Public Works Division of the Department of Administration the sum of $60,842,548 to support the Division in carrying out the program of capital improvements as summarized in this section. The amount is allocated to projects numbered and described in the Executive Budget for the 2019-2021 biennium or otherwise described as follows:

 

      Description                                                        Project No.                     Amount

      1.  Capital Improvements for the Department of Administration:

             Groundwater Well Abandonments, Carson City 19-M05               $98,261

             Elevator Renovation and Modernization, Blasdel Building          19-M47  $246,935

             HVAC System Renovation, Capitol Building 19-M59                $2,103,543

             Advance Planning: Grant Sawyer Office Building Renovation     19-P01  $8,101,788

             Advance Planning: Renovation and Seismic Retrofit, Heroes Memorial Building and Annex...................................................................... 19-P02................... $350,094

             Statewide ADA Program................................. 19-S02................ $2,595,083

Statewide Fire and Life Safety Program......... 19-S03................ $1,631,757

             Statewide Advance Planning Program.......... 19-S04................ $1,917,305

             Statewide Paving Program............................... 19-S05................ $2,276,362

             Statewide Paving Program, Nevada Army National Guard          19-S05g  $113,666

             Construct Parking Addition, Washoe County Armory              19-S05g1  $300,481

 


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2019 Statutes of Nevada, Page 3306 (CHAPTER 542, AB 541)

 

      Description                                                        Project No.                     Amount

             Statewide Indoor Air Quality – Environmental Program                 19-S06  $188,380

      2.  Capital Improvements for the State Department of Conservation and Natural Resources:

             Park Facilities Maintenance and ADA Upgrades, Fort Churchill State Park   19-M53................................................................ $1,265,275

             Advance Planning: Heavy Equipment Shop and Renovation, Elko 19-P08     $445,486

             Advance Planning: Exterior Envelope Protection, Spring Mountain State Park   19-P10 $117,648

      3.  Capital Improvements for the Department of Corrections:

             Underground Piping and Boiler Replacement, Lovelock Correctional Center       19-M10................................................................ $7,614,002

             Replace Surveillance System, Casa Grande Transitional Housing 19-M24      $1,720,849

             Replace Door Locks and Controls – Phase 1, Ely State Prison    19-M35  $3,997,994

             Replace Cooling Towers, Southern Desert Correctional Center – Central Plant Building      19-M43........................................................ $3,818,124

             Install Recreation Yard Fencing, Southern Desert Correctional Center and High Desert State Prison......................................................... 19-M48................... $571,412

             Advance Planning: Replace Domestic Water and Sanitary Sewer, Northern Nevada Correctional Center.................................... 19-P04................ $1,270,302

             Advance Planning: Electrical Distribution Upgrade, Northern Nevada Correctional Center 19-P06.......................................................... $1,220,819

             Advance Planning: Central Plant Renovation, High Desert State Prison  19-P07 $659,075

      4.  Capital Improvements for the Department of Health and Human Services:

             Lobby Remodel, Desert Regional Center Building 1391                 19-C10  $238,604

             Building Demolition, Sierra Regional Center Buildings 16, 17, and 18 19-C18  $265,239

 


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2019 Statutes of Nevada, Page 3307 (CHAPTER 542, AB 541)

 

      Description                                                        Project No.                     Amount

             Upgrade Door Controls, Summit View Youth Center                     19-M16  $1,625,495

             Install Panic Alarm System, Dini-Townsend Hospital                   19-M25  $810,265

             Install Sanitary Sewer Macerator, Caliente Youth Center             19-M42  $444,954

             Electrical Upgrade, Caliente Youth Center.. 19-M49................... $930,425

             Replace Main Electrical Switchgear, Southern Nevada Adult Mental Health Services - Building 3................................................................... 19-M52................... $388,875

      5.  Capital Improvements for the Office of the Military:

             Replace Rooftop Unit and Lighting Upgrade, Plumb Lane Armory 19-M44    $123,358

      6.  Capital Improvements for the Nevada System of Higher Education:

             Deferred Maintenance, Nevada System of Higher Education      19-M08  $11,552,659

      7.  Capital Improvements for the Department of Veterans Services:

             Cemetery Expansion, Southern Nevada Veterans Memorial Cemetery 19-C03      $161,329

             Columbarium Expansion, Northern Nevada Veterans Memorial Cemetery      19-C04 $175,371

             Replace Domestic Hot Water Storage Tank, Southern Nevada Veterans Home  19-M04..................................................................... $70,722

             Replace Culinary Refrigeration Units, Southern Nevada Veterans Home 19-M06      $363,424

             Pavilion Renovation, Northern Nevada Veterans Memorial Cemetery 19-M27     $153,534

      8.  Capital Improvements for the Department of Wildlife:

             HVAC Systems Renovation, Wildlife Management Area Sites   19-M38  $170,708

             HVAC System Renovation, Various Fish Hatchery Sites             19-M39  $591,973

             Construct Water Wells and Water Systems, Wildlife Management Area Sites   19-M40................................................................... $150,972

      Sec. 2.  Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.

 


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2019 Statutes of Nevada, Page 3308 (CHAPTER 542, AB 541)

 

purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.

      Sec. 3.  There is hereby appropriated from the State Highway Fund to the State Public Works Division of the Department of Administration the sum of $8,841,972 to support the Division in carrying out the program of capital improvements summarized in this section. The amount is allocated to projects numbered and described in the Executive Budget for the 2019-2021 biennium or otherwise described as follows:

 

      Description                                                        Project No.                     Amount

      Capital Improvements for the Department of Administration:

             Replace Rooftop Unit – Department of Motor Vehicles, Carson City 19-M37       $451,031

             Warehouse Loading Dock Upgrades, Department of Motor Vehicles, Carson City  19-M54................................................................... $192,868

             Exterior Building Repairs, Department of Motor Vehicles, Carson City 19-M55    $676,142

             Replace Boiler, Department of Motor Vehicles, Henderson         19-M56  $523,475

             HVAC System Replacement, Department of Motor Vehicles, Donovan Way Express Office, Las Vegas.......................................................... 19-M57................... $338,220

             Advance Planning: HVAC Renovation, Department of Motor Vehicles, Carson City     19-P05................................................................... $473,693

             Statewide ADA Program, Highway Funds. 19-S02h................... $211,466

             Statewide Fire and Life Safety Program, Highway Funds            19-S03h  $639,920

             Statewide Paving Program, Highway Funds 19-S05h                   $928,690

      Capital Improvements for the Department of Motor Vehicles:

             Completion of South Reno Department of Motor Vehicles Service Office      19-C01 $2,917,776

      Capital Improvements for the Department of Public Safety:

             Renovation of Department of Public Safety Training Division Building 19-M18  $1,488,691

      Sec. 4.  Any remaining balance of the appropriations made by section 3 of this act must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 15, 2023.

 


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2019 Statutes of Nevada, Page 3309 (CHAPTER 542, AB 541)

 

purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 15, 2023.

      Sec. 5.  The amounts appropriated pursuant to section 3 of this act from the State Highway Fund must be allocated by the State Controller as the money is required for the projects listed in section 3 of this act and must not be transferred to those projects until required to make contract payments.

      Sec. 6.  The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $186,000,000 for capital improvements summarized in this section and use proceeds of general obligation bonds of the State of Nevada previously issued in the amount of $3,469,121 which are reallocated for capital improvements summarized in this section. The capital improvements summarized in this section are to be paid with proceeds of general obligation bonds of the State of Nevada in an amount not to exceed $189,469,121; provided that $41,610 of the proceeds of general obligation bonds of the State of Nevada issued pursuant to section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, shall be reallocated to the capital improvements summarized in this section and spent before the expenditure of the proceeds of any general obligation bonds of the State of Nevada issued pursuant to this section; $457,912 of the proceeds of general obligation bonds of the State of Nevada issued pursuant to section 7 of chapter 445, Statutes of Nevada 2013, at page 2573, shall be reallocated to the capital improvements summarized in this section and spent before the expenditure of the proceeds of any general obligation bonds of the State of Nevada issued pursuant to this section; $2,969,599 of the proceeds of general obligation bonds of the State of Nevada issued pursuant to section 6 of chapter 549, Statutes of Nevada 2015, at page 3936, shall be reallocated to the capital improvements summarized in this section and spent before the expenditure of the proceeds of any general obligation bonds of the State of Nevada issued pursuant to this section. The amounts are allocated to projects numbered and identified in the Executive Budget for the 2019-2021 biennium or otherwise described as follows:

 

      Description                                                        Project No.                     Amount

      1.  Capital Improvements for the Department of Administration:

            Marlette Lake Dam Rehabilitation, Marlette Lake Water System  19-C08  $3,599,359

             Emergency Generator and Service Entrance Upgrade, Reno Purchasing Warehouse     19-M07................................................................... $980,301

             Central Plant Renovation, State Library and Archives                  19-M17  $2,085,239

             Generator, Controls Replacement and Pump System Modifications, Marlette Lake Water System........................................................ 19-M21................... $905,574

             Central Plant Renovation, Paul Laxalt State Office Building         19-M29  $1,579,086

 


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2019 Statutes of Nevada, Page 3310 (CHAPTER 542, AB 541)

 

      Description                                                        Project No.                     Amount

             Central Plant Renovation, Attorney General’s Office Building    19-M30  $1,486,657

             Electrical Coordination Studies, Various Buildings Statewide     19-M51  $627,897

             Statewide Roofing Program............................. 19-S01................ $9,975,568

      2.  Capital Improvements for the State Department of Agriculture:

             Replace Freezer, Purchasing Warehouse.... 19-M01................ $2,022,199

      3.  Capital Improvements for the State Department of Conservation and Natural Resources:

             Visitors Center Renovations, Valley of Fire State Park                  19-M36  $762,029

             Replace Comfort Stations, Valley of Fire State Park 19-M50        $636,017

      4.  Capital Improvements for the Department of Corrections:

             Electrical Outlet and Cable Upgrades, High Desert State Prison 19-M02  $1,653,626

             Boiler Replacement, Ely State Prison........... 19-M09................ $6,705,522

             Replace Domestic and Heating Hot Water Piping, Ely State Prison, Housing Unit 1       19-M11................................................................ $2,090,872

             Central Plant Renovations, Phase 2, Northern Nevada Correctional Center   19-M12................................................................ $7,649,669

             HVAC Replacement, Ely State Prison, Building 9 19-M15        $1,750,456

             HVAC System Renovations, Northern Nevada Correctional Center Operations, Administration Buildings, and Housing Unit 6............... 19-M28................ $1,768,350

      5.  Capital Improvements for the Department of Health and Human Services:

             Replace Flooring, Caliente Youth Center, Multi-Purpose Building 19-M20     $1,605,161

             Replace Chiller, Caliente Youth Center, Administration Building 19-M22 $464,966

      6.  Capital Improvements for the Office of the Military:

             National Guard Speedway Readiness Center Completion              19-C02  $3,393,905

             Emergency Generator Installation, Washoe County Armory       19-M26  $801,864

 


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2019 Statutes of Nevada, Page 3311 (CHAPTER 542, AB 541)

 

      Description                                                        Project No.                     Amount

             HVAC Systems Renovation, Washoe County Armory                19-M31  $1,153,397

             HVAC Systems Renovation, Office of the Adjutant General       19-M32  $929,375

             Replace Overhead Coiling Doors, Seals and Operators, Various Locations   19-M34      $356,159

             Replace Heat Pump Water Piping Distribution, Carlin Readiness Center 19-M58      $1,170,152

      7.  Capital Improvements for the Nevada System of Higher Education:

             Construct Education Academic Building, Nevada State College  19-C19  $55,852,093

             Construct Health and Sciences Building, College of Southern Nevada 19-C28     $70,763,741

      8.  Capital Improvements for the Department of Public Safety:

             Renovation of Department of Public Safety Training Division Building 19-M18  $1,169,686

      9.  Capital Improvements for the Department of Tourism and Cultural Affairs:

             Renovation of Collections Storage Building 19, Stewart Campus 19-C16  $947,750

             Storage Facility Addition, Indian Hills Curatorial Center               19-C17  $1,273,013

             Replace Sanitary Sewer and Upgrade Restrooms, Lost City Museum 19-M33      $408,484

             Replace Lighting Control System, Nevada State Museum, Las Vegas 19-M45     $212,811

      10.  Capital Improvements for the Department of Wildlife:

             Construct Water Wells and Water Systems, Various Fish Hatchery Sites     19-M14................................................................ $2,473,141

             Construct Water Wells and Water Systems, Wildlife Management Area Sites   19-M40................................................................... $215,002

      Sec. 7.  Any remaining balance of the allocated amounts authorized in section 6 of this act must not be committed for expenditure after June 30, 2023, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2023.

      Sec. 8.  1.  Except as otherwise provided in subsection 2, the State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $5,344,346 for the project numbered and identified in the Executive Budget for the 2019-2021 biennium and otherwise described as Project 19-C01, Completion of South Reno Department of Motor Vehicles Service Office.

 


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2019 Statutes of Nevada, Page 3312 (CHAPTER 542, AB 541)

 

identified in the Executive Budget for the 2019-2021 biennium and otherwise described as Project 19-C01, Completion of South Reno Department of Motor Vehicles Service Office. The provisions of the State Securities Law, NRS 349.150 to 349.364, inclusive, apply to the bonds authorized by this subsection.

      2.  The State Board of Finance shall not issue the bonds described in subsection 1 unless the Board determines that the money budgeted or to be budgeted pursuant to subsection 3 will be sufficient to pay the bond repayment costs of the bonds authorized by subsection 1. In making its determination under this subsection, the State Board of Finance shall be entitled to rely on a certification of the Director of the Office of Finance in the Office of the Governor that the money budgeted and to be budgeted pursuant to subsection 3 will be sufficient to pay the bond repayment costs of the bonds authorized by subsection 1. Any determination by the State Board of Finance under this subsection shall be conclusive.

      3.  The Legislature intends that 12.0 percent of the annual bond repayment costs of the bonds authorized by subsection 1, and any bonds directly or indirectly, through a series of refundings, refunding those bonds, will be paid from the Pollution Control Account created by NRS 445B.830, and 88.0 percent of those annual bond repayment costs will be paid from annually available money in the State Highway Fund. The Director of the Office of Finance in the Office of the Governor, the Director of the Department of Transportation and the Director of the Department of Motor Vehicles are hereby directed to budget for payment of such bond repayment costs from the sources and in the proportions stated in this subsection in each budget or other spending plan presented to the Legislature for the expenditure of amounts in the Pollution Control Account created by NRS 445B.830 and the State Highway Fund after the effective date of this section until the bonds authorized by subsection 1 and any bonds directly or indirectly refunding those bonds are no longer outstanding. The money so budgeted to pay the annual bond repayment costs of the bonds authorized by subsection 1, and any bonds directly or indirectly, through a series of refundings, refunding those bonds, are hereby appropriated in each year to the Consolidated Bond Interest and Redemption Fund to pay such bond repayment costs. As used in this subsection, “annually available money in the State Highway Fund” means money remaining in the State Highway Fund in any year after all amounts required to pay bonds issued pursuant to NRS 408.273 in that year have been paid or provision for such payment has been made.

      4.  As used in this section, “bond repayment costs” means the principal, interest and related costs of issuance of the bonds and any other costs related to the payment of the bonds or compliance with covenants made in connection with those bonds, as estimated by the State Treasurer.

      Sec. 9.  Any remaining balance of the allocated amounts authorized in section 8 of this act must not be committed for expenditure after June 30, 2023, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2023.

      Sec. 10.  1.  The State Board of Finance may issue the bonds authorized pursuant to sections 6 and 8 of this act at the time deemed appropriate by the Board based on the schedule established for the completion of the projects described in those sections.

 


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2019 Statutes of Nevada, Page 3313 (CHAPTER 542, AB 541)

 

      2.  The State Controller may advance temporarily from the State General Fund, upon the approval of the Director of the Office of Finance in the Office of the Governor, to the State Public Works Division of the Department of Administration, until the date on which the bonds authorized by section 6 of this act are sold, amounts necessary to facilitate the start of the projects enumerated in section 6 of this act. The amounts temporarily advanced by the State Controller must be made as the money is required for the projects and must not be transferred to the projects from the State General Fund until required to make contract payments. The advanced amounts must be repaid immediately to the State General Fund upon the issuance of the bonds or not later than the last business day in August immediately following the end of the fiscal year during which the advance is made.

      3.  The State Controller may advance temporarily from the State Highway Fund, upon the approval of the Director of the Office of Finance in the Office of the Governor, to the State Public Works Division of the Department of Administration, until the date on which the bonds authorized by section 8 of this act are sold, amounts necessary to facilitate the start of the project enumerated in section 8 of this act. The amounts temporarily advanced by the State Controller must be made as the money is required for the project and must not be transferred to the project from the State Highway Fund until required to make contract payments. The advanced amounts must be repaid immediately to the State Highway Fund upon the issuance of the bonds or not later than the last business day in August immediately following the end of the fiscal year during which the advance is made.

      4.  The Director of the Office of Finance in the Office of the Governor shall provide written notification to the State Controller, the State Treasurer and the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of any advance from the State General Fund and the State Highway Fund to the State Public Works Division of the Department of Administration pursuant to subsection 2 or 3. The Director of the Office of Finance in the Office of the Governor shall provide a reconciliation to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of the advances authorized from the State General Fund and State Highway Fund and repayments to the State General Fund and the State Highway Fund made during any fiscal year during the 2019-2021 biennium. The reconciliation must be provided not later than the last business day in August immediately following the end of the fiscal year during which an advance is made.

      Sec. 11.  1.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized for the following projects numbered and described in the Executive Budget for the 2019-2021 biennium or otherwise described as follows:

 

      Description                                                        Project No.                     Amount

      Completion of South Reno Department of Motor Vehicles Service Office 19-C01      $605,878

      Cemetery Expansion, Southern Nevada Veterans Memorial Cemetery 19-C03      $4,144,981

 


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2019 Statutes of Nevada, Page 3314 (CHAPTER 542, AB 541)

 

      Description                                                        Project No.                     Amount

      Columbarium Expansion, Northern Nevada Veterans Memorial Cemetery 19-C04      $4,179,668

      Marlette Lake Dam Rehabilitation, Marlette Lake Water System        19-C08  $9,457,681

      Heavy Equipment Simulator Classrooms, High Desert State Prison   19-C13  $808,851

      Storage Facility Addition, Indian Hills Curatorial Center                     19-C17  $100,000

      Construct Education Academic Building, Nevada State College        19-C19  $6,000,000

      Construct Health and Sciences Building, College of Southern Nevada 19-C28     $6,000,000

      Replace Domestic Hot Water Storage Tank, Southern Nevada Veterans Home  19-M04      $123,332

      Replace Magnetic Door Controls, Southern Nevada State Veterans Home 19-M19   $226,668

      Emergency Generator Installation, Washoe County Armory             19-M26  $701,913

      HVAC Systems Renovation, Washoe County Armory 19-M31     $1,018,371

      HVAC Systems Renovation, Office of the Adjutant General             19-M32  $811,395

      Replace Overhead Coiling Doors, Seals and Operators, Various Locations 19-M34  $311,616

      HVAC Systems Renovation, Wildlife Management Area Sites         19-M38  $404,276

      Construct Water Wells and Water Systems, Wildlife Management Area Sites   19-M40      $846,408

      Replace Rooftop Unit and Lighting Upgrade, Plumb Lane Armory  19-M44  $279,755

      Replace Heat Pump Water Piping Distribution, Carlin Readiness Center 19-M58 $265,234

      Statewide Advance Planning Program................ 19-S04................... $200,000

      Statewide Paving Program, Nevada Army National Guard                 19-S05g  $98,615

      Construct Parking Addition, Washoe County Armory 19-S05g1     $692,729

      Statewide Indoor Air Quality, Environmental Program 19-S06          $100,000

      Statewide Building Official Program..................... 19-S09................ $1,089,157

 


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2019 Statutes of Nevada, Page 3315 (CHAPTER 542, AB 541)

 

      2.  The State Public Works Division of the Department of Administration shall not execute a contract for construction of a project listed in subsection 1 until the Division has determined that the funding authorized in subsection 1 for the project has been awarded or received and is available for expenditure for the project.

      Sec. 12.  The State Public Works Division of the Department of Administration shall carry out the provisions of this act as provided in chapter 341 of NRS. The Division shall ensure that qualified persons are employed to accomplish the authorized work. Every contract pertaining to the work must be approved by the Attorney General.

      Sec. 13.  All state and local governmental agencies involved in the design and construction of the projects enumerated in this act shall cooperate with the State Public Works Division of the Department of Administration to expedite completion of the project.

      Sec. 14.  The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $3,000,000 in the 2019-2021 biennium as provided in NRS 383.530 for the program for awarding financial assistance to pay the actual expenses of preserving or protecting historical buildings to be used to develop a network of cultural centers and activities.

      Sec. 15.  The State Board of Finance shall issue $4,000,000 in general obligation bonds of the State in the 2019-2021 biennium for the purposes described in section 1 of chapter 437, Statutes of Nevada 2011, at page 2638.

      Sec. 16.  The State Board of Finance shall issue $4,000,000 in general obligation bonds of the State in the 2019-2021 biennium for the purposes described in section 1 of Chapter 167, Statutes of Nevada 2019.

      Sec. 17.  The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $3,000,000 in the 2019-2021 biennium as provided in NRS 349.986 for the program for providing grants for water conservation and capital improvements to certain water systems.

      Sec. 18.  The Legislature finds and declares that the issuance of securities and the incurrence of indebtedness pursuant to sections 15, 16 and 17 of this act:

      1.  Are necessary for the protection and preservation of the natural resources of this State and for the purpose of obtaining the benefits thereof; and

      2.  Constitute an exercise of the authority conferred by the second paragraph of Section 3 of Article 9 of the Constitution of the State of Nevada.

      Sec. 19.  1.  An ad valorem tax of 15.75 cents on each $100 of assessed valuation of taxable property is hereby levied for Fiscal Year 2019-2020, and an ad valorem tax of 15.75 cents on each $100 of assessed valuation is hereby levied for Fiscal Year 2020-2021. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this State, including, without limitation, the net proceeds of minerals and excluding such property as is by law exempt from taxation. Notwithstanding the provisions of NRS 361.453 to the contrary, 0.75 cents of the levies imposed pursuant to this subsection must not be included in calculating the limitation set forth in subsection 1 of NRS 361.453 on the total ad valorem tax levied for all public purposes.

 


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2019 Statutes of Nevada, Page 3316 (CHAPTER 542, AB 541)

 

      2.  An ad valorem tax of 1.25 cents on each $100 of assessed valuation of taxable property is hereby levied for Fiscal Year 2019-2020, and an ad valorem tax of 1.25 cents on each $100 of assessed valuation is hereby levied for Fiscal Year 2020-2021. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this State, including, without limitation, the net proceeds of minerals and excluding such property as is by law exempt from taxation. The proceeds of the taxes levied pursuant to this subsection must be used exclusively for the repayment of bonded indebtedness issued pursuant to the provisions of chapter 6, Statutes of Nevada 2001, 17th Special Session, at page 104. Notwithstanding the provisions of NRS 361.453 to the contrary, the levies imposed pursuant to this subsection must not be included in calculating the limitation set forth in subsection 1 of NRS 361.453 on the total ad valorem tax levied for all public purposes.

      3.  The proceeds of the taxes levied by this section are hereby appropriated in each fiscal year to the Consolidated Bond Interest and Redemption Fund to discharge the obligations of the State of Nevada as they are respectively due in that fiscal year. Any balance of the money appropriated by this section remaining at the end of the respective fiscal years does not revert to the State General Fund.

      Sec. 20.  1.  On or before July 1, 2019, and July 1, 2020, the State Treasurer shall estimate the amount of proceeds of the taxes levied by section 19 of this act. If the sum of that estimate and the balance of ad valorem reserves in the Consolidated Bond Interest and Redemption Fund is less than the total obligation of the State of Nevada for payment of the interest on and principal of bonds which will become due in the fiscal year, the State Treasurer shall ask the State Controller to reserve in the State General Fund an amount which is sufficient to pay the remainder of the total obligation. The State Treasurer may revise the estimate and amount reserved.

      2.  If the money in the Consolidated Bond Interest and Redemption Fund is insufficient to pay those obligations as they become due, the State Controller shall cause the money in reserve to be transferred from the State General Fund to the Consolidated Bond Interest and Redemption Fund. The amount reserved is hereby contingently appropriated for that purpose. Any balance of the sums appropriated by this subsection remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, respectively.

      3.  The State Treasurer shall report to the Legislature or, if the Legislature is not in session, to the Interim Finance Committee:

      (a) The amount of any estimate made pursuant to subsection 1 and the amount of money reserved in the State General Fund based upon the estimate;

      (b) The amount of money transferred from the State General Fund pursuant to subsection 2; and

      (c) The amount of money which reverts to the State General Fund pursuant to subsection 2.

      Sec. 21.  The State Board of Finance, in its capacity as the State General Obligation Bond Commission and to the extent that money is available, shall pay the expenses related to the issuance of general obligation bonds approved by the 80th Session of the Nevada Legislature from the proceeds of those bonds.

 


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2019 Statutes of Nevada, Page 3317 (CHAPTER 542, AB 541)

 

      Sec. 22.  1.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized from the Consolidated Bond Interest and Redemption Fund in the amount of $160,416,624 for Fiscal Year 2019-2020, and in the amount of $159,100,201 for Fiscal Year 2020-2021.

      2.  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 Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund for the bond repayment costs of the bonds approved by the State Legislature pursuant to the provisions of this act. As used in this subsection, “bond repayment costs” means the principal, interest and related costs of issuance of the bonds and any other costs related to the payment of the bonds or compliance with covenants made in connection with those bonds, as estimated by the State Treasurer.

      Sec. 23.  1.  With the approval of the Interim Finance Committee, the State Public Works Division of the Department of Administration and the Nevada System of Higher Education may transfer appropriated, allocated and authorized money from one project to another within the same agency or within the Nevada System of Higher Education for those projects listed in sections 1, 3, 6, 8 and 24 of this act.

      2.  Transfers of money pursuant to subsection 1 to or from projects that are also authorized in section 11 of this act must maintain the overall ratio of appropriated, allocated and authorized money in total for those projects.

      Sec. 24.  1.  The money collected pursuant to the annual tax on slot machines imposed pursuant to NRS 463.385 that is distributed to the Special Capital Construction Fund for Higher Education, except any amount of that money which is needed to pay the principal and interest on bonds, is appropriated to the State Public Works Division of the Department of Administration in the sum of $3,447,341 for the project numbered and described in the Executive Budget for the 2019-2021 biennium or otherwise described as project 19-M08, Deferred Maintenance, Nevada System of Higher Education.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund of origin on or before September 15, 2023.

      Sec. 25. Section 2 of chapter 440, Statutes of Nevada 2009, as last amended by section 39 of chapter 606, Statutes of Nevada 2017, at page 4457, is hereby amended to read as follows:

       Sec. 2.  1.  Except as otherwise provided in this section, any remaining balance of the allocated amounts authorized in section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, must not be committed for expenditure after June 30, 2013, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2013.

 


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

2019 Statutes of Nevada, Page 3318 (CHAPTER 542, AB 541)

 

       2.  Any remaining balance of the allocated amounts authorized in section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, for the following projects, must not be committed for expenditure after June 30, 2015, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 18, 2015:

 

       Description                                                                              Project No.

       (a) Complete permanent exhibit construction – Las Vegas Springs Preserve Museum        09-C04

       (b) Medical Education Learning Lab Building, UNHSS......... 09-C05

       (c) Field maintenance shop facility at the Las Vegas Readiness Center  09-C13

       (d) New Elko County Readiness Center................................... 09-C15

       (e) Water supply backflow prevention for the Bradley Building and Stewart Facility    09-M02a

       (f) Well replacement at the Nevada Youth Training Center. 09-M08

       (g) Sewage dump station upgrade at Stewart Conservation Camp 09-M32

       3.  Any remaining balance of the allocated amounts authorized in section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, for the following project, must not be committed for expenditure after June 30, 2014, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 19, 2014:

 

       Description                                                                              Project No.

       Statewide Advance Planning Program                                        09-S04

       4.  Any remaining balance of the allocated amounts authorized in section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, for the project 09-C14, New readiness center – North Las Vegas, must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2017.

       5.  Any remaining balance of the allocated amounts authorized in section 1 of chapter 440, Statutes of Nevada 2009, at page 2456, for project 09-C18, Southern Nevada Veterans Cemetery expansion, must [not] :

       (a) Not be committed for expenditure after June 30, 2019, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2019 [.] ; or

       (b) Be transferred for expenditure on the projects numbered and described in the Executive Budget for the 2019-2021 biennium or otherwise described in section 6 of this act.

 


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

2019 Statutes of Nevada, Page 3319 (CHAPTER 542, AB 541)

 

      Sec. 26. Section 8 of chapter 445, Statutes of Nevada 2013, as last amended by section 41 of chapter 606, Statutes of Nevada 2017, at page 4459, is hereby amended to read as follows:

       Sec. 8.  1.  Except as otherwise provided in subsection 2, any remaining balance of the allocated amounts authorized in section 7 of chapter 445, Statutes of Nevada 2013, at page 2573, must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Interest and Redemption Fund on or before September 15, 2017.

       2.  Any remaining balance of the allocated amounts authorized in section 7 of chapter 445, Statutes of Nevada 2013, at page 2573, for the following projects, must [not] :

       (a) Not be committed for expenditure after June 30, 2019, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2019 [.] ; or

       (b) Be transferred for expenditure on the projects numbered and described in the Executive Budget for the 2019-2021 biennium or otherwise described in section 6 of this act.

 

       Description                                                                              Project No.

       Replace Emergency Generator, Buildings 1306 and 1391 – Desert Regional Center  13-M33

       Shower and Bathroom Renovations and Sealing of Exterior Expansion Joints and Painting – Florence McClure Women’s Correctional Center                              13-M41

       Advance Planning through Bid Documents for a 96 Bed Northern Nevada State Veterans Home  13-P07

      Sec. 27. Section 21 of chapter 445, Statutes of Nevada 2013, as last amended by section 44 of chapter 606, Statutes of Nevada 2017, at page 4460, is hereby amended to read as follows:

       Sec. 21.  1.  Except as otherwise provided in subsection 2, any remaining balance of the amount transferred in section 20 of chapter 445, Statutes of Nevada 2013, at page 2583, must not be committed for expenditure after June 30, 2017, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Interest and Redemption Fund on or before September 15, 2017.

       2.  Any remaining balance of the amount transferred in section 20 of chapter 445, Statutes of Nevada 2013, at page 2583, for the following projects, must [not] :

       (a) Not be committed for expenditure after June 30, 2019, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2019 [.] ; or

       (b) Be transferred for expenditure on the projects numbered and described in the Executive Budget for the 2019-2021 biennium or otherwise described in section 6 of this act.

 


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

2019 Statutes of Nevada, Page 3320 (CHAPTER 542, AB 541)

 

       Description                                                                              Project No.

       Water Production Well – Indian Springs Prison Complex       13-C04

       Advance Planning through Bid Documents for a 96 Bed Northern Nevada State Veterans Home  13-P07

      Sec. 28. Section 2 of chapter 549, Statutes of Nevada 2015, at page 3935, is hereby amended to read as follows:

       Sec. 2.  [Any]

       1.  Except as otherwise provided in subsection 2, any remaining balance of the appropriations made by section 1 of [this act] chapter 549, Statutes of Nevada 2015, at page 3934, must not be committed for expenditure after June 30, 2017, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2017, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2017.

       2.  Any remaining balance of the appropriation made by section 1 of chapter 549, Statutes of Nevada 2015, at page 3934, for project 15-P03, Advance Planning, Master Plan for Campus Buildings and Welcome Center in Building 2, Stewart Facility, 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. 29. Section 7 of chapter 549, Statutes of Nevada 2015, at page 3939, is hereby amended to read as follows:

       Sec. 7.  [Any]

       1.  Except as otherwise provided in subsection 2, any remaining balance of the allocated amounts authorized in section 6 of [this act] chapter 549, Statutes of Nevada 2015, at page 3936, must [not] :

       (a) Not be committed for expenditure after June 30, 2019, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Interest and Redemption Fund on or before September 20, 2019 [.] ; or

       (b) Be transferred for expenditure on the projects numbered and described in the Executive Budget for the 2019-2021 biennium or otherwise described in section 6 of this act.

       2.  Any remaining balance of the allocated amounts authorized in section 6 of chapter 549, Statutes of Nevada 2015, at page 3936, for the following projects, must not be committed for expenditure after June 30, 2021, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 17, 2021.

 


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

2019 Statutes of Nevada, Page 3321 (CHAPTER 542, AB 541)

 

       Description                                                                            Project No.

       Construct New Northern Nevada State Veterans Home     15-C77

       Electrical System Upgrades, Nevada Youth Training Center 15-M16

       HVAC Renovation, Northern Nevada Adult Mental Health Services Building 2 15-M19

       Ductwork Replacement, Lake’s Crossing                             15-M20

       Upgrade Basement Heating and Drainage Improvements, Nevada State Museum, Carson City      15-M38

       Central Plant Improvements, Nevada Youth Training Center Education and Multi-Purpose Buildings                                                                                                 15-M40

       Statewide Fire and Life Safety Program                                15-S03

      Sec. 30. Section 22 of chapter 549, Statutes of Nevada 2015, at page 3946, is hereby amended to read as follows:

       Sec. 22.  [Any]

       1.  Except as otherwise provided in subsection 2, any remaining balance of the amount transferred in section 21 of [this act] chapter 549, Statutes of Nevada 2015, at page 3945, must not be committed for expenditure after June 30, 2019, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Interest and Redemption Fund on or before September 20, 2019.

       2.  Any remaining balance of the amount transferred in section 21 of chapter 549, Statutes of Nevada 2015, at page 3945, for project 15-P03, Advance Planning, Master Plan for Campus Buildings and Welcome Center in Building 2, Stewart Facility, must not be committed for expenditure after June 30, 2021, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 17, 2021.

      Sec. 31. Section 9 of chapter 606, Statutes of Nevada 2017, at page 4445, is hereby amended to read as follows:

       Sec. 9  Any remaining balance of the allocated amounts authorized in section 8 of [this act] chapter 606, Statutes of Nevada 2017, at page 4444, must [not] :

       1.  Not be committed for expenditure after June 30, 2021, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 17, 2021 [.] ; or

       2.  Be transferred for expenditure on the project numbered and described in the Executive Budget for the 2019-2021 biennium or otherwise described as Project 19-C01, Completion of South Reno Department of Motor Vehicles Service Office, and spent prior to the expenditure of the proceeds of any general obligation bonds of the State of Nevada issued pursuant to section 8 of this act. Any such funds transferred pursuant to this subsection must not be committed for expenditure after June 30, 2023, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2023.

 


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

2019 Statutes of Nevada, Page 3322 (CHAPTER 542, AB 541)

 

reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2023.

      Sec. 32.  This act becomes effective upon passage and approval.

________

CHAPTER 543, AB 542

Assembly Bill No. 542–Committee on Ways and Means

 

CHAPTER 543

 

[Approved: June 12, 2019]

 

AN ACT relating to public employees; establishing the maximum allowed salaries for certain state employees; making appropriations from the State General Fund and State Highway Fund for increases in the salaries of certain employees of the State; 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.  The following state officers, employees, and medical and related positions are entitled to receive approximate annual salaries of not more than the maximum amounts set forth following their specified titles or positions:

 

                                                                                                                            Annual

Title or Position                                                                                                  Salary

      1.  Office of the Attorney General:

      (a) Attorney General’s Office

             Assistant Attorney General............................................................ $153,735

             Attorney General Counsel for Prosecuting Attorneys................. 117,453

             Bureau Chief (each)............................................................................ 139,591

             Chief Deputy Attorney General (each)............................................ 129,138

             Chief Financial Officer........................................................................ 111,744

             Chief Investigator................................................................................. 95,931

             Chief Personnel Manager.................................................................... 95,931

             Chief of Staff........................................................................................ 153,735

             Construction Law Counsel................................................................ 144,924

             Deputy Attorney General (each)...................................................... 104,540

             Executive Assistant.............................................................................. 61,495

             Financial Analyst.................................................................................. 89,166

             General Counsel.................................................................................. 144,924

             Information Technology Chief......................................................... 109,513

             Investigator (each)............................................................................... 72,080

             Legal Researcher (each)....................................................................... 61,495

             Ombudsman for Victims of Domestic Violence................................ 65,176

             Program Specialist, Technological Crimes........................................ 61,495

 


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

2019 Statutes of Nevada, Page 3323 (CHAPTER 543, AB 542)

 

                                                                                                                            Annual

Title or Position                                                                                                  Salary

             Public Information Officer................................................................. $77,483

             Senior Deputy Attorney General (each).......................................... 116,839

             Solicitor General.................................................................................. 144,924

             Special Assistant Attorney General, Military................................ 117,453

             Special Assistant Attorney General, Neighborhood.................... 117,453

             Special Counsel (each)....................................................................... 144,924

             Supervising Legal Researcher (each)................................................ 64,569

      (b) Bureau of Consumer Protection

             Administrative Services Officer........................................................ $80,978

             Chief Deputy Attorney General (each)............................................ 129,138

             Deputy Attorney General.................................................................. 104,540

             Engineer................................................................................................. 89,991

             Legal Researcher (each)....................................................................... 61,495

             Regulatory Manager............................................................................ 99,894

             Senior Deputy Attorney General (each).......................................... 116,839

             Senior Economist................................................................................ 111,764

             Senior Engineer..................................................................................... 99,807

             Senior Regulatory Analyst.................................................................. 93,268

             Supervising Legal Researcher............................................................ 64,569

             Technical Staff Manager..................................................................... 99,894

      2.  Office of the Controller:

             Chief Deputy Controller................................................................... $117,453

             Executive Assistant.............................................................................. 61,495

      3.  Office of the Governor, Agency for Nuclear Projects:

             Executive Assistant............................................................................ $61,495

             Executive Director............................................................................... 126,000

             Planner/Researcher............................................................................... 90,929

             Planning Division Administrator...................................................... 114,699

             Technical Programs Division Administrator.................................. 114,699

      4.  Office of the Governor, Office for New Americans:

             Director................................................................................................. $77,483

      5.  Office of the Governor, Office of Energy:

             Deputy Director................................................................................ $102,291

             Director................................................................................................. 116,839

      6.  Office of the Governor, Office of Finance:

             Administrator, Office of Project Management, SMART 21....... $122,830

             Chief Assistant Budget Administrator.............................................. 97,220

             Deputy Director.................................................................................. 127,906

             Director, Office of Finance................................................................ 139,591

             Director, Office of Project Management, SMART 21.................... 135,287

             Division Administrator, Internal Audits......................................... 117,453

             Executive Assistant.............................................................................. 61,495

             Organizational Change Manager, Office of Project Management, SMART 21     112,157

      7.  Office of the Governor, Office of the Western Regional Education Compact:

             Director................................................................................................. $78,907

 


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

2019 Statutes of Nevada, Page 3324 (CHAPTER 543, AB 542)

 

                                                                                                                            Annual

Title or Position                                                                                                  Salary

      8.  Office of the Lieutenant Governor:

             Administrative Secretary................................................................... $52,251

             Assistant to the Lieutenant Governor (each)................................... 77,409

             Chief of Staff.......................................................................................... 81,278

      9.  Office of the Secretary of State:

             Business Portal Administrator........................................................ $112,089

             Chief, Enforcement............................................................................. 106,660

             Chief Deputy....................................................................................... 127,906

             Deputy Secretary of State, Commercial Recordings...................... 107,001

             Deputy Secretary of State, Elections............................................... 117,453

             Deputy Secretary of State, Operations............................................ 107,001

             Deputy Secretary of State, Southern Nevada................................ 107,001

             Executive Assistant.............................................................................. 61,495

             Public Information Officer................................................................... 77,483

             Securities Administrator.................................................................... 111,744

      10.  Office of the State Treasurer:

             Chief Deputy State Treasurer......................................................... $127,906

             Chief of Staff........................................................................................ 127,906

             Deputy State Treasurer, Cash Management.................................. 107,001

             Deputy State Treasurer, Debt Service............................................. 107,001

             Deputy State Treasurer, Investments.............................................. 127,906

             Deputy State Treasurer, Unclaimed Property................................. 107,001

             Executive Assistant.............................................................................. 61,495

             Executive Director, Millennium Scholarship................................... 107,001

             Senior Deputy State Treasurer (each)............................................. 117,453

      11.  Department of Administration:

             Deputy Director................................................................................ $127,906

             Director................................................................................................. 139,591

      (a) Administrative Services Division

             Division Administrator.................................................................... $117,453

      (b) Division of Enterprise Information Technology Services

             Chief, Planning, Research and Grant Management....................... $97,220

             Chief Assistant, Planning.................................................................... 89,149

             Deputy Administrator........................................................................ 117,453

             Division Administrator...................................................................... 127,906

             Special Advisor................................................................................... 107,001

             State Chief Information Officer......................................................... 127,906

      (c) Division of Human Resource Management

             Division Administrator.................................................................... $117,453

             Division Deputy Administrator (each).............................................. 95,931

      (d) Division of State Library, Archives and Public Records

             Division Administrator.................................................................... $107,001

      (e) Fleet Services Division

             Division Administrator...................................................................... $89,167

      (f) Hearings Division

             Appeals Officer (each)..................................................................... $116,839

             Hearing Officer (each).......................................................................... 77,483

 


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

2019 Statutes of Nevada, Page 3325 (CHAPTER 543, AB 542)

 

                                                                                                                            Annual

Title or Position                                                                                                  Salary

             Senior Appeals Officer..................................................................... $129,138

      (g) Office of Grant Procurement, Coordination and Management

             Chief...................................................................................................... $88,680

      (h) Purchasing Division

             Attorney............................................................................................. $104,540

             Division Administrator...................................................................... 107,001

      (i) Public Employees’ Deferred Compensation Program

             Deferred Compensation Executive Officer.................................... $107,001

      (j) State Public Works Division

             Administrator.................................................................................... $135,287

             Deputy Administrator, Buildings and Grounds............................. 117,453

             Deputy Administrator, Code Compliance and Enforcement........ 127,906

             Deputy Administrator, Professional Services................................ 127,906

             Project Manager II (each).................................................................. 107,001

             Project Manager III (each)................................................................. 116,839

      (k) Miscellaneous

             Administrator, Equal Employment Opportunity............................ $89,167

             Division Administrator, Risk Management...................................... 95,931

             Executive Assistant.............................................................................. 61,495

             Executive Grants Analyst (each)........................................................ 67,709

             Information Systems Specialist.......................................................... 67,761

             Senior Executive Grants Analyst........................................................ 80,967

      12.  State Department of Agriculture:

             Deputy Director................................................................................ $117,453

             Director................................................................................................. 127,906

      (a) Animal Industry

             Division Administrator...................................................................... $95,931

      (b) Consumer Equitability

             Division Administrator.................................................................... $107,001

      (c) Food and Nutrition

             Deputy Administrator........................................................................ $95,931

             Division Administrator...................................................................... 107,001

      (d) Plant Industry

             Deputy Division Administrator........................................................ $95,931

             Division Administrator...................................................................... 107,001

      (e) Miscellaneous

             Executive Assistant............................................................................ $61,495

             Fiscal Administrator........................................................................... 107,001

             Industry and Global Trade Coordinator............................................ 84,812

             State Veterinarian................................................................................ 119,874

             Supervisor, Animal Disease Laboratory......................................... 106,029

             Veterinary Diagnostician..................................................................... 98,238

      13.  Department of Business and Industry:

             Deputy Director, Administration.................................................... $107,001

             Deputy Director, Programs................................................................ 117,453

             Director................................................................................................. 139,591

 


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

2019 Statutes of Nevada, Page 3326 (CHAPTER 543, AB 542)

 

                                                                                                                            Annual

Title or Position                                                                                                  Salary

      (a) Attorney for Injured Workers

             Deputy Attorney (each).................................................................. $104,540

             Division Administrator...................................................................... 129,138

             Senior Deputy Attorney (each)........................................................ 116,839

      (b) Division of Industrial Relations

             Attorney (each)................................................................................. $104,540

             Chief Investigator................................................................................. 89,166

             Deputy Division Administrator (each).............................................. 95,931

             Deputy Division Administrator, Mechanical Unit........................... 89,166

             Deputy Division Administrator, Mine Safety.................................. 89,166

             Deputy Division Administrator, Safety Consultation..................... 89,166

             Division Administrator...................................................................... 117,453

             Senior Attorney.................................................................................. 116,839

      (c) Division of Insurance

             Deputy Division Administrator (each).......................................... $107,001

             Deputy Division Administrator, Captive Insurers......................... 104,540

             Division Administrator...................................................................... 127,906

             Insurance Counsel/Hearing Officer (each)..................................... 107,001

             Lead Actuary (each)........................................................................... 137,800

             Lead Insurance Counsel/Hearing Officer........................................ 116,839

      (d) Employee Management Relations Board

             Division Administrator...................................................................... $95,931

             Executive Assistant.............................................................................. 61,495

      (e) Financial Institutions

             Certified Public Accountant.............................................................. $73,996

             Deputy Division Administrator.......................................................... 89,166

             Division Administrator...................................................................... 107,001

      (f) Labor Commissioner

             Chief Assistant................................................................................... $57,384

             Deputy Division Administrator.......................................................... 89,166

             Division Administrator...................................................................... 107,001

      (g) Mortgage Lending Division

             Certified Public Accountant.............................................................. $73,996

             Deputy Division Administrator.......................................................... 89,166

             Division Administrator...................................................................... 107,001

      (h) Nevada Athletic Commission

             Chief Assistant................................................................................... $73,793

             Division Administrator...................................................................... 107,001

      (i) Nevada Housing Division

             Affordable Housing Advocate......................................................... $77,483

             Chief Assistant..................................................................................... 73,793

             Chief Financial Officer........................................................................ 104,540

             Deputy Administrator.......................................................................... 89,166

             Deputy Division Administrator.......................................................... 95,931

             Division Administrator...................................................................... 107,001

      (j) Nevada Transportation Authority

             Attorney............................................................................................. $104,540

             Chief Transportation Inspector........................................................ 101,847

 


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

2019 Statutes of Nevada, Page 3327 (CHAPTER 543, AB 542)

 

                                                                                                                            Annual

Title or Position                                                                                                  Salary

             Commissioner (each)........................................................................ $117,083

             Deputy Division Administrator........................................................ 104,540

             Division Administrator...................................................................... 124,867

             Financial Analyst (each)...................................................................... 89,271

             Manager................................................................................................. 96,723

      (k) Real Estate Division

             Deputy Division Administrator........................................................ $89,166

             Division Administrator...................................................................... 107,001

             Ombudsman........................................................................................... 81,279

      (l) Taxicab Authority

             Attorney............................................................................................. $104,540

             Division Administrator...................................................................... 124,867

      (m) Miscellaneous

             Administrative Law Judge............................................................... $116,839

             Executive Assistant.............................................................................. 61,495

             Ombudsman of Consumer Affairs for Minorities............................ 81,278

      14.  State Department of Conservation and Natural Resources:

             Deputy Director (each).................................................................... $117,453

             Director................................................................................................. 139,591

      (a) Division of Environmental Protection

             Division Administrator.................................................................... $135,287

      (b) Division of Forestry

             Division Administrator.................................................................... $117,453

      (c) Division of State Lands

             Division Administrator.................................................................... $107,001

      (d) Division of State Parks

             Division Administrator.................................................................... $117,453

      (e) Division of Water Resources

             Chief, Water Planning and Drought Resiliency............................. $95,931

             District Supervisor, Water Commissioner......................................... 77,483

             Division Administrator...................................................................... 135,287

      (f) Natural Heritage Program

             Administrator...................................................................................... $89,166

      (g) State Historic Preservation Office

             Administrator.................................................................................... $107,001

      (h) Miscellaneous

             Executive Assistant............................................................................ $61,495

      15.  Department of Corrections:

             Deputy Director, Industrial Programs............................................ $127,906

             Deputy Director, Operations, Northern Region............................. 127,906

             Deputy Director, Operations, Southern Region............................. 127,906

             Deputy Director, Support Services.................................................. 127,906

             Director................................................................................................. 139,591

             Executive Assistant.............................................................................. 61,495

             Medical Director................................................................................. 209,166

             Mental Health Director...................................................................... 117,453

      16.  Department of Education:

             Chief Strategy Officer......................................................................... $95,931

             Deputy Superintendent for Administrative and Fiscal Services. 117,453

 


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

2019 Statutes of Nevada, Page 3328 (CHAPTER 543, AB 542)

 

                                                                                                                            Annual

Title or Position                                                                                                  Salary

             Deputy Superintendent of Instructional, Research and Evaluative Services (each)  $117,453

             Director, Research and Evaluation Services..................................... 95,931

             Director, Safe and Respectful Learning Office................................. 95,931

             Executive Assistant.............................................................................. 61,495

             Superintendent of Public Instruction.............................................. 139,591

      17.  Department of Employment, Training and Rehabilitation:

             Assistant to the Director................................................................... $97,216

             Deputy Director.................................................................................. 127,906

             Director................................................................................................. 139,591

      (a) Employment Security Division

             Division Administrator.................................................................... $127,906

      (b) Equal Rights Commission

             Division Administrator...................................................................... $95,931

      (c) Information Development and Processing Division

             Division Administrator.................................................................... $117,453

      (d) Rehabilitation Division

            Chief, Disability Employment Policy................................................ $89,167

             Division Administrator...................................................................... 117,453

      (e) Miscellaneous

             Chief Auditor....................................................................................... $98,389

             Executive Assistant.............................................................................. 61,495

             Hearing Officer (each).......................................................................... 77,483

             Senior Attorney.................................................................................. 116,839

      18.  Department of Health and Human Services:

      (a) Aging and Disability Services

             Chief, Elder Rights.............................................................................. $95,931

             Deputy Division Administrator (each)............................................ 117,453

             Division Administrator...................................................................... 127,906

             Sign Language Interpreter (each)....................................................... 81,357

      (b) Child and Family Services

             Bureau Chief, Youth Parole Bureau............................................... $107,001

             Deputy Division Administrator (each)............................................ 117,453

             Division Administrator...................................................................... 127,906

             Superintendent, Caliente Youth Center........................................... 107,001

             Superintendent, Nevada Youth Training Center........................... 107,001

             Superintendent, Summit View Youth Correctional Center............ 112,349

      (c) Director’s Office

             Deputy Director, Administrative Services.................................... $117,453

             Deputy Director, Fiscal Services...................................................... 117,453

             Deputy Director, Programs................................................................ 117,453

             Director................................................................................................. 139,591

      (d) Health Care Financing and Policy

             Actuary.............................................................................................. $107,001

             Deputy Division Administrator (each)............................................ 117,453

             Division Administrator...................................................................... 127,906

      (e) Office of Consumer Health Assistance

             Governor’s Consumer Health Advocate....................................... $107,001

 


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

2019 Statutes of Nevada, Page 3329 (CHAPTER 543, AB 542)

 

                                                                                                                            Annual

Title or Position                                                                                                  Salary

             Ombudsman for Consumer Health Assistance (each).................. $85,326

      (f) Office of Minority Health

             Manager............................................................................................... $77,483

      (g) Public and Behavioral Health

             Chief Biostatistician......................................................................... $107,001

             Chief Medical Officer......................................................................... 235,866

             Deputy Division Administrator (each)............................................ 117,453

             Division Administrator...................................................................... 135,287

             Hospital Administrator...................................................................... 116,839

             Medical Epidemiologist..................................................................... 170,088

             Medical Program Coordinator, Mental Health Program................ 207,223

             State Epidemiologist........................................................................... 107,001

             Statewide Psychiatric Medical Director.......................................... 226,238

             Statewide Suicide Prevention Coordinator....................................... 77,483

             Statewide Suicide Prevention Trainer/Networking Facilitator (each) 73,793

      (h) Welfare and Supportive Services

             Deputy Division Administrator (each).......................................... $117,453

            Division Administrator...................................................................... 127,906

      (i) Miscellaneous

             Agency Manager (each).................................................................. $116,839

             Executive Assistant (each).................................................................. 61,495

      19.  Department of Indigent Defense Services:

             Deputy Director (each).................................................................... $135,287

             Deputy Public Defender, Appellate................................................. 104,540

             Deputy Public Defender (each)........................................................ 104,540

             Executive Assistant.............................................................................. 61,495

             Executive Director............................................................................... 136,516

             Investigator (each)............................................................................... 72,080

             State Public Defender......................................................................... 129,138

             Supervising Public Defender (appeals)........................................... 116,839

             Supervising Public Defender (office)............................................... 116,839

             Supervising Public Defender (trial).................................................. 116,839

      20.  Department of Motor Vehicles:

      (a) Director’s Office

             Deputy Director................................................................................ $135,287

             Director................................................................................................. 139,591

             Executive Assistant.............................................................................. 61,495

      (b) DMV Administrative Services

             Division Administrator.................................................................... $107,001

      (c) DMV Automation

             Division Administrator.................................................................... $117,453

      (d) DMV Central Services and Records

             Division Administrator.................................................................... $107,001

      (e) DMV Compliance Enforcement

             Deputy Administrator...................................................................... $107,001

             Division Administrator...................................................................... 117,453

 


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2019 Statutes of Nevada, Page 3330 (CHAPTER 543, AB 542)

 

                                                                                                                            Annual

Title or Position                                                                                                  Salary

      (f) DMV Field Services

             Deputy Administrator...................................................................... $107,001

             Division Administrator...................................................................... 117,453

      (g) DMV Motor Carrier

             Division Administrator.................................................................... $107,001

      (h) DMV Management Services and Programs

             Division Administrator.................................................................... $107,001

      (i) DMV Office of Administrative Hearings

             Administrative Law Judge (licensed attorney) (each)................ $116,839

             Administrative Law Judge (other than licensed attorney) (each) 104,540

             Chief Administrative Law Judge (licensed attorney).................... 129,138

             Chief Administrative Law Judge (other than licensed attorney). 116,839

      (j) Miscellaneous

             Administrator, Office of Project Management, STAR................ $122,830

             Organizational Change Manager, Office of Project Management, STAR 112,157

      21.  Department of Public Safety:

             Deputy Director................................................................................ $135,287

             Director................................................................................................. 139,591

             Executive Assistant.............................................................................. 61,495

      (a) Capitol Police

             Division Administrator.................................................................... $107,001

      (b) Highway Patrol

             Chief.................................................................................................... $135,287

             Lieutenant Colonel............................................................................. 135,287

      (c) Homeland Security

             Analyst Supervisor/NAIC Manager................................................ $80,980

             Division Administrator...................................................................... 127,906

      (d) Investigations

             Division Administrator.................................................................... $127,906

      (e) Office of Cyber Defense Coordination

             Division Administrator, Cyber Security........................................ $114,010

      (f) Office of Traffic Safety

             Division Administrator, Highway Safety Planning and Administration $89,167

      (g) Parole and Probation

             Chair, State Board of Parole Commissioners................................ $117,453

             Division Administrator...................................................................... 135,287

             Executive Assistant, Parole Board..................................................... 61,495

             Parole Board Member (each)............................................................... 95,931

      (h) Records, Communications and Compliance

             Division Administrator.................................................................... $122,711

      (i) State Fire Marshal

             Division Administrator.................................................................... $117,453

 


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

2019 Statutes of Nevada, Page 3331 (CHAPTER 543, AB 542)

 

                                                                                                                            Annual

Title or Position                                                                                                  Salary

      22.  Department of Sentencing Policy:

             Executive Director............................................................................. $136,516

             Staff Attorney..................................................................................... 104,540

      23.  Department of Taxation:

             Administrative Law Judge (licensed attorney)............................ $116,839

             Chief Administrative Law Judge (licensed attorney).................... 129,138

             Chief Deputy Director........................................................................ 127,906

             Deputy Director (each)...................................................................... 117,453

             Executive Assistant.............................................................................. 61,495

             Executive Director............................................................................... 139,591

             State Demographer............................................................................. 104,540

      24.  Department of Tourism and Cultural Affairs:

             Administrator, Nevada Arts Council............................................. $107,001

             Advertising Sales Representative...................................................... 64,715

             Art Director (each)................................................................................ 63,087

             Chief Deputy, Administration........................................................... 107,001

             Division Administrator, Museums and History............................. 107,001

             Deputy Director, Marketing and Advertising.................................. 84,813

             Deputy Director, Sales and Industry Partners................................. 84,813

             Development Specialist, Nevada Magazine (each)......................... 70,541

             Development Specialist, Tourism (each)........................................... 79,632

             Development Specialist II, Tourism (each)....................................... 84,813

             Director................................................................................................. 127,906

             Editor Publisher, Nevada Magazine................................................... 96,359

             Executive Assistant.............................................................................. 61,495

             Executive Director, Nevada Indian Commission.............................. 77,483

             Managing Editor, Publications........................................................... 74,071

             Operations and Finance Manager...................................................... 92,758

             Production Manager............................................................................ 59,707

             Project Analyst..................................................................................... 61,089

             Project Analyst II (each)...................................................................... 71,229

             Public Information Officer................................................................... 87,409

             Public Relations Specialist.................................................................. 79,633

      25.  Department of Transportation:

             Assistant Director, Administrative Services................................ $117,453

             Assistant Director, Engineering....................................................... 135,287

             Assistant Director, Operations......................................................... 135,287

             Assistant Director, Planning and Program Development............. 117,453

             Administrator of External Civil Rights............................................. 107,001

             Chief Pilot............................................................................................. 116,839

             Communications Director.................................................................... 95,931

             Deputy Director (each)...................................................................... 136,516

             Director................................................................................................. 139,591

             Executive Assistant.............................................................................. 61,495

             Hearings Officer.................................................................................... 77,483

             Pilot II..................................................................................................... 95,931

             Pilot III (each)...................................................................................... 104,540

 


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

2019 Statutes of Nevada, Page 3332 (CHAPTER 543, AB 542)

 

                                                                                                                            Annual

Title or Position                                                                                                  Salary

      26.  Department of Veterans Services:

             Administrator, Veterans Home....................................................... $117,453

             Deputy Director, Health and Wellness............................................. 89,166

             Deputy Director, Programs and Services.......................................... 89,167

             Director, Veterans Services............................................................... 104,540

             Executive Assistant.............................................................................. 61,495

      27.  Department of Wildlife:

             Chief Game Warden.......................................................................... $107,001

             Deputy Director (each)...................................................................... 117,453

             Director................................................................................................. 127,906

             Division Administrator, Conservation Education........................... 95,931

             Division Administrator, Fisheries Management.............................. 95,931

             Division Administrator, Game............................................................. 95,931

             Division Administrator, Habitat......................................................... 95,931

             Division Administrator, Wildlife Administration............................. 95,931

             Division Administrator, Wildlife Diversity....................................... 95,931

             Executive Assistant.............................................................................. 61,495

      28.  Colorado River Commission of Nevada:

             Administrative Services Officer...................................................... $130,546

             Assistant Director Energy Information Systems........................... 117,418

             Assistant Director Engineering and Operations............................ 130,466

             Assistant Hydropower Program Manager...................................... 110,897

             Assistant Power Supply Planner...................................................... 101,846

             Deputy Director.................................................................................. 136,989

             Director................................................................................................. 144,077

             Division Head, Water......................................................................... 130,546

             Energy Accountant.............................................................................. 86,093

             Energy Services Manager................................................................. 136,989

             Environmental Program Manager..................................................... 117,418

             Hydropower Program Manager........................................................ 123,944

             Manager, Power Accounting............................................................ 116,839

             Manager, Power Planner.................................................................... 116,839

             Natural Resource Specialist (each).................................................. 113,506

             Network Administrator........................................................................ 84,802

             Office Manager..................................................................................... 71,756

             Power Facilities Communication Technician (each)........................ 91,327

             Power Facilities Electrician.................................................................. 84,802

             Power Facilities Manager.................................................................. 117,418

             Power Supply Manager..................................................................... 120,429

             Power Supply Planner........................................................................ 117,453

             Senior Energy Accountant (each)...................................................... 97,848

             Senior Power Facilities Electrician (each).......................................... 91,327

             Senior Power Facilities Engineer...................................................... 112,903

      29.  Commission on Ethics:

             Associate Counsel........................................................................... $104,540

             Commission Counsel.......................................................................... 116,839

             Executive Assistant.............................................................................. 61,495

             Executive Director............................................................................... 116,839

             Investigator........................................................................................... 72,080

             Senior Legal Researcher...................................................................... 61,495

 


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

2019 Statutes of Nevada, Page 3333 (CHAPTER 543, AB 542)

 

                                                                                                                            Annual

Title or Position                                                                                                  Salary

      30.  Commission on Judicial Discipline:

             General Counsel................................................................................ $153,735

      31.  Commission on Mineral Resources:

             Administrator, Minerals................................................................... $114,712

             Chief for Dangerous Mines................................................................. 82,536

             Chief for Mine Regulation................................................................... 82,536

             Deputy Administrator, Minerals........................................................ 91,768

             Field Specialist, Minerals (each)......................................................... 69,874

             Program Manager, Oil, Gas and Geothermal................................... 105,623

      32.  Nevada Gaming Control Board:

      (a) Administration Division

             Chief.................................................................................................... $116,808

             Chief Deputy....................................................................................... 106,190