[Rev. 12/20/2019 5:10:35 PM]

Link to Page 3952

 

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

ê2019 Statutes of Nevada, Page 3953 (CHAPTER 603, SB 480)ê

 

EMERGENCY REQUEST of Senate Majority Leader

 

CHAPTER 604, SB 557

Senate Bill No. 557–Senators Cannizzaro, Ratti, Dondero Loop, Scheible, Parks; Brooks, Cancela, Denis, D. Harris, Ohrenschall, Spearman, Washington and Woodhouse

 

CHAPTER 604

 

[Approved: June 12, 2019]

 

AN ACT relating to campaign practices; defining “personal use” of campaign contributions; prohibiting a candidate or public officer from paying himself or herself a salary with campaign contributions; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law makes it unlawful for a candidate to spend money received as a campaign contribution for the candidate’s personal use. Existing law also authorizes a candidate who is elected to a public office to use unspent contributions to pay expenses related to the public office. (NRS 294A.160)

      Section 6 of this bill clarifies that it is unlawful for a public officer to use unspent contributions for the public officer’s personal use. Section 3 of this bill defines “personal use” as the use of contributions to fulfill a commitment, obligation or expense of: (1) a candidate that would exist irrespective of his or her campaign; or (2) a public officer that would exist irrespective of the duties of his or her public office.

      Section 6 makes it unlawful for a candidate or public officer to pay himself or herself a salary with campaign contributions.

      Section 9 of this bill increases the existing civil penalty from $5,000 to $10,000 for each violation of the campaign finance laws.

 

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 294A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.

      Sec. 2. “Organization” means:

      1.  Any form of business or social organization; and

      2.  Any nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust, unincorporated organization, labor union, committee for political action, political party and committee sponsored by a political party.

      Sec. 3. “Personal use” means any use of contributions to fulfill a commitment, obligation or expense of:

      1.  A candidate that would exist irrespective of his or her campaign.

      2.  A public officer that would exist irrespective of the duties of his or her public office,

Ê as applicable.

      Sec. 4.  (Deleted by amendment.)

 


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

ê2019 Statutes of Nevada, Page 3954 (CHAPTER 604, SB 557)ê

 

      Sec. 5. NRS 294A.002 is hereby amended to read as follows:

      294A.002  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 294A.0025 to 294A.014, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.

      Sec. 6. NRS 294A.160 is hereby amended to read as follows:

      294A.160  1.  It is unlawful for [a] :

      (a) A candidate to spend money received as a contribution [for] :

             (1) For the candidate’s personal use [.] ; or

             (2) To pay himself or herself a salary.

      (b) A public officer to spend unspent contributions:

             (1) For the public officer’s personal use; or

             (2) To pay himself or herself a salary.

      2.  Notwithstanding the provisions of NRS 294A.286, a candidate or public officer may use contributions to pay for any legal expenses that the candidate or public officer incurs in relation to a campaign or serving in public office without establishing a legal defense fund. Any such candidate or public officer shall report any expenditure of contributions to pay for legal expenses in the same manner and at the same time as the report filed pursuant to NRS 294A.120 or 294A.200. A candidate or public officer shall not use contributions to satisfy a civil or criminal penalty imposed by law.

      3.  Every candidate for office at a primary election, general election or special election who is elected to that office and received contributions that were not spent or committed for expenditure before the primary election, general election or special election shall dispose of the money through one or any combination of the following methods:

      (a) Return the unspent money to contributors;

      (b) Use the money in the candidate’s next election or for the payment of other expenses related to public office or his or her campaign, regardless of whether he or she is a candidate for a different office in the candidate’s next election;

      (c) Contribute the money to:

             (1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;

             (2) A political party; or

             (3) Any combination of persons or groups set forth in subparagraphs (1) and (2);

      (d) Donate the money to any tax-exempt nonprofit entity; or

      (e) Donate the money to any governmental entity or fund of this State or a political subdivision of this State. A candidate who donates money pursuant to this paragraph may request that the money be used for a specific purpose.

      4.  Every candidate for office at a primary election, general election or special election who withdraws pursuant to NRS 293.202 or 293C.195 after filing a declaration of candidacy or an acceptance of candidacy, is removed from the ballot by court order or is defeated for or otherwise not elected to that office and who received contributions that were not spent or committed for expenditure before the primary election, general election or special election shall, not later than the 15th day of the second month after the election, dispose of the money through one or any combination of the following methods:

      (a) Return the unspent money to contributors;

      (b) Contribute the money to:

 


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

ê2019 Statutes of Nevada, Page 3955 (CHAPTER 604, SB 557)ê

 

             (1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;

             (2) A political party; or

             (3) Any combination of persons or groups set forth in subparagraphs (1) and (2);

      (c) Donate the money to any tax-exempt nonprofit entity; or

      (d) Donate the money to any governmental entity or fund of this State or a political subdivision of this State. A candidate who donates money pursuant to this paragraph may request that the money be used for a specific purpose.

      5.  Every candidate for office who withdraws after filing a declaration of candidacy or an acceptance of candidacy, is defeated for that office at a primary election or is removed from the ballot by court order before a primary election or general election and who received a contribution from a person in excess of $5,000 shall, not later than the 15th day of the second month after the primary election or general election, as applicable, return any money in excess of $5,000 to the contributor.

      6.  Except for a former public officer who is subject to the provisions of subsection 10, every person who qualifies as a candidate by receiving one or more qualifying contributions in excess of $100 but who, within 4 years after the date of receiving the first of those qualifying contributions, does not:

      (a) File a declaration of candidacy or an acceptance of candidacy; or

      (b) Appear on an official ballot at any election,

Ê shall, not later than the 15th day of the month after the end of the 4-year period, dispose of all contributions that have not been spent or committed for expenditure through one or any combination of the methods set forth in subsection 4.

      7.  Except as otherwise provided in subsection 8, every public officer who:

      (a) Does not run for reelection to the office which he or she holds;

      (b) Is not a candidate for any other office and does not qualify as a candidate by receiving one or more qualifying contributions in excess of $100; and

      (c) Has contributions that are not spent or committed for expenditure remaining from a previous election,

Ê shall, not later than the 15th day of the second month after the expiration of the public officer’s term of office, dispose of those contributions in the manner provided in subsection 4.

      8.  Every public officer who:

      (a) Resigns from his or her office;

      (b) Is not a candidate for any other office and does not qualify as a candidate by receiving one or more qualifying contributions in excess of $100; and

      (c) Has contributions that are not spent or committed for expenditure remaining from a previous election,

Ê shall, not later than the 15th day of the second month after the effective date of the resignation, dispose of those contributions in the manner provided in subsection 4.

      9.  Except as otherwise provided in subsection 10, every public officer who:

      (a) Does not run for reelection to the office which he or she holds or who resigns from his or her office;

 


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

ê2019 Statutes of Nevada, Page 3956 (CHAPTER 604, SB 557)ê

 

      (b) Is a candidate for any other office or qualifies as a candidate by receiving one or more qualifying contributions in excess of $100; and

      (c) Has contributions that are not spent or committed for expenditure remaining from a previous election,

Ê may use the unspent contributions in a future election. Such a public officer is subject to the reporting requirements set forth in NRS 294A.120, 294A.125, 294A.128, 294A.200 and 294A.362 for as long as the public officer is a candidate for any office or qualifies as a candidate by receiving one or more qualifying contributions in excess of $100.

      10.  Every former public officer described in subsection 9 who qualifies as a candidate by receiving one or more qualifying contributions in excess of $100 but who, within 4 years after the date of receiving the first of those qualifying contributions, does not:

      (a) File a declaration of candidacy or an acceptance of candidacy; or

      (b) Appear on an official ballot at any election,

Ê shall, not later than the 15th day of the month after the end of the 4-year period, dispose of all contributions that have not been spent or committed for expenditure through one or any combination of the methods set forth in subsection 4.

      11.  In addition to the methods for disposing of the unspent money set forth in this section, a Legislator may donate not more than $500 of that money to the Nevada Silver Haired Legislative Forum created pursuant to NRS 427A.320.

      12.  Any contributions received before a candidate for office at a primary election, general election or special election dies that were not spent or committed for expenditure before the death of the candidate must be disposed of in the manner provided in subsection 4.

      13.  The court shall, in addition to any penalty which may be imposed pursuant to NRS 294A.420, order the candidate or public officer to dispose of any remaining contributions in the manner provided in this section.

      14.  As used in this section:

      (a) “Contribution” includes, without limitation, any interest and other income earned on a contribution.

      (b) “Qualifying contribution” means the receipt of a contribution that causes a person to qualify as a candidate pursuant to subsection 4 of NRS 294A.005.

      Sec. 7. NRS 294A.373 is hereby amended to read as follows:

      294A.373  1.  Any report required pursuant to this chapter must be completed on the form designed and made available by the Secretary of State pursuant to this section.

      2.  The Secretary of State shall design forms to be used for all reports that are required to be filed pursuant to this chapter.

      3.  The forms designed by the Secretary of State pursuant to this section must only request information specifically required by statute.

      4.  The Secretary of State shall make available to each candidate, person, organization, committee or political party that is required to file a report pursuant to this chapter:

      (a) If the candidate, person, committee or political party has submitted an affidavit to the Secretary of State pursuant to NRS 294A.3733 or 294A.3737, as applicable, a copy of the form; or

      (b) If the candidate, person, organization, committee or political party is required to submit the report electronically to the Secretary of State, access through a secure website to the form.

 


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

ê2019 Statutes of Nevada, Page 3957 (CHAPTER 604, SB 557)ê

 

      5.  A report filed pursuant to this chapter must be signed under an oath to God or penalty of perjury. If the candidate, person, organization, committee or political party is required to submit electronically a report described in subsection 1, the form must be signed electronically under an oath to God or penalty of perjury. A person who signs the report or form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.

      Sec. 8. NRS 294A.400 is hereby amended to read as follows:

      294A.400  Based on the reports received pursuant to this chapter, the Secretary of State shall, not later than February 15 of each odd-numbered year, prepare and make available for public inspection a compilation of:

      1.  The following totals for each candidate from whom reports of contributions and campaign expenses are required pursuant to this chapter:

      (a) The total amount of monetary contributions to the candidate;

      (b) The total amount of goods and services provided to the candidate in kind for which money would otherwise have been paid;

      (c) The total amount of loans guaranteed by a third party and forgiveness of any loans previously made to the candidate;

      (d) The total amount committed to the candidate via written commitments for contributions; and

      (e) The total amount of campaign expenses.

      2.  The following totals for each person, organization, committee, political party or nonprofit corporation from which reports of contributions and campaign expenses are required pursuant to this chapter:

      (a) The total amount of monetary contributions to the person, organization, committee, political party or nonprofit corporation;

      (b) The total amount of goods and services provided to the person, organization, committee, political party or nonprofit corporation in kind for which money would otherwise have been paid; and

      (c) The total amount of independent expenditures or other expenditures, as applicable, made by the person, organization, committee, political party or nonprofit corporation.

      3.  The following totals for each committee for political action for which reports of contributions and expenditures are required pursuant to this chapter:

      (a) The total amount of monetary contributions to the committee for political action;

      (b) The total amount of goods and services provided to the committee for political action in kind for which money would otherwise have been paid; and

      (c) The total amount of expenditures made by the committee for political action.

      4.  The contributions made to and expenditures from a committee for the recall of a public officer in excess of $100.

      5.  The total contributions received by and expenditures made from a legal defense fund.

      Sec. 9. NRS 294A.420 is hereby amended to read as follows:

      294A.420  1.  If the Secretary of State receives information that a candidate, person, organization, committee, political party or nonprofit corporation that is subject to the provisions of NRS 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.230, 294A.250, 294A.270, 294A.280 or 294A.286 has not filed a report or form for registration pursuant to the applicable provisions of those sections, the Secretary of State may, after giving notice to that candidate, person, organization, committee, political party or nonprofit corporation, cause the appropriate proceedings to be instituted in the First Judicial District Court.

 


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

ê2019 Statutes of Nevada, Page 3958 (CHAPTER 604, SB 557)ê

 

organization, committee, political party or nonprofit corporation, cause the appropriate proceedings to be instituted in the First Judicial District Court.

      2.  Except as otherwise provided in this section, a candidate, person, organization, committee, political party or nonprofit corporation that violates an applicable provision of this chapter is subject to a civil penalty of not more than [$5,000] $10,000 for each violation and payment of court costs and attorney’s fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the Secretary of State in the First Judicial District Court and deposited by the Secretary of State for credit to the State General Fund in the bank designated by the State Treasurer.

      3.  If a civil penalty is imposed because a candidate, person, organization, committee, political party or nonprofit corporation has reported its contributions, campaign expenses, independent expenditures or other expenditures after the date the report is due, except as otherwise provided in this subsection, the amount of the civil penalty is:

      (a) If the report is not more than 7 days late, $25 for each day the report is late.

      (b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.

      (c) If the report is more than 15 days late, $100 for each day the report is late.

Ê A civil penalty imposed pursuant to this subsection against a public officer who by law is not entitled to receive compensation for his or her office or a candidate for such an office must not exceed a total of $100 if the public officer or candidate received no contributions and made no expenditures during the relevant reporting periods.

      4.  For good cause shown, the Secretary of State may waive a civil penalty that would otherwise be imposed pursuant to this section.

      5.  When considering whether to waive, pursuant to subsection 4, a civil penalty that would otherwise be imposed pursuant to subsection 3, the Secretary of State may consider, without limitation:

      (a) The seriousness of the violation, including, without limitation, the nature, circumstances and extent of the violation;

      (b) Any history of violations committed by the candidate, person, organization, committee, political party or nonprofit corporation against whom the civil penalty would otherwise be imposed;

      (c) Any mitigating factor, including, without limitation, whether the candidate, person, organization, committee, political party or nonprofit corporation against whom the civil penalty would otherwise be imposed reported the violation, corrected the violation in a timely manner, attempted to correct the violation or cooperated with the Secretary of State in resolving the situation that led to the violation;

      (d) Whether the violation was inadvertent;

      (e) Any knowledge or experience the candidate, person, organization, committee, political party or nonprofit corporation has with the provisions of this chapter; and

      (f) Any other factor that the Secretary of State deems to be relevant.

      6.  If the Secretary of State waives a civil penalty pursuant to subsection 4, the Secretary of State shall:

      (a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and

 


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

ê2019 Statutes of Nevada, Page 3959 (CHAPTER 604, SB 557)ê

 

      (b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.

      7.  The remedies and penalties provided by this chapter are cumulative, do not abrogate and are in addition to any other remedies and penalties that may exist at law or in equity, including, without limitation, any criminal penalty that may be imposed pursuant to this chapter or NRS 199.120, 199.145 or 239.330.

      Sec. 10. (Deleted by amendment.)

      Sec. 11.  Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after June 3, 2019.

      Sec. 12.  This act becomes effective:

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

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

________

CHAPTER 605, AB 331

Assembly Bill No. 331–Assemblyman Yeager

 

CHAPTER 605

 

[Approved: June 12, 2019]

 

AN ACT relating to pupils; creating the Outdoor Education and Recreation Grant Program; requiring the Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources to develop and administer the Grant Program; requiring the Administrator to adopt regulations; requiring the Administrator to appoint an advisory committee; creating the Outdoor Education and Recreation Grant Program Account and the Outdoor Education and Recreation Grant Program Endowment Fund; prescribing the uses of the money in the Account and in the Fund; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill creates the Outdoor Education and Recreation Grant Program. Section 3 of this bill requires the Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources, within the limits of available resources, to develop and administer a program to award grants to public and private entities to conduct outdoor education and recreation programs for pupils in this State. Those programs must: (1) enable the pupils to experience directly the natural world; (2) integrate that experience with exposure to matters concerning the environment, agriculture or natural resources or other related matters; (3) be designed to improve the pupils’ overall academic performance and other personal attributes; and (4) be primarily focused on pupils who are from economically disadvantaged backgrounds or at risk of failing academically or dropping out of school. Section 3 also requires the Administrator to adopt regulations prescribing the criteria for eligibility, the procedures for the submission and review of applications and the substantive priorities for programs to be selected to receive money from the Grant Program. Section 4 of this bill requires the Administrator to establish an advisory committee to assist in the development and administration of the Grant Program.

 


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

ê2019 Statutes of Nevada, Page 3960 (CHAPTER 605, AB 331)ê

 

administration of the Grant Program. Section 5 of this bill creates the Outdoor Education and Recreation Grant Program Account and requires the Administrator to deposit in the Account any appropriation, gift, grant, bequest or donation of money received for the use of the Grant Program. Section 6 of this bill creates the Outdoor Education and Recreation Grant Program Endowment Fund to receive any contribution to the Fund. Section 6 also requires the principal of the Fund to remain intact and allows only the interest and income earned on the principal to be used to carry out the Grant Program. Section 7 of this bill makes an appropriation to the Division for the personnel and operating costs of the Grant Program.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 407 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 sections 2 to 6, inclusive, of this act, unless the context otherwise requires, “Grant Program” means the Outdoor Education and Recreation Grant Program created by section 3 of this act.

      Sec. 3. 1.  The Outdoor Education and Recreation Grant Program is hereby created for the purpose of awarding grants to eligible public agencies, private nonprofit organizations and other community-based entities to conduct outdoor education and recreation programs for pupils in this State. Such an outdoor education and recreation program must:

      (a) Provide the pupils with high-quality opportunities to directly experience the natural world;

      (b) Integrate that experience with exposure to matters concerning the environment, agriculture, natural resources or other related matters;

      (c) Be designed to improve the overall academic performance, self-esteem, personal responsibility, community involvement, personal health or understanding of nature of pupils; and

      (d) Be primarily focused on pupils who are:

             (1) From economically disadvantaged backgrounds, as measured by their eligibility for free or reduced-price meals pursuant to 42 U.S.C. §§ 1751 et seq. or an alternative measure prescribed by the State Board of Education;

             (2) Most likely to fail academically; or

             (3) Appear to have the greatest potential to drop out of school.

      2.  The Administrator shall, within the limits of available resources, develop and administer the Grant Program and adopt regulations for its governance. The regulations must prescribe, without limitation:

      (a) The criteria for eligibility to receive money from the Grant Program;

      (b) Procedures for the submission and review of applications to receive money from the Grant Program;

      (c) Priorities for program selection that take into account, without limitation, the extent to which a program:

             (1) Contributes to the reduction of academic failure and dropout rates;

             (2) Uses a curriculum that is research-based and effective;

             (3) Contributes to the healthy lifestyles of pupils through outdoor recreation and sound nutrition;

             (4) Makes use of state parks as venues and the personnel of the Department as expert resources;

 


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

ê2019 Statutes of Nevada, Page 3961 (CHAPTER 605, AB 331)ê

 

             (5) Maximizes the number of pupils that can participate;

             (6) Commits to providing matching funds and in-kind resources;

             (7) Creates partnerships with other public or private entities;

             (8) Provides participating pupils with opportunities to directly experience and understand nature and the natural world; and

             (9) Includes ongoing evaluation, assessment, and reporting of the effectiveness of the program.

      3.  As used in this section, “public agency” has the meaning ascribed to it in NRS 277.100.

      Sec. 4. 1.  The Administrator shall, by regulation, establish an advisory committee to assist and advise the Administrator in the development and administration of the Grant Program. The regulations must specify:

      (a) The membership of the committee;

      (b) The duties of the committee;

      (c) The terms of members of the committee; and

      (d) The rules for the governance of the committee.

      2.  The Administrator shall appoint members to the advisory committee who have knowledge and experience in outdoor education and recreation and matters concerning the environment, agriculture, natural resources or other related matters relevant to the purposes of the Grant Program. The advisory committee must include, without limitation, members from:

      (a) Agencies of state and local government;

      (b) Public schools, private schools, charter schools and school districts;

      (c) Private nonprofit organizations and community-based programs; and

      (d) The business community.

      3.  In addition to the membership prescribed by subsection 2, the Administrator shall appoint to the advisory committee a person who was or is a pupil in this State and participated in an outdoor education and recreation program that was funded by a grant awarded pursuant to section 3 of this act or, if no such person is available to serve, a person who represents pupils in this State and has knowledge and experience in outdoor education and recreation programs.

      4.  To the extent that money is available for that purpose, each member of the advisory committee who is not an officer or employee of the State of Nevada is entitled to receive a salary of not more than $80 per day, fixed by the Administrator, for each day or portion of a day spent on the business of the advisory committee. Each member of the advisory committee who is an officer or employee of the State of Nevada serves without additional compensation. To the extent that money is available for that purpose, each member of the advisory committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      5.  Each member of the advisory committee who is an officer or employee of the State of Nevada or a local government must be relieved from his or her duties without loss of regular compensation so that he or she may prepare for and attend meetings of the advisory committee and perform any work necessary to carry out the duties of the advisory committee in the most timely manner practicable. A state agency or local governmental entity may not require an employee who is a member of the advisory committee to make up time or take annual vacation or compensatory time for the time that he or she is absent from work to carry out his or her duties as a member of the advisory committee.

 


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

ê2019 Statutes of Nevada, Page 3962 (CHAPTER 605, AB 331)ê

 

compensatory time for the time that he or she is absent from work to carry out his or her duties as a member of the advisory committee.

      Sec. 5. 1.  The Outdoor Education and Recreation Grant Program Account is hereby created in the State General Fund.

      2.  The Administrator shall administer the Account.

      3.  In addition to any direct legislative appropriation, the Administrator may apply for and accept any gift, grant, bequest, donation or other source of money. Except as otherwise provided in section 6 of this act, any money so received must be deposited in the Account.

      4.  Any interest and income earned on money in the Account, after deducting any applicable charges, must be credited to the Account.

      5.  The money in the Account must be used to carry out the Grant Program.

      6.  Claims against the Account must be paid as other claims against the State are paid.

      7.  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 to the next fiscal year.

      Sec. 6. 1.  The Outdoor Education and Recreation Grant Program Endowment Fund is hereby created as a trust fund in the State Treasury.

      2.  The Administrator shall administer the Fund.

      3.  The State Treasurer shall deposit in the Fund:

      (a) Any money that the State Treasurer receives from a person who wishes to contribute to the Fund; and

      (b) Any interest or income earned on money in the Fund.

      4.  The money that represents the principal of the Fund must not be spent for any purpose. The money that represents the interest or income earned may be spent or transferred to the Outdoor Education and Recreation Grant Program Account created by section 5 of this act and must be used to carry out the Grant Program.

      5.  Claims against the Fund must be paid as other claims against the State are paid.

      Sec. 7.  1.  There is hereby appropriated from the State General Fund to the Division of State Parks of the State Department of Conservation and Natural Resources for the personnel and operating costs of the Outdoor Education and Recreation Grant Program created by section 3 of this act the following sums:

For the Fiscal Year 2019-2020............................................................ $99,135

For the Fiscal Year 2020-2021............................................................ $96,659

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2020, and September 17, 2021, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, respectively.

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

________

 


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

ê2019 Statutes of Nevada, Page 3963ê

 

CHAPTER 606, AB 155

Assembly Bill No. 155–Assemblymen Torres, McCurdy, Assefa, Neal, Bilbray-Axelrod; Backus, Benitez-Thompson, Cohen, Duran, Flores, Frierson, Fumo, Gorelow, Jauregui, Martinez, Miller, Monroe-Moreno, Munk, Nguyen and Swank

 

CHAPTER 606

 

[Approved: June 12, 2019]

 

AN ACT relating to education; reducing the minimum number of credit hours required per semester for eligibility for a grant awarded under the Silver State Opportunity Grant Program; creating an exception to the credit hour requirement; prescribing the order of priority in which grants under the Program must be awarded; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Silver State Opportunity Grant Program. Under the Program, the Board of Regents of the University of Nevada is required to award grants to eligible students to pay for a portion of the cost of education at a community college or state college that is part of the Nevada System of Higher Education. One of the requirements for eligibility for such a grant is that a student be enrolled, or accepted to be enrolled, during a semester in at least 15 credit hours at a community college or state college that is part of the Nevada System of Higher Education. (NRS 396.952) Section 1 of this bill reduces the minimum number of such required credit hours to 12 credit hours and provides that a student who is enrolled in fewer than 12 credit hours is still eligible for a grant if the student is enrolled in his or her final semester of study. Section 3 of this bill makes conforming changes.

      Section 2 of this bill prescribes the order of priority in which grants must be awarded, which is based on the number of credit hours in which the student is enrolled, or accepted to be enrolled, and whether the student is enrolled, or accepted to be enrolled, in the final semester of a program of study.

 

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 396.952 is hereby amended to read as follows:

      396.952  1.  The Silver State Opportunity Grant Program is hereby created for the purpose of awarding grants to eligible students to pay for a portion of the cost of education at a community college or state college within the System.

      2.  The Board of Regents shall administer the Program.

      3.  In administering the Program, the Board of Regents shall for each semester, subject to the limits of money available for this purpose, award a grant to each eligible student to pay for a portion of the cost of education at a community college or state college within the System.

      4.  To be eligible for a grant awarded under the Program, a student must:

      (a) [Be] Except as otherwise provided in this section, be enrolled, or accepted to be enrolled, during a semester in at least [15] 12 credit hours at a community college or state college within the System;

      (b) Be enrolled in a program of study leading to a recognized degree or certificate;

 


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

ê2019 Statutes of Nevada, Page 3964 (CHAPTER 606, AB 155)ê

 

      (c) Demonstrate proficiency in English and mathematics sufficient for placement into college-level English and mathematics courses pursuant to regulations adopted by the Board of Regents for such placement;

      (d) Be a bona fide resident of the State of Nevada for the purposes of determining pursuant to NRS 396.540 whether the student is assessed a tuition charge; and

      (e) Complete the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090.

      5.  A student who is enrolled, or accepted to be enrolled, in the final semester of his or her program of study in less than 12 credit hours at a community college or state college within the System is eligible for a grant awarded under the Program.

      Sec. 2. NRS 396.954 is hereby amended to read as follows:

      396.954  1.  For each eligible student, the Board of Regents or a designee thereof shall:

      (a) Calculate the maximum amount of the grant which the student is eligible to receive. The maximum amount of such a grant must not exceed the amount equal to the cost of education of the student minus the amounts determined for the student contribution, family contribution and federal contribution to the cost of education of the student.

      (b) Determine the actual amount of the grant which will be awarded to each student, which amount must not exceed the maximum amount calculated pursuant to paragraph (a), but which may be in a lesser amount if the Board of Regents or a designee thereof, as applicable, determines that the amount of money available for all grants for any semester is insufficient to award to all eligible students in a category prescribed in subsection 2 the maximum amount of the grant which each student is eligible to receive.

      [(c) Award]

      2.  The Board of Regents or a designee thereof shall award to [each eligible student] eligible students a grant in the amount determined pursuant to paragraph (b) [.

      2.] of subsection 1 in the following order of priority:

      (a) First, to eligible students who are enrolled in at least 15 credit hours at a community college or state college within the System;

      (b) If money is available after awarding grants to all eligible students described in paragraph (a), to remaining eligible students who are enrolled, or accepted to be enrolled, in the final semester of a program of study at a community college or state college within the System; and

      (c) If money is available after awarding grants to all eligible students described in paragraphs (a) and (b), to remaining eligible students.

      3.  Money received from a grant awarded under the Program must be used by a student only to pay for the cost of education of the student at a community college or state college within the System and not for any other purpose.

      Sec. 3. NRS 396.956 is hereby amended to read as follows:

      396.956  1.  The Board of Regents:

      (a) Shall adopt regulations prescribing the procedures and standards for determining the eligibility of a student for a grant from the Program.

      (b) Shall adopt regulations prescribing the methodology by which the Board of Regents or a designee thereof will calculate:

 


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

ê2019 Statutes of Nevada, Page 3965 (CHAPTER 606, AB 155)ê

 

             (1) The cost of education of a student at each community college and state college within the System, which must be consistent with the provisions of 20 U.S.C. § 1087ll.

             (2) For each student, the amounts of the student contribution, family contribution and federal contribution to the cost of education of the student.

             (3) The maximum amount of the grant for which a student is eligible.

      (c) Shall adopt regulations prescribing the process by which each student may meet the credit-hour requirement described in [paragraph (a) of subsection 4 of] NRS 396.952 for eligibility for a grant awarded under the Program.

      (d) May adopt any other regulations necessary to carry out the Program.

      2.  The regulations prescribed pursuant to this section must provide that:

      (a) In determining the student contribution to the cost of education, the student contribution must not exceed the amount that the Board of Regents determines the student reasonably could be expected to earn from employment during the time the student is enrolled at a community college or state college within the System, including, without limitation, during breaks between semesters. This paragraph and any regulations adopted pursuant to this section must not be construed to require a student to seek or obtain employment as a condition of eligibility for a grant under the Program.

      (b) Determination of the family contribution to the cost of education must be based on the family resources reported in the Free Application for Federal Student Aid submitted by the student.

      (c) Determination of the federal contribution to the cost of education must be equal to the total amount that the student and his or her family are expected to receive from the Federal Government as grants.

      Sec. 4.  This act becomes effective on July 1, 2019.

________

CHAPTER 607, SB 80

Senate Bill No. 80–Committee on Education

 

CHAPTER 607

 

[Approved: June 12, 2019]

 

AN ACT relating to the welfare of pupils; renaming the Safe-to-Tell Program within the Office for a Safe and Respectful Learning Environment within the Department of Education as the SafeVoice Program; requiring the establishment of the Handle with Care Program; requiring officers and employees of law enforcement agencies to notify the Handle with Care Program of certain information about a child who may attend a public school and has been exposed to certain events; requiring information submitted to the Handle with Care Program to be provided to certain school personnel; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the establishment of the Safe-to-Tell Program within the Office for a Safe and Respectful Learning Environment within the Department of Education. That Program allows a person to make an anonymous report to a support center regarding dangerous, violent or unlawful activity that is conducted, or threatened to be conducted, on property of a public school or in certain other circumstances related to public schools.

 


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

ê2019 Statutes of Nevada, Page 3966 (CHAPTER 607, SB 80)ê

 

circumstances related to public schools. (NRS 388.1455) Any anonymous tip made through the Safe-to-Tell Program is then forwarded to certain trained personnel at the public school to take appropriate action. (NRS 388.14553) Sections 5 and 7 of this bill change the name of the Safe-to-Tell Program to instead be the SafeVoice Program. Sections 3-13 of this bill make conforming changes.

      Section 3 of this bill similarly requires the establishment of the Handle with Care Program within the Office for a Safe and Respectful Learning Environment to receive notifications from law enforcement officers or agencies when a child is exposed to a traumatic event as required by section 14 of this bill. Section 3 requires the Handle with Care Program to use the support center of the Safe-to-Tell Program or a similar program as identified by a school district for such notifications. Section 3 limits the information to be included in the notification to only certain identifying information regarding the child, except that, an officer or employee of a law enforcement agency may include additional information about the event if the officer or employee believes that disclosing such information is in the best interest of the child or is necessary for reasons related to school safety. Upon receipt of notification, section 3 requires the support center to determine whether the child attends a public school and if so, to notify certain trained personnel of the public school of the traumatic event. Section 8 of this bill requires those trained personnel to take appropriate action in accordance with their training when they receive notification that a pupil has been exposed to a traumatic event. (NRS 388.14553)

      Existing law requires the Director of the Office for a Safe and Respectful Learning Environment to provide training related to the Safe-to-Tell Program to certain public school personnel. (NRS 388.1455) Section 3 additionally requires the Director to provide training regarding the Handle with Care Program to certain persons who will be involved with the Program.

      Existing law provides immunity from liability to certain trained personnel of the public school appointed to respond to reports submitted to the Safe-to-Tell Program for acts or omissions of those personnel in carrying out their duties relating to the Program. (NRS 388.14555) Section 9 of this bill expands that immunity to when such personnel carry out their duties relating to the Handle with Care Program.

      Section 14 requires a law enforcement officer or employee of a law enforcement agency to notify the Program of a traumatic event if the event involves: (1) domestic violence in the presence of the child; (2) the death of a member of the family or household of the child; (3) the arrest of a parent or guardian of the child in the presence of the child; and (4) child abuse or neglect. Section 14 also authorizes an officer or employee of a law enforcement agency to notify the Program if the officer or employee reasonably believes a child has been exposed to any other event that may affect his or her ability to succeed at school. Section 14 provides that notification is not required if disclosure of information that would be contained in the notification may compromise an ongoing investigation.

      Sections 4 and 10 of this bill make conforming changes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. “Handle with Care Program” means the Program established pursuant to section 3 of this act.

      Sec. 3. 1.  The Director shall establish the Handle with Care Program within the Office for a Safe and Respectful Learning Environment. The Handle with Care Program must enable a law enforcement officer or agency to notify the Program when a child who may attend a public school is exposed to a traumatic event or other event that may affect his or her ability to succeed at school as described in section 14 of this act.

 


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

ê2019 Statutes of Nevada, Page 3967 (CHAPTER 607, SB 80)ê

 

exposed to a traumatic event or other event that may affect his or her ability to succeed at school as described in section 14 of this act.

      2.  The Handle with Care Program must use the support center established for the SafeVoice Program and teams appointed pursuant to NRS 388.14553 or a similar program designated by a school district. The support center shall establish a separate hotline and any other appropriate method to allow a law enforcement officer or agency to provide the notification described in subsection 1.

      3.  Notification submitted by a law enforcement officer or employee of a law enforcement agency must include only identifying information about the child. Such information must include, to the extent that it is available, the name of the child, the grade and school where the child is enrolled and the date of birth of the child.

      4.  The notification may include basic information about the traumatic event if the law enforcement officer or employee reasonably believes that disclosing such information is in the best interest of the child or necessary for reasons related to school safety.

      5.  Upon receiving notification from a law enforcement officer or employee of a law enforcement agency, the support center shall determine whether the child attends a public school in this State. If so, the team appointed pursuant to NRS 388.14553 must be notified that the child has been exposed to a traumatic event.

      6.  The Director shall provide training regarding:

      (a) The Handle with Care Program to law enforcement agencies and employees of law enforcement agencies that may respond to a traumatic event involving a child, the board of trustees of a school district, the governing body of a charter school and any other entity whose employees and volunteers the Director determines should receive training regarding the Program;

      (b) The procedure for notifying the support center when a child who may attend a public school is exposed to a traumatic event or other event that may affect his or her ability to succeed at school and the information to include in the notification;

      (c) Properly responding to notification received from the support center, including, without limitation, the manner in which to respond to notification through the Handle with Care Program, to each member of a team appointed pursuant to NRS 388.14553; and

      (d) Collaboration with teachers and other members of the staff of a school, pupils, family members of pupils and other persons, as appropriate, to reduce the negative impact of the traumatic event on the affected pupil and appropriate interventions that may be available to assist the pupil.

      7.  The State Board shall adopt regulations necessary to carry out the provisions of this section.

      Sec. 4. NRS 388.1451 is hereby amended to read as follows:

      388.1451  As used in NRS 388.1451 to 388.1459, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 388.1452 to 388.14535, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 5. NRS 388.1453 is hereby amended to read as follows:

      388.1453  [“Safe-to-Tell Program” or “Program”] “SafeVoice Program” means the [Safe-to-Tell] SafeVoice Program established within the Office for a Safe and Respectful Learning Environment pursuant to NRS 388.1455.

 


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

ê2019 Statutes of Nevada, Page 3968 (CHAPTER 607, SB 80)ê

 

      Sec. 6. NRS 388.1454 is hereby amended to read as follows:

      388.1454  The Legislature hereby finds and declares that [:] a SafeVoice Program is necessary because:

      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 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. 7. 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 SafeVoice 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.

      3.  On behalf of the SafeVoice 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.

 


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

ê2019 Statutes of Nevada, Page 3969 (CHAPTER 607, SB 80)ê

 

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 SafeVoice Program on an Internet website maintained by the Director;

      (b) Provide to each public school educational materials regarding the SafeVoice 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 SafeVoice Program.

      6.  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. 8. NRS 388.14553 is hereby amended to read as follows:

      388.14553  1.  The board of trustees of a school district or the governing body of a charter school shall:

      (a) Appoint a team of at least three members of the staff of each public school, other than a charter school, that is located in the school district or of the charter school, as applicable, including, without limitation, a school counselor, psychologist, social worker or a similar person, if the school employs such a person on a full-time basis, and a school administrator. The team must receive notification if the support center receives [a report] :

             (1) A report through the SafeVoice Program of any dangerous, violent or unlawful activity which is being conducted, or is threatened to be conducted, on the property of the school, at an activity sponsored by the school, on a school bus of the school or by a pupil enrolled at the school [.] ; or

 


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

ê2019 Statutes of Nevada, Page 3970 (CHAPTER 607, SB 80)ê

 

             (2) Notification through the Handle with Care Program of a pupil who was exposed to a traumatic event.

      (b) Ensure that information concerning the SafeVoice Program, including, without limitation, the telephone number for the hotline established pursuant to NRS 388.1455:

             (1) Appears on the back of any identification card issued to pupils and staff at the school; and

             (2) Is posted in conspicuous locations around the school, which may include, without limitation, the front office, the cafeteria or a school bus.

      2.  Upon receiving notification from the support center [of dangerous, violent or unlawful activity which is being conducted, or is threatened to be conducted, on the property of a public school, 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,] through the SafeVoice Program or the Handle with Care Program, a member of the appropriate team appointed pursuant to paragraph (a) of subsection 1 shall take appropriate action in accordance with the training he or she has received pursuant to NRS 388.1455 or section 3 of this act to respond to the activity , [or] threat [.] or traumatic event, as applicable.

      3.  The team appointed pursuant to paragraph (a) of subsection 1 may:

      (a) Include a person appointed by the public school pursuant to NRS 388.247 to a committee to review the plan developed for the school pursuant to NRS 388.243.

      (b) Allow another person to temporarily serve on the team if a member of the team is unavailable.

      Sec. 9. NRS 388.14555 is hereby amended to read as follows:

      388.14555  The team appointed pursuant to NRS 388.14553 and each member of the team are immune from civil liability for any damages resulting from an act or omission of the team or the member or another member of the team in performing the duties set forth in NRS 388.1455 and 388.14553 [.] and section 3 of this act.

      Sec. 10. NRS 388.14557 is hereby amended to read as follows:

      388.14557  The support center must:

      1.  Be capable of receiving reports made [using the hotline, Internet website, mobile telephone application and text messaging application established pursuant to NRS 388.1455;] through the SafeVoice Program and notification provided through the Handle with Care Program;

      2.  Be available to receive reports and notifications and staffed with trained personnel 24 hours a day, 7 days a week, including holidays and other days when school is not in session;

      3.  Establish a process for handling a report or notification if personnel at the support center are unable to determine the location of the school or the person about whom the report or notification is made, or if the report or notification concerns a private school or an entity other than a school;

      4.  Train personnel at the support center who are involved in responding to reports and notifications to follow up on each report or notification by gathering information necessary to determine the validity of the report or notification and the severity of any threat;

      5.  Use a software system that is resistant to hacking and copying of information to protect the anonymity of persons who submit reports [;] and notifications;

      6.  Develop and implement a standardized procedure for tracking the outcome of reports [;] and notifications;

 


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

ê2019 Statutes of Nevada, Page 3971 (CHAPTER 607, SB 80)ê

 

      7.  Compile statistics to determine:

      (a) The most frequent days of the week on which reports and notifications are made;

      (b) The most frequent times of the day for making reports [;] and providing notifications;

      (c) The types of dangerous, violent or unlawful activity that are reported and the frequency of reports of each type of dangerous, violent or unlawful activity;

      (d) The frequency with which reports are submitted using the hotline, Internet website, mobile telephone application and text messaging application, respectively; and

      (e) The outcome of reports [;] and notifications;

      8.  Submit to the Director a quarterly report that contains the information compiled pursuant to subsection 7 and any other information necessary for the Director to evaluate the [Program] Programs or that is requested by the Director; and

      9.  Provide each report received through the SafeVoice Program to the appropriate law enforcement agency.

      Sec. 11. 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. 12. 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 SafeVoice Program.

 


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

ê2019 Statutes of Nevada, Page 3972 (CHAPTER 607, SB 80)ê

 

SafeVoice 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, 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. 13. 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. 14. Chapter 289 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any officer or employee of a law enforcement agency who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that a child who may attend a public school has been exposed to a traumatic event shall notify the Handle with Care Program established pursuant to section 3 of this act any time the traumatic event involves:

      (a) Domestic violence in the presence of the child;

      (b) Death of a member of the family or household of the child;

      (c) Arrest of a parent or guardian of the child in the presence of the child; or

      (d) Child abuse or neglect.

      2.  In addition to providing the notification required by subsection 1, any officer or employee of a law enforcement agency may notify the Handle with Care Program established pursuant to section 3 of this act if the officer or employee of a law enforcement agency reasonably believes a child who attends a public school has been exposed to any other event that may affect his or her ability to succeed at school.

      3.  Nothing in this section shall be construed to require an officer or employee of a law enforcement agency to provide notification pursuant to this section if the disclosure of information may compromise an ongoing investigation.

 


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

ê2019 Statutes of Nevada, Page 3973 (CHAPTER 607, SB 80)ê

 

      Sec. 14.5.  The Legislative Counsel shall in preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

      Sec. 15.  This act becomes effective upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and on January 1, 2020, for all other purposes.

________

CHAPTER 608, AB 128

Assembly Bill No. 128–Assemblymen Cohen; Swank and Yeager

 

CHAPTER 608

 

[Approved: June 13, 2019]

 

AN ACT relating to industrial insurance; revising provisions governing the length of a program of vocational rehabilitation and job placement assistance; revising provisions governing the circumstances under which a program of vocational rehabilitation may be extended; increasing the amount of lump sum payments in lieu of vocational rehabilitation services; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law: (1) requires a vocational rehabilitation counselor to develop a plan for a program of vocational rehabilitation, including job placement assistance, for each injured employee who is eligible for vocational rehabilitation services; (2) sets forth a maximum allowable duration of 6 months for the program and job placement assistance; and (3) prohibits the appeal of the determination of an insurer to authorize or deny a third program of vocational rehabilitation. (NRS 616C.555) Section 1 of this bill: (1) revises the maximum allowable duration for a program of vocational rehabilitation for an injured employee upon whose ability to work the treating physician or chiropractor has imposed permanent restrictions; and (2) eliminates the prohibition on the appeal of the determination of an insurer to authorize or deny a third program of vocational rehabilitation.

      Existing law: (1) sets forth the circumstances under which a program for vocational rehabilitation may be extended; (2) limits the total length of such a program, based on the percentage of permanent physical impairment of the injured employee; and (3) prohibits the appeal of the determination of an insurer to grant or deny an extension of a program. (NRS 616C.560) Section 2 of this bill: (1) provides that a program for vocational rehabilitation may be extended by the insurer or by order of a hearing officer or appeals officer; (2) eliminates the limits on the total length of a program; and (3) eliminates the prohibition on the appeal of the determination of an insurer to grant or deny an extension of a program.

      Existing law requires any payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services to be not less than 40 percent of the maximum rehabilitation maintenance due to the injured employee. (NRS 616C.595) Section 3 of this bill increases that amount to 55 percent of the maximum rehabilitation maintenance.

 

 

 


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

ê2019 Statutes of Nevada, Page 3974 (CHAPTER 608, AB 128)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 616C.555 is hereby amended to read as follows:

      616C.555  1.  A vocational rehabilitation counselor shall develop a plan for a program of vocational rehabilitation for each injured employee who is eligible for vocational rehabilitation services pursuant to NRS 616C.590. The counselor shall work with the insurer and the injured employee to develop a program that is compatible with the injured employee’s age, sex and physical condition.

      2.  If the counselor determines in a written assessment requested pursuant to NRS 616C.550 that the injured employee has existing marketable skills, the plan must consist of job placement assistance only. When practicable, the goal of job placement assistance must be to aid the employee in finding a position which pays a gross wage that is equal to or greater than 80 percent of the gross wage that the employee was earning at the time of his or her injury. An injured employee must not receive job placement assistance for more than 6 months after the date on which the injured employee was notified that he or she is eligible only for job placement assistance because:

      (a) The injured employee was physically capable of returning to work; or

      (b) It was determined that the injured employee had existing marketable skills.

      3.  If the counselor determines in a written assessment requested pursuant to NRS 616C.550 that the injured employee does not have existing marketable skills, the plan must consist of a program which trains or educates the injured employee and provides job placement assistance. Except as otherwise provided in NRS 616C.560, such a program must not exceed:

      (a) If the injured employee has incurred a permanent disability as a result of which permanent restrictions on the ability of the injured employee to work have been imposed but no permanent physical impairment rating has been issued, or a permanent disability with a permanent physical impairment of 0 percent, 9 months.

      (b) If the injured employee has incurred a permanent physical impairment of 1 percent or more but less than 6 percent, [9] 12 months.

      [(b) If the injured employee has incurred a permanent physical impairment of 6 percent or more, but less than 11 percent, 1 year.]

      (c) If the injured employee has incurred a permanent physical impairment of [11] 6 percent or more, [18] 24 months.

Ê The percentage of the injured employee’s permanent physical impairment must be determined pursuant to NRS 616C.490.

      4.  A plan for a program of vocational rehabilitation must comply with the requirements set forth in NRS 616C.585.

      5.  A plan created pursuant to subsection 2 or 3 must assist the employee in finding a job or train or educate the employee and assist the employee in finding a job that is a part of an employer’s regular business operations and from which the employee will gain skills that would generally be transferable to a job with another employer.

      6.  A program of vocational rehabilitation must not commence before the treating physician or chiropractor, or an examining physician or chiropractor determines that the injured employee is capable of safely participating in the program.

 


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

ê2019 Statutes of Nevada, Page 3975 (CHAPTER 608, AB 128)ê

 

      7.  If, based upon the opinion of a treating or an examining physician or chiropractor, the counselor determines that an injured employee is not eligible for vocational rehabilitation services, the counselor shall provide a copy of the opinion to the injured employee, the injured employee’s employer and the insurer.

      8.  A plan for a program of vocational rehabilitation must be signed by a certified vocational rehabilitation counselor.

      9.  If an initial program of vocational rehabilitation pursuant to this section is unsuccessful, an injured employee may submit a written request for the development of a second program of vocational rehabilitation which relates to the same injury. An insurer shall authorize a second program for an injured employee upon good cause shown.

      10.  If a second program of vocational rehabilitation pursuant to subsection 9 is unsuccessful, an injured employee may submit a written request for the development of a third program of vocational rehabilitation which relates to the same injury. The insurer, with the approval of the employer who was the injured employee’s employer at the time of his or her injury, may authorize a third program for the injured employee. If such an employer has terminated operations, the employer’s approval is not required for authorization of a third program. [An insurer’s determination to authorize or deny a third program of vocational rehabilitation may not be appealed.]

      11.  The Division shall adopt regulations to carry out the provisions of this section. The regulations must specify the contents of a plan for a program of vocational rehabilitation.

      Sec. 2. NRS 616C.560 is hereby amended to read as follows:

      616C.560  1.  A program for vocational rehabilitation developed pursuant to subsection 3 of NRS 616C.555 may be extended:

      (a) Without condition or limitation, by the insurer at the insurer’s sole discretion; or

      (b) [In accordance with this section if:

             (1) The injured employee makes a written request to extend the program not later than 30 days after the program has been completed; and

             (2) There are exceptional circumstances which make it unlikely that the injured employee will obtain suitable gainful employment as a result of vocational rehabilitation which is limited to the period for which the injured employee is eligible.

Ê An insurer’s determination to grant or deny an extension pursuant to paragraph (a) may not be appealed.

      2.  If an injured employee has incurred a permanent physical impairment of less than 11 percent:

      (a) The total length of the program, including any extension, must not exceed 2 years.

      (b) “Exceptional circumstances” shall be deemed to exist for the purposes of paragraph (b) of subsection 1, if:

             (1) The injured employee lacks work experience, training, education or other transferable skills for an occupation which the injured employee is physically capable of performing; or

             (2) Severe physical restrictions as a result of the industrial injury have been imposed by a physician which significantly limit the employee’s occupational opportunities.

      3.  If an injured employee has incurred a permanent physical impairment of 11 percent or more:

 


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

ê2019 Statutes of Nevada, Page 3976 (CHAPTER 608, AB 128)ê

 

      (a) The total length of the program, including any extension, must not exceed 2 1/2 years.

      (b) “Exceptional circumstances” shall be deemed to exist for the purposes of paragraph (b) of subsection 1, if the injured employee has suffered:

             (1) The total and permanent loss of sight of both eyes;

             (2) The loss by separation of a leg at or above the knee;

             (3) The loss by separation of a hand at or above the wrist;

             (4) An injury to the head or spine which results in permanent and complete paralysis of both legs, both arms or a leg and an arm;

             (5) An injury to the head which results in a severe cognitive functional impairment which may be established by a nationally recognized form of objective psychological testing;

             (6) The loss by separation of an arm at or above the elbow and the loss by separation of a leg at or above the knee;

             (7) An injury consisting of second or third degree burns on 50 percent or more of the body, both hands or the face;

             (8) A total bilateral loss of hearing;

             (9) The total loss or significant and permanent impairment of speech; or

             (10) A permanent physical impairment of 50 percent or more determined pursuant to NRS 616C.490, if the severity of the impairment limits the injured employee’s gainful employment to vocations that are primarily intellectual and require a longer program of education.

      4.]By order of a hearing officer or appeals officer.

      2.  The insurer shall deliver a copy of its decision granting or denying an extension to the injured employee and the employer. [Except as otherwise provided in this section, the] The decision shall be deemed to be a final determination of the insurer for the purposes of NRS 616C.315.

      Sec. 3. NRS 616C.595 is hereby amended to read as follows:

      616C.595  1.  If an injured employee is eligible for vocational rehabilitation services pursuant to NRS 616C.590, the insurer and the injured employee may, at any time during the employee’s eligibility for such services, execute a written agreement providing for the payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services. An insurer’s refusal to execute such an agreement may not be appealed.

      2.  If the insurer and the injured employee execute an agreement pursuant to subsection 1, the acceptance of the payment of compensation in a lump sum by the injured employee extinguishes the right of the injured employee to receive vocational rehabilitation services under the injured employee’s claim. Except as otherwise required by federal law, an injured employee shall not receive vocational rehabilitation services from any state agency after the injured employee accepts payment of compensation in a lump sum pursuant to this section.

      3.  Before executing an agreement pursuant to subsection 1, an insurer shall:

      (a) Order an assessment of and counseling concerning the vocational skills of the injured employee, unless the provisions of subsection 3 of NRS 616C.580 are applicable;

      (b) Consult with the employer of the injured employee; and

 


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

ê2019 Statutes of Nevada, Page 3977 (CHAPTER 608, AB 128)ê

 

      (c) Provide a written notice to the injured employee that contains the following statements:

             (1) That the injured employee is urged to seek assistance and advice from the Nevada Attorney for Injured Workers or to consult with a private attorney before signing the agreement.

             (2) That the injured employee may rescind the agreement within 20 days after the injured employee signs it.

             (3) That the 20-day period pursuant to subparagraph (2) may not be waived.

             (4) That acceptance by the injured employee of payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services extinguishes the right of the injured employee to receive such services.

      4.  Except as otherwise provided in NRS 616C.580, any payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services must not be less than [40] 55 percent of the maximum amount of vocational rehabilitation maintenance due to the injured employee pursuant to NRS 616C.555.

      5.  No payment of compensation in a lump sum may be made pursuant to this section until the 20-day period provided for the rescission of the agreement has expired.

      Sec. 4.  The amendatory provisions of this act apply prospectively with regard to any claim pursuant to chapters 616A to 616D, inclusive, or 617 of NRS which is open and for which the claimant has not executed a formal agreement for a plan which consists of a program of training or education pursuant to subsection 3 of NRS 616C.555 on or before July 1, 2019.

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

________

CHAPTER 609, AB 537

Assembly Bill No. 537–Committee on Ways and Means

 

CHAPTER 609

 

[Approved: June 13, 2019]

 

AN ACT relating to the State Department of Conservation and Natural Resources; providing that the State Department of Conservation and Natural Resources and the Division of Environmental Protection of the Department are authorized to impose remedies other than civil penalties for violations of certain environmental laws; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the State Department of Conservation and Natural Resources and the Division of Environmental Protection of the Department to impose civil penalties for violations of certain environmental laws, including laws relating to water pollution control, public water systems, the disposal of hazardous waste, storage tanks and the reclamation of land. (NRS 445A.700, 445A.950, 445A.952, 459.585, 459.856, 519A.280) Sections 1.5-6 of this bill provide that in addition to any other remedy provided, the Department or the Division, respectively, are authorized to impose any other appropriate remedy. Section 1 of this bill makes conforming changes.

 


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

ê2019 Statutes of Nevada, Page 3978 (CHAPTER 609, AB 537)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 445A.680 is hereby amended to read as follows:

      445A.680  Except as otherwise provided in NRS 445A.707, if the Director finds that any person is engaged or about to engage in any act or practice which violates any provision of NRS 445A.565 and 445A.570, or any standard or other regulation adopted pursuant thereto, with respect to a diffuse source : [, the Director may:]

      1.  [Issue] The Director may issue an order:

      (a) Specifying the provision or provisions of NRS 445A.300 to 445A.730, inclusive, or the regulation or order alleged to be violated or about to be violated;

      (b) Indicating the facts alleged which constitute a violation thereof; and

      (c) Prescribing the necessary corrective action to be taken and a reasonable period for completing that corrective action,

Ê but no civil or criminal penalty may be imposed for failure to obey the order.

      2.  If the corrective action is not taken or completed, or without the Director first issuing an order [,] :

      (a) The Director may commence a civil action pursuant to NRS 445A.695 [.] ; or

      (b) The Department may compel compliance by injunction or other appropriate remedy pursuant to subsection 4 of NRS 445A.700.

      Sec. 1.5. NRS 445A.700 is hereby amended to read as follows:

      445A.700  1.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person who violates or aids or abets in the violation of any provision of NRS 445A.300 to 445A.730, inclusive, or of any permit, regulation, standard or final order issued thereunder, except a provision concerning a diffuse source, shall pay a civil penalty of not more than $25,000 for each day of the violation. The civil penalty imposed by this subsection is in addition to any other penalties provided pursuant to NRS 445A.300 to 445A.730, inclusive.

      2.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, in addition to the penalty provided in subsection 1, the Department may recover from the person actual damages to the State resulting from the violation of NRS 445A.300 to 445A.730, inclusive, any regulation or standard adopted by the Commission, or permit or final order issued by the Department, except the violation of a provision concerning a diffuse source.

      3.  Damages may include:

      (a) Any expenses incurred in removing, correcting and terminating any adverse effects resulting from a discharge or the injection of contaminants through a well; and

      (b) Compensation for any loss or destruction of wildlife, fish or aquatic life.

      4.  In addition to any other remedy provided by this chapter, the Department may compel compliance with any provision of NRS 445A.300 to 445A.730, inclusive, or of any permit, regulation, standard or final order adopted or issued thereto, by injunction or other appropriate remedy. The Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

 


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

ê2019 Statutes of Nevada, Page 3979 (CHAPTER 609, AB 537)ê

 

      Sec. 2. NRS 445A.950 is hereby amended to read as follows:

      445A.950  1.  Any supplier of water who:

      (a) Violates any standard established pursuant to NRS 445A.855;

      (b) Violates or fails to comply with an order issued pursuant to NRS 445A.930 or subsection 1 or 2 of NRS 445A.943;

      (c) Violates any condition imposed by the Commission upon granting a variance or exemption under NRS 445A.935;

      (d) Violates a regulation adopted by the Commission pursuant to NRS 445A.860 or 445A.880; or

      (e) Fails to give a notice as required by NRS 445A.940,

Ê is liable for a civil penalty, to be recovered by the Attorney General in the name of the Division, of not more than $25,000 for each day of the violation.

      2.  In addition to the civil penalty prescribed in subsection 1, the Division may impose an administrative fine against a supplier of water who commits any violation enumerated in subsection 1. The administrative fine imposed may not be more than $5,000 per day for each such violation.

      3.  The civil penalty and administrative fine prescribed in this section may be imposed in addition to any other penalties or relief prescribed in NRS 445A.800 to 445A.955, inclusive.

      4.  In addition to any other remedy provided by this chapter, the Division may compel compliance with any provision of NRS 445A.800 to 445A.955, inclusive, or of any permit, certificate, standard, regulation or final order adopted or issued thereto, by injunction or other appropriate remedy. The Division may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

      Sec. 3. NRS 445A.952 is hereby amended to read as follows:

      445A.952  1.  A laboratory for the analysis of water that:

      (a) Violates any regulation adopted by the Commission pursuant to NRS 445A.863; or

      (b) Violates or fails to comply with an order issued pursuant to subsection 1 or 2 of NRS 445A.943,

Ê is liable for a civil penalty, to be recovered by the Attorney General in the name of the Division, of not more than $5,000 for each day of the violation.

      2.  In addition to the civil penalty described in subsection 1, the Division may impose an administrative fine of not more than $2,500 per day for each violation described in subsection 1.

      3.  The civil penalty and administrative fine authorized by this section are in addition to any other penalties or relief prescribed by NRS 445A.800 to 445A.955, inclusive.

      4.  In addition to any other remedy provided by this chapter, the Division may compel compliance with any provision of NRS 445A.800 to 445A.955, inclusive, or of any permit, certificate, standard, regulation or final order adopted or issued thereto, by injunction or other appropriate remedy. The Division may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

      Sec. 4. NRS 459.585 is hereby amended to read as follows:

      459.585  1.  Any person who violates or contributes to a violation of any provision of NRS 459.400 to 459.560, inclusive, 459.590 or of any regulation adopted or permit or order issued pursuant to those sections, or who does not take action to correct a violation within the time specified in an order, is liable to the Department for a civil penalty of not more than $25,000 for each day on which the violation occurs. This penalty is in addition to any other penalty provided by NRS 459.400 to 459.600, inclusive.

 


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

ê2019 Statutes of Nevada, Page 3980 (CHAPTER 609, AB 537)ê

 

      2.  The Department may recover, in the name of the State of Nevada, actual damages which result from a violation, in addition to the civil penalty provided in this section. The damages may include expenses incurred by the Department in removing, correcting or terminating any adverse effects which resulted from the violation and compensation for any fish, aquatic life or other wildlife destroyed as a result of the violation.

      3.  In addition to any other remedy provided by this chapter, the Department may compel compliance with any provision of NRS 459.400 to 459.560, inclusive, 459.590 or of any regulation adopted or permit or order issued pursuant to those sections, by injunction or other appropriate remedy. The Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

      Sec. 5. NRS 459.856 is hereby amended to read as follows:

      459.856  1.  Any person who violates or contributes to a violation of any provision of NRS 459.800 to 459.856, inclusive, or of any regulation adopted or permit or order issued pursuant to those sections, or who does not take action to correct a violation within the time specified in an order, is liable to the Department for a civil penalty of not more than $5,000 for each day on which the violation occurs. This penalty is in addition to any other penalty provided by NRS 459.800 to 459.856, inclusive.

      2.  The Department may recover, in the name of the State of Nevada, actual damages which result from a violation, in addition to the civil penalty provided in this section. The damages may include expenses incurred by the Department in removing, correcting or terminating any adverse effects which resulted from the violation and compensation for any damages incurred as a result of the violation.

      3.  In addition to any other remedy provided by this chapter, the Department may compel compliance with any provision of NRS 459.800 to 459.856, inclusive, or of any regulation adopted or permit or order issued pursuant to those sections, by injunction or other appropriate remedy. The Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

      Sec. 6. NRS 519A.280 is hereby amended to read as follows:

      519A.280  1.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person who violates any provision of NRS 519A.010 to 519A.280, inclusive, or any regulation adopted by the Commission pursuant to NRS 519A.160, is guilty of a misdemeanor and, in addition to any criminal penalty, is subject to a civil penalty imposed by the Division at a hearing for which notice has been given, in an amount determined pursuant to the schedule adopted by the Commission pursuant to NRS 519A.160.

      2.  Any money received by the Division pursuant to subsection 1 must be deposited with the State Treasurer for credit to the appropriate account of the Division. All interest earned on the money credited pursuant to this section must be credited to the account to which the money was credited.

      3.  In addition to any other remedy provided by this chapter, the Division may compel compliance with any provision of NRS 519A.010 to 519A.280, inclusive, or of any regulation adopted or permit or order issued pursuant to those sections, by injunction or other appropriate remedy. The Division may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

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

________

 


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

ê2019 Statutes of Nevada, Page 3981ê

 

CHAPTER 610, SB 84

Senate Bill No. 84–Committee on Finance

 

CHAPTER 610

 

[Approved: June 13, 2019]

 

AN ACT relating to education; establishing a program to award grants to support prekindergarten programs; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill establishes a program to award grants to school districts, sponsors of charter schools and nonprofit organizations to support prekindergarten programs. Section 3 of this bill requires, to the extent money is available, the Department of Education to award grants to school districts, sponsors of charter schools and nonprofit organizations to support prekindergarten programs. Section 3 also requires a prekindergarten program that is supported by a grant to meet certain requirements. Section 3 additionally prescribes the required contents of an application for a grant. Section 4 of this bill prescribes the authorized uses for a grant. Section 5 of this bill requires the State Board of Education to adopt regulations to carry out the grant program. Section 6 of this bill requires the Department to submit a biennial report concerning the effectiveness of prekindergarten programs supported by the grants.

 

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

      Sec. 2. (Deleted by amendment.)

      Sec. 3. 1.  The Department shall, to the extent money is available, award grants of money to school districts, sponsors of charter schools and nonprofit organizations to support prekindergarten programs. Each prekindergarten program supported by a grant awarded pursuant to this section must:

      (a) Employ at least one teacher per classroom who has a bachelor’s degree or higher in early childhood education and compensate those teachers with pay and benefits similar to those provided to licensed teachers by the school district in which the prekindergarten program is located;

      (b) Serve children who are 4 years of age at the beginning of the school year and whose household has a household income which is not more than 200 percent of the federally designated level signifying poverty;

      (c) Provide instruction in prekindergarten for at least 25 hours each week for the entire school year;

      (d) Utilize a comprehensive curriculum for prekindergarten that is aligned to any standards of content and performance established for prekindergarten pursuant to NRS 389.520;

      (e) Maintain the size of each class at not more than 20 pupils and a ratio of not more than 10 pupils for each adult with supervision in the classroom;

 


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

ê2019 Statutes of Nevada, Page 3982 (CHAPTER 610, SB 84)ê

 

      (f) Participate in any evaluation of the program or the pupils who participate in the program that is prescribed by the regulations adopted pursuant to section 5 of this act;

      (g) Effectively engage the parents or guardians of pupils and participate in any evaluation of such engagement that is required by the regulations adopted pursuant to section 5 of this act;

      (h) Serve pupils with disabilities at a rate that is not less than the percentage of pupils in this State or in the United States, whichever is greater, who are 4 years of age at the beginning of the school year who receive services funded pursuant to 20 U.S.C. § 1419;

      (i) Ensure that the percentage of pupils with disabilities in each class is less than 49 percent of the total number of pupils;

      (j) Provide appropriate individualized accommodations and supports for pupils with disabilities;

      (k) Provide the comprehensive services prescribed pursuant to section 5 of this act; and

      (l) Meet the minimum standards of performance prescribed pursuant to section 5 of this act.

      2.  The board of trustees of a school district, the sponsor of a charter school or a nonprofit organization that wishes to receive a grant of money pursuant to this section must submit an application to the Department. The application must include, without limitation:

      (a) A detailed description of the manner in which the board of trustees, sponsor of a charter school or nonprofit organization proposes to:

             (1) Ensure that the prekindergarten program supported by the grant meets the requirements of subsection 1; and

             (2) Use the grant of money; and

      (b) Any other information required by the Department.

      Sec. 4. 1.  Any grant of money received by a school district, sponsor of a charter school or nonprofit organization pursuant to section 3 of this act and any money received by the governing body of a charter school from a grant awarded to its sponsor must be accounted for separately from all other money of the school district, sponsor, governing body or nonprofit organization and used only for the purposes prescribed by subsection 2.

      2.  A grant of money awarded pursuant to section 3 of this act must be used to:

      (a) Establish or expand a prekindergarten education program;

      (b) Supplement money that the recipient of the grant would otherwise spend on prekindergarten programs;

      (c) Pay the salaries of teachers and paraprofessionals or pay for other items directly related to the instruction of pupils enrolled in prekindergarten; or

      (d) Retrofit a classroom or playground equipment so that the classroom or equipment is appropriate for pupils who are 4 years of age.

      3.  A school district, sponsor of a charter school or nonprofit organization that receives a grant of money pursuant to section 3 of this act and the governing body of a charter school that receives money from a grant awarded to its sponsor shall not use the money to:

      (a) Supplant money that the school district, sponsor, governing body or organization would otherwise spend on prekindergarten programs; or

      (b) Except as otherwise provided in paragraph (d) of subsection 2, pay for major renovations to classrooms or facilities.

 


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

ê2019 Statutes of Nevada, Page 3983 (CHAPTER 610, SB 84)ê

 

      Sec. 5. 1.  The State Board shall adopt regulations prescribing:

      (a) Comprehensive services that a program supported by a grant made pursuant to section 3 of this act must provide.

      (b) Any evaluations in which a program supported by a grant made pursuant to section 3 of this act must participate.

      (c) Requirements concerning the engagement of parents and guardians of pupils who participate in a program supported by a grant made pursuant to section 3 of this act.

      (d) Indicators of performance for measuring the effectiveness of prekindergarten programs that receive grants pursuant to section 3 of this act and minimum standards of performance that each program supported by a grant must meet. The State Board shall review these regulations annually to determine whether it is necessary to update the indicators of performance or standards.

      2.  The State Board may adopt any other regulations necessary to carry out the provisions of sections 2 to 6, inclusive, of this act.

      Sec. 6. The Department shall, not later than November 1 of each odd-numbered year, submit to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Education a report concerning the effectiveness of prekindergarten programs supported by grants awarded pursuant to section 3 of this act during the immediately preceding biennium. The report must include, without limitation:

      1.  The number of grants awarded;

      2.  For each school district, sponsor of a charter school and nonprofit organization that received a grant during the immediately preceding biennium:

      (a) The amount of the grant;

      (b) The number of pupils who participated in a prekindergarten program supported by the grant; and

      (c) The average cost per pupil who participated in each prekindergarten program supported by the grant;

      3.  A description of prekindergarten programs that were most effective, including, without limitation, the reasons for the effectiveness of those programs;

      4.  A description of any proposed revisions to the indicators of performance or minimum standards prescribed by the regulations adopted pursuant to section 5 of this act; and

      5.  Recommendations for any legislation to increase the effectiveness of the grants awarded pursuant to section 3 of this act.

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

      Sec. 8.  This act becomes effective:

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

      2.  On July 1, 2019, for all other purposes.

________

 


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

ê2019 Statutes of Nevada, Page 3984ê

 

CHAPTER 611, SB 161

Senate Bill No. 161–Senators Kieckhefer; and Spearman

 

CHAPTER 611

 

[Approved: June 13, 2019]

 

AN ACT relating to financial businesses; requiring the Director of the Department of Business and Industry to establish and administer the Regulatory Experimentation Program for Product Innovation; setting forth the requirements for the operation of the Program; providing for a temporary exemption from certain statutory and regulatory requirements related to financial products and services for a participant in the Program under certain circumstances; requiring the Director to submit to the Legislature an annual report on the Program; revising provisions relating to persons who make loans exclusively via the Internet; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The existing provisions of chapters 645A, 645B, 645F and 645G of NRS, titles 55 and 56 of NRS and the various regulations adopted pursuant to those statutes impose licensing and other regulatory requirements on the provision of certain financial products and services, ranging from consumer lending to banking and debt counseling. This bill, modeled after similar legislation from Arizona, generally provides for the establishment and administration of a program by the Director of the Department of Business and Industry under which persons offering or providing such a product or service in a technically innovative way may seek a temporary exemption from some or all of the statutory and regulatory provisions that otherwise apply to the product or service. (Ariz. Rev. Stat. Ann. §§ 41-5601 et seq.) At the end of the period of exemption, a participant in the program must cease to provide the product or service or continue operations in accordance with applicable licensing and other requirements.

      Section 11 of this bill requires the Director to establish and administer the Regulatory Experimentation Program for Product Innovation. A person who desires to become a participant in the Program is required by section 12 of this bill to submit an application to the Director. If the Director approves the application, section 15 of this bill provides that the product or service of the participant is generally exempt from any provision of chapter 645A, 645B, 645F or 645G of NRS, title 55 or 56 of NRS or any regulation adopted pursuant to any of those statutes, except as the Director may otherwise require. Section 46.3 of this bill imposes certain temporary limitations on the number of persons who may participate in the Program.

      Sections 16 and 17 of this bill establish requirements and limitations on the provisions of a product or service under the Program. Section 16 of this bill limits the number of consumers in this State to whom a product or service may be provided by a participant, while section 17 of this bill imposes certain specific requirements and limitations applicable to participants who are transmitters of money. Section 19 of this bill authorizes the Director to grant relief from some of these requirements and limitations under certain circumstances.

      Sections 20-24 of this bill govern the operation of the Program. Section 20 of this bill sets forth certain disclosures that must be made before a product or service is provided to a recipient of the product or service. Section 21 of this bill requires the Director to establish a system for the submission of complaints. Sections 22 and 23 of this bill contain provisions relating to recordkeeping and the confidentiality of records relating to the Program.

 


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

ê2019 Statutes of Nevada, Page 3985 (CHAPTER 611, SB 161)ê

 

      Pursuant to sections 25 and 26 of this bill, the period of participation in the Program is generally limited to 2 years, at which time a participant must cease to offer or provide a product or service under the Program. A participant may seek an extension of this period to apply for any license or other authorization otherwise required for the product or service.

      Section 26.3 of this bill authorizes the Director to take certain actions if a participant has engaged in, is engaging in or threatens to engage in any act or omission that the Director determines is inconsistent with the health, safety or welfare of consumers or the public generally. Section 27 of this bill authorizes the Director to act to enjoin or otherwise prevent any violation of the provisions governing the Program. Section 30 of this bill: (1) requires the Director, in consultation with the Consumer’s Advocate of the Bureau of Consumer Protection in the Office of the Attorney General and the applicable regulator, to adopt certain regulations for the protection of consumers of financial products or services through the Program; and (2) authorizes the Director to adopt any other regulations necessary to carry out the Program. Section 31 of this bill requires the Director to report annually to the Legislature on the status of the Program. Sections 35, 37-42, 43 and 44-47 of this bill make conforming changes.

      Existing law prohibits a person from engaging in the business of lending in this State without having first obtained a license from the Commissioner of Financial Institutions for each office or other place of business in which the person engages in the business of lending. (NRS 675.060) Under existing law, a person who wishes to obtain a license for an office or place of business located outside of this State is required, among other requirements, to have a license for an office or place of business located inside this State. (NRS 675.090) Section 43.3 of this bill authorizes persons who make loans exclusively via the Internet, who are designated by section 42.5 of this bill as “Internet lenders,” to apply for a license to engage in the business of lending for an office or place of business located outside of this State without having a license for an office or place of business located inside this State. Section 43.7 of this bill exempts Internet lenders from provisions of existing law which prohibit persons from conducting the business of making loans in the same office or place of business as any other business. (NRS 675.230)

 

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 597 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 31, inclusive, of this act.

      Sec. 2. As used in sections 2 to 31, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 10, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Applicable regulator” means the Commissioner of Mortgage Lending, the Division of Mortgage Lending of the Department of Business and Industry, the Commissioner of Financial Institutions or the Division of Financial Institutions of the Department of Business and Industry, as applicable, responsible for regulating a financial product or service.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5. “Consumer” means any person who purchases or otherwise enters into a transaction or agreement to receive a financial product or service.

      Sec. 5.5. “Director” means the Director of the Department of Business and Industry.

 


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

ê2019 Statutes of Nevada, Page 3986 (CHAPTER 611, SB 161)ê

 

      Sec. 6. “Financial product or service” or “product or service” means any product, service, activity, business model, mechanism for delivery or element of any of these that:

      1.  Includes an innovation; and

      2.  But for the provisions of sections 2 to 31, inclusive, of this act, is governed by the provisions of chapter 645A, 645B, 645F or 645G of NRS, title 55 or 56 of NRS or any regulation adopted pursuant thereto.

      Sec. 7. “Innovation” means any use of a new or emerging technology, or any novel use of an existing technology, to address a problem, provide a benefit or otherwise offer or provide a financial product or service that is determined by the Director not to be widely available in this State.

      Sec. 8. “Participant” means a person whose application to participate in the Program has been approved by the Director pursuant to section 14 of this act.

      Sec. 9. “Program” means the Regulatory Experimentation Program for Product Innovation established and administered by the Director pursuant to sections 2 to 31, inclusive, of this act.

      Sec. 10. “Test” means to offer or provide a financial product or service through the Program.

      Sec. 11. In consultation with each applicable regulator, the Director shall establish and administer the Regulatory Experimentation Program for Product Innovation to enable a person to obtain limited access to markets in this State to test a financial product or service without:

      1.  Applying for or obtaining any license or other authorization otherwise required by any provision of chapter 645A, 645B, 645F or 645G of NRS, title 55 or 56 of NRS or any regulation adopted pursuant thereto; or

      2.  Otherwise complying with any provision of chapter 645A, 645B, 645F or 645G of NRS, title 55 or 56 of NRS or any regulation adopted pursuant thereto, except as otherwise required by the Director pursuant to section 15 or 26.3 of this act.

      Sec. 12. 1.  A person who desires to participate in the Program to test a financial product or service must submit a written application in accordance with this section, in the form prescribed by the Director. A separate application must be filed for each product or service proposed for testing.

      2.  The application must show that the applicant will at all times during the test:

      (a) Be subject to the exercise of personal jurisdiction by the courts of this State; and

      (b) Establish and maintain a physical or virtual location that is reasonably accessible to the Director, from which testing will occur and at which all records, documents and data required by sections 2 to 31, inclusive, of this act will be maintained.

      3.  The application must include:

      (a) A description of the product or service proposed for testing and an explanation of:

             (1) The innovation included in the product or service;

             (2) The regulatory scheme otherwise applicable to the product or service outside the Program;

             (3) Any benefit of the product or service to consumers;

 


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

ê2019 Statutes of Nevada, Page 3987 (CHAPTER 611, SB 161)ê

 

             (4) Any risk of financial loss or other harm to consumers associated with the product or service;

             (5) The nature or features of the product or service that distinguish it from any similar product or service available in this State; and

             (6) The manner in which participation in the Program will facilitate a successful test of the product or service;

      (b) A statement of the proposed plan for testing the product or service, including:

             (1) An estimate of the dates or periods of time anticipated for entry into and exit from the relevant market in this State;

             (2) Measures to protect consumers from financial loss or other harm caused by a failure of the test; and

             (3) The plan to wind up and terminate the test;

      (c) The full legal name, address, telephone number, electronic mail address and website address of the applicant and, if the applicant is not a natural person, each officer, director or other principal of the applicant;

      (d) A description of any criminal conviction and any final administrative suspension, revocation or termination of a professional or occupational license of the applicant and any other person described in paragraph (c) if such a conviction or suspension, revocation or termination occurred in this State or another jurisdiction within the 5 years immediately preceding the date of the application;

      (e) The consent of the applicant to the provisions for choice of law and provisions for the selection of a forum as prescribed by the Director; and

      (f) Any other information deemed necessary by the Director.

      4.  The application must be submitted to the Director and be accompanied by a nonrefundable fee of not more than $1,000. The Director shall account separately for the money received from fees collected pursuant to this section and use that money solely to pay the expenses of administering the Program.

      Sec. 13. 1.  The Director may refuse to consider any application submitted pursuant to section 12 of this act if the application does not include the information required by section 12 of this act or any other information deemed necessary by the Director. The applicant shall provide, within the period directed by the Director, any additional information required in connection with the application. If the required information is not provided, the application may be denied by the Director as incomplete.

      2.  Upon receipt of a completed application and payment of the required fee, the Director shall identify and consult with each applicable regulator having an interest in the subject of the application. The consultation is advisory only and not binding on the Director. The consultation may relate to any matter deemed by the Director to be relevant to the application, including, without limitation:

      (a) Any license or other authorization previously issued by the applicable regulator, or the corresponding regulator in another jurisdiction, to the applicant or any other person described in paragraph (c) of subsection 3 of section 12 of this act;

      (b) Any criminal, civil, administrative or other proceeding previously brought by or on behalf of the applicable regulator, or the corresponding regulator in any other jurisdiction, against the applicant or any other person described in paragraph (c) of subsection 3 of section 12 of this act; and

 


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

ê2019 Statutes of Nevada, Page 3988 (CHAPTER 611, SB 161)ê

 

      (c) The ability of the applicant or any other person described in paragraph (c) of subsection 3 of section 12 of this act to qualify for a license or other authorization from the applicable regulator upon the completion of testing.

      3.  Unless the Director and the applicant mutually agree to extend this period, the Director shall approve or deny an application within 90 days after the completed application is received.

      Sec. 14. 1.  Except as otherwise provided in this subsection, the Director may approve or deny any application or request submitted pursuant to sections 2 to 31, inclusive, of this act. The Director may not approve an application or request if provision of the relevant financial product or service to consumers in this State would exceed the applicable limitation provided by subsection 2 or 3 of section 16 of this act.

      2.  The Director shall give the applicant or participant written notice of the approval or denial of the application or request within 5 business days after the date of approval or denial.

      3.  The approval or denial of an application or request is final and not subject to administrative or judicial review.

      Sec. 15. 1.  If the Director approves an application to participate in the Program:

      (a) The applicant shall be deemed a participant.

      (b) The Director shall issue a registration number unique to the approval.

      (c) Except as otherwise required by the Director pursuant to subsection 2 or section 26.3 of this act, a product or service offered or provided within the scope of the Program is exempt from any provision of chapter 645A, 645B, 645F or 645G of NRS, title 55 or 56 of NRS or any regulation adopted pursuant thereto.

      2.  In addition to any other requirements or limitations of section 16 or 17 of this act that apply to a product or service, the Director may condition approval of an application upon compliance by the participant with one or more provisions of chapter 645A, 645B, 645F or 645G of NRS, title 55 or 56 of NRS or any regulation adopted pursuant thereto.

      3.  A notice of approval of an application given pursuant to section 14 of this act must be accompanied by a copy of the provisions of sections 2 to 31, inclusive, of this act and any applicable regulations of the Director then in effect, and set forth:

      (a) The registration number applicable to the approval;

      (b) The period of testing prescribed by section 25 of this act;

      (c) The general limitations of section 16 of this act, any additional requirements or limitations applicable specifically to the product or service pursuant to section 17 of this act and any conditions imposed pursuant to subsection 2 or section 26.3 of this act; and

      (d) Any additional information required by the Director to be disclosed to consumers pursuant to subsection 2 of section 20 of this act.

      Sec. 16. Any financial product or service provided within the scope of the Program is subject to the following requirements and limitations:

      1.  Any consumer of the product or service must be a resident of this State on the date that the product or service is first provided to the consumer.

 


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

ê2019 Statutes of Nevada, Page 3989 (CHAPTER 611, SB 161)ê

 

      2.  Except as otherwise provided in subsection 3, not more than 5,000 consumers may be provided a given product or service by a participant during the period of testing.

      3.  If the Director approves a request for relief by a participant pursuant to section 19 of this act, not more than 7,500 consumers may be provided a given product or service by the participant during the period of testing.

      Sec. 17. 1.  Except as otherwise provided in subsection 2, in addition to complying with any other applicable requirements and limitations, a participant who is testing a financial product or service within the scope of the Program for which a license is otherwise required pursuant to chapter 671 of NRS shall not receive for transmission or transmit during the period of testing:

      (a) More than $2,500 in any single transaction for a consumer.

      (b) More than $25,000 in any series of transactions for a consumer.

      2.  If the Director approves a request for relief by a participant pursuant to section 19 of this act, the participant shall not receive for transmission or transmit during the period of testing:

      (a) More than $15,000 in any single transaction for a consumer.

      (b) More than $50,000 in any series of transactions for a consumer.

      Sec. 18.  (Deleted by amendment.)

      Sec. 19. 1.  At any time during the period of testing a financial product or service, a participant may submit to the Director a written request for relief from the limitations of subsection 2 of section 16 of this act or subsection 1 of section 17 of this act, or both, as they otherwise apply to the participant.

      2.  In accordance with any regulations adopted pursuant to section 30 of this act, the Director may:

      (a) Approve a request for relief if the Director determines that the participant has adequate capitalization and satisfactory procedures and processes in place for the oversight of its operations and the management of risk.

      (b) Rescind or modify at any time his or her approval of a request for relief.

      3.  The approval, denial, rescission or modification of approval of a request for relief is final and not subject to administrative or judicial review.

      Sec. 20. 1.  Before providing any financial product or service to a consumer, a participant shall disclose to the consumer:

      (a) The name and contact information of the participant;

      (b) The registration number applicable to the product or service, as issued by the Director pursuant to section 15 of this act;

      (c) The fact that the product or service is generally exempt from any provisions of chapter 645A, 645B, 645F or 645G of NRS, title 55 or 56 of NRS or any regulation adopted pursuant thereto, except as otherwise required by the Director pursuant to section 15 or 26.3 of this act;

      (d) If applicable, the fact that the participant is not the holder of a license or other authorization in this State to provide any product or service outside the scope of the Program;

      (e) The fact that the participant has been approved to provide the product or service pursuant to sections 2 to 31, inclusive, of this act, but that the product or service is not endorsed or recommended by the Director or any governmental agency;

 


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

ê2019 Statutes of Nevada, Page 3990 (CHAPTER 611, SB 161)ê

 

      (f) The fact that the product or service is provided as part of a test and may be discontinued at or before the end of the test, with the date on which the test is expected to end; and

      (g) The fact that the consumer may submit a complaint to the Director relating to the product or service, with the telephone number and Internet address of the Internet website maintained by the Director pursuant to section 21 of this act.

      2.  The Director may condition approval of an application to participate in the Program on, or require at any time thereafter, the disclosure by a participant of information relating to a product or service in addition to the disclosures required by subsection 1. The Director shall give written notice to the participant of any additional disclosures required pursuant to this subsection.

      3.  The disclosures required by subsections 1 and 2, as applicable, must be clear and conspicuous and must be provided in English and Spanish. If a product or service is provided through an Internet website or mobile application, the consumer must acknowledge receipt of the disclosures before the completion of any transaction.

      Sec. 21. The Director shall establish and maintain a toll-free telephone number and Internet website through which a consumer may submit a complaint relating to any financial product or service provided by a participant.

      Sec. 22. 1.  The Director may establish by regulation periodic reporting requirements for participants in the Program.

      2.  On request by the Director, a participant shall make any requested record, information or data available for inspection and copying by the Director.

      3.  Each participant shall retain, for not less than 2 years after the end of the prescribed period of testing or for such longer period as the Director requires by order or regulation, all records and data produced in the ordinary course of business relating to a financial product or service tested in the Program.

      4.  If a product or service fails before the end of the period of testing, the participant shall:

      (a) Give written notice of the failure to the Director.

      (b) Include in the notice a description of any action taken by the participant to protect consumers from financial loss or other harm caused by the failure.

      5.  In addition to providing any other disclosure or notice of the unauthorized acquisition of computerized data required by any applicable statute or regulation, a participant shall promptly notify the Director of any unauthorized acquisition of computerized data constituting a breach of the security of the system data as that term is defined in NRS 603A.020.

      Sec. 23. 1.  Any record or information in a record submitted to or obtained by the Director or an applicable regulator pursuant to sections 2 to 31, inclusive, of this act:

      (a) Except as otherwise provided in this section, is confidential and not a public book or record within the meaning of NRS 239.010.

      (b) May be disclosed by the Director or an applicable regulator to:

             (1) Any governmental agency or official; or

             (2) A federal, state or county grand jury in response to a lawful subpoena.

 


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

ê2019 Statutes of Nevada, Page 3991 (CHAPTER 611, SB 161)ê

 

      2.  Any disclosure pursuant to subsection 1 of a complaint relating to a financial product or service or the results of an examination, inquiry or investigation relating to a participant or product or service does not make the relevant record or information in a record a public record within the meaning of NRS 239.010, and a participant shall not disclose any such record or information to the general public except in connection with any disclosure required by law. A participant shall not disclose, use or refer to any comments, conclusions or results of an examination, inquiry or investigation in any communication to a consumer or potential consumer.

      3.  The Director and any applicable regulator are immune from civil liability for any damages sustained because of a disclosure of any record or information in a record that is received or obtained pursuant to sections 2 to 31, inclusive, of this act.

      4.  Nothing contained in this section shall be deemed to preclude the disclosure of any record or information in a record that is admissible in evidence in any civil or criminal proceeding brought by a state or federal law enforcement agency to enforce or prosecute a civil or criminal violation of any law.

      Sec. 24. Any information, writing, signature, record or disclosure required by the provisions of sections 2 to 31, inclusive, of this act or any regulation adopted pursuant thereto, may:

      1.  Be obtained, recorded, provided or maintained by a participant in electronic form.

      2.  With the approval of the Director, be substituted by a participant with any substantially equivalent information, writing, signature, record or disclosure.

      Sec. 25. Unless a timely request for an extension of the period of testing is made and approved pursuant to section 26 of this act:

      1.  The period of testing for a financial product or service ends 2 years after the date of the notice given pursuant to section 14 of this act.

      2.  Except as otherwise provided in this subsection, the participant shall, within 60 days after the end of the period of testing, wind down the test and cease offering or providing the product or service. If the product or service entails the performance of any ongoing duty or function, such as the servicing of a loan, the participant shall continue to perform or contract with another person for the continued performance of the duty or function.

      Sec. 26. 1.  A participant may request an extension of the period of testing to apply for any license or other authorization required for the financial product or service by any statute or regulation of this State. A participant who desires such an extension must submit a written request to the Director not less than 30 days before the end of the period of testing.

      2.  The Director shall:

      (a) Approve or deny the requested extension before the end of the prescribed period of testing; and

      (b) Give written notice of the approval or denial as provided in section 14 of this act.

      3.  Only one extension of the period of testing may be granted pursuant to this section. Any such extension must not exceed 1 year in duration.

      4.  A participant who obtains an extension shall report periodically to the Director, in writing, on the status of the efforts of the participant to obtain a license or other authorization.

 


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

ê2019 Statutes of Nevada, Page 3992 (CHAPTER 611, SB 161)ê

 

obtain a license or other authorization. The first such report must be submitted within 90 days after the date of the notice described in subsection 2, and subsequent reports must be submitted at intervals of not more than 90 days until the application of the participant for a license or other authorization is finally approved or finally denied by the applicable regulator.

      Sec. 26.3. 1.  If the Director has reasonable cause to believe that a participant has engaged in, is engaging in or threatens to engage in any act or omission that the Director determines is inconsistent with the health, safety or welfare of consumers or the public generally, the Director may:

      (a) Proceed to adopt a regulation to address the issue pursuant to section 30 of this act;

      (b) Require the participant to comply with one or more provisions of chapter 645A, 645B, 645F or 645G of NRS, title 55 or 56 of NRS or any regulation adopted pursuant thereto;

      (c) Remove the participant from the Program or order the participant to exit the Program; or

      (d) Take any combination of those actions.

      2.  Any action taken by the Director pursuant to this section is final and not subject to judicial or administrative review.

      Sec. 27. 1.  If the Director has reasonable cause to believe that a participant has engaged in, is engaging in or threatens to engage in any act or omission in violation of any provision of sections 2 to 31, inclusive, of this act or any other applicable statute or regulation for which a civil or criminal penalty is prescribed, the Director may:

      (a) Request that the Attorney General bring an action in any court of competent jurisdiction to enjoin the violation;

      (b) Remove the participant from the Program or order the participant to exit the Program; or

      (c) Take any combination of those actions.

      2.  A removal of or compelled exit of a participant from the Program is final and not subject to administrative or judicial review.

      Sec. 28. 1.  Nothing contained in sections 2 to 31, inclusive, of this act shall be deemed to prohibit a participant who holds a license or other authorization in another jurisdiction from acting in accordance with that license or authorization.

      2.  The Director may enter into an agreement with any governmental agency or official of any other jurisdiction to authorize:

      (a) A participant to operate in such a jurisdiction; or

      (b) A person who is authorized to operate in such a jurisdiction to be a participant.

      Sec. 29. For the purposes of any federal statute or regulation requiring a participant to hold a license or other authorization from this State in connection with a financial product or service, a participant shall be deemed to hold such a license or other authorization.

      Sec. 30. 1.  The Director shall, in consultation with the Consumer’s Advocate of the Bureau of Consumer Protection in the Office of the Attorney General and the applicable regulator, adopt regulations that establish protections for consumers of financial products or services provided through the Program.

 


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

ê2019 Statutes of Nevada, Page 3993 (CHAPTER 611, SB 161)ê

 

      2.  The Director may adopt such other regulations as he or she deems necessary to carry out the provisions of sections 2 to 31, inclusive, of this act.

      Sec. 31. 1.  On or before March 1 of each year, the Director of the Department of Business and Industry shall prepare and submit to the Director of the Legislative Counsel Bureau, for transmittal to the Legislature, a report on the operation and status of the Program.

      2.  The report must include, for the immediately preceding calendar year:

      (a) The number of applications submitted to participate in the Program, and the number of applications that were approved or denied;

      (b) With respect to the applications that were denied, a description of the reasons for denial; and

      (c) With respect to the applications that were approved:

             (1) A description of each financial product or service provided by each participant in the Program;

             (2) A statement of the number of participants providing each product or service; and

             (3) An estimate of the number of consumers using each product or service.

      3.  The report may include any recommendations for legislation relating to the Program and any other information that the Director of the Department of Business and Industry deems relevant.

      Secs. 32-34. (Deleted by amendment.)

      Sec. 35. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.

 


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

ê2019 Statutes of Nevada, Page 3994 (CHAPTER 611, SB 161)ê

 

361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 23 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

 


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

ê2019 Statutes of Nevada, Page 3995 (CHAPTER 611, SB 161)ê

 

      2.  A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

      3.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

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

      (a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

      (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

      Secs. 36, 36.1, 36.15, 36.2, 36.25, 36.3, 36.35, 36.4, 36.45, 36.5, 36.55, 36.6, 36.65, 36.7, 36.75, 36.8 and 36.85. (Deleted by amendment.)

      Sec. 37. Chapter 645A of NRS is hereby amended by adding thereto a new section to read as follows:

      Except as otherwise required by the Director of the Department of Business and Industry pursuant to section 15 or 26.3 of this act, the provisions of this chapter do not apply to a participant in the Regulatory Experimentation Program for Product Innovation established and administered pursuant to sections 2 to 31, inclusive, of this act.

      Sec. 38. NRS 645B.015 is hereby amended to read as follows:

      645B.015  Except as otherwise provided in NRS 645B.016, the Secure and Fair Enforcement for Mortgage Licensing Act of 2008, 12 U.S.C. §§ 5101 et seq., and any regulations adopted pursuant thereto and other applicable law, the provisions of this chapter do not apply to:

      1.  Any person doing business under the laws of this State, any other state or the United States relating to banks, savings banks, trust companies, savings and loan associations, industrial loan companies, credit unions, thrift companies or insurance companies, including, without limitation, a subsidiary or a holding company of such a bank, company, association or union.

      2.  A real estate investment trust, as defined in 26 U.S.C. § 856, unless the business conducted in this State is not subject to supervision by the regulatory authority of the other jurisdiction, in which case licensing pursuant to this chapter is required.

      3.  An employee benefit plan, as defined in 29 U.S.C. § 1002(3), if the loan is made directly from money in the plan by the plan’s trustee.

      4.  An attorney at law rendering services in the performance of his or her duties as an attorney at law.

      5.  A real estate broker rendering services in the performance of his or her duties as a real estate broker.

      6.  Any person doing any act under an order of any court.

      7.  Any one natural person, or married couple, who provides money for investment in commercial loans secured by a lien on real property, on his or her own account, unless such a person makes a loan secured by a lien on real property using his or her own money and assigns all or a part of his or her interest in the loan to another person, other than his or her spouse or child, within 3 years after the date on which the loan is made or the deed of trust is recorded, whichever occurs later.

 


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

ê2019 Statutes of Nevada, Page 3996 (CHAPTER 611, SB 161)ê

 

property using his or her own money and assigns all or a part of his or her interest in the loan to another person, other than his or her spouse or child, within 3 years after the date on which the loan is made or the deed of trust is recorded, whichever occurs later.

      8.  A natural person who only offers or negotiates terms of a residential mortgage loan:

      (a) With or on behalf of an immediate family member of the person;

      (b) Secured by a dwelling that served as the person’s residence; or

      (c) If:

             (1) The residential mortgage loan is for a manufactured home, as defined in NRS 118B.015;

             (2) The residential mortgage loan is financed by the seller; and

             (3) The seller has not engaged in more than five such loans in this State during the immediately preceding 12 consecutive months.

      9.  Agencies of the United States and of this State and its political subdivisions, including the Public Employees’ Retirement System.

      10.  A seller of real property who offers credit secured by a mortgage of the property sold.

      11.  A nonprofit agency or organization:

      (a) Which provides self-help housing for a borrower who has provided part of the labor to construct the dwelling securing the borrower’s loan;

      (b) Which does not charge or collect origination fees in connection with the origination of residential mortgage loans;

      (c) Which only makes residential mortgage loans at an interest rate of 0 percent per annum;

      (d) Whose volunteers, if any, do not receive compensation for their services in the construction of a dwelling;

      (e) Which does not profit from the sale of a dwelling to a borrower; and

      (f) Which maintains tax-exempt status under section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3).

      12.  A housing counseling agency approved by the United States Department of Housing and Urban Development.

      13.  Except as otherwise required by the Director of the Department of Business and Industry pursuant to section 15 or 26.3 of this act, a participant in the Regulatory Experimentation Program for Product Innovation established and administered pursuant to sections 2 to 31, inclusive, of this act.

      Sec. 39. Chapter 645F of NRS is hereby amended by adding thereto a new section to read as follows:

      Except as otherwise required by the Director of the Department of Business and Industry pursuant to section 15 or 26.3 of this act, the provisions of this chapter do not apply to a participant in the Regulatory Experimentation Program for Product Innovation established and administered pursuant to sections 2 to 31, inclusive, of this act.

      Sec. 40. Chapter 645G of NRS is hereby amended by adding thereto a new section to read as follows:

      Except as otherwise required by the Director of the Department of Business and Industry pursuant to section 15 or 26.3 of this act, the provisions of this chapter do not apply to a participant in the Regulatory Experimentation Program for Product Innovation established and administered pursuant to sections 2 to 31, inclusive, of this act.

 


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

ê2019 Statutes of Nevada, Page 3997 (CHAPTER 611, SB 161)ê

 

      Sec. 41. Chapter 657 of NRS is hereby amended by adding thereto a new section to read as follows:

      Except as otherwise required by the Director of the Department of Business and Industry pursuant to section 15 or 26.3 of this act, the provisions of this title do not apply to a participant in the Regulatory Experimentation Program for Product Innovation established and administered pursuant to sections 2 to 31, inclusive, of this act.

      Sec. 42. Chapter 673 of NRS is hereby amended by adding thereto a new section to read as follows:

      Except as otherwise required by the Director of the Department of Business and Industry pursuant to section 15 or 26.3 of this act, the provisions of this chapter do not apply to a participant in the Regulatory Experimentation Program for Product Innovation established and administered pursuant to sections 2 to 31, inclusive, of this act.

      Sec. 42.5. NRS 675.020 is hereby amended to read as follows:

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

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

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

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

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

      5.  “Internet lender” means a person who makes loans exclusively through the Internet.

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

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

      Sec. 43. NRS 675.040 is hereby amended to read as follows:

      675.040  This chapter does not apply to:

      1.  Except as otherwise provided in NRS 675.035, a person doing business under the authority of any law of this State or of the United States relating to banks, national banking associations, savings banks, trust companies, savings and loan associations, credit unions, mortgage companies, thrift companies, pawnbrokers or insurance companies.

      2.  A real estate investment trust, as defined in 26 U.S.C. § 856.

      3.  An employee benefit plan, as defined in 29 U.S.C. § 1002(3), if the loan is made directly from money in the plan by the plan’s trustee.

      4.  An attorney at law rendering services in the performance of his or her duties as an attorney at law if the loan is secured by real property.

      5.  A real estate broker rendering services in the performance of his or her duties as a real estate broker if the loan is secured by real property.

      6.  Except as otherwise provided in this subsection, any firm or corporation:

      (a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;

      (b) Approved by the Federal National Mortgage Association as a seller or servicer; and

 


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

ê2019 Statutes of Nevada, Page 3998 (CHAPTER 611, SB 161)ê

 

      (c) Approved by the Department of Housing and Urban Development and the Department of Veterans Affairs.

      7.  A person who provides money for investment in loans secured by a lien on real property, on his or her own account.

      8.  A seller of real property who offers credit secured by a mortgage of the property sold.

      9.  A person holding a nonrestricted state gaming license issued pursuant to the provisions of chapter 463 of NRS.

      10.  A person licensed to do business pursuant to chapter 604A of NRS with regard to those services regulated pursuant to chapter 604A of NRS.

      11.  A person who exclusively extends credit to any person who is not a resident of this State for any business, commercial or agricultural purpose that is located outside of this State.

      12.  Except as otherwise required by the Director of the Department of Business and Industry pursuant to section 15 or 26.3 of this act, a participant in the Regulatory Experimentation Program for Product Innovation established and administered pursuant to sections 2 to 31, inclusive, of this act.

      Sec. 43.3. NRS 675.090 is hereby amended to read as follows:

      675.090  1.  Application for a license must be in writing, under oath, and in the form prescribed by the Commissioner.

      2.  The application must:

      (a) Provide the address of the office or other place of business for which the application is submitted.

      (b) Contain such further relevant information as the Commissioner may require, including the names and addresses of the partners, officers, directors or trustees, and of such of the principal owners or members as will provide the basis for the investigations and findings contemplated by NRS 675.110 and 675.120.

      3.  A person may apply for a license for an office or other place of business located outside this State from which the applicant will conduct business in this State if [the applicant] :

      (a) The applicant is an Internet lender; or

      (b) The applicant or a subsidiary or affiliate of the applicant has a license issued pursuant to this chapter for an office or other place of business located in this State . [and if the applicant submits]

      4.  A person who wishes to apply for a license pursuant to subsection 3 must submit with the application for a license a statement signed by the applicant which states that the applicant agrees to:

      (a) Make available at a location within this State the books, accounts, papers, records and files of the office or place of business located outside this State to the Commissioner or a representative of the Commissioner; or

      (b) Pay the reasonable expenses for travel, meals and lodging of the Commissioner or a representative of the Commissioner incurred during any investigation or examination made at the office or place of business located outside this State.

Ê The person must be allowed to choose between paragraph (a) or (b) in complying with the provisions of this subsection.

      [4.]5.  The Commissioner shall consider an application to be withdrawn if the Commissioner has not received all information and fees required to complete the application within 6 months after the date the application is first submitted to the Commissioner or within such later period as the Commissioner determines in accordance with any existing policies of joint regulatory partners.

 


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

ê2019 Statutes of Nevada, Page 3999 (CHAPTER 611, SB 161)ê

 

as the Commissioner determines in accordance with any existing policies of joint regulatory partners. If an application is deemed to be withdrawn pursuant to this subsection or if an applicant otherwise withdraws an application, the Commissioner may not issue a license to the applicant unless the applicant submits a new application and pays any required fees.

      Sec. 43.7. NRS 675.230 is hereby amended to read as follows:

      675.230  1.  Except as otherwise provided in [subsection] subsections 2 [,] and 3, a licensee may not conduct the business of making loans under this chapter within any office, suite, room or place of business in which any other business is solicited or engaged in, except an insurance agency or notary public, or in association or conjunction with any other business, unless authority to do so is given by the Commissioner.

      2.  A licensee may conduct the business of making loans pursuant to this chapter in the same office or place of business as a mortgage company if:

      (a) The licensee and the mortgage company:

             (1) Operate as separate legal entities;

             (2) Maintain separate accounts, books and records;

             (3) Are subsidiaries of the same parent corporation; and

             (4) Maintain separate licenses; and

      (b) The mortgage company is licensed by this state pursuant to chapter 645B of NRS and does not receive money to acquire or repay loans or maintain trust accounts as provided by NRS 645B.175.

      3.  A licensee who is an Internet lender may conduct the business of making loans pursuant to this chapter within any office, suite, room or place of business in which any other business is solicited or engaged in.

      Sec. 44. NRS 676A.270 is hereby amended to read as follows:

      676A.270  1.  This chapter does not apply to an agreement with an individual who the provider has no reason to know resides in this State at the time of the agreement.

      2.  This chapter does not apply to a provider to the extent that the provider:

      (a) Provides or agrees to provide debt-management, educational or counseling services to an individual who the provider has no reason to know resides in this State at the time the provider agrees to provide the services; or

      (b) Receives no compensation for debt-management services from or on behalf of the individuals to whom it provides the services or from their creditors.

      3.  This chapter does not apply to the following persons or their employees when the person or the employee is engaged in the regular course of the person’s business or profession:

      (a) A judicial officer, a person acting under an order of a court or an administrative agency or an assignee for the benefit of creditors;

      (b) A bank;

      (c) An affiliate, as defined in paragraph (a) of subsection 2 of NRS 676A.030, of a bank if the affiliate is regulated by a federal or state banking regulatory authority; or

      (d) A title insurer, escrow company or other person that provides bill-paying services if the provision of debt-management services is incidental to the bill-paying services.

      4.  Except as otherwise required by the Director of the Department of Business and Industry pursuant to section 15 or 26.3 of this act, this chapter does not apply to a participant in the Regulatory Experimentation Program for Product Innovation established and administered pursuant to sections 2 to 31, inclusive, of this act.

 


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

ê2019 Statutes of Nevada, Page 4000 (CHAPTER 611, SB 161)ê

 

chapter does not apply to a participant in the Regulatory Experimentation Program for Product Innovation established and administered pursuant to sections 2 to 31, inclusive, of this act.

      Sec. 45. Chapter 677 of NRS is hereby amended by adding thereto a new section to read as follows:

      Except as otherwise required by the Director of the Department of Business and Industry pursuant to section 15 or 26.3 of this act, the provisions of this chapter do not apply to a participant in the Regulatory Experimentation Program for Product Innovation established and administered pursuant to sections 2 to 31, inclusive, of this act.

      Sec. 46. Chapter 678 of NRS is hereby amended by adding thereto a new section to read as follows:

      Except as otherwise required by the Director of the Department of Business and Industry pursuant to section 15 or 26.3 of this act, the provisions of this chapter do not apply to a participant in the Regulatory Experimentation Program for Product Innovation established and administered pursuant to sections 2 to 31, inclusive, of this act.

      Sec. 46.3.  Notwithstanding the provisions of section 14 of this act:

      1.  The Director of the Department of Business and Industry shall not approve more than three applications to participate in the Regulatory Experimentation Program for Product Innovation established and administered pursuant to sections 2 to 31, inclusive, of this act, submitted pursuant to section 12 of this act during each of the following periods:

      (a) The period beginning on January 1, 2020, and ending on June 30, 2020; and

      (b) The period beginning on July 1, 2020, and ending on December 31, 2020.

      2.  The Director of the Department of Business and Industry shall not approve more than five applications to participate in the Regulatory Experimentation Program for Product Innovation established and administered pursuant to sections 2 to 31, inclusive, of this act, submitted pursuant to section 12 of this act during each of the following periods:

      (a) The period beginning on January 1, 2021, and ending on June 30, 2021;

      (b) The period beginning on July 1, 2021, and ending on December 31, 2021;

      (c) The period beginning on January 1, 2022, and ending on June 30, 2022; and

      (d) The period beginning on July 1, 2022, and ending on December 31, 2022.

      Sec. 47.  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. 47.5. (Deleted by amendment.)

      Sec. 48.  This act becomes effective:

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

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

________

 


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

ê2019 Statutes of Nevada, Page 4001ê

 

CHAPTER 612, SB 287

Senate Bill No. 287–Senators Parks, Hansen, Spearman; Cancela, Denis, Kieckhefer, Scheible and Woodhouse

 

CHAPTER 612

 

[Approved: June 13, 2019]

 

AN ACT relating to public records; revising provisions relating to the manner of providing copies of public records; revising provisions governing the actions taken by governmental entities in response to requests for public records; revising provisions relating to the relief provided for a requester of a public record who prevails in a legal proceeding; revising provisions governing the fees that governmental entities are authorized to charge for a copy of a public record; providing civil penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that all public books and public records of a state or local governmental entity, unless otherwise declared by law to be confidential, are required to be open at all times during office hours for the public to inspect, copy or receive a copy thereof. Existing law also authorizes a person to request a copy of a public record in any medium in which the public record is readily available. (NRS 239.010) The purpose of the existing law governing public records, as stated in the legislative declaration for that law, is, in part, to foster democratic principles by providing members of the public with access to inspect and copy public books and records to the extent permitted by law. (NRS 239.001) Section 2 of this bill provides that the legislative intent is for such access to be provided promptly. Sections 2 and 4 of this bill make changes to conform with existing law which provides that, in addition to the right to inspect and copy a public record, members of the public have the right to receive a copy of a public record upon request.

      With certain exceptions, existing law prohibits a governmental entity from charging a fee for providing a copy of a public record that exceeds the actual cost to the governmental entity to provide the copy. (NRS 239.052) Section 3 of this bill clarifies that the actual cost to a governmental entity includes such direct costs as the cost of ink, toner, paper, media and postage. Section 13 of this bill eliminates the authority of a governmental entity to charge an additional fee for providing a copy of a public record when extraordinary use of personnel or resources is required. (NRS 239.055)

      Section 5 of this bill specifically authorizes the electronic redaction of public books and records. Section 5 also requires, with limited exception, a governmental entity, if requested, to provide a copy of a public record in an electronic format by means of an electronic medium unless the public record was requested in a different medium.

      Under existing law, if a person requests to inspect or copy a public book or record or receive a copy of a public book or record which the governmental entity is unable to make available by the end of the fifth business day after the request was received, the governmental entity is required to provide written notice of that fact to the person who made the request and the date and time after which the public record or the copy of the public book or record will be available. (NRS 239.0107) Section 6 of this bill clarifies that the date and time provided to the requester must reflect the earliest date and time after which the governmental entity reasonably believes the public book or record will be available. If the public book or record is not made available by this date and time, section 6 requires the governmental entity to provide to the requester, in writing, an explanation of the reason the public book or record is not available and a date and time after which the governmental entity reasonably believes the public book or record will be available.

 


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

ê2019 Statutes of Nevada, Page 4002 (CHAPTER 612, SB 287)ê

 

book or record will be available. Section 6 also requires a governmental entity that is unable to provide access to a public book or record within the prescribed time period to make a reasonable effort to assist the requester to focus the request in such a manner as to maximize the likelihood the requester will be able to inspect, copy or receive a copy of the public book or record as expeditiously as possible.

      If a request for inspection, copying or copies of a public book or record is denied, existing law authorizes a requester to apply to a district court for an order permitting the requester to inspect or copy the record or requiring the person who has legal custody or control of the public record to provide a copy to the requester. Existing law provides that if the requester prevails in such a proceeding, the requester is entitled to recover his or her costs and reasonable attorney’s fees in the proceeding from the governmental entity whose officer has custody of the book or record. (NRS 239.011) Section 7 of this bill authorizes a requester of a public record to apply to a district court for a similar order if a request for inspection, copying or copies of a public record is unreasonably delayed or if a person who requests a copy of a public book or record believes that the fee charged by the governmental entity for providing the copy of the public book or record is excessive or improper. Section 1 of this bill provides that if a court determines that a governmental entity willfully failed to comply with the existing law governing public books and records concerning a request to inspect, copy or receive a copy of a public book or record, the court must impose on the governmental entity a civil penalty.

      Section 11 of this bill provides that the provisions of the bill apply to actions filed on and after October 1, 2019, which is the effective date of this bill.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 239 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any relief awarded pursuant to NRS 239.011, if a court determines that a governmental entity willfully failed to comply with the provisions of this chapter concerning a request to inspect, copy or receive a copy of a public book or record, the court must impose on the governmental entity a civil penalty of:

      (a) For a first violation within a 10-year period, $1,000.

      (b) For a second violation within a 10-year period, $5,000.

      (c) For a third or subsequent violation within a 10-year period, $10,000.

      2.  A civil penalty imposed pursuant to subsection 1 must be deposited in and accounted for separately in the State General Fund. The money is the account may be used only by the Division of State Library, Archives and Public Records of the Department of Administration to improve access to public records, and is hereby authorized for expenditure as a continuing appropriation for this purpose.

      3.  The rights and remedies recognized by this section are in addition to any other rights or remedies that may exist in law or in equity.

      Sec. 2. NRS 239.001 is hereby amended to read as follows:

      239.001  The Legislature hereby finds and declares that:

      1.  The purpose of this chapter is to foster democratic principles by providing members of the public with prompt access to inspect , [and] copy or receive a copy of public books and records to the extent permitted by law;

 


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

ê2019 Statutes of Nevada, Page 4003 (CHAPTER 612, SB 287)ê

 

      2.  The provisions of this chapter must be construed liberally to carry out this important purpose;

      3.  Any exemption, exception or balancing of interests which limits or restricts access to public books and records by members of the public must be construed narrowly;

      4.  The use of private entities in the provision of public services must not deprive members of the public access to inspect , [and] copy [books and] or receive a copy of books and records relating to the provision of those services; and

      5.  If a public book or record is declared by law to be open to the public, such a declaration does not imply, and must not be construed to mean, that a public book or record is confidential if it is not declared by law to be open to the public and is not otherwise declared by law to be confidential.

      Sec. 3. NRS 239.005 is hereby amended to read as follows:

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

      1.  “Actual cost” means the direct cost [related to the reproduction] incurred by a governmental entity in the provision of a public record [.] , including, without limitation, the cost of ink, toner, paper, media and postage. The term does not include a cost that a governmental entity incurs regardless of whether or not a person requests a copy of a particular public record.

      2.  “Agency of the Executive Department” means an agency, board, commission, bureau, council, department, division, authority or other unit of the Executive Department of the State Government. The term does not include the Nevada System of Higher Education.

      3.  “Committee” means the Committee to Approve Schedules for the Retention and Disposition of Official State Records.

      4.  “Division” means the Division of State Library, Archives and Public Records of the Department of Administration.

      5.  “Governmental entity” means:

      (a) An elected or appointed officer of this State or of a political subdivision of this State;

      (b) An institution, board, commission, bureau, council, department, division, authority or other unit of government of this State, including, without limitation, an agency of the Executive Department, or of a political subdivision of this State;

      (c) A university foundation, as defined in NRS 396.405;

      (d) An educational foundation, as defined in NRS 388.750, to the extent that the foundation is dedicated to the assistance of public schools; or

      (e) A library foundation, as defined in NRS 379.0056, to the extent that the foundation is dedicated to the assistance of a public library.

      6.  “Official state record” includes, without limitation:

      (a) Papers, unpublished books, maps and photographs;

      (b) Information stored on magnetic tape or computer, laser or optical disc;

      (c) Materials that are capable of being read by a machine, including, without limitation, microforms and audio and visual materials; and

      (d) Materials that are made or received by a state agency and preserved by that agency or its successor as evidence of the organization, operation, policy or any other activity of that agency or because of the information contained in the material.

 


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

ê2019 Statutes of Nevada, Page 4004 (CHAPTER 612, SB 287)ê

 

      7.  “Privatization contract” means a contract executed by or on behalf of a governmental entity which authorizes a private entity to provide public services that are:

      (a) Substantially similar to the services provided by the public employees of the governmental entity; and

      (b) In lieu of the services otherwise authorized or required to be provided by the governmental entity.

      Sec. 4. NRS 239.008 is hereby amended to read as follows:

      239.008  1.  The head of each agency of the Executive Department shall designate one or more employees of the agency to act as records official for the agency.

      2.  A records official designated pursuant to subsection 1 shall carry out the duties imposed pursuant to this chapter on the agency of the Executive Department that designated him or her with respect to a request to inspect , [or] copy or receive a copy of a public book or record of the agency.

      3.  The State Library, Archives and Public Records Administrator, pursuant to NRS 378.255 and in cooperation with the Attorney General, shall prescribe:

      (a) The form for a request by a person to inspect , [or] copy or receive a copy of a public book or record of an agency of the Executive Department pursuant to NRS 239.0107;

      (b) The form for the written notice required to be provided by an agency of the Executive Department pursuant to paragraph (b), (c) or (d) of subsection 1 of NRS 239.0107; and

      (c) By regulation the procedures with which a records official must comply in carrying out his or her duties.

      4.  Each agency of the Executive Department shall make available on any website maintained by the agency on the Internet or its successor the forms and procedures prescribed by the State Library, Archives and Public Records Administrator and the Attorney General pursuant to subsection 3.

      Sec. 5. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.906, 293.908, 293.910, 293B.

 


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

ê2019 Statutes of Nevada, Page 4005 (CHAPTER 612, SB 287)ê

 

281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public.

 


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

ê2019 Statutes of Nevada, Page 4006 (CHAPTER 612, SB 287)ê

 

any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

      2.  A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

      3.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate , including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.

      4.  [A person may request] If requested, a governmental entity shall provide a copy of a public record in [any] an electronic format by means of an electronic medium . [in which the public record is readily available.] Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:

      (a) The public record:

             (1) Was not created or prepared in an electronic format; and

             (2) Is not available in an electronic format; or

      (b) Providing the public record in an electronic format or by means of an electronic medium would:

             (1) Give access to proprietary software; or

             (2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.

      5.  An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

      (a) Shall not refuse to provide a copy of that public record in [a readily available] the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

      (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

      Sec. 6. NRS 239.0107 is hereby amended to read as follows:

      239.0107  1.  Not later than the end of the fifth business day after the date on which the person who has legal custody or control of a public book or record of a governmental entity receives a written or oral request from a person to inspect, copy or receive a copy of the public book or record, a governmental entity shall do one of the following, as applicable:

      (a) Except as otherwise provided in subsection 2, allow the person to inspect or copy the public book or record or, if the request is for the person to receive a copy of the public book or record, provide such a copy to the person.

 


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

ê2019 Statutes of Nevada, Page 4007 (CHAPTER 612, SB 287)ê

 

      (b) If the governmental entity does not have legal custody or control of the public book or record, provide to the person, in writing:

             (1) Notice of [that] the fact [;] that it does not have legal custody or control of the public book or record; and

             (2) The name and address of the governmental entity that has legal custody or control of the public book or record, if known.

      (c) Except as otherwise provided in paragraph (d), if the governmental entity is unable to make the public book or record available by the end of the fifth business day after the date on which the person who has legal custody or control of the public book or record received the request [, provide] :

             (1) Provide to the person, in writing [:

             (1) Notice] notice of [that] the fact [;] that it is unable to make the public book or record available by that date and

             [(2) A] the earliest date and time after which the governmental entity reasonably believes the public book or record will be available for the person to inspect or copy or after which a copy of the public book or record will be available to the person. If the public book or record or the copy of the public book or record is not available to the person by that date and time, the [person may inquire regarding the status of the request.] governmental entity shall provide to the person, in writing, an explanation of the reason the public book or record is not available and a date and time after which the governmental entity reasonably believes the public book or record will be available for the person to inspect or copy or after which a copy of the public book or record will be available to the person.

             (2) Make a reasonable effort to assist the requester to focus the request in such a manner as to maximize the likelihood the requester will be able to inspect, copy or receive a copy of the public book or record as expeditiously as possible.

      (d) If the governmental entity must deny the person’s request because the public book or record, or a part thereof, is confidential, provide to the person, in writing:

             (1) Notice of that fact; and

             (2) A citation to the specific statute or other legal authority that makes the public book or record, or a part thereof, confidential.

      2.  If a public book or record of a governmental entity is readily available for inspection or copying, the person who has legal custody or control of the public book or record shall allow a person who has submitted a request to inspect, copy or receive a copy of a public book or record [.] as expeditiously as practicable.

      Sec. 7. NRS 239.011 is hereby amended to read as follows:

      239.011  1.  If a request for inspection, copying or copies of a public book or record open to inspection and copying is denied [,] or unreasonably delayed or if a person who requests a copy of a public book or record believes that the fee charged by the governmental entity for providing the copy of the public book or record is excessive or improper, the requester may apply to the district court in the county in which the book or record is located for an order:

      (a) Permitting the requester to inspect or copy the book or record; [or]

      (b) Requiring the person who has legal custody or control of the public book or record to provide a copy to the requester [,] ; or

      (c) Providing relief relating to the amount of the fee,

Ê as applicable.

 


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

ê2019 Statutes of Nevada, Page 4008 (CHAPTER 612, SB 287)ê

 

      2.  The court shall give this matter priority over other civil matters to which priority is not given by other statutes. If the requester prevails, the requester is entitled to recover [his] from the governmental entity that has legal custody or control of the record his or her costs and reasonable attorney’s fees in the proceeding . [from the governmental entity whose officer has custody of the book or record.]

      3.  If the governmental entity appeals the decision of the district court and the decision is affirmed in whole or in part, the requester is entitled to recover from the governmental entity that has legal custody or control of the record his or her costs and reasonable attorney’s fees for the appeal.

      4.  The rights and remedies recognized by this section are in addition to any other rights or remedies that may exist in law or in equity.

      Secs. 8-10. (Deleted by amendment.)

      Sec. 11.  The amendatory provisions of this act apply to all actions filed on or after October 1, 2019.

      Sec. 12. (Deleted by amendment.)

      Sec. 13. NRS 239.055 is hereby repealed.

________

CHAPTER 613, SB 388

Senate Bill No. 388–Senator Denis

 

CHAPTER 613

 

[Approved: June 13, 2019]

 

AN ACT relating to public records; providing for the designation of certain public records and portions of public records as confidential; requiring a governmental entity to grant a request to copy such records under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law generally authorizes members of the public to inspect or copy public records not declared by law to be confidential. (NRS 239.010) Section 1 of this bill provides that a record or portion of a record that contains personally identifiable information collected by automated means over the Internet or other digital network by a governmental entity as part of the electronic collection of information from the general public is confidential if the governmental entity determines that the disclosure of the personally identifiable information could create negative consequences for the person to whom the record pertains. Section 1 additionally requires a governmental entity to maintain a list of records and portions of records declared confidential under such circumstances. Section 1 requires the governmental entity to grant a request to inspect or copy such a record or portion of a record declared confidential under such circumstances if the disclosure is not otherwise prohibited by state or federal law and the requester demonstrates a compelling justification that outweighs the risk of potential negative consequences. Section 1 requires a governmental entity to submit to the Legislature an annual report that includes a description of each record determined to be confidential under such circumstances and the reasons for that determination.

 

 

 

 

 

 


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

ê2019 Statutes of Nevada, Page 4009 (CHAPTER 613, SB 388)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 239 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 3, a record or portion of a record that contains personally identifiable information collected by automated means over the Internet or other digital network by a governmental entity as part of the electronic collection of information from the general public is confidential if the governmental entity determines that the disclosure of the personally identifiable information could potentially create negative consequences, including, without limitation, financial loss, stigmatization, harm to reputation, anxiety, embarrassment, fear or other physical or emotional harm, for the person to whom the information pertains.

      2.  Each governmental entity shall maintain a list of records and portions of records determined to be confidential pursuant to subsection 1. The list must describe each record or portion of a record without revealing any personally identifiable information contained in the record.

      3.  Except if the disclosure is otherwise prohibited by state or federal law, a governmental entity shall grant a request pursuant to NRS 239.010 to inspect or copy a record or portion of a record determined to be confidential pursuant to subsection 1 if the requester demonstrates a compelling operational, administrative, legal or educational justification for inspecting or copying the record or portion of a record, as applicable, that, in the determination of the governmental entity, outweighs the risk of potential negative consequences to the person to whom the record pertains.

      4.  On or before February 15 of each year, a governmental entity shall:

      (a) Prepare a report that provides a detailed description of each record or portion of a record determined to be confidential pursuant to subsection 1 and an explanation of the reasons for that determination. The report must not include any personally identifiable information.

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

             (1) If the Legislature is in session, the standing committees of the Legislature which have jurisdiction of the subject matter; or

             (2) If the Legislature is not in session, the Legislative Commission.

      5.  As used in this section, “personally identifiable information” means information that, alone or in combination with other information, may be used to identify a person or an electronic device used by the person. The term includes, without limitation, the name, address, telephone number, date of birth, and directory information of a person.

      Sec. 2. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.

 


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

ê2019 Statutes of Nevada, Page 4010 (CHAPTER 613, SB 388)ê

 

116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.

 


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

ê2019 Statutes of Nevada, Page 4011 (CHAPTER 613, SB 388)ê

 

673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600 [,] and section 1 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

      2.  A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

      3.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

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

      (a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

      (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

      Sec. 3.  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. 4.  This act becomes effective on July 1, 2019.

________

 


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

ê2019 Statutes of Nevada, Page 4012ê

 

CHAPTER 614, SB 501

Senate Bill No. 501–Committee on Finance

 

CHAPTER 614

 

[Approved: June 13, 2019]

 

AN ACT making appropriations relating to various nonprofit and governmental entities for specified purposes; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $1,000,000 for allocation pursuant to subsection 2 to the nonprofit corporation formed to relocate the National Atomic Testing Museum in Las Vegas, Nevada, upon a showing to the Committee:

      (a) That the corporation has been incorporated under the laws of this State as a nonprofit corporation; and

      (b) That the purpose of the corporation is to relocate the National Atomic Testing Museum in Las Vegas, Nevada.

      2.  Allocation of the money appropriated by subsection 1 is contingent upon matching money being obtained by the nonprofit corporation described in subsection 1, including, without limitation, gifts, grants and donations to the nonprofit corporation from private and public sources of money other than the appropriation made by subsection 1. The Interim Finance Committee shall not direct the transfer of any portion of money from the appropriation made by subsection 1 until the nonprofit corporation submits to the Committee proof satisfactory to the Committee that matching money in an equivalent amount has been committed.

      3.  Upon acceptance of the money allocated pursuant to subsection 2, the nonprofit corporation agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 18, 2020, that describes each expenditure made from the money allocated pursuant to subsection 2 from the date on which the money was received by the nonprofit corporation through December 1, 2020;

      (b) Prepare and transmit a final report to the Interim Finance Committee on or before September 17, 2021, that describes each expenditure made from the money allocated pursuant to subsection 2 from the date on which the money was received by the nonprofit corporation through June 30, 2021; and

      (c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the nonprofit corporation, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money allocated pursuant to subsection 2.

      4.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

 


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

ê2019 Statutes of Nevada, Page 4013 (CHAPTER 614, SB 501)ê

 

appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

      Sec. 2.  1.  There is hereby appropriated from the State General Fund to the Reno Rodeo Association the sum of $1,000,000 for the advance planning and schematic design phases on a master plan to rehabilitate, repair, renovate and improve the Reno-Sparks Livestock Events Center.

      2.  Upon acceptance of the money appropriated by subsection 1, the Reno Rodeo Association agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 18, 2020, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Reno Rodeo Association through December 1, 2020;

      (b) Prepare and transmit a final report to the Interim Finance Committee on or before September 17, 2021, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by Reno Rodeo Association through June 30, 2021; and

      (c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Reno Rodeo Association, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated by subsection 1.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

      Sec. 3.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $500,000 for allocation to the International Gaming Institute of the William F. Harrah College of Hotel Administration of the University of Nevada, Las Vegas for the Leaderverse Initiative to increase the diversity of leaders in the gaming industry.

      2.  Allocation of the money appropriated by subsection 1 is contingent upon matching money being obtained by the International Gaming Institute, including, without limitation, gifts, grants and donations to the International Gaming Institute from private and public sources of money other than the appropriation made by subsection 1. The Interim Finance Committee shall not direct the transfer of any portion of money from the appropriation made by subsection 1 until the International Gaming Institute submits to the Committee proof satisfactory to the Committee that matching money in an equivalent amount has been committed.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

 


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

ê2019 Statutes of Nevada, Page 4014 (CHAPTER 614, SB 501)ê

 

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. 4.  1.  There is hereby appropriated from the State General Fund to the Nevada State Museum, Las Vegas the sum of $3,000,000 to provide a grant of money to the Springs Preserve Foundation to be used for the purposes set forth in subsection 2.

      2.  The Springs Preserve Foundation shall use:

      (a) Not more than $1,000,000 of the grant provided pursuant to subsection 1 for the renovation of the Sustainability Gallery to relocate the Nature Gallery and develop classroom and indoor play spaces for children.

      (b) Not more than $2,000,000 of the grant provided pursuant to subsection 1 for the design of the Science and Sustainability Center to expand exhibit space and construct a large classroom facility.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

      Sec. 5.  1.  There is hereby appropriated from the State General Fund to Vegas PBS the sum of $709,150 for the production of episodes and related educational curriculum for the Outdoor Nevada television series.

      2.  Upon acceptance of the money appropriated by subsection 1, Vegas PBS agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 18, 2020, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by Vegas PBS through December 1, 2020;

      (b) Prepare and transmit a final report to the Interim Finance Committee on or before September 17, 2021, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by Vegas PBS through June 30, 2021; and

      (c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of Vegas PBS, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated by subsection 1.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

 


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

ê2019 Statutes of Nevada, Page 4015 (CHAPTER 614, SB 501)ê

 

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. 6.  This act becomes effective upon passage and approval.

________

CHAPTER 615, SB 528

Senate Bill No. 528–Committee on Finance

 

CHAPTER 615

 

[Approved: June 13, 2019]

 

AN ACT making appropriations to the Lou Ruvo Center for Brain Health for research, clinical studies, operations and educational programs and to certain public entities for governmental administration; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1. There is hereby appropriated from the State General Fund to the Lou Ruvo Center for Brain Health the sum of $2,000,000 for research, clinical studies, operations and educational programs at the Center.

      2.  Any remaining balance of the appropriation made by subsection 1 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. 1.5.  1.  There is hereby appropriated from the State General Fund to the Lou Ruvo Center for Brain Health for operations and educational programs to restore funding previously received by the Center for this purpose from the University of Nevada, Reno, School of Medicine the following sums:

For the Fiscal Year 2019-2020.......................................................... $542,343

For the Fiscal Year 2020-2021.......................................................... $542,343

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

 


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

ê2019 Statutes of Nevada, Page 4016 (CHAPTER 615, SB 528)ê

 

      Sec. 1.7.  Upon acceptance of the money appropriated by sections 1 and 1.5 of this act, the Lou Ruvo Center for Brain Health agrees to:

      1.  Prepare and transmit a report to the Interim Finance Committee on or before December 18, 2020, that describes each expenditure made from the money appropriated by sections 1 and 1.5 of this act from the date on which the money was received by the Lou Ruvo Center for Brain Health through December 1, 2020;

      2.  Prepare and transmit a final report to the Interim Finance Committee on or before September 17, 2021, that describes each expenditure made from the money appropriated by sections 1 and 1.5 of this act from the date on which the money was received by the Lou Ruvo Center for Brain Health through June 30, 2021; and

      3.  Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Lou Ruvo Center for Brain Health, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated by sections 1 and 1.5 of this act.

      Sec. 2. (Deleted by amendment.)

      Sec. 3.  1.  There is hereby appropriated from the State General Fund to White Pine County the sum of $5,000,000 to assist with the construction of a new courthouse in White Pine County.

      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 State General Fund on or before September 15, 2023.

      Sec. 4.  1.  There is hereby appropriated from the State Highway Fund to the Department of Motor Vehicles the sum of $649,300 for the costs of computer programming related to legislation approved by the 80th Session of the Nevada Legislature.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 17, 2021.

      Sec. 5.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $1,000,000 for allocation to the State Public Works Division of the Department of Administration or other appropriate entity to provide office and related space for state agencies displaced as a result of 19-P01 Advance Planning: Grant Sawyer Office Building Remodel, including, without limitation, through rental, lease, purchase, lease-purchase or acquisition by gift, grant, bequest, devise or otherwise, reconstruction, redesign, improvement, renovation, alteration, remodeling, extension, modernization, rehabilitation, repair, equipment and furnishing.

 


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

ê2019 Statutes of Nevada, Page 4017 (CHAPTER 615, SB 528)ê

 

remodeling, extension, modernization, rehabilitation, repair, equipment and furnishing. Money appropriated pursuant to this section may only be allocated by the Interim Finance Committee upon:

      (a) Submittal by the State Public Works Division or other entity of an analysis demonstrating the need for the money and a plan for the utilization of the money for this purpose.

      (b) Determination by the Interim Finance Committee that a need for the allocation exists and the allocation carries out the intent of the Legislature.

      2.  If applicable, the State Public Works Division of the Department of Administration shall carry out the provisions of this section 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.

      3.  Any remaining balance of the appropriation made by subsection 1 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. 6.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $1,000,000 for allocation to the Office of Grant Procurement, Coordination and Management of the Department of Administration for the pilot program created by section 2 of Assembly Bill No. 489 of this session. Money appropriated pursuant to this subsection can only be allocated by the Interim Finance Committee upon submittal by the Office of Grant Procurement, Coordination and Management of documentation of the creation of a pilot program that meets the requirements of sections 2, 3 and 4 of Assembly Bill No. 489 of this session.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

      Sec. 7.  1.  There is hereby appropriated from the State General Fund the sum of $3,111,192 in Fiscal Year 2019-2020 and the sum of $6,464,376 in Fiscal Year 2020-2021 to Nevada Medicaid within the Division of Health Care Financing and Policy of the Department of Health and Human Services for costs related to increasing the acute care per diem reimbursement rates, excluding the per diem rates for neonatal and pediatric intensive care units, by a total of 2.5 percent, effective January 1, 2020, from the reimbursement rate paid by the Division for such services in Fiscal Year 2018-2019.

      2.  There is hereby appropriated from the State General Fund the sum of $1,386 in Fiscal Year 2019-2020 and the sum of $5,869 in Fiscal Year 2020-2021 to the Nevada Check-Up Program of the Division of Health Care Financing and Policy of the Department of Health and Human Services for costs related to increasing the acute care per diem reimbursement rates, excluding the per diem rates for neonatal and pediatric intensive care units, by a total of 2.5 percent, effective January 1, 2020, from the reimbursement rate paid by the Division for such services in Fiscal Year 2018-2019.

 


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

ê2019 Statutes of Nevada, Page 4018 (CHAPTER 615, SB 528)ê

 

Financing and Policy of the Department of Health and Human Services for costs related to increasing the acute care per diem reimbursement rates, excluding the per diem rates for neonatal and pediatric intensive care units, by a total of 2.5 percent, effective January 1, 2020, from the reimbursement rate paid by the Division for such services in Fiscal Year 2018-2019.

      3.  The sums appropriated by subsections 1 and 2 are available for both Fiscal Year 2019-2020 and Fiscal Year 2020-2021, and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor.

      4.  Any remaining balance of the appropriations made by subsections 1 and 2 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.

      5.  There is hereby authorized for expenditure from the money not appropriated from the State General Fund or the State Highway Fund by the Division of Health Care Financing and Policy of the Department of Health and Human Services the sum of $8,150,534 during Fiscal Year 2019-2020 and the sum of $16,335,323 during Fiscal Year 2020-2021 for Nevada Medicaid for costs related to increasing the acute care per diem reimbursement rates, excluding the per diem rates for neonatal and pediatric intensive care units, by a total of 2.5 percent, effective January 1, 2020, from the reimbursement rate paid by the Division for such services in Fiscal Year 2018-2019.

      6.  There is hereby authorized for expenditure from the money not appropriated from the State General Fund or the State Highway Fund by the Division of Health Care Financing and Policy of the Department of Health and Human Services the sum of $11,553 during Fiscal Year 2019-2020 and the sum of $20,298 during Fiscal Year 2020-2021 for the Nevada Check-Up Program for costs related to increasing the acute care per diem reimbursement rates, excluding the per diem rates for neonatal and pediatric intensive care units, by a total of 2.5 percent, effective January 1, 2020, from the reimbursement rate paid by the Division for such services in Fiscal Year 2018-2019.

      Sec. 8.  1.  There is hereby appropriated from the State General Fund to the State Public Works Division of the Department of Administration the sum of $20,000,000 to support the Division in carrying out the project numbered or otherwise described as Project 19-C30, Construction of a UNLV College of Engineering, Academic and Research Building.

      2.  Expenditure of the following sum not appropriated from the State General Fund or the State Highway Fund is hereby authorized for the following project numbered or otherwise described as Project 19-C30, Construction of a UNLV College of Engineering, Academic and Research Building in the amount of $20,000,000.

      3.  The State Public Works Division of the Department of Administration shall not execute a contract for construction of the project numbered or otherwise described in subsections 1 and 2 until the Division has determined that the funding authorized in subsection 2 for the project has been secured or received and is available for expenditure for the project.

 


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

ê2019 Statutes of Nevada, Page 4019 (CHAPTER 615, SB 528)ê

 

has determined that the funding authorized in subsection 2 for the project has been secured or received and is available for expenditure for the project.

      4.  The State Public Works Division of the Department of Administration shall carry out the provisions of this section 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.

      5.  All state and local governmental agencies involved in the design and construction of the project numbered or otherwise described in subsections 1 and 2 shall cooperate with the State Public Works Division of the Department of Administration to expedite completion of the project.

      6.  It is the intent of the Legislature that the amounts authorized for the project numbered or otherwise described in subsections 1 and 2 must be expended before the amounts appropriated for the project numbered or otherwise described in subsections 1 and 2.

      7.  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 State General Fund on or before September 15, 2023.

      Sec. 9.  1.  There is hereby appropriated from the State General Fund to the State Public Works Division of the Department of Administration the sum of $458,193 to support the Division in carrying out the project numbered or otherwise described as Project 19-P70, Planning, Great Basin College Welding Lab Expansion.

      2.  Expenditure of the following sum not appropriated from the State General Fund or the State Highway Fund is hereby authorized for the following project numbered or otherwise described as Project 19-P70, Planning, Great Basin College Welding Lab Expansion in the amount of $35,000.

      3.  The State Public Works Division of the Department of Administration shall not execute a contract for the planning of the project numbered or otherwise described in subsections 1 and 2 until the Division has determined that the funding authorized in subsection 2 for the project has been secured or received and is available for expenditure for the project.

      4.  The State Public Works Division of the Department of Administration shall carry out the provisions of this section 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.

      5.  All state and local governmental agencies involved in the design of the project numbered or otherwise described in subsections 1 and 2 shall cooperate with the State Public Works Division of the Department of Administration to expedite completion of the project.

      6.  It is the intent of the Legislature that the amounts authorized for the project numbered or otherwise described in subsections 1 and 2 must be expended before the amounts appropriated for the project numbered or otherwise described in subsections 1 and 2.

 


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

ê2019 Statutes of Nevada, Page 4020 (CHAPTER 615, SB 528)ê

 

      7.  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 State General Fund on or before September 15, 2023.

      Sec. 10.  1.  There is hereby appropriated from the State General Fund to the State Public Works Division of the Department of Administration the sum of $105,000 to support the Division in carrying out the project numbered or otherwise described as Project 19-P71, Planning, Western Nevada College Marlette Hall Refurbishment.

      2.  The State Public Works Division of the Department of Administration shall carry out the provisions of this section 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.

      3.  All state and local governmental agencies involved in the design of the project numbered or otherwise described in subsection 1 shall cooperate with the State Public Works Division of the Department of Administration to expedite completion of the project.

      4.  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 State General Fund on or before September 15, 2023.

      Sec. 11.  1.  There is hereby appropriated from the State General Fund to the School Safety Account the following sums:

For the Fiscal Year 2019-2020....................................................... $1,358,455

For the Fiscal Year 2020-2021....................................................... $1,358,455

      2.  The Department of Education shall transfer money from the appropriation made by subsection 1 to school districts and charter schools for block grants for contract or employee social workers or other licensed mental health workers in schools with identified needs. The money must not be used for administrative expenditures of the Department of Education.

      3.  For purposes of the allocations of sums for the block grant program described in subsection 2, eligible licensed social workers or other mental health workers include the following:

      (a) Licensed clinical social worker;

      (b) Social worker;

      (c) Social worker intern with supervision;

      (d) Clinical psychologist;

      (e) Psychologist intern with supervision;

      (f) Marriage and family therapist;

      (g) Mental health counselor;

      (h) Community health worker;

 


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

ê2019 Statutes of Nevada, Page 4021 (CHAPTER 615, SB 528)ê

 

      (i) School-based health centers; and

      (j) Licensed nurse.

      4.  The money appropriated by 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.

      5.  Any remaining balance of the sums transferred by subsection 2 for Fiscal Year 2019-2020 and Fiscal Year 2020-2021 must not be committed for expenditure after June 30 of each fiscal year and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, for each fiscal year respectively.

      Sec. 12.  1.  There is hereby appropriated from the State General Fund to the School Safety Account the following sums:

For the Fiscal Year 2019-2020....................................................... $2,750,000

For the Fiscal Year 2020-2021....................................................... $2,750,000

      2.  The Department of Education shall transfer money from the appropriation made by subsection 1 to provide grants to public schools to employ and equip school resource officers or school police officers in schools with identified needs on the basis of data relating to school discipline, violence, climate and vulnerability and the ability of the public school to hire school resource officers or school police officers. The money must not be used for administrative expenditures of the Department of Education.

      3.  The money transferred pursuant to subsection 2:

      (a) Must be accounted for separately from any other money received by the school districts and charter schools of this State and used only for the purposes specified in subsection 2.

      (b) 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.

      (c) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.

      4.  Any remaining balance of the appropriation made by subsection 1 for Fiscal Year 2019-2020 must be transferred and added to the money appropriated for Fiscal Year 2020-2021 and may be expended as that money is expended.

      5.  Any remaining balance of the appropriation made by subsection 1 for Fiscal Year 2020-2021, including any money added thereto pursuant to the provisions of subsection 4, 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.

      Sec. 13.  1.  There is hereby appropriated from the State General Fund to the School Safety Account the following sums:

For the Fiscal Year 2019-2020....................................................... $2,350,000

For the Fiscal Year 2020-2021....................................................... $2,350,000

      2.  The money appropriated by subsection 1 must be used by the Department of Education to support the implementation of a program of social, emotional and academic development throughout the public schools in this State, including, without limitation, the development and implementation of a strategic plan to carry out full implementation of such programs within 5 years.

 


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

ê2019 Statutes of Nevada, Page 4022 (CHAPTER 615, SB 528)ê

 

      3.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2020, and September 17, 2021, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, respectively.

      Sec. 14.  1.  There is hereby appropriated from the State General Fund to the Nevada Blind Children’s Foundation the sum of $1,000,000 for children to attend afterschool programs offered by the Nevada Blind Children’s Foundation.

      2.  Upon acceptance of the money appropriated by subsection 1, the Nevada Blind Children’s Foundation agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 18, 2020, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Blind Children’s Foundation through December 1, 2020;

      (b) Prepare and transmit a final report to the Interim Finance Committee on or before September 17, 2021, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Blind Children’s Foundation through June 30, 2021; and

      (c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Nevada Blind Children’s Foundation, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

      3.  Any remaining balance of the appropriation made by subsection 1 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. 15.  1.  This section and sections 1, 1.7, 3, 4, 5 and 7 to 10, inclusive, of this act become effective upon passage and approval.

      2.  Sections 1.5 and sections 11 to 14, inclusive, of this act become effective on July 1, 2019.

      3.  Section 6 of this act becomes effective on the date on which sections 1 to 5, inclusive, of Assembly Bill No. 489 of this session become effective, if and only if, Assembly Bill No. 489 of this session is enacted by the Legislature and approved by the Governor.

________

 


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

ê2019 Statutes of Nevada, Page 4023ê

 

CHAPTER 616, SB 378

Senate Bill No. 378–Senator Cancela

 

CHAPTER 616

 

[Approved: June 14, 2019]

 

AN ACT relating to prescription drugs; revising provisions concerning coverage of prescription drugs under Medicaid and the Children’s Health Insurance Program; revising provisions governing restrictions imposed on the list of preferred prescription drugs to be used for the Medicaid program; revising the criteria for selecting prescription drugs for inclusion on the list; replacing the Pharmacy and Therapeutics Committee with the Silver State Scripts Board; authorizing certain public and nonprofit insurers to use the preferred prescription drug list for Medicaid as their formulary; revising provisions governing the duties of pharmacy benefit managers; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Department of Health and Human Services to administer the Medicaid program. (NRS 422.270) Section 31.15 of this bill requires any contract between the Department and a pharmacy benefit manager or health maintenance organization to provide services related to prescription drug coverage under Medicaid or the Children’s Health Insurance Program to require the pharmacy benefit manager or health maintenance organization, as applicable, to provide to the Department any information concerning such services provided pursuant to the contract. Section 31.15 additionally requires any health maintenance organization that enters into such a contract with the Department to provide all rebates received through the purchase of prescription drugs pursuant to the contract to the Department, except for an administrative fee. If the Department does not enter into such a contract, section 31.15 also requires the Department to directly manage and coordinate such services. Section 31.2 of this bill provides for an annual audit of any contract between the Department and a pharmacy benefit manager or health maintenance organization entered into pursuant to section 31.15.

      Existing law requires the Department to develop: (1) a list of preferred prescription drugs to be used for the Medicaid program; and (2) a list of preferred prescription drugs on the list of preferred prescription drugs to be used for the Medicaid program that are not subject to certain restrictions. (NRS 422.4025) Section 31.4 of this bill requires the Children’s Health Insurance Program to use the list of preferred prescription drugs. Sections 28.5, 29.3, 31.4 and 33 of this bill authorize other public and nonprofit insurance plans to use the list of preferred prescription drugs as the formulary for such plans. Section 31.4 also requires the Department to negotiate and enter into agreements to purchase prescription drugs included on the list of preferred prescription drugs on behalf of those health benefit plans or enter into a contract with a pharmacy benefit manager or health maintenance organization, as appropriate, to negotiate and enter into such agreements. Section 31.4 of this bill removes certain categories of prescription drugs from the list of preferred prescription drugs to be used for the Medicaid program that are not subject to certain restrictions.

      Existing law requires the Director of the Department to create a Pharmacy and Therapeutics Committee within the Department, consisting of members appointed by the Governor based on recommendations of the Director. (NRS 422.4035) Existing law requires the Committee to identify: (1) prescription drugs for inclusion in the list of preferred prescription drugs for the Medicaid program; and (2) prescription drugs on that list which should be excluded from any restrictions imposed by the Medicaid program. (NRS 422.405) Sections 31.55-31.8 of this bill replace the Committee with the Silver State Scripts Board. Section 31.55 requires the Director to appoint the members of the Board, who must have the same qualifications as the members of the Committee.

 


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

ê2019 Statutes of Nevada, Page 4024 (CHAPTER 616, SB 378)ê

 

members of the Board, who must have the same qualifications as the members of the Committee. Section 31.8 of this bill requires the Board to: (1) identify prescription drugs for inclusion in the formulary developed for use by publicly funded and nonprofit health plans; and (2) assume the other duties of the Committee.

      Existing law requires the Committee to make its decisions based on evidence of clinical efficacy and safety without consideration of cost. (NRS 422.405) Section 31.8 of this bill authorizes the Board to consider cost if there is no significant difference in the clinical efficacy, safety and patient outcomes of two or more drugs. Sections 28 and 31.8 of this bill authorize the Board to close a portion of a meeting to the public in order to consider the cost of prescription drugs. Sections 25, 29.2, 31-31.1, 31.3, 31.35, 31.45 and 31.9 of this bill make conforming changes.

      Under existing law, a pharmacy benefit manager has a fiduciary duty to a third party with which the pharmacy benefit manager has entered into a contract to manage the pharmacy benefits plan of the third party. (NRS 683A.178) Section 32.5 of this bill removes this fiduciary duty and instead imposes on a pharmacy benefit manager an obligation of good faith and fair dealing toward a third party or pharmacy when performing contractual duties. Section 32.5 also provides that any contractual provision that limits or waives that obligation is void and unenforceable.

 

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 1-24. (Deleted by amendment.)

      Sec. 25. NRS 232.320 is hereby amended to read as follows:

      232.320  1.  The Director:

      (a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:

             (1) The Administrator of the Aging and Disability Services Division;

             (2) The Administrator of the Division of Welfare and Supportive Services;

             (3) The Administrator of the Division of Child and Family Services;

             (4) The Administrator of the Division of Health Care Financing and Policy; and

             (5) The Administrator of the Division of Public and Behavioral Health.

      (b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and sections 31.05 to 31.2, inclusive, of this act, 422.580, 432.010 to 432.133, inclusive, 432B.621 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.

      (c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.

      (d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session.

 


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

ê2019 Statutes of Nevada, Page 4025 (CHAPTER 616, SB 378)ê

 

revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:

             (1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;

             (2) Set forth priorities for the provision of those services;

             (3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;

             (4) Identify the sources of funding for services provided by the Department and the allocation of that funding;

             (5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and

             (6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.

      (e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.

      (f) Has such other powers and duties as are provided by law.

      2.  Notwithstanding any other provision of law, the Director, or the Director’s designee, is responsible for appointing and removing subordinate officers and employees of the Department, other than the State Public Defender of the Office of State Public Defender who is appointed pursuant to NRS 180.010.

      Secs. 26 and 27. (Deleted by amendment.)

      Sec. 28. NRS 241.016 is hereby amended to read as follows:

      241.016  1.  The meetings of a public body that are quasi-judicial in nature are subject to the provisions of this chapter.

      2.  The following are exempt from the requirements of this chapter:

      (a) The Legislature of the State of Nevada.

      (b) Judicial proceedings, including, without limitation, proceedings before the Commission on Judicial Selection and, except as otherwise provided in NRS 1.4687, the Commission on Judicial Discipline.

      (c) Meetings of the State Board of Parole Commissioners when acting to grant, deny, continue or revoke the parole of a prisoner or to establish or modify the terms of the parole of a prisoner.

      3.  Any provision of law, including, without limitation, NRS 91.270, 219A.210, 228.495, 239C.140, 281A.350, 281A.690, 281A.735, 281A.760, 284.3629, 286.150, 287.0415, 287.04345, 287.338, 288.220, 289.387, 295.121, 360.247, 388.261, 388A.495, 388C.150, 388G.710, 388G.730, 392.147, 392.467, 394.1699, 396.3295, 422.405, 433.534, 435.610, 463.110, 622.320, 622.340, 630.311, 630.336, 631.3635, 639.050, 642.518, 642.557, 686B.170, 696B.550, 703.196 and 706.1725, which:

      (a) Provides that any meeting, hearing or other proceeding is not subject to the provisions of this chapter; or

 


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

ê2019 Statutes of Nevada, Page 4026 (CHAPTER 616, SB 378)ê

 

      (b) Otherwise authorizes or requires a closed meeting, hearing or proceeding,

Ê prevails over the general provisions of this chapter.

      4.  The exceptions provided to this chapter, and electronic communication, must not be used to circumvent the spirit or letter of this chapter to deliberate or act, outside of an open and public meeting, upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.

      Sec. 28.5. Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:

      A governing body of a county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides coverage of prescription drugs pursuant to NRS 287.010 or any issuer of a policy of health insurance purchased pursuant to NRS 287.010 may use the list of preferred prescription drugs developed by the Department of Health and Human Services pursuant to subsection 1 of NRS 422.4025 as its formulary and obtain prescription drugs through the purchasing agreements negotiated by the Department pursuant to that section by notifying the Department in the form prescribed by the Department.

      Sec. 29. (Deleted by amendment.)

      Sec. 29.2. NRS 287.040 is hereby amended to read as follows:

      287.040  The provisions of NRS 287.010 to 287.040, inclusive, and section 28.5 of this act do not make it compulsory upon any governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada, except as otherwise provided in NRS 287.021 or subsection 4 of NRS 287.023 or in an agreement entered into pursuant to subsection 3 of NRS 287.015, to pay any premiums, contributions or other costs for group insurance, a plan of benefits or medical or hospital services established pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025, for coverage under the Public Employees’ Benefits Program, or to make any contributions to a trust fund established pursuant to NRS 287.017, or upon any officer or employee of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State to accept any such coverage or to assign his or her wages or salary in payment of premiums or contributions therefor.

      Sec. 29.3.NRS 287.0433 is hereby amended to read as follows:

      287.0433  1.  The Board may establish a plan of life, accident or health insurance and provide for the payment of contributions into the Program Fund, a schedule of benefits and the disbursement of benefits from the Program Fund. The Board may reinsure any risk or any part of such a risk.

      2.  If the Board provides coverage of prescription drugs pursuant to this section, the Board or any entity with which the Board enters into a contract to provide such coverage may use the list of preferred prescription drugs developed by the Department of Health and Human Services pursuant to subsection 1 of NRS 422.4025 as its formulary and obtain prescription drugs through the purchasing agreements negotiated by the Department pursuant to that section by notifying the Department in the form prescribed by the Department.

      Sec. 29.6 and 30. (Deleted by amendment.)

 


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

ê2019 Statutes of Nevada, Page 4027 (CHAPTER 616, SB 378)ê

 

      Sec. 31. Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 31.05 to 31.2, inclusive, of this act.

      Sec. 31.05. “Health benefit plan” means a policy, contract, certificate or agreement offered to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services.

      Sec. 31.07. “Health maintenance organization” has the meaning ascribed to it in NRS 695C.030.

      Sec. 31.1. “Pharmacy benefit manager” has the meaning ascribed to it in NRS 683A.174.

      Sec. 31.15.  1.  Except as otherwise provided in subsection 2, the Department shall directly manage, direct and coordinate all payments and rebates for prescription drugs and all other services and payments relating to the provision of prescription drugs under the State Plan for Medicaid and the Children’s Health Insurance Program.

      2.  The Department may enter into a contract with:

      (a) A pharmacy benefit manager for the provision of any services described in subsection 1.

      (b) A health maintenance organization pursuant to NRS 422.273 for the provision of any of the services described in subsection 1 for recipients of Medicaid or recipients of insurance through the Children’s Health Insurance Program who receive coverage through a Medicaid managed care program.

      3.  A contract entered into pursuant to subsection 2 must:

      (a) Include the provisions required by section 31.2 of this act; and

      (b) Require the pharmacy benefit manager or health maintenance organization, as applicable, to disclose to the Department any information relating to the services covered by the contract, including, without limitation, information concerning dispensing fees, measures for the control of costs, rebates collected and paid and any fees and charges imposed by the pharmacy benefit manager or health maintenance organization pursuant to the contract.

      4.  In addition to meeting the requirements of subsection 3, a contract entered into pursuant to:

      (a) Paragraph (a) of subsection 2 may require the pharmacy benefit manager to provide the entire amount of any rebates received for the purchase of prescription drugs, including, without limitation, rebates for the purchase of prescription drugs by an entity other than the Department, to the Department.

      (b) Paragraph (b) of subsection 2 must require the health maintenance organization to provide to the Department the entire amount of any rebates received for the purchase of prescription drugs, including, without limitation, rebates for the purchase of prescription drugs by an entity other than the Department, less an administrative fee in an amount prescribed by the contract. The Department shall adopt policies prescribing the maximum amount of such an administrative fee.

      Sec. 31.2. 1.  Any contract between the Department and a pharmacy benefit manager or health maintenance organization entered into pursuant to section 31.15 of this act must require the pharmacy benefit manager or health maintenance organization, as applicable, to:

      (a) Submit to and cooperate with an annual audit by the Department to evaluate the compliance of the pharmacy benefit manager or health maintenance organization with the agreement and generally accepted accounting and business practices.

 


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

ê2019 Statutes of Nevada, Page 4028 (CHAPTER 616, SB 378)ê

 

accounting and business practices. The audit must analyze all claims processed by the pharmacy benefit manager or health maintenance organization pursuant to the agreement.

      (b) Obtain from an independent accountant, at the expense of the pharmacy benefit manager or health maintenance organization, as applicable, an annual audit of internal controls to ensure the integrity of financial transactions and claims processing.

      2.  The Department shall post the results of any audit conducted pursuant to paragraph (a) of subsection 1 on an Internet website maintained by the Department.

      Sec. 31.25. (Deleted by amendment.)

      Sec. 31.3.NRS 422.401 is hereby amended to read as follows:

      422.401  As used in NRS 422.401 to 422.406, inclusive, and sections 31.05 to 31.2, inclusive of this act, unless the context otherwise requires, the words and terms defined in NRS 422.4015 and 422.402 and sections 31.05 and 31.1 of this act have the meanings ascribed to them in those sections.

      Sec. 31.35. NRS 422.4015 is hereby amended to read as follows:

      422.4015  [“Committee”] “Board” means the [Pharmacy and Therapeutics Committee] Silver State Scripts Board established pursuant to NRS 422.4035.

      Sec. 31.4.NRS 422.4025 is hereby amended to read as follows:

      422.4025  1.  The Department shall [, by] :

      (a) By regulation, develop a list of preferred prescription drugs to be used for the Medicaid program [.] and the Children’s Health Insurance Program, and each public or nonprofit health benefit plan that elects to use the list of preferred prescription drugs as its formulary pursuant to NRS 287.0433 or section 28.5 or 33 of this act; and

      (b) Negotiate and enter into agreements to purchase the drugs included on the list of preferred prescription drugs on behalf of the health benefit plans described in paragraph (a) or enter into a contract pursuant to section 31.15 of this act with a pharmacy benefit manager or health maintenance organization, as appropriate, to negotiate such agreements.

      2.  The Department shall, by regulation, establish a list of prescription drugs which must be excluded from any restrictions that are imposed by the Medicaid program on drugs that are on the list of preferred prescription drugs established pursuant to subsection 1. The list established pursuant to this subsection must include, without limitation:

      (a) [Atypical and typical antipsychotic medications that are prescribed for the treatment of a mental illness of a patient who is receiving services pursuant to Medicaid;

      (b)] Prescription drugs that are prescribed for the treatment of the human immunodeficiency virus or acquired immunodeficiency syndrome, including, without limitation, protease inhibitors and antiretroviral medications;

      [(c) Anticonvulsant medications;

      (d)](b) Antirejection medications for organ transplants;

      [(e) Antidiabetic medications;

      (f)](c) Antihemophilic medications; and

      [(g)](d) Any prescription drug which the [Committee] Board identifies as appropriate for exclusion from any restrictions that are imposed by the Medicaid program on drugs that are on the list of preferred prescription drugs.

 


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

ê2019 Statutes of Nevada, Page 4029 (CHAPTER 616, SB 378)ê

 

      3.  The regulations must provide that the [Committee] Board makes the final determination of:

      (a) Whether a class of therapeutic prescription drugs is included on the list of preferred prescription drugs and is excluded from any restrictions that are imposed by the Medicaid program on drugs that are on the list of preferred prescription drugs;

      (b) Which therapeutically equivalent prescription drugs will be reviewed for inclusion on the list of preferred prescription drugs and for exclusion from any restrictions that are imposed by the Medicaid program on drugs that are on the list of preferred prescription drugs; and

      (c) Which prescription drugs should be excluded from any restrictions that are imposed by the Medicaid program on drugs that are on the list of preferred prescription drugs based on continuity of care concerning a specific diagnosis, condition, class of therapeutic prescription drugs or medical specialty.

      4.  The regulations must provide that each new pharmaceutical product and each existing pharmaceutical product for which there is new clinical evidence supporting its inclusion on the list of preferred prescription drugs must be made available pursuant to the Medicaid program with prior authorization until the [Committee] Board reviews the product or the evidence.

      5.  On or before February 1 of each year, the Department shall:

      (a) Compile a report concerning the agreements negotiated pursuant to paragraph (b) of subsection 1 and contracts entered into pursuant to section 31.15 of this act which must include, without limitation, the financial effects of obtaining prescription drugs through those agreements and contracts, in total and aggregated separately for agreements negotiated by the Department, contracts with a pharmacy benefit manager and contracts with a health maintenance organization; and

      (b) Post the report on an Internet website maintained by the Department and submit the report to the Director of the Legislative Counsel Bureau for transmittal to:

             (1) In odd-numbered years, the Legislature; or

             (2) In even-numbered years, the Legislative Commission.

      Sec. 31.45. NRS 422.403 is hereby amended to read as follows:

      422.403  1.  The Department shall, by regulation, establish and manage the use by the Medicaid program of step therapy and prior authorization for prescription drugs.

      2.  The Drug Use Review Board shall:

      (a) Advise the Department concerning the use by the Medicaid program of step therapy and prior authorization for prescription drugs;

      (b) Develop step therapy protocols and prior authorization policies and procedures for use by the Medicaid program for prescription drugs; and

      (c) Review and approve, based on clinical evidence and best clinical practice guidelines and without consideration of the cost of the prescription drugs being considered, step therapy protocols used by the Medicaid program for prescription drugs.

      3.  The Department shall not require the Drug Use Review Board to develop, review or approve prior authorization policies or procedures necessary for the operation of the list of preferred prescription drugs developed [for the Medicaid program] pursuant to NRS 422.4025.

 


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

ê2019 Statutes of Nevada, Page 4030 (CHAPTER 616, SB 378)ê

 

      4.  The Department shall accept recommendations from the Drug Use Review Board as the basis for developing or revising step therapy protocols and prior authorization policies and procedures used by the Medicaid program for prescription drugs.

      Sec. 31.5.(Deleted by amendment.)

      Sec. 31.55. NRS 422.4035 is hereby amended to read as follows:

      422.4035  1.  The Director shall create [a Pharmacy and Therapeutics Committee] the Silver State Scripts Board within the Department. The [Committee] Board must consist of [at least 5] such members [and not more than 11 members] as are appointed by the [Governor based on recommendations from the] Director.

      2.  The [Governor] Director shall appoint to the [Committee] Board health care professionals who have knowledge and expertise in one or more of the following:

      (a) The clinically appropriate prescribing of outpatient prescription drugs that are covered by Medicaid;

      (b) The clinically appropriate dispensing and monitoring of outpatient prescription drugs that are covered by Medicaid;

      (c) The review of, evaluation of and intervention in the use of prescription drugs; and

      (d) Medical quality assurance.

      3.  At least one-third of the members of the [Committee] Board must be active physicians licensed to practice medicine in this State, at least one of whom must be an active psychiatrist licensed to practice medicine in this State. At least one-third of the members of the [Committee] Board must be either active pharmacists registered in this State or persons in this State with doctoral degrees in pharmacy.

      4.  A person must not be appointed to the [Committee] Board if the person is employed by, compensated by in any manner, has a financial interest in, or is otherwise affiliated with a business or corporation that manufactures prescription drugs.

      Sec. 31.6.NRS 422.404 is hereby amended to read as follows:

      422.404  1.  The [Governor] Director shall appoint the Chair of the [Committee] Board from among its members.

      2.  After the initial terms, the term of each member of the [Committee] Board is 2 years. A member may be reappointed.

      3.  A vacancy occurring in the membership of the [Committee] Board must be filled for the remainder of the unexpired term in the same manner as the original appointment.

      4.  The [Committee] Board shall meet at least once every 3 months and at the times and places specified by a call of the Chair of the [Committee.] Board.

      5.  A majority of the members of the [Committee] Board constitutes a quorum for the transaction of business, and the affirmative vote of a majority of the members of the [Committee] Board is required to take action.

      Sec. 31.7.NRS 422.4045 is hereby amended to read as follows:

      422.4045  1.  Members of the [Committee] Board serve without compensation, except that a member of the [Committee] Board is entitled, while engaged in the business of the [Committee,] Board, to receive the per diem allowance and travel expenses provided for state officers and employees generally.

 


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

ê2019 Statutes of Nevada, Page 4031 (CHAPTER 616, SB 378)ê

 

      2.  Each member of the [Committee] Board who is an officer or employee of the State of Nevada or a local government must be relieved from his or her duties without loss of regular compensation so that the person may prepare for and attend meetings of the [Committee] Board and perform any work necessary to carry out the duties of the [Committee] Board in the most timely manner practicable. A state agency or local governmental entity shall not require an officer or employee who is a member of the [Committee] Board to make up the time that the officer or employee is absent from work to carry out any duties as a member of the [Committee] Board or to use annual vacation or compensatory time for the absence.

      Sec. 31.8.NRS 422.405 is hereby amended to read as follows:

      422.405  1.  The Department shall, by regulation, set forth the duties of the [Committee] Board, which must include, without limitation:

      (a) Identifying the prescription drugs which should be included on the list of preferred prescription drugs developed by the Department [for the Medicaid program] pursuant to NRS 422.4025 [and] , which must include, without limitation, any prescription drug required by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services to be covered by the Medicaid program and any other prescription drug deemed essential by the Board;

      (b) Identifying the prescription drugs which should be excluded from any restrictions that are imposed by the Medicaid program on drugs that are on the list of preferred prescription drugs;

      [(b)](c) Identifying classes of therapeutic prescription drugs for its review and performing a clinical analysis of each drug included in each class that is identified for review; and

      [(c)](d) Reviewing at least annually all classes of therapeutic prescription drugs on the list of preferred prescription drugs developed by the Department [for the Medicaid program] pursuant to NRS 422.4025.

      2.  The Department shall, by regulation, require the [Committee] Board to:

      (a) Base its decisions on evidence of clinical efficacy, [and] safety [without consideration of the cost of the prescription drugs being considered by the Committee;] and outcomes for patients and, if the difference between the clinical efficacy, safety and outcomes for two or more drugs is not clinically significant, cost;

      (b) Review new pharmaceutical products in as expeditious a manner as possible; and

      (c) Consider new clinical evidence supporting the inclusion of an existing pharmaceutical product on the list of preferred prescription drugs developed by the Department [for the Medicaid program] and new clinical evidence supporting the exclusion of an existing pharmaceutical product from any restrictions that are imposed by the Medicaid program on drugs that are on the list of preferred prescription drugs in as expeditious a manner as possible.

      3.  The Department shall, by regulation, authorize the [Committee] Board to:

      (a) In carrying out its duties, exercise clinical judgment and analyze peer review articles, published studies, and other medical and scientific information; and

      (b) Establish subcommittees to analyze specific issues that arise as the [Committee] Board carries out its duties.

 


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

ê2019 Statutes of Nevada, Page 4032 (CHAPTER 616, SB 378)ê

 

      4.  The Board may close any portion of a meeting during which it considers the cost of prescription drugs.

      Sec. 31.9.NRS 422.406 is hereby amended to read as follows:

      422.406  1.  The Department may, to carry out its duties set forth in NRS 422.27172 to 422.27178, inclusive, and 422.401 to 422.406, inclusive, and sections 31.05 to 31.2, inclusive, of this act and to administer the provisions of those sections:

      (a) Adopt regulations; and

      (b) Enter into contracts for any services.

      2.  Any regulations adopted by the Department pursuant to NRS 422.27172 to 422.27178, inclusive, and 422.401 to 422.406, inclusive, and sections 31.05 to 31.2, inclusive, of this act must be adopted in accordance with the provisions of chapter 241 of NRS.

      Sec. 32. (Deleted by amendment.)

      Sec. 32.5. NRS 683A.178 is hereby amended to read as follows:

      683A.178  1.  A pharmacy benefit manager has [a fiduciary duty to] an obligation of good faith and fair dealing toward a third party [with] or pharmacy when performing duties pursuant to a contract to which the pharmacy benefit manager [has entered into a contract to manage the pharmacy benefits plan of the third party and] is a party. Any provision of a contract that waives or limits that obligation is against public policy, void and unenforceable.

      2.  A pharmacy benefit manager shall notify [the] a third party with which it has entered into a contract in writing of any activity, policy or practice of the pharmacy benefit manager that presents a conflict of interest that interferes with the [ability of the pharmacy benefit manager to discharge that fiduciary duty.] obligations imposed by subsection 1.

      Sec. 33. Chapter 687B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A nonprofit health benefit plan may use the list of preferred prescription drugs developed by the Department of Health and Human Services pursuant to subsection 1 of NRS 422.4025 as its formulary and obtain prescription drugs through the purchasing agreements negotiated by the Department pursuant to that section by notifying the Department in the form prescribed by the Department.

      2.  As used in this section “health benefit plan” has the meaning ascribed to it in section 31.05 of this act.

      Secs. 34-39. (Deleted by amendment.)

      Sec. 39.5. 1.  Notwithstanding any other provision of law, the terms of the members appointed to the Pharmacy and Therapeutics Committee established pursuant to NRS 422.4035, as that section exists on June 30, 2019, expire on that date.

      2.  The Director of the Department of Health and Human Services may appoint to the Silver State Scripts Board established pursuant to NRS 422.4035, as amended by section 31.55 of this act, a person who served as a member of the Pharmacy and Therapeutics Committee established pursuant to NRS 422.4035, as that section exists on June 30, 2019.

      Sec. 40.  The amendatory provisions of sections 31.15 and 31.2 of this act do not apply to any contract or other agreement entered into before January 1, 2020, but apply to the renewal of any such contract or other agreement and to any contract or other agreement entered into or renewed on or after January 1, 2020.

 


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

ê2019 Statutes of Nevada, Page 4033 (CHAPTER 616, SB 378)ê

 

      Sec. 41.  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. 42.  This act becomes effective:

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

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

________

CHAPTER 617, AB 317

Assembly Bill No. 317–Assemblywoman Carlton

 

CHAPTER 617

 

[Approved: June 14, 2019]

 

AN ACT relating to health care; requiring an off-campus location of a hospital to obtain a distinct national provider identifier; revising provisions governing approval to operate a center for the treatment of trauma; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing federal regulations require each provider of health care, including a hospital, to obtain a national provider identifier from the National Provider System. (45 C.F.R. § 162.410) Section 1.2 of this bill requires each off-campus location of a hospital that provides ambulatory surgery, urgent care or emergency room services to obtain a national provider identifier that is distinct from the national provider identifier used by the main location and any other off-campus locations of the hospital. Sections 1.4-6.5 and 8.5 of this bill make conforming changes.

      Existing law requires a person to obtain the approval of the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services and, if the hospital is located in a county whose population is 700,000 or more, the district board of health, before operating a center for the treatment of trauma. (NRS 450B.236, 450B.237) Section 8 of this bill requires a proposal to establish a center for the treatment of trauma to be approved by the Administrator before the district board of health may approve the proposal. Section 8 also prescribes criteria for such approval related to ensuring that the proposed center will not negatively impact existing capacity to treat trauma in the county.

 

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

      1.  Each off-campus location of a hospital must obtain and use on all claims for reimbursement or payment for health care services provided at the location a national provider identifier that is distinct from the national provider identifier used by the main campus and any other off-campus location of the hospital.

      2.  As used in this section:

 


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

ê2019 Statutes of Nevada, Page 4034 (CHAPTER 617, AB 317)ê

 

      (a) “National provider identifier” means the standard, unique health identifier for health care providers that is issued by the national provider system in accordance with 45 C.F.R. Part 162.

      (b) “Off-campus location” means a facility:

             (1) With operations that are directly or indirectly owned or controlled by, in whole or in part, a hospital or which is affiliated with a hospital, regardless of whether it is operated by the same governing body as the hospital;

             (2) That is located more than 250 yards from the main campus of the hospital;

             (3) That provides services which are organizationally and functionally integrated with the hospital; and

            (4) That is an outpatient facility providing ambulatory surgery, urgent care or emergency room services.

      Sec. 1.4. NRS 449.029 is hereby amended to read as follows:

      449.029  As used in NRS 449.029 to 449.240, inclusive, and section 1.2 of this act, unless the context otherwise requires, “medical facility” has the meaning ascribed to it in NRS 449.0151 and includes a program of hospice care described in NRS 449.196.

      Sec. 1.6. NRS 449.0301 is hereby amended to read as follows:

      449.0301  The provisions of NRS 449.029 to 449.2428, inclusive, and section 1.2 of this act do not apply to:

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

      2.  Foster homes as defined in NRS 424.014.

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

      Sec. 1.8. NRS 449.0302 is hereby amended to read as follows:

      449.0302  1.  The Board shall adopt:

      (a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.029 to 449.2428, inclusive, and section 1.2 of this act and for programs of hospice care.

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

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

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

      (e) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.029 to 449.2428, inclusive [.] , and section 1.2 of this act.

 


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

ê2019 Statutes of Nevada, Page 4035 (CHAPTER 617, AB 317)ê

 

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

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

      (b) Residential facilities for groups,

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

      3.  The Board shall adopt separate regulations for:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 


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

ê2019 Statutes of Nevada, Page 4036 (CHAPTER 617, AB 317)ê

 

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

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

             (2) Contain a sleeping area or bedroom; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 


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

ê2019 Statutes of Nevada, Page 4037 (CHAPTER 617, AB 317)ê

 

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

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

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

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

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

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

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

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

      Secs. 2-4. (Deleted by amendment.)

      Sec. 4.3. NRS 449.160 is hereby amended to read as follows:

      449.160  1.  The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.029 to 449.2428, inclusive, and section 1.2 of this act upon any of the following grounds:

      (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.029 to 449.245, inclusive, and section 1.2 of this act or of any other law of this State or of the standards, rules and regulations adopted thereunder.

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

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

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

      (e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and section 1.2 of this act and 449.435 to 449.531, inclusive, and chapter 449A of NRS if such approval is required.

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

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

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

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

 


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

ê2019 Statutes of Nevada, Page 4038 (CHAPTER 617, AB 317)ê

 

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

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

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

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

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

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

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

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

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

      Sec. 4.6. NRS 449.163 is hereby amended to read as follows:

      449.163  1.  In addition to the payment of the amount required by NRS 449.0308, if a medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and section 1.2 of this act, or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:

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

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

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

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

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

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

             (2) Improvements are made to correct the violation.

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

 


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

ê2019 Statutes of Nevada, Page 4039 (CHAPTER 617, AB 317)ê

 

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

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

      3.  The Division may require any facility that violates any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and section 1.2 of this act or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.

      4.  Any money collected as administrative penalties pursuant to paragraph (d) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and section 1.2 of this act, 449.435 to 449.531, inclusive, and chapter 449A of NRS to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards or for any other purpose authorized by the Legislature.

      Secs. 5 and 6. (Deleted by amendment.)

      Sec. 6.5.NRS 449.240 is hereby amended to read as follows:

      449.240  The district attorney of the county in which the facility is located shall, upon application by the Division, institute and conduct the prosecution of any action for violation of any provisions of NRS 449.029 to 449.245, inclusive [.] , and section 1.2 of this act.

      Sec. 7. (Deleted by amendment.)

      Sec. 8. NRS 450B.237 is hereby amended to read as follows:

      450B.237  1.  The board shall establish a program for treating persons who require treatment for trauma and for transporting and admitting such persons to centers for the treatment of trauma. The program must provide for the development, operation and maintenance of a system of communication to be used in transporting such persons to the appropriate centers.

      2.  The State Board of Health shall adopt regulations which establish the standards for the designation of hospitals as centers for the treatment of trauma. The State Board of Health shall consider the standards adopted by the American College of Surgeons for a center for the treatment of trauma as a guide for such regulations. The Administrator of the Division shall not approve a proposal to designate a hospital as a center for the treatment of trauma unless [the] :

      (a) The hospital meets the standards established pursuant to this subsection [.] ; and

      (b) The Administrator determines, after conducting a comprehensive assessment of needs, that the proposed center for the treatment of trauma will operate in an area that is experiencing a shortage of trauma care. Such an assessment of needs must include, without limitation, consideration of:

             (1) The impact of the proposed center for the treatment of trauma on the capacity of existing hospitals to provide for the treatment of trauma;

             (2) The number and locations of cases of trauma that have occurred during the previous 5 calendar years in the county in which the proposed center for the treatment of trauma will be located and the level of treatment that was required for those cases;

             (3) Any identified need for an additional center for the treatment of trauma in the county in which the proposed center for the treatment of trauma will be located; and

 


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

ê2019 Statutes of Nevada, Page 4040 (CHAPTER 617, AB 317)ê

 

             (4) Any additional criteria recommended by the American College of Surgeons or its successor organization, other than criteria related to community support for the proposed trauma center.

      3.  Each district board of health in a county whose population is 700,000 or more shall adopt [regulations] :

      (a) Regulations which establish the standards for the designation of hospitals in the county as centers for the treatment of trauma which are consistent with the regulations adopted by the State Board of Health pursuant to subsection 2 [.] ; and

      (b) A plan for a comprehensive trauma system concerning the treatment of trauma in the county, which includes, without limitation, consideration of the future trauma needs of the county, consideration of and plans for the development and designation of new centers for the treatment of trauma in the county based on the demographics of the county and the manner in which the county may most effectively provide trauma services to persons in the county.

      4.  A district board of health in a county whose population is 700,000 or more shall not approve a proposal to designate a hospital as a center for the treatment of trauma unless [the] :

      (a) The hospital meets the standards established pursuant to [this] subsection [.

      4.  A proposal to designate a hospital located in a county whose population is 700,000 or more as a center for the treatment of trauma:

      (a) Must be approved by the Administrator of the Division and by the district board of health of the county in which the hospital is located; and

      (b) May not be approved unless the district board of health of the county in which the hospital is located has established and adopted a comprehensive trauma system plan concerning the treatment of trauma in the county, which includes, without limitation, consideration of the future trauma needs of the county, consideration of and plans for the development and designation of new centers for the treatment of trauma in the county based on the demographics of the county and the manner in which the county may most effectively provide trauma services to persons in the county.] 3;

      (b) The proposal has been approved by the Administrator of the Division pursuant to subsection 2; and

      (c) The district board of health concludes, based on the plan adopted pursuant to paragraph (b) of subsection 3, that the proposed center for the treatment of trauma will not negatively impact the capacity of existing centers for the treatment of trauma in the county.

      5.  Upon approval by the Administrator of the Division and, if the hospital is located in a county whose population is 700,000 or more, the district board of health of the county in which the hospital is located, of a proposal to designate a hospital as a center for the treatment of trauma, the Administrator of the Division shall issue written approval which designates the hospital as such a center. As a condition of continuing designation of the hospital as a center for the treatment of trauma, the hospital must comply with the following requirements:

      (a) The hospital must admit any injured person who requires medical care.

      (b) Any physician who provides treatment for trauma must be qualified to provide that treatment.

 


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

ê2019 Statutes of Nevada, Page 4041 (CHAPTER 617, AB 317)ê

 

      (c) The hospital must maintain the standards specified in the regulations adopted pursuant to subsections 2 and 3.

      Sec. 8.5. NRS 654.190 is hereby amended to read as follows:

      654.190  1.  The Board may, after notice and an opportunity for a hearing as required by law, impose an administrative fine of not more than $10,000 for each violation on, recover reasonable investigative fees and costs incurred from, suspend, revoke, deny the issuance or renewal of or place conditions on the license of, and place on probation or impose any combination of the foregoing on any licensee who:

      (a) Is convicted of a felony relating to the practice of administering a nursing facility or residential facility or of any offense involving moral turpitude.

      (b) Has obtained his or her license by the use of fraud or deceit.

      (c) Violates any of the provisions of this chapter.

      (d) Aids or abets any person in the violation of any of the provisions of NRS 449.029 to 449.2428, inclusive, and section 1.2 of this act as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.

      (e) Violates any regulation of the Board prescribing additional standards of conduct for licensees, including, without limitation, a code of ethics.

      (f) Engages in conduct that violates the trust of a patient or resident or exploits the relationship between the licensee and the patient or resident for the financial or other gain of the licensee.

      2.  If a licensee requests a hearing pursuant to subsection 1, the Board shall give the licensee written notice of a hearing pursuant to NRS 233B.121 and 241.034. A licensee may waive, in writing, his or her right to attend the hearing.

      3.  The Board may compel the attendance of witnesses or the production of documents or objects by subpoena. The Board may adopt regulations that set forth a procedure pursuant to which the Chair of the Board may issue subpoenas on behalf of the Board. Any person who is subpoenaed pursuant to this subsection may request the Board to modify the terms of the subpoena or grant additional time for compliance.

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

      5.  The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

      Sec. 9.  This act becomes effective on July 1, 2019.

________

 


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

ê2019 Statutes of Nevada, Page 4042ê

 

CHAPTER 618, AB 361

Assembly Bill No. 361–Assemblywoman Carlton

 

CHAPTER 618

 

[Approved: June 14, 2019]

 

AN ACT relating to the practice of medicine; revising provisions relating to a physician or osteopathic physician who is supervising medical students; revising provisions relating to certain inspections of medical premises which the Board of Medical Examiners or the State Board of Osteopathic Medicine is authorized to conduct; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law a physician or osteopathic physician shall not allow a person to perform or participate in any activity under the supervision of the physician for the purpose of receiving credit toward certain medical degrees unless the person is enrolled in good standing at one of certain accredited medical schools. There is an exception for such an activity which takes place in a primary care practice that is located in a health professional shortage area and under certain circumstances. (NRS 630.3745, 633.6955) Sections 1 and 2.5 of this bill provide that a physician or osteopathic physician who violates this existing law is subject to a civil penalty of not more than $10,000 for each violation, provided that an action to enforce the civil penalty is brought not later than 2 years after the date of the last such violation.

      Existing law authorizes any member or agent of the Board of Medical Examiners to enter any premises in this State where a licensee under the authority of the Board practices, and to perform an inspection to determine if any violations of relevant law have occurred. (NRS 630.395) Similar authorization is provided for any member or agent of the State Board of Osteopathic Medicine. (NRS 633.512) Section 2 of this bill adds, as an example of such a violation for which the premises may be inspected, a violation of the provisions of section 1 regarding a physician who supervises a person who is enrolled in an accredited medical school. Section 2.3 of this bill adds a similar provision pertaining to the premises of an osteopathic physician and a violation of the provisions of section 2.5 by an osteopathic physician.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 630.3745 is hereby amended to read as follows:

      630.3745  1.  Except as otherwise provided in subsection 2, a physician shall not allow a person to perform or participate in any activity under the supervision of the physician for the purpose of receiving credit toward a degree of doctor of medicine, osteopathy or osteopathic medicine, including, without limitation, clinical observation and contact with patients, unless the person is enrolled in good standing at:

      (a) A medical school that is accredited by the Liaison Committee on Medical Education of the American Medical Association and the Association of American Medical Colleges or their successor organizations; or

      (b) A school of osteopathic medicine, as defined in NRS 633.121.

 


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

ê2019 Statutes of Nevada, Page 4043 (CHAPTER 618, AB 361)ê

 

      2.  The provisions of subsection 1 do not apply to a physician who supervises an activity performed by a person for the purpose of receiving credit toward a degree of doctor of medicine, osteopathy or osteopathic medicine if:

      (a) The activity takes place:

             (1) In a primary care practice that is located in an area that has been designated by the United States Secretary of Health and Human Services as a health professional shortage area pursuant to 42 U.S.C. § 254e; and

             (2) Entirely under the supervision of the physician; and

      (b) The physician is not currently supervising any other person who is receiving credit toward a degree of doctor of medicine, osteopathy or osteopathic medicine.

      3.  A physician who violates the provisions of this section is subject to a civil penalty of not more than $10,000 for each violation. The Attorney General or any district attorney of this State may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.

      4.  Any action brought under this section must be brought not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought.

      5.  As used in this section, “primary care practice” means a health care practice operated by one or more physicians who practice in the area of family medicine, internal medicine or pediatrics.

      Sec. 2. NRS 630.395 is hereby amended to read as follows:

      630.395  Any member or agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter practices medicine, perfusion or respiratory care and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation [, an] :

      1.  An inspection to determine whether any person at the premises is practicing medicine, perfusion or respiratory care without the appropriate license issued pursuant to the provisions of this chapter [.] ; or

      2.  An inspection to determine whether any physician is allowing a person to perform or participate in any activity under the supervision of the physician for the purpose of receiving credit toward a degree of doctor of medicine, osteopathy or osteopathic medicine in violation of the provisions of NRS 630.3745.

      Sec. 2.3. NRS 633.512 is hereby amended to read as follows:

      633.512  Any member or agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter practices osteopathic medicine or as a physician assistant and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation [, an] :

      1.  An inspection to determine whether any person at the premises is practicing osteopathic medicine or as a physician assistant without the appropriate license issued pursuant to the provisions of this chapter [.] ; or

      2.  An inspection to determine whether any osteopathic physician is allowing a person to perform or participate in any activity under the supervision of the osteopathic physician for the purpose of receiving credit toward a degree of doctor of medicine, osteopathy or osteopathic medicine in violation of NRS 633.6955.

 


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

ê2019 Statutes of Nevada, Page 4044 (CHAPTER 618, AB 361)ê

 

      Sec. 2.5. NRS 633.6955 is hereby amended to read as follows:

      633.6955  1.  Except as otherwise provided in subsection 2, an osteopathic physician shall not allow a person to perform or participate in any activity under the supervision of the osteopathic physician for the purpose of receiving credit toward a degree of doctor of medicine, osteopathy or osteopathic medicine, including, without limitation, clinical observation and contact with patients, unless the person is enrolled in good standing at:

      (a) A medical school that is accredited by the Liaison Committee on Medical Education of the American Medical Association and the Association of American Medical Colleges or their successor organizations; or

      (b) A school of osteopathic medicine.

      2.  The provisions of subsection 1 do not apply to an osteopathic physician who supervises an activity performed by a person for the purpose of receiving credit toward a degree of doctor of medicine, osteopathy or osteopathic medicine if:

      (a) The activity takes place:

             (1) In a primary care practice that is located in an area that has been designated by the United States Secretary of Health and Human Services as a health professional shortage area pursuant to 42 U.S.C. § 254e; and

             (2) Entirely under the supervision of the osteopathic physician; and

      (b) The osteopathic physician is not currently supervising any other person who is receiving credit toward a degree of doctor of medicine, osteopathy or osteopathic medicine.

      3.  An osteopathic physician who violates the provisions of this section is subject to a civil penalty of not more than $10,000 for each violation. The Attorney General or any district attorney of this State may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.

      4.  Any action brought under this section must be brought not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought.

      5.  As used in this section, “primary care practice” means a health care practice operated by one or more physicians who practice in the area of family medicine, internal medicine or pediatrics.

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

________

 


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

ê2019 Statutes of Nevada, Page 4045ê

 

CHAPTER 619, AB 345

Assembly Bill No. 345–Assemblymen Frierson, Benitez-Thompson, Jauregui and Yeager

 

CHAPTER 619

 

[Approved: June 14, 2019]

 

AN ACT relating to elections; authorizing each county and city clerk to establish polling places where any registered voter of the county or city, respectively, may vote in person on the day of certain elections; authorizing an elector to register to vote during certain periods before and on the day of certain elections and setting forth the requirements for such registration; requiring the Secretary of State to establish a system for voter registration on the Internet website of the Secretary of State and setting forth certain requirements for that system; requiring the Department of Motor Vehicles to provide a form to decline voter registration or indicate a political party affiliation after concluding certain transactions with the Department; requiring a county clerk to reject certain applications to register to vote that are automatically transmitted to the county clerk by the Department of Motor Vehicles; revising requirements to publish certain information relating to elections in a newspaper; revising certain provisions relating to a student trainee serving as election board officer; requiring a provisional ballot to include all offices, candidates and measures upon which the person casting the provisional ballot would be entitled to vote if he or she were casting a regular ballot; revising certain deadlines related to absent ballots; authorizing a registered voter to request an absentee ballot for all elections; revising certain other requirements for absent ballots; revising the hours for early voting; authorizing county and city clerks to extend the hours for early voting after the hours have been published; establishing certain protections for private property owners who rent private property for use as a polling place; establishing certain requirements for the database of the Department of Motor Vehicles relating to processing and verifying voter registration information; making appropriations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under the Nevada Constitution, a person must be a qualified elector in order to be a registered voter. (Nev. Const. Art. 2, §§ 1, 6) Under Nevada’s elections laws, a person who is a qualified elector and meets certain statutory requirements may register to vote, and a person who is at least 17 years but less than 18 years of age and meets certain statutory requirements may preregister to vote. Within a certain period after such a person registers or preregisters to vote and is deemed to be a registered voter, the person must be issued a voter registration card that contains certain registration information. (NRS 293.485, 293.4855, 293.517)

      Section 1.5 of this bill defines the term “voter registration card” for the purposes of Nevada’s elections laws, and section 1.7 of this bill lists the information that must be contained in the voter registration card under existing law. In addition, section 1.7 clarifies that if a person is qualified to register to vote for an election and has properly completed any authorized method to register to vote for the election, the issuance of a voter registration card to the person is not a prerequisite to vote in the election.

 


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

ê2019 Statutes of Nevada, Page 4046 (CHAPTER 619, AB 345)ê

 

Similarly, section 56 of this bill also clarifies that once a person who preregisters to vote is deemed to be a registered voter, the issuance of a voter registration card to the person is not a prerequisite to vote in an election.

      Existing law requires the county clerk to establish the boundaries of election precincts and authorizes election precincts to be combined into election districts. (NRS 293.205-293.209) Existing law prohibits a person from applying for or receiving a ballot at any election precinct or district other than the one at which the person is entitled to vote. (NRS 293.730) Section 2 of this bill authorizes the county clerk to establish one or more polling places in the county where any person entitled to vote in the county by personal appearance may do so on the day of a primary or general election. Section 3 of this bill requires the county clerk to publicize the location of such polling places. Section 4 of this bill requires the county clerk to prepare a roster of registered voters in the county for any such polling place. Section 5 of this bill sets forth the procedure for a person to vote in person at any such polling place. Sections 73-76 of this bill set forth corresponding provisions authorizing the city clerks to establish polling places where any person who is entitled to vote in the city by personal appearance may do so on the day of the primary city or general city election.

      Existing law sets forth deadlines for registering to vote by mail, computer or appearing in person at the office of the county or city clerk. (NRS 293.560, 293C.527) The last day to register to vote for a primary election, primary city election, general election or general city election: (1) by mail is the fourth Tuesday preceding the election; (2) by appearing in person at the office of the county or city clerk, as applicable, is the third Tuesday preceding the election; and (3) by computer is the Thursday preceding the first day of the period for early voting for the election. Sections 5.1-9.8, 64 and 105 of this bill revise these deadlines and authorize additional methods and times for voter registration for a primary election, primary city election, general election or general city election.

      Section 6 of this bill provides that: (1) through the Thursday preceding the election, an elector may register to vote by computer using the online registration system provided on the website of the Office of the Secretary of State; and (2) after such online registration, the elector may appear and vote in person at a polling place during the period for early voting or on election day under certain circumstances. Section 6 further provides that the elector must vote by casting a provisional ballot for all offices, candidates and measures on the ballot, except that the elector is entitled to cast a regular ballot if it is verified, at the time of voting, that the elector is qualified to cast a regular ballot in the election.

      In addition to other methods of registration and notwithstanding the close of registration under other provisions of law, sections 8 and 9 of this bill authorize an elector to register to vote in person at a polling place during the period for early voting or on the day of the election and to vote on the same day as the registration under certain circumstances. Sections 8 and 9 also direct the county or city clerk to authorize one or more of the following methods of registration at the polling place: (1) a paper application; (2) a computer system established for the county; or (3) the Secretary of State’s online system. However, sections 8 and 9 permit the county or city clerk to limit the use of a particular method, such as a paper application, to circumstances when another method is not reasonably available.

      To register and vote in person on the same day under sections 8 and 9, an elector must appear at a polling place, complete an application to register to vote by computer or another authorized method at the polling place and provide proof of identity and residence. Upon completion of the application and verification of identity and residence, the elector: (1) is deemed to be conditionally registered to vote and may vote in that election only at the polling place at which he or she registered to vote; and (2) must vote by casting a provisional ballot for all offices, candidates, questions and measures on the ballot. However, under section 8, the elector is entitled to cast a regular ballot during the period for early voting if it is verified, at the time of voting, that the elector is qualified to cast a regular ballot in the election.

 


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

ê2019 Statutes of Nevada, Page 4047 (CHAPTER 619, AB 345)ê

 

      Sections 6, 8, 9 and 9.4 of this bill provide that, if the elector casts a provisional ballot, it will be counted only after final verification to determine whether the elector was qualified to register to vote and to cast the ballot in the election. Section 9.6 of this bill provides that the county or city clerk: (1) shall not include any provisional ballot in the unofficial results reported on election night; and (2) beginning on the day following the election, shall regularly report the results of the counting of the provisional ballots until such counting is completed. Section 9.8 of this bill directs the Secretary of State to establish a system, such as a toll-free telephone number or an Internet website, to inform an elector who cast a provisional ballot whether or not the ballot was counted and, if not, the reason why the ballot was not counted. Section 148.8 of this bill makes an appropriation for the costs of implementing this bill.

      With regard to other methods of voter registration, sections 64 and 105 of this bill change the deadline for registering in person at the offices of the county or city clerk to the fourth Tuesday preceding the election, which is the same deadline for registering by mail. Sections 64 and 105 also eliminate the existing requirement that certain offices of the county or city clerk remain open for extended office hours during the last days before the deadline to register in person at those offices.

      Under existing law, a registered voter may use an application to register to vote to correct his or her voter registration information. (NRS 293.5235) Section 5.9 of this bill allows a registered voter, after the close of registration, to use certain authorized methods to update his or her voter registration information. Section 5.9 also authorizes the county or city clerk to require the voter to cast a provisional ballot if any circumstances exist that give the clerk reasonable cause to believe that the use of a provisional ballot is necessary to provide sufficient time to verify and determine whether the voter is eligible to cast the ballot in the election based on his or her updated voter registration information.

      Under existing law and various city charters, the Legislature has provided that city elections are governed by Nevada’s elections laws, so far as those laws can be made applicable and are not inconsistent with the city charters. (NRS 293.126, 293C.110) To ensure statewide uniformity and consistency in the application of sections 5.1-9.8 regarding voter registration, sections 5.7, 15.5, 82, 117, 118, 120, 123, 125, 128, 131, 134, 137, 140, 143, 145 and 147 of this bill amend existing law and the applicable city charters to provide that sections 5.1-9.8 apply to city elections and supersede and preempt any conflicting provisions of the city charters.

      Under existing law, the Secretary of State serves as the Chief Officer of Elections and is responsible for the execution and enforcement of state and federal law relating to Nevada’s elections. (NRS 293.124) Section 11 of this bill requires the Secretary of State to establish an online system for voter registration on the Internet website of the Office of the Secretary of State and sets forth certain requirements for the online system. Section 148.6 of this bill makes an appropriation to the Secretary of State for the purposes of implementing and operating the online system and verifying voter registration information.

      At the 2018 general election, the voters approved Ballot Question No. 5, also known as the Automatic Voter Registration Initiative, which requires the Department of Motor Vehicles to: (1) establish a system for the secure electronic storage and transmission of voter registration information obtained from a person who applies for the issuance or renewal of or a change of address on any driver’s license or identification card; (2) collect certain voter registration information from the person, unless he or she affirmatively declines to apply to register to vote; and (3) transmit that information to the county clerk of the county in which the person resides to register that person to vote or update his or her voter registration information. (2018 Ballot Question No. 5, Automatic Voter Registration Initiative)

      In carrying out its duties regarding voter registration, section 12 of this bill requires the Department to provide a person with a form that allows the person to: (1) affirmatively decline to be registered to vote or have his or her voter registration updated; and (2) indicate a political party affiliation. The form also must inform the person that he or she may return the form immediately after his or her transaction with the Department to a secured container within the Department or update his or her voter registration information using the Secretary of State’s online system.

 


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

ê2019 Statutes of Nevada, Page 4048 (CHAPTER 619, AB 345)ê

 

her voter registration information using the Secretary of State’s online system. Section 12 further provides that if a person fails to return the form at the end of his or her transaction with the Department, that person will be deemed to have consented to the transmission of his or her voter registration information, and the Department will transmit that information to the county clerk who will list the person’s political party as nonpartisan under certain circumstances. Sections 148.4 and 148.5 of this bill make appropriations to the Department for the purposes of carrying out its duties regarding voter registration.

      After receiving the voter registration information transmitted by the Department, section 13 of this bill provides that the county clerk must review the information to determine whether the person is eligible to register to vote. If the county clerk determines the person is not eligible to register to vote, section 13 provides that the voter registration information shall be deemed not to be a complete application to register to vote and that person shall be deemed not to have applied to register to vote.

      Existing law requires the county and city clerk to publish certain information relating to a primary election or general election in a newspaper of general circulation. (NRS 293.203, 293.253, 293C.187) Sections 20, 85 and 112 of this bill remove the requirement for the county and city clerk to publish the names of the candidates and offices to which the candidates seek nomination or election. Section 23 of this bill removes the additional requirement for the county clerk to publish a condensation of any statewide measure and its explanation, arguments, rebuttals and fiscal note.

      Existing law prohibits the county or city clerk from assigning more than one student trainee to serve as an election board officer to any one polling place. (NRS 293.2175, 293.227, 293C.222) Sections 21, 21.5 and 86 of this bill remove that prohibition so that more than one student trainee may be assigned to a polling place.

      Existing federal law requires states to allow certain registered voters to cast provisional ballots in special circumstances to ensure that the voters facing those circumstances are not unfairly denied the right to vote. (Section 302 of the Help America Vote Act of 2002, 52 U.S.C. § 21082) To comply with federal law, existing Nevada law authorizes a person to cast a provisional ballot if the person completes a written affirmation and: (1) declares that he or she is registered to vote and is eligible to vote in the election in the jurisdiction but his or her name does not appear on the voter registration list; (2) has registered to vote by mail or computer, has not voted in an election for federal office in this State and fails to provide identification to an election board officer at the polling place; or (3) declares that he or she is entitled to vote after the polling place would close as a result of certain court orders. A provisional ballot allows the person casting it to vote only for candidates for federal office. After the election, provisional ballots are kept separate from regular ballots and are only counted towards the result of the election under certain circumstances. (NRS 293.3081-293.3085) Sections 10.3 and 37-39 of this bill ensure that the provisions governing provisional ballots subject to the federal requirements are kept separate in Nevada’s elections laws from the provisions governing provisional ballots cast under sections 5.1-9.8. However, sections 5.8 and 10.6 of this bill ensure that both types of provisional ballots include all offices, candidates and measures on which the person who is casting the provisional ballot would be entitled to vote if he or she were casting a regular ballot.

      Existing law requires a person who will distribute forms to request absent ballots to provide written notice to the county or city clerk within 14 days of distributing the forms and mail the forms not later than 21 days before the election. (NRS 293.3095, 293C.306) Sections 42 and 93 of this bill revise the time periods to require the person to provide notice to the county or city clerk within 28 days of distributing the forms and to mail the forms not later than 35 days before an election.

      Existing law requires a registered voter, with limited exceptions, to request an absent ballot by 5 p.m. on the seventh calendar day preceding a primary, primary city, general or general city election. (NRS 293.313, 293C.310) Sections 43 and 94 of this bill revise the deadline to require a person to request an absent ballot by 5 p.m. on the 14th day preceding an election.

 


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

ê2019 Statutes of Nevada, Page 4049 (CHAPTER 619, AB 345)ê

 

      Existing law authorizes a registered voter with a physical disability or who is at least 65 years of age to submit a written request to the county or city clerk to receive an absent ballot for all elections at which the registered voter is eligible to vote. (NRS 293.3165, 293C.318) Sections 44 and 95 of this bill instead provide that any registered voter may submit a written request to receive an absent ballot for all elections at which the registered voter is eligible to vote.

      Existing law requires that an absent ballot be received by the county or city clerk by the time the polls close on the day of an election. (NRS 293.317) Sections 45 and 76.5 of this bill instead provide that an absent ballot must be: (1) delivered by hand to the county or city clerk by the time set for the closing of the polls; or (2) mailed to the county or city clerk and postmarked on or before the day of an election and also received by the county or city clerk within the period for the counting of absent ballots, which continues through the seventh day following the election.

      Existing law establishes a process for the county or city clerk to follow upon receiving an absent ballot from a registered voter. (NRS 293.325, 293C.325) Sections 46 and 96 of this bill revise this process to require the county or city clerk to check the signature on the envelope of an absent ballot against all signatures of the voter in the records of the clerk, and if two employees of the office of the clerk question whether the signature matches, the county or city clerk must contact the voter to ask whether it is the signature of the voter. Sections 46 and 96 further require the county or city clerk to contact a voter who has neglected to sign the return envelope of an absent ballot.

      Existing law requires a permanent polling place for early voting by personal appearance at a primary or general election to remain open: (1) on Monday through Friday during the first week of early voting, from 8 a.m. to 6 p.m.; (2) on Monday through Friday during the second week of early voting, from 8 a.m. to 6 p.m. or 8 p.m.; and (3) on any Saturday during early voting, for at least 4 hours between 10 a.m. to 6 p.m. (NRS 293.3568, 293C.3568) Sections 49 and 101 of this bill revise the hours a polling place must remain open during the period for early voting: (1) on Monday through Friday during early voting, for at least 8 hours during such times as the county or city clerk may establish; and (2) on any Saturday during early voting, for at least 4 hours during such times as the county or city clerk may establish.

      Existing law requires the county or city clerk to publish the dates and hours that early voting will be conducted at each permanent and temporary polling place for early voting. (NRS 293.3576, 293C.3576) Sections 50 and 102 of this bill provide that the county or city clerk may extend the hours that early voting will be conducted after the hours have been published.

      Existing law authorizes the county or city clerk to rent privately owned locations to be designated as a polling place on election day. (NRS 293.437) Section 52.6 of this bill provides that the legal rights and remedies of the owner or lessor of the private property to be rented as a location to be used as a polling place are not impaired or affected by renting the property.

      Existing law requires the Secretary of State to establish and maintain an official statewide voter registration list, which, among other requirements, must be coordinated with the databases of the Department of Motor Vehicles. (NRS 293.675) Section 69 of this bill: (1) requires the Department to ensure that its database is capable of processing any information related to an application to register to vote, an application to update voter registration information or a request to verify the accuracy of voter registration information as quickly as feasible; and (2) prohibits the Department from limiting the number of applications or requests to verify the accuracy of voter registration information that may be processed by the database in any given day.

      Existing law provides that the counties and certain cities must complete the canvass of the election returns in the county or city, respectively, on or before the sixth working day following the election. (NRS 293.387, 293.393, 293C.387) However, various city charters set different periods for certain cities to complete the canvass of the election returns following the election.

 


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

ê2019 Statutes of Nevada, Page 4050 (CHAPTER 619, AB 345)ê

 

canvass of the election returns following the election. Sections 52.2, 52.4, 104.5, 116, 119, 121, 124, 126, 129, 132, 135, 138, 141, 144 and 148 of this bill provide that all counties and cities must complete the canvass of the election returns on or before the 10th day following the election.

      Under the Nevada Constitution and existing statutes, persons who circulate initiative and referendum petitions proposing changes in the law are required to submit the petitions to the county clerks by certain deadlines, so the clerks can verify whether the petitions have a sufficient number of valid signatures to qualify for the ballot. (Nev. Const. Art. 19, §§ 1, 2; NRS 295.056) Section 112.2 of this bill revises those deadlines.

 

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 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 to 13, inclusive, of this act.

      Sec. 1.5. “Voter registration card” means a voter registration card that is issued to a voter pursuant to any provision of this title and contains the information set forth in section 1.7 of this act.

      Sec. 1.7. 1.  A voter registration card must contain:

      (a) The name, address, political affiliation and precinct number of the voter;

      (b) The date of its issuance; and

      (c) The signature of the county clerk.

      2.  If a voter is qualified to register to vote for an election and has properly completed any method authorized by the provisions of this title to register to vote for the election, the issuance of a voter registration card to the voter is not a prerequisite to vote in the election.

      Sec. 2. 1.  A county clerk may establish one or more polling places in the county where any person entitled to vote in the county by personal appearance may do so on the day of the primary election or general election.

      2.  Any person entitled to vote in the county by personal appearance may do so at any polling place established pursuant to subsection 1.

      Sec. 3. 1.  Except as otherwise provided in subsection 2, if a county clerk establishes one or more polling places pursuant to section 2 of this act, the county clerk must:

      (a) Publish during the week before the election in a newspaper of general circulation a notice of the location of each such polling place.

      (b) Post a list of the location of each such polling place on any bulletin board used for posting notice of meetings of the board of county commissioners. The list must be posted continuously for a period beginning not later than the fifth business day before the election and ending at 7 p.m. on the day of the election. The county clerk shall make copies of the list available to the public during the period of posting in reasonable quantities without charge.

      2.  The provisions of subsection 1 do not apply if every polling place in the county is a polling place where any person entitled to vote in the county by personal appearance may do so on the day of the primary election or general election.

 


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

ê2019 Statutes of Nevada, Page 4051 (CHAPTER 619, AB 345)ê

 

      3.  No additional polling place may be established pursuant to section 2 of this act after the publication pursuant to this section, except in the case of an emergency and if approved by the Secretary of State.

      Sec. 4. 1.  For each polling place established pursuant to section 2 of this act, if any, the county clerk shall prepare a roster that contains, for every registered voter in the county, the voter’s name, the address where he or she is registered to vote, his or her voter identification number, the voter’s precinct or district number and the voter’s signature.

      2.  The roster must be delivered or caused to be delivered by the county clerk to an election board officer of the proper polling place before the opening of the polls.

      Sec. 5. 1.  Except as otherwise provided in NRS 293.283 and sections 5.1 to 9.8, inclusive, of this act, upon the appearance of a person to cast a ballot at a polling place established pursuant to section 2 of this act, the election board officer shall:

      (a) Determine that the person is a registered voter in the county and has not already voted in that county in the current election;

      (b) Instruct the voter to sign the roster or a signature card; and

      (c) Verify the signature of the voter in the manner set forth in NRS 293.277.

      2.  If the signature of the voter does not match, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

      (b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

      (c) Providing the election board officer with proof of identification as described in NRS 293.277 other than the voter registration card issued to the voter.

      3.  If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.

      4.  The county clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that county in the current election.

      5.  When a voter is entitled to cast a ballot and has identified himself or herself to the satisfaction of the election board officer, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use at the polling place where he or she applies to vote.

      6.  If the ballot is voted on a mechanical recording device which directly records the votes electronically, the election board officer shall:

      (a) Prepare the mechanical voting device for the voter;

      (b) Ensure that the voter’s precinct or voting district and the form of the ballot are indicated on the voting receipt, if the county clerk uses voting receipts; and

      (c) Allow the voter to cast a vote.

      7.  A voter applying to vote at a polling place established pursuant to section 2 of this act may be challenged pursuant to NRS 293.303.

      Sec. 5.1. As used in sections 5.1 to 9.8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5.2 to 5.5, inclusive, of this act have the meanings ascribed to them in those sections.

 


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

ê2019 Statutes of Nevada, Page 4052 (CHAPTER 619, AB 345)ê

 

      Sec. 5.2. “Election” means:

      1.  A primary election;

      2.  A general election;

      3.  A primary city election; or

      4.  A general city election.

      Sec. 5.3. “Final verification” means the procedures established pursuant to section 9.4 of this act to verify and determine whether a person who cast a provisional ballot was qualified to register to vote and to cast the ballot in the election.

      Sec. 5.4. “Polling place for early voting” means any permanent or temporary polling place for early voting.

      Sec. 5.5. 1.  “Provisional ballot” means a provisional ballot cast by a person pursuant to sections 5.1 to 9.8, inclusive, of this act.

      2.  The term does not include a provisional ballot cast by a person pursuant to:

      (a) NRS 293.3081 to 293.3086, inclusive, and sections 10.3 and 10.6 of this act; or

      (b) Section 302 of the Help America Vote Act of 2002, 52 U.S.C. § 21082, as amended.

      Sec. 5.6.1.  The procedures authorized pursuant to the provisions of sections 5.1 to 9.8, inclusive, of this act are subject to all other provisions of this title relating to the registration of electors and the voting of registered voters, but only to the extent that the other provisions of this title do not conflict with the provisions of sections 5.1 to 9.8, inclusive, of this act.

      2.  If there is any conflict between the provisions of sections 5.1 to 9.8, inclusive, of this act and the other provisions of this title, the provisions of sections 5.1 to 9.8, inclusive, of this act control.

      3.  The provisions of sections 5.1 to 9.8, inclusive, of this act must be liberally construed and broadly interpreted to achieve their intended public purpose of encouraging and facilitating a greater number of electors to participate in the electoral process by voting, and if there is any uncertainty or doubt regarding the construction, interpretation or application of the provisions of sections 5.1 to 9.8, inclusive, of this act, that uncertainty or doubt must be resolved in favor of this public purpose.

      Sec. 5.7. 1.  Except as otherwise provided in subsections 2 and 3, the provisions of sections 5.1 to 9.8, inclusive, of this act apply to city elections and supersede and preempt any conflicting provisions of a city charter, regardless of the date of the enactment or amendment of the conflicting provisions of the city charter.

      2.  The provisions of sections 5.1 to 9.8, inclusive, of this act relating to early voting do not apply to a city election if the governing body of the city has not provided for the conduct of early voting by personal appearance in the city election pursuant to NRS 293C.110.

      3.  The provisions of sections 5.1 to 9.8, inclusive, of this act do not apply to a city election in which all ballots must be cast by mail pursuant to NRS 293C.112.

      Sec. 5.8. If a person casts a provisional ballot pursuant to sections 5.1 to 9.8, inclusive, of this act, the provisional ballot must include all offices, candidates and measures upon which the person would have been entitled to vote if the person had cast a regular ballot.

 


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

ê2019 Statutes of Nevada, Page 4053 (CHAPTER 619, AB 345)ê

 

      Sec. 5.9. 1.  After the close of registration for an election pursuant to NRS 293.560 or 293C.527, a registered voter may update his or her voter registration information, including, without limitation, his or her name, address and party affiliation.

      2.  The county or city clerk shall authorize one or more of the following methods for a registered voter to update his or her voter registration information pursuant to this section:

      (a) A paper application;

      (b) A system established pursuant to NRS 293.506 for using a computer to register voters; or

      (c) The system established by the Secretary of State pursuant to section 11 of this act.

Ê If the county or city clerk authorizes the use of more than one method, the county or city clerk may limit the use of a particular method to circumstances when another method is not reasonably available.

      3.  If a registered voter updates his or her voter registration information pursuant to this section and applies to vote in the election, the county or city clerk may require the voter to cast a provisional ballot in the election if any circumstances exist that give the county or city clerk reasonable cause to believe that the use of a provisional ballot is necessary to provide sufficient time to verify and determine whether the voter is eligible to cast the ballot in the election based on his or her updated voter registration information.

      4.  If a registered voter casts a provisional ballot in the election pursuant to this section, the provisional ballot is subject to final verification in accordance with the procedures that apply to other provisional ballots cast in the election pursuant to sections 5.1 to 9.8, inclusive, of this act.

      Sec. 6. 1.  Through the Thursday preceding the day of the election, an elector may register to vote in the county or city, as applicable, in which the elector is eligible to vote by submitting an application to register to vote by computer using the system established by the Secretary of State pursuant to section 11 of this act before the elector appears at a polling place described in subsection 2 to vote in person.

      2.  If an elector submits an application to register to vote pursuant to this section, the elector may vote only in person:

      (a) During the period for early voting, at any polling place for early voting by personal appearance in the county or city, as applicable, in which the elector is eligible to vote; or

      (b) On the day of the election, at:

             (1) A polling place established pursuant to section 2 or 73 of this act, if one has been established in the county or city, as applicable, in which the elector is eligible to vote; or

             (2) The polling place for his or her election precinct.

      3.  To vote in person, an elector who submits an application to register to vote pursuant to this section must:

      (a) Appear before the close of polls at a polling place described in subsection 2;

      (b) Inform an election board officer that, before appearing at the polling place, the elector submitted an application to register to vote by computer using the system established by the Secretary of State pursuant to section 11 of this act; and

 


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

ê2019 Statutes of Nevada, Page 4054 (CHAPTER 619, AB 345)ê

 

      (c) Except as otherwise provided in subsection 4, provide his or her current and valid driver’s license or identification card issued by the Department of Motor Vehicles which shows his or her physical address as proof of the elector’s identity and residency.

      4.  If the driver’s license or identification card issued by the Department of Motor Vehicles to the elector does not have the elector’s current residential address, the following documents may be used to establish the residency of the elector if the current residential address of the elector, as indicated on his or her application to register to vote, is displayed on the document:

      (a) A military identification card;

      (b) A utility bill, including, without limitation, a bill for electric, gas, oil, water, sewer, septic, telephone, cellular telephone or cable television service;

      (c) A bank or credit union statement;

      (d) A paycheck;

      (e) An income tax return;

      (f) A statement concerning the mortgage, rental or lease of a residence;

      (g) A motor vehicle registration;

      (h) A property tax statement; or

      (i) Any other document issued by a governmental agency.

      5.  Subject to final verification, if an elector submits an application to register to vote and appears at a polling place to vote in person pursuant to this section:

      (a) The elector shall be deemed to be conditionally registered to vote at the polling place upon:

             (1) The determination that the elector submitted the application to register to vote by computer using the system established by the Secretary of State pursuant to section 11 of this act and that the application to register to vote is complete; and

             (2) The verification of the elector’s identity and residency pursuant to this section.

      (b) After the elector is deemed to be conditionally registered to vote at the polling place pursuant to paragraph (a), the elector:

             (1) May vote in the election only at that polling place;

             (2) Must vote as soon as practicable and before leaving that polling place; and

             (3) Must vote by casting a provisional ballot, unless it is verified, at that time, that the elector is qualified to register to vote and to cast a regular ballot in the election at that polling place.

      Sec. 7. (Deleted by amendment.)

      Sec. 8. 1.  Notwithstanding the close of any method of registration for an election pursuant to NRS 293.560 or 293C.527, an elector may register to vote in person at any polling place for early voting by personal appearance in the county or city, as applicable, in which the elector is eligible to vote.

      2.  To register to vote in person during the period for early voting, an elector must:

      (a) Appear before the close of polls at a polling place for early voting by personal appearance in the county or city, as applicable, in which the elector is eligible to vote.

 


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

ê2019 Statutes of Nevada, Page 4055 (CHAPTER 619, AB 345)ê

 

      (b) Complete the application to register to vote by a method authorized by the county or city clerk pursuant to this paragraph. The county or city clerk shall authorize one or more of the following methods for a person to register to vote pursuant to this paragraph:

             (1) A paper application;

             (2) A system established pursuant to NRS 293.506 for using a computer to register voters; or

             (3) The system established by the Secretary of State pursuant to section 11 of this act.

Ê If the county or city clerk authorizes the use of more than one method, the county or city clerk may limit the use of a particular method to circumstances when another method is not reasonably available.

      (c) Except as otherwise provided in subsection 3, provide his or her current and valid driver’s license or identification card issued by the Department of Motor Vehicles which shows his or her physical address as proof of the elector’s identity and residency.

      3.  If the driver’s license or identification card issued by the Department of Motor Vehicles to the elector does not have the elector’s current residential address, the following documents may be used to establish the residency of the elector if the current residential address of the elector, as indicated on his or her application to register to vote, is displayed on the document:

      (a) A military identification card;

      (b) A utility bill, including, without limitation, a bill for electric, gas, oil, water, sewer, septic, telephone, cellular telephone or cable television service;

      (c) A bank or credit union statement;

      (d) A paycheck;

      (e) An income tax return;

      (f) A statement concerning the mortgage, rental or lease of a residence;

      (g) A motor vehicle registration;

      (h) A property tax statement; or

      (i) Any other document issued by a governmental agency.

      4.  Subject to final verification, if an elector registers to vote in person at a polling place pursuant to this section:

      (a) The elector shall be deemed to be conditionally registered to vote at the polling place upon:

             (1) The determination that the application to register to vote is complete; and

             (2) The verification of the elector’s identity and residency pursuant to this section.

      (b) After the elector is deemed to be conditionally registered to vote at the polling place pursuant to paragraph (a), the elector:

             (1) May vote in the election only at that polling place;

             (2) Must vote as soon as practicable and before leaving that polling place; and

             (3) Must vote by casting a provisional ballot, unless it is verified, at that time, that the elector is qualified to register to vote and to cast a regular ballot in the election at that polling place.

      Sec. 9. 1.  Notwithstanding the close of any method of registration for an election pursuant to NRS 293.560 or 293C.527, an elector may register to vote in person on the day of the election at any polling place in the county or city, as applicable, in which the elector is eligible to vote.

 


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

ê2019 Statutes of Nevada, Page 4056 (CHAPTER 619, AB 345)ê

 

register to vote in person on the day of the election at any polling place in the county or city, as applicable, in which the elector is eligible to vote.

      2.  To register to vote on the day of the election, an elector must:

      (a) Appear before the close of polls at a polling place in the county or city, as applicable, in which the elector is eligible to vote.

      (b) Complete the application to register to vote by a method authorized by the county or city clerk pursuant to this paragraph. The county or city clerk shall authorize one or more of the following methods for a person to register to vote pursuant to this paragraph:

             (1) A paper application;

             (2) A system established pursuant to NRS 293.506 for using a computer to register voters; or

             (3) The system established by the Secretary of State pursuant to section 11 of this act.

Ê If the county or city clerk authorizes the use of more than one method, the county or city clerk may limit the use of a particular method to circumstances when another method is not reasonably available.

      (c) Except as otherwise provided in subsection 3, provide his or her current and valid driver’s license or identification card issued by the Department of Motor Vehicles which shows his or her physical address as proof of the elector’s identity and residency.

      3.  If the driver’s license or identification card issued by the Department of Motor Vehicles to the elector does not have the elector’s current residential address, the following documents may be used to establish the residency of the elector if the current residential address of the elector, as indicated on his or her application to register to vote, is displayed on the document:

      (a) A military identification card;

      (b) A utility bill, including, without limitation, a bill for electric, gas, oil, water, sewer, septic, telephone, cellular telephone or cable television service;

      (c) A bank or credit union statement;

      (d) A paycheck;

      (e) An income tax return;

      (f) A statement concerning the mortgage, rental or lease of a residence;

      (g) A motor vehicle registration;

      (h) A property tax statement; or

      (i) Any other document issued by a governmental agency.

      4.  Subject to final verification, if an elector registers to vote in person at a polling place pursuant to this section:

      (a) The elector shall be deemed to be conditionally registered to vote at the polling place upon:

             (1) The determination that the application to register to vote is complete; and

             (2) The verification of the elector’s identity and residency pursuant to this section.

      (b) After the elector is deemed to be conditionally registered to vote at the polling place pursuant to paragraph (a), the elector:

             (1) May vote in the election only at that polling place;

             (2) Must vote as soon as practicable and before leaving that polling place; and

 


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

ê2019 Statutes of Nevada, Page 4057 (CHAPTER 619, AB 345)ê

 

             (3) Must vote by casting a provisional ballot.

      Sec. 9.2.If an elector is deemed to be conditionally registered to vote at a polling place pursuant to sections 5.1 to 9.8, inclusive, of this act, the county clerk shall issue to the elector a voter registration card as soon as practicable after final verification.

      Sec. 9.4.1.  Each county and city clerk shall establish procedures, approved by the Secretary of State, for:

      (a) Carrying out final verification to verify and determine whether a person who cast a provisional ballot was qualified to register to vote and to cast the ballot in the election; and

      (b) Keeping each provisional ballot separate from other ballots until such final verification.

      2.  For the purposes of final verification:

      (a) The Secretary of State shall verify that an elector has voted in the election in only one county or city, as applicable, and provide each county and city clerk with a copy of the verification report; and

      (b) Each county and city clerk shall verify that an elector has voted in the election at only one polling place in the county or city, as applicable.

      Sec. 9.6. 1.  Following each election, a canvass of the provisional ballots cast in the election must be conducted pursuant to NRS 293.387 and 293C.387.

      2.  The county or city clerk shall not include any provisional ballot in the unofficial results reported on election night.

      3.  Beginning on the day following the election, the county or city clerk shall regularly report the results of the counting of the provisional ballots until such counting is completed.

      Sec. 9.8.1.  The Secretary of State shall establish a free access system, such as a toll-free telephone number or an Internet website, to inform a person who cast a provisional ballot whether the person’s ballot was counted and, if the ballot was not counted, the reason why the ballot was not counted.

      2.  The free access system must ensure secrecy of the ballot while protecting the confidentiality and integrity of personal information contained therein.

      3.  Access to information concerning a provisional ballot must be restricted to the person who cast the provisional ballot.

      Sec. 10. (Deleted by amendment.)

      Sec. 10.3.As used in this section, NRS 293.3081 to 293.3086, inclusive, and section 10.6 of this act, unless the context otherwise requires:

      1.  “Provisional ballot” means a provisional ballot cast by a person pursuant to this section, NRS 293.3081 to 293.3086, inclusive, and section 10.6 of this act.

      2.  The term does not include a provisional ballot cast by a person pursuant to sections 5.1 to 9.8, inclusive, of this act.

      Sec. 10.6. If a person casts a provisional ballot pursuant to this section, NRS 293.3081 to 293.3086, inclusive, and section 10.3 of this act, the provisional ballot must include all offices, candidates and measures upon which the person would have been entitled to vote if the person had cast a regular ballot.

 


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

ê2019 Statutes of Nevada, Page 4058 (CHAPTER 619, AB 345)ê

 

      Sec. 11. 1.  The Secretary of State shall establish a system on the Internet website of the Office of the Secretary of State to allow persons by computer to:

      (a) Preregister and register to vote;

      (b) Cancel his or her preregistration or voter registration;

      (c) Update his or her preregistration or voter registration information, including, without limitation, the person’s name, address and party affiliation; and

      (d) Determine at what polling place or places he or she is entitled to vote.

      2.  The system established pursuant to subsection 1 must:

      (a) Be user friendly;

      (b) Comply with any procedures and requirements prescribed by the Secretary of State pursuant to NRS 293.250 and 293.4855; and

      (c) Inform any person who uses the system to register to vote for an election pursuant to sections 6, 8 and 9 of this act that the person may vote in the election only if the person complies with the applicable requirements established by those sections.

      3.  The Secretary of State shall include on the system, in black lettering and not more than 14-point type, the following information:

      (a) The qualifications to register or preregister to vote;

      (b) That if the applicant does not meet the qualifications, he or she is prohibited from registering or preregistering to vote; and

      (c) The penalties for submitting a false application.

      4.  The Secretary of State shall not include on the system:

      (a) Any additional warnings regarding the penalties for submitting a false application; or

      (b) The notice set forth in NRS 225.083.

      Sec. 12. 1.  At the time the Department of Motor Vehicles notifies a person of the qualifications to vote in this State pursuant to section 3 of the 2018 Ballot Question No. 5, the Automatic Voter Registration Initiative, the Department shall provide the person with a paper form on which the person may:

      (a) Affirmatively decline to be registered to vote or have his or her voter registration updated; and

      (b) Elect to indicate a political party affiliation.

      2.  The form provided by the Department pursuant to subsection 1:

      (a) Must include a notice informing the person of the information required pursuant to paragraphs (b) and (c) of subsection 2 of section 3 of the 2018 Ballot Question No. 5, the Automatic Voter Registration Initiative, and that the person may:

             (1) Return the completed form at the end of his or her transaction with the Department by depositing the form in the secured container provided by the Department pursuant to subsection 3; or

             (2) Use the system established by the Secretary of State pursuant to section 11 of this act to update his or her voter registration information, including, without limitation, the person’s name, address and party affiliation.

 


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

ê2019 Statutes of Nevada, Page 4059 (CHAPTER 619, AB 345)ê

 

      (b) May include any other information that the Department determines is necessary to carry out the provisions of this section.

      3.  The Department shall provide a secured container within the Department designated for the return of any form provided to a person pursuant to this section.

      4.  For the purposes of sections 4 and 5 of the 2018 Ballot Question No. 5, the Automatic Voter Registration Initiative:

      (a) If a person deposits the completed form in the secured container at the end of his or her transaction with the Department and has not affirmatively declined in the form to be registered to vote or have his or her voter registration updated:

             (1) The Department shall be deemed to have collected the information contained in the form from the person during his or her transaction with the Department; and

             (2) The person shall be deemed to have consented to the transmission of that information and the other information and documents collected during his or her transaction with the Department to the Secretary of State and the appropriate county clerks for the purpose of registering the person to vote or updating the person’s existing voter registration information in order to correct the statewide voter registration list pursuant to NRS 293.530, if necessary.

      (b) If a person does not deposit the form in the secured container at the end of his or her transaction with the Department:

             (1) The person shall be deemed to have consented to the transmission of the information and documents collected during his or her transaction with the Department to the Secretary of State and the appropriate county clerks for the purpose of registering the person to vote or updating the person’s existing voter registration information in order to correct the statewide voter registration list pursuant to NRS 293.530, if necessary.

             (2) The appropriate county clerk shall list the person’s political party as nonpartisan, unless the person is already a registered voter listed as affiliated with a political party in the person’s existing voter registration information.

      5.  The Department may adopt regulations to carry out the provisions of this section.

      Sec. 13. 1.  Each county clerk shall review the voter registration information transmitted by the Department of Motor Vehicles pursuant to section 5 of the 2018 Ballot Question No. 5, the Automatic Voter Registration Initiative, and section 12 of this act to determine whether the person is eligible to register to vote in this State.

      2.  If the county clerk determines that a person is not eligible to register to vote pursuant to subsection 1:

      (a) It shall be deemed that the transmittal is not a completed voter registration application;

      (b) It shall be deemed that the person did not apply to register to vote; and

      (c) The county clerk must reject the application and may not register that person to vote.

 


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

ê2019 Statutes of Nevada, Page 4060 (CHAPTER 619, AB 345)ê

 

      Sec. 13.3. NRS 293.010 is hereby amended to read as follows:

      293.010  As used in this title, unless the context otherwise requires, the words and terms defined in NRS 293.013 to 293.121, inclusive, and section 1.5 of this act have the meanings ascribed to them in those sections.

      Sec. 13.5. NRS 293.093 is hereby amended to read as follows:

      293.093  “Regular votes” means the votes cast by registered voters, except votes cast by :

      1.  An absent ballot ;

      2.  A provisional ballot pursuant to sections 5.1 to 9.8, inclusive, of this act; or

      3.  A provisional ballot [.] pursuant to NRS 293.3081 to 293.3086, inclusive, and sections 10.3 and 10.6 of this act.

      Sec. 14. NRS 293.095 is hereby amended to read as follows:

      293.095  “Roster” means the record in printed or electronic form furnished to election board officers which [contains] :

      1.  Contains a list of [eligible] registered voters and is to be used for obtaining the signature of each [person applying for a ballot.] registered voter who applies to vote at a polling place; or

      2.  Is to be used for obtaining the signature of each elector who applies to register to vote or applies to vote at a polling place pursuant to sections 5.1 to 9.8, inclusive, of this act.

      Sec. 15. (Deleted by amendment.)

      Sec. 15.5. NRS 293.126 is hereby amended to read as follows:

      293.126  1.  The provisions of sections 5.1 to 9.8, inclusive, of this act apply to city elections.

      2.  The other provisions of this chapter, not inconsistent with the provisions of chapter 293C of NRS or a city charter, also apply to city elections.

      Sec. 16. NRS 293.1273 is hereby amended to read as follows:

      293.1273  [In any county where registrations are performed and records are kept by computer, a] A facsimile of a voter’s signature that is created by a computer may be used if a verification or comparison of the signature is required by any provision of this title.

      Secs. 17 and 18. (Deleted by amendment.)

      Sec. 18.5. NRS 293.12757 is hereby amended to read as follows:

      293.12757  [A] If a person is qualified to register to vote and has properly completed any method authorized by the provisions of this title to register to vote:

      1.  The person may sign a petition required under the election laws of this State on or after the date on which the person is deemed to be registered to vote pursuant to NRS 293.4855 , [or] 293.517 [, subsection 7 of NRS] or 293.5235 [or] , sections 5.1 to 9.8, inclusive, of this act, section 6 of the 2018 Ballot Question No. 5, the Automatic Voter Registration Initiative [.] , or any other provision of this title; and

      2.  The county clerk shall use the date prescribed by subsection 1 for the purposes of the verification of the person’s signature on the petition.

      Sec. 19. NRS 293.1277 is hereby amended to read as follows:

      293.1277  1.  If the Secretary of State finds that the total number of signatures submitted to all the county clerks is 100 percent or more of the number of registered voters needed to declare the petition sufficient, the Secretary of State shall immediately so notify the county clerks. After the notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in the county clerk’s county and, in the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, shall tally the number of signatures for each petition district contained or fully contained within the county clerk’s county.

 


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

ê2019 Statutes of Nevada, Page 4061 (CHAPTER 619, AB 345)ê

 

registered voters who have signed the documents submitted in the county clerk’s county and, in the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, shall tally the number of signatures for each petition district contained or fully contained within the county clerk’s county. This determination must be completed within 9 days, excluding Saturdays, Sundays and holidays, after the notification pursuant to this subsection regarding a petition containing signatures which are required to be verified pursuant to NRS 293.128, 295.056, 298.109, 306.035 or 306.110, and within 3 days, excluding Saturdays, Sundays and holidays, after the notification pursuant to this subsection regarding a petition containing signatures which are required to be verified pursuant to NRS 293.172 or 293.200. For the purpose of verification pursuant to this section, the county clerk shall not include in his or her tally of total signatures any signature included in the incorrect petition district.

      2.  Except as otherwise provided in subsection 3, if more than 500 names have been signed on the documents submitted to a county clerk, the county clerk shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerk is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures, whichever is greater. If documents were submitted to the county clerk for more than one petition district wholly contained within that county, a separate random sample must be performed for each petition district.

      3.  If a petition district comprises more than one county and the petition is for an initiative or referendum proposing a constitutional amendment or a statewide measure, and if more than 500 names have been signed on the documents submitted for that petition district, the appropriate county clerks shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerks within the petition district is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures presented in the petition district, whichever is greater. The Secretary of State shall determine the number of signatures that must be verified by each county clerk within the petition district.

      4.  In determining from the records of registration the number of registered voters who signed the documents, the county clerk may use the signatures contained in the file of applications to register to vote. If the county clerk uses that file, the county clerk shall ensure that every application in the file is examined, including any application in his or her possession which may not yet be entered into the county clerk’s records. Except as otherwise provided in subsection 5, the county clerk shall rely only on the appearance of the signature and the address and date included with each signature in making his or her determination.

      5.  If:

      (a) Pursuant to NRS 293.506, a county clerk establishes a system to allow persons to register to vote by computer;

      (b) A person registers to vote using the system established by the Secretary of State pursuant to section 11 of this act;

 


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

ê2019 Statutes of Nevada, Page 4062 (CHAPTER 619, AB 345)ê

 

      (c) A person registers to vote pursuant to NRS 293D.230 and signs his or her application to register to vote using a digital signature or an electronic signature; or

      [(c)] (d) A person registers to vote pursuant to section 4 of the 2018 Ballot Question No. 5, the Automatic Voter Registration Initiative,

Ê the county clerk may rely on such other indicia as prescribed by the Secretary of State in making his or her determination.

      6.  In the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, when the county clerk is determining the number of registered voters who signed the documents from each petition district contained fully or partially within the county clerk’s county, he or she must use the statewide voter registration list available pursuant to NRS 293.675.

      7.  Except as otherwise provided in subsection 9, upon completing the examination, the county clerk shall immediately attach to the documents a certificate properly dated, showing the result of the examination, including the tally of signatures by petition district, if required, and transmit the documents with the certificate to the Secretary of State. In the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, if a petition district comprises more than one county, the appropriate county clerks shall comply with the regulations adopted by the Secretary of State pursuant to this section to complete the certificate. A copy of this certificate must be filed in the clerk’s office. When the county clerk transmits the certificate to the Secretary of State, the county clerk shall notify the Secretary of State of the number of requests to remove a name received by the county clerk pursuant to NRS 295.055 or 306.015.

      8.  A person who submits a petition to the county clerk which is required to be verified pursuant to NRS 293.128, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110 must be allowed to witness the verification of the signatures. A public officer who is the subject of a recall petition must also be allowed to witness the verification of the signatures on the petition.

      9.  For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not transmit to the Secretary of State the documents containing the signatures of the registered voters.

      10.  The Secretary of State shall by regulation establish further procedures for carrying out the provisions of this section.

      Sec. 19.5. NRS 293.177 is hereby amended to read as follows:

      293.177  1.  Except as otherwise provided in NRS 293.165 and 293.166, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of candidacy, and has paid the fee required by NRS 293.193 not earlier than:

      (a) For a candidate for judicial office, the first Monday in January of the year in which the election is to be held and not later than 5 p.m. on the second Friday after the first Monday in January; and

      (b) For all other candidates, the first Monday in March of the year in which the election is to be held and not later than 5 p.m. on the second Friday after the first Monday in March.

      2.  A declaration of candidacy or an acceptance of candidacy required to be filed by this section must be in substantially the following form:

 


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

ê2019 Statutes of Nevada, Page 4063 (CHAPTER 619, AB 345)ê

 

      (a) For partisan office:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada

 

County of .....................................

 

For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of ………, I, the undersigned …….., do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ………., in the City or Town of ……., County of ………., State of Nevada; that my actual, as opposed to constructive, residence in the State, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ............, and the address at which I receive mail, if different than my residence, is .........; that I am registered as a member of the ................ Party; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since December 31 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election, I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; that I understand that knowingly and willfully filing a declaration of candidacy or acceptance of candidacy which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office; and that I understand that my name will appear on all ballots as designated in this declaration.

 

                                               .............................................................................

                                                                  (Designation of name)

 

                                               .............................................................................

                                                        (Signature of candidate for office)

 


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

ê2019 Statutes of Nevada, Page 4064 (CHAPTER 619, AB 345)ê

 

Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

 

                                                                        

           Notary Public or other person

         authorized to administer an oath

 

      (b) For nonpartisan office:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada

 

County of .............................

 

For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ………, in the City or Town of ……., County of ………, State of Nevada; that my actual, as opposed to constructive, residence in the State, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ..........., and the address at which I receive mail, if different than my residence, is ..........; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that if nominated as a nonpartisan candidate at the ensuing election, I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; that I understand that knowingly and willfully filing a declaration of candidacy or acceptance of candidacy which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office; and that I understand that my name will appear on all ballots as designated in this declaration.

 

                                               .............................................................................

                                                                  (Designation of name)

 

                                               .............................................................................

                                                        (Signature of candidate for office)

 


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

ê2019 Statutes of Nevada, Page 4065 (CHAPTER 619, AB 345)ê

 

Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

 

                                                                        

           Notary Public or other person

         authorized to administer an oath

 

      3.  The address of a candidate which must be included in the declaration of candidacy or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if the candidate fails to comply with the following provisions of this subsection or, if applicable, the provisions of subsection 4:

      (a) The candidate shall not list the candidate’s address as a post office box unless a street address has not been assigned to his or her residence; and

      (b) Except as otherwise provided in subsection 4, the candidate shall present to the filing officer:

             (1) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate and the candidate’s residential address; or

             (2) A current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the candidate’s name and residential address, but not including a voter registration card . [issued pursuant to NRS 293.517.]

      4.  If the candidate executes an oath or affirmation under penalty of perjury stating that the candidate is unable to present to the filing officer the proof of residency required by subsection 3 because a street address has not been assigned to the candidate’s residence or because the rural or remote location of the candidate’s residence makes it impracticable to present the proof of residency required by subsection 3, the candidate shall present to the filing officer:

      (a) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate; and

      (b) Alternative proof of the candidate’s residential address that the filing officer determines is sufficient to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050. The Secretary of State may adopt regulations establishing the forms of alternative proof of the candidate’s residential address that the filing officer may accept to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050.

      5.  The filing officer shall retain a copy of the proof of identity and residency provided by the candidate pursuant to subsection 3 or 4. Such a copy:

      (a) May not be withheld from the public; and

      (b) Must not contain the social security number, driver’s license or identification card number or account number of the candidate.

      6.  By filing the declaration or acceptance of candidacy, the candidate shall be deemed to have appointed the filing officer for the office as his or her agent for service of process for the purposes of a proceeding pursuant to NRS 293.182. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration or acceptance of candidacy.

 


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

ê2019 Statutes of Nevada, Page 4066 (CHAPTER 619, AB 345)ê

 

acceptance of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the filing officer duplicate copies of the process. The filing officer shall immediately send, by registered or certified mail, one of the copies to the candidate at the specified address, unless the candidate has designated in writing to the filing officer a different address for that purpose, in which case the filing officer shall mail the copy to the last address so designated.

      7.  If the filing officer receives credible evidence indicating that a candidate has been convicted of a felony and has not had his or her civil rights restored by a court of competent jurisdiction, the filing officer:

      (a) May conduct an investigation to determine whether the candidate has been convicted of a felony and, if so, whether the candidate has had his or her civil rights restored by a court of competent jurisdiction; and

      (b) Shall transmit the credible evidence and the findings from such investigation to the Attorney General, if the filing officer is the Secretary of State, or to the district attorney, if the filing officer is a person other than the Secretary of State.

      8.  The receipt of information by the Attorney General or district attorney pursuant to subsection 7 must be treated as a challenge of a candidate pursuant to subsections 4 and 5 of NRS 293.182 to which the provisions of NRS 293.2045 apply.

      9.  Any person who knowingly and willfully files a declaration of candidacy or acceptance of candidacy which contains a false statement in violation of this section is guilty of a gross misdemeanor.

      Sec. 20. NRS 293.203 is hereby amended to read as follows:

      293.203  Immediately upon receipt by the county clerk of the certified list of candidates from the Secretary of State, the county clerk shall publish a notice of primary election or general election in a newspaper of general circulation in the county once a week for 2 successive weeks. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest Nevada county. The notice must contain:

      1.  The date of the election.

      2.  The location of the polling places.

      3.  The hours during which the polling places will be open for voting.

      [4.  The names of the candidates.

      5.  A list of the offices to which the candidates seek nomination or election.]

Ê The notice required for a general election pursuant to this section may be published in conjunction with the notice required for a proposed constitution or constitutional amendment pursuant to NRS 293.253. If the notices are combined in this manner, they must be published three times in accordance with subsection 3 of NRS 293.253.

      Sec. 21. NRS 293.2175 is hereby amended to read as follows:

      293.2175  1.  The county clerk may appoint a pupil as a trainee for the position of election board officer. To qualify for such an appointment, the pupil must be:

      (a) A United States citizen, a resident of Nevada and a resident of the county in which the pupil serves;

      (b) Enrolled in high school; and

      (c) At the time of service, at least 16 years of age.

      2.  The county clerk may only appoint a pupil as a trainee if:

 


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

ê2019 Statutes of Nevada, Page 4067 (CHAPTER 619, AB 345)ê

 

      (a) The pupil is appointed without party affiliation;

      (b) The county clerk sends the pupil a certificate stating the date and hours that the pupil will act as a trainee;

      (c) At least 20 days before the election in which the pupil will act as a trainee, the principal of the high school or the pupil’s assigned school counselor receives the county clerk’s certificate and a written request signed by the pupil’s parent or guardian to be excused from school for the time specified in the certificate;

      (d) The principal of the high school or the assigned school counselor of the pupil approves the pupil’s request; and

      (e) The pupil attends the training class required by NRS 293B.260.

      3.  Except as otherwise provided in this subsection, the county clerk may assign a trainee such duties as the county clerk deems appropriate. The county clerk shall not [:

      (a) Require] require the trainee to perform those duties later than 10 p.m. or any applicable curfew, whichever is earlier . [; or

      (b) Assign more than one trainee to serve as an election board officer in any one polling place.]

      4.  The county clerk may compensate a trainee for service at the same rate fixed for election board officers generally.

      Sec. 21.5. NRS 293.227 is hereby amended to read as follows:

      293.227  1.  Each election board must have one member designated as the chair by the county or city clerk. The election boards shall make the records of election required by this chapter.

      2.  The appointment of a trainee as set forth in NRS 293.2175 and 293C.222 may be used to determine the number of members on the election board, but under no circumstances may [:

      (a) The election board of any polling place include more than one trainee; or

      (b) A] a trainee serve as chair of the election board.

      3.  The county or city clerk shall conduct or cause to be conducted a school to acquaint the members of an election board with the election laws, duties of election boards, regulations of the Secretary of State and with the procedure for making the records of election and using the register for election boards.

      4.  The board of county commissioners of any county or the city council of any city may reimburse the members of an election board who attend the school for their travel expenses at a rate not exceeding 10 cents per mile.

      Sec. 22. NRS 293.250 is hereby amended to read as follows:

      293.250  1.  Except as otherwise provided in chapter 293D of NRS, the Secretary of State shall, in a manner consistent with the election laws of this State, prescribe:

      (a) The form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, applications to preregister and register to vote, lists, applications, registers, rosters, statements and abstracts required by the election laws of this State.

      (b) The procedures to be followed and the requirements of [a] :

             (1) A system established pursuant to NRS 293.506 for using a computer to register voters and to keep records of registration.

             (2) The system established by the Secretary of State pursuant to section 11 of this act for using a computer to register voters.

 


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

ê2019 Statutes of Nevada, Page 4068 (CHAPTER 619, AB 345)ê

 

      2.  Except as otherwise provided in chapter 293D of NRS, the Secretary of State shall prescribe with respect to the matter to be printed on every kind of ballot:

      (a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the State.

      (b) The listing of all other candidates required to file with the Secretary of State, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county or city clerk shall prepare appropriate ballot forms for use in any election in his or her county.

      3.  The Secretary of State shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voter’s choice.

      4.  The fiscal note for, explanation of, arguments for and against, and rebuttals to such arguments of each proposed constitutional amendment or statewide measure must be included on all sample ballots.

      5.  The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Attorney General. The arguments and rebuttals for or against constitutional amendments and statewide measures proposed by initiative or referendum must be prepared in the manner set forth in NRS 293.252. The fiscal notes for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau. The condensations, explanations, arguments, rebuttals and fiscal notes must be in easily understood language and of reasonable length, and whenever feasible must be completed by August 1 of the year in which the general election is to be held. The explanations must include a digest. The digest must include a concise and clear summary of any existing laws directly related to the constitutional amendment or statewide measure and a summary of how the constitutional amendment or statewide measure adds to, changes or repeals such existing laws. For a constitutional amendment or statewide measure that creates, generates, increases or decreases any public revenue in any form, the first paragraph of the digest must include a statement that the constitutional amendment or statewide measure creates, generates, increases or decreases, as applicable, public revenue.

      6.  The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of that township or district.

      7.  A county clerk:

      (a) May divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.

      (b) Shall prescribe the color or colors of the ballots and voting receipts used in any election which the clerk is required to conduct.

      Sec. 23. NRS 293.253 is hereby amended to read as follows:

      293.253  1.  The Secretary of State shall provide each county clerk with copies of any proposed constitution [,] or constitutional amendment [or statewide measure] which will appear on the general election ballot, together with the copies of the condensations, explanations, arguments, rebuttals and fiscal notes prepared pursuant to NRS 218D.810, 293.250 and 293.252.

      2.  Whenever feasible, the Secretary of State shall provide those copies on or before the first Monday in August of the year in which the proposals will appear on the ballot.

 


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

ê2019 Statutes of Nevada, Page 4069 (CHAPTER 619, AB 345)ê

 

will appear on the ballot. Copies of any additional proposals must be provided as soon after their filing as feasible.

      3.  Each county clerk shall cause a copy of the full text of any such constitution or amendment and its condensation, explanation, arguments, rebuttals and fiscal note to be published, in conspicuous display advertising format of not less than 10 column inches, in a newspaper of general circulation in the county three times at intervals of not less than 7 days, the first publication to be on or before the first Monday in October. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest Nevada county.

      4.  If a copy of any such constitution or amendment is furnished by the Secretary of State too late to be published at 7-day intervals, it must be published three times at the longest intervals feasible in each county.

      5.  [Each county clerk shall cause a copy of the condensation of any statewide measure and its explanation, arguments, rebuttals and fiscal note to be published on or before the first Monday in October in a newspaper of general circulation in the county. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest Nevada county.

      6.]  The portion of the cost of publication which is attributable to publishing the questions, explanations, arguments, rebuttals and fiscal notes of proposed constitutions [,] or constitutional amendments [or statewide measures] is a charge against the State and must be paid from the Reserve for Statutory Contingency Account upon recommendation by the Secretary of State and approval by the State Board of Examiners.

      Sec. 24. NRS 293.2546 is hereby amended to read as follows:

      293.2546  The Legislature hereby declares that each voter has the right:

      1.  To receive and cast a ballot that:

      (a) Is written in a format that allows the clear identification of candidates; and

      (b) Accurately records the voter’s preference in the selection of candidates.

      2.  To have questions concerning voting procedures answered and to have an explanation of the procedures for voting posted in a conspicuous place at the polling place.

      3.  To vote without being intimidated, threatened or coerced.

      4.  To vote during any period for early voting or on election day if the voter is waiting in line to vote or register to vote at [his or her] a polling place at which the voter is entitled to vote or register to vote [before 7 p.m.] at the time that the polls close and the voter has not already cast a vote in that election.

      5.  To return a spoiled ballot and is entitled to receive another ballot in its place.

      6.  To request assistance in voting, if necessary.

      7.  To a sample ballot which is accurate, informative and delivered in a timely manner as provided by law.

      8.  To receive instruction in the use of the equipment for voting during early voting or on election day.

      9.  To have nondiscriminatory equal access to the elections system, including, without limitation, a voter who is elderly, disabled, a member of a minority group, employed by the military or a citizen who is overseas.

 


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

ê2019 Statutes of Nevada, Page 4070 (CHAPTER 619, AB 345)ê

 

      10.  To have a uniform, statewide standard for counting and recounting all votes accurately.

      11.  To have complaints about elections and election contests resolved fairly, accurately and efficiently.

      Sec. 25. (Deleted by amendment.)

      Sec. 26. NRS 293.272 is hereby amended to read as follows:

      293.272  1.  Except as otherwise provided in subsection 2 and in NRS 293.2725 and 293.3083, a person who registered by mail or computer to vote shall, for the first election in which the person votes at which that registration is valid, vote in person unless he or she has previously voted in the county in which he or she is registered to vote.

      2.  The provisions of subsection 1 do not apply to a person who:

      (a) Is entitled to vote in the manner prescribed in NRS 293.343 to 293.355, inclusive;

      (b) Is entitled to vote an absent ballot pursuant to federal law , [or] NRS 293.316 [or 293.3165] or chapter 293D of NRS;

      (c) Is disabled;

      (d) Is provided the right to vote otherwise than in person pursuant to the Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. §§ 20101 et seq.;

      (e) Submits or has previously submitted a written request for an absent ballot that is signed by the registered voter before a notary public or other person authorized to administer an oath; or

      [(e)](f) Requests an absent ballot in person at the office of the county clerk.

      Sec. 27. NRS 293.2725 is hereby amended to read as follows:

      293.2725  1.  Except as otherwise provided in subsection 2, in NRS 293.3081 and 293.3083 , in sections 5.1 to 9.8, inclusive, of this act and in federal law, a person who registers to vote by mail or computer or registers to vote pursuant to section 4 of the 2018 Ballot Question No. 5, the Automatic Voter Registration Initiative, or a person who preregisters to vote by mail or computer and is subsequently deemed to be registered to vote, and who has not previously voted in an election for federal office in this State:

      (a) May vote at a polling place only if the person presents to the election board officer at the polling place:

             (1) A current and valid photo identification of the person, which shows his or her physical address; or

             (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card ; [issued pursuant to NRS 293.517;] and

      (b) May vote by mail only if the person provides to the county or city clerk:

             (1) A copy of a current and valid photo identification of the person, which shows his or her physical address; or

             (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card . [issued pursuant to NRS 293.517.]

Ê If there is a question as to the physical address of the person, the election board officer or clerk may request additional information.

      2.  The provisions of subsection 1 do not apply to a person who:

 


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

ê2019 Statutes of Nevada, Page 4071 (CHAPTER 619, AB 345)ê

 

      (a) Registers to vote by mail or computer, or preregisters to vote by mail or computer and is subsequently deemed to be registered to vote, and submits with an application to preregister or register to vote:

             (1) A copy of a current and valid photo identification; or

             (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card ; [issued pursuant to NRS 293.517;]

      (b) Except as otherwise provided in subsection 3, registers to vote by mail or computer and submits with an application to register to vote a driver’s license number or at least the last four digits of his or her social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application;

      (c) Registers to vote pursuant to section 4 of the 2018 Ballot Question No. 5, the Automatic Voter Registration Initiative, and at that time presents to the Department of Motor Vehicles:

             (1) A copy of a current and valid photo identification;

             (2) A copy of a current utility bill, bank statement, paycheck or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card ; [issued pursuant to NRS 293.517;] or

             (3) A driver’s license number or at least the last four digits of his or her social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application;

      (d) Is entitled to vote an absent ballot pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq.;

      (e) Is provided the right to vote otherwise than in person under the Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. §§ 20101 et seq.; or

      (f) Is entitled to vote otherwise than in person under any other federal law.

      3.  The provisions of subsection 1 apply to a person described in paragraph (b) of subsection 2 if the voter registration card issued to the person [pursuant to subsection 6 of NRS 293.517] is mailed by the county clerk to the person and returned to the county clerk by the United States Postal Service.

      Sec. 28. (Deleted by amendment.)

      Sec. 29. NRS 293.273 is hereby amended to read as follows:

      293.273  1.  Except as otherwise provided in [subsection 2 and] NRS 293.305, at all elections held under the provisions of this title, the polls must open at 7 a.m. and close at 7 p.m.

      2.  [Whenever at any election all the votes of the polling place, as shown on the roster, have been cast, the election board officers shall close the polls, and the counting of votes must begin and continue without unnecessary delay until the count is completed.

      3.]  Upon opening the polls, one of the election board officers shall cause a proclamation to be made that all present may be aware of the fact that applications [of registered voters to vote] will be received [.

      4.]from:

 


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

ê2019 Statutes of Nevada, Page 4072 (CHAPTER 619, AB 345)ê

 

      (a) Registered voters who apply to vote at the polling place; and

      (b) Electors who apply to register to vote or apply to vote at the polling place pursuant to sections 5.1 to 9.8, inclusive, of this act.

      3.  No person , other than election board officers engaged in receiving, preparing or depositing ballots or registering electors, may be permitted inside the guardrail during the time the polls are open, except by authority of the election board as necessary to keep order and carry out the provisions of this title.

      Sec. 30. NRS 293.275 is hereby amended to read as follows:

      293.275  [No]

      1.  Except as otherwise provided in subsection 2, an election board may not perform its duty in serving registered voters at any polling place in any election provided for in this title, unless it has before it [the] :

      (a) The roster designated for registered voters who apply to vote at the polling place [.] ; and

      (b) The roster designated for electors who apply to register to vote or apply to vote at the polling place pursuant to sections 5.1 to 9.8, inclusive, of this act.

      2.  For a polling place established pursuant to section 2 or 73 of this act, an election board may perform its duty in serving registered voters at the polling place in an election if the election board has before it the roster for the county or city, as applicable.

      Sec. 31. (Deleted by amendment.)

      Sec. 32. NRS 293.277 is hereby amended to read as follows:

      293.277  1.  Except as otherwise provided in NRS 293.283 and 293.541 [,] and sections 5.1 to 9.8, inclusive, of this act, if a person’s name appears in the roster, or if the person provides an affirmation pursuant to NRS 293.525, the person is entitled to vote and must sign his or her name in the roster or on a signature card when he or she applies to vote. The signature must be compared by an election board officer with the signature or a facsimile thereof on the person’s application to register to vote or one of the forms of identification listed in subsection 2.

      2.  Except as otherwise provided in NRS 293.2725, the forms of identification which may be used individually to identify a voter at the polling place are:

      (a) The voter registration card issued to the voter ; [at the time he or she registered to vote or was deemed to be registered to vote;]

      (b) A driver’s license;

      (c) An identification card issued by the Department of Motor Vehicles;

      (d) A military identification card; or

      (e) Any other form of identification issued by a governmental agency which contains the voter’s signature and physical description or picture.

      3.  The county clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that county in the current election.

      Sec. 32.5. NRS 293.283 is hereby amended to read as follows:

      293.283  1.  If, because of physical limitations, a registered voter is unable to sign his or her name in the roster or on a signature card as required by NRS 293.277, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

 


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

ê2019 Statutes of Nevada, Page 4073 (CHAPTER 619, AB 345)ê

 

      (b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

      (c) Providing the election board officer with proof of identification as described in NRS 293.277 other than the voter registration card issued to the voter . [at the time he or she registered to vote or was deemed to be registered to vote.]

      2.  If the identity of the voter is verified, the election board officer shall indicate in the roster “Identified” by the voter’s name.

      Sec. 33. NRS 293.285 is hereby amended to read as follows:

      293.285  1.  Except as otherwise provided in NRS 293.283 [, a] and sections 5.1 to 9.8, inclusive, of this act:

      (a) A registered voter applying to vote shall state his or her name to the election board officer in charge of the roster ; [,] and [the]

      (b) The election board officer shall [immediately announce] :

             (1) Announce the name [, instruct] of the registered voter;

             (2) Instruct the registered voter to sign the roster or signature card [, and verify] ;

             (3) Verify the signature of the registered voter in the manner set forth in NRS 293.277 [.] ; and

             (4) Verify that the registered voter has not already voted in that county in the current election.

      2.  If the signature does not match, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

      (b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

      (c) Providing the election board officer with proof of identification as described in NRS 293.277 other than the voter registration card issued to the voter . [at the time he or she registered to vote or was deemed to be registered to vote.]

      3.  If the signature of the voter has changed in comparison to the signature on the application to preregister or register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.

      Sec. 34. NRS 293.296 is hereby amended to read as follows:

      293.296  1.  Any registered voter who by reason of a physical disability or an inability to read or write English is unable to mark a ballot or use any voting device without assistance is entitled to assistance from a consenting person of his or her own choice, except:

      (a) The voter’s employer or an agent of the voter’s employer; or

      (b) An officer or agent of the voter’s labor organization.

      2.  A person providing assistance pursuant to this section to a voter in casting a vote shall not disclose any information with respect to the casting of that ballot.

      3.  The right to assistance in casting a ballot may not be denied or impaired when the need for assistance is apparent or is known to the election board or any member thereof or when the registered voter requests such assistance in any manner.

      4.  In addition to complying with the requirements of this section, the county clerk and election board officer shall, upon the request of a registered voter with a physical disability, make reasonable accommodations to allow the voter to vote at [his or her] a polling place [.] at which he or she is entitled to vote.

 


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

ê2019 Statutes of Nevada, Page 4074 (CHAPTER 619, AB 345)ê

 

      Sec. 35. NRS 293.3025 is hereby amended to read as follows:

      293.3025  The Secretary of State and each county and city clerk shall ensure that a copy of each of the following is posted in a conspicuous place at each polling place on election day:

      1.  A sample ballot;

      2.  Information concerning the date and hours of operation of the polling place;

      3.  Instructions for voting and casting a ballot, including a provisional ballot [;] pursuant to sections 5.1 to 9.8, inclusive, of this act or a provisional ballot pursuant to NRS 293.3081 to 293.3086, inclusive, and sections 10.3 and 10.6 of this act;

      4.  Instructions concerning the identification required for persons who registered by mail or computer and are first-time voters for federal office in this State;

      5.  Information concerning the accessibility of polling places to persons with disabilities;

      6.  General information concerning federal and state laws which prohibit acts of fraud and misrepresentation; and

      7.  Information concerning the eligibility of a candidate, a ballot question or any other matter appearing on the ballot as a result of a judicial determination or by operation of law, if any.

      Sec. 35.5. NRS 293.303 is hereby amended to read as follows:

      293.303  1.  A person applying to vote may be challenged:

      (a) Orally by any registered voter of the precinct upon the ground that he or she is not the person entitled to vote as claimed or has voted before at the same election. A registered voter who initiates a challenge pursuant to this paragraph must submit an affirmation that is signed under penalty of perjury and in the form prescribed by the Secretary of State stating that the challenge is based on the personal knowledge of the registered voter.

      (b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.

      2.  If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:

      (a) If the challenge is on the ground that the challenged person does not belong to the political party designated upon the roster, “I swear or affirm under penalty of perjury that I belong to the political party designated upon the roster”;

      (b) If the challenge is on the ground that the roster does not show that the challenged person designated the political party to which he or she claims to belong, “I swear or affirm under penalty of perjury that I designated on the application to register to vote the political party to which I claim to belong”;

      (c) If the challenge is on the ground that the challenged person does not reside at the residence for which the address is listed in the roster, “I swear or affirm under penalty of perjury that I reside at the residence for which the address is listed in the roster”;

      (d) If the challenge is on the ground that the challenged person previously voted a ballot for the election, “I swear or affirm under penalty of perjury that I have not voted for any of the candidates or questions included on this ballot for this election”; or

      (e) If the challenge is on the ground that the challenged person is not the person he or she claims to be, “I swear or affirm under penalty of perjury that I am the person whose name is in this roster.”

 


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

ê2019 Statutes of Nevada, Page 4075 (CHAPTER 619, AB 345)ê

 

Ê The oath or affirmation must be set forth on a form prepared by the Secretary of State and signed by the challenged person under penalty of perjury.

      3.  Except as otherwise provided in subsection 4, if the challenged person refuses to execute the oath or affirmation so tendered, the person must not be issued a ballot, and the election board officer shall indicate in the roster “Challenged” by the person’s name.

      4.  If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) or (b) of subsection 2, the election board officers shall issue the person a nonpartisan ballot.

      5.  If the challenged person refuses to execute the oath or affirmation set forth in paragraph (c) of subsection 2, the election board officers shall inform the person that he or she is entitled to vote only in the manner prescribed in NRS 293.304.

      6.  If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (e) of subsection 2, the election board officers shall issue the person a partisan ballot.

      7.  If the challenge is based on the ground set forth in paragraph (c) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he or she furnishes satisfactory identification which contains proof of the address at which the person actually resides. For the purposes of this subsection, a voter registration card [issued pursuant to NRS 293.517] does not provide proof of the address at which a person resides.

      8.  If the challenge is based on the ground set forth in paragraph (e) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless the person:

      (a) Furnishes official identification which contains a photograph of the person, such as a driver’s license or other official document; or

      (b) Brings before the election board officers a person who is at least 18 years of age who:

             (1) Furnishes official identification which contains a photograph of that person, such as a driver’s license or other official document; and

             (2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he or she swears to be.

      9.  The election board officers shall:

      (a) Record on the challenge list:

             (1) The name of the challenged person;

             (2) The name of the registered voter who initiated the challenge; and

             (3) The result of the challenge; and

      (b) If possible, orally notify the registered voter who initiated the challenge of the result of the challenge.

      Sec. 36. NRS 293.305 is hereby amended to read as follows:

      293.305  1.  If at the hour of closing the polls there are any [registered] :

      (a) Registered voters waiting in line to apply to vote [,] at the polling place; or

      (b) Electors waiting in line to apply to register to vote or apply to vote at the polling place pursuant to sections 5.1 to 9.8, inclusive, of this act,

Ê the doors of the polling place must be closed after all [such] those registered voters and electors have been admitted to the polling place. [Voting,] The registration of those electors and the voting by those registered voters and electors must continue until [those voters have voted.]

 


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

ê2019 Statutes of Nevada, Page 4076 (CHAPTER 619, AB 345)ê

 

registered voters and electors must continue until [those voters have voted.] all such registration and voting has been completed.

      2.  The deputy sheriff shall allow other persons to enter the polling place after the doors have been closed pursuant to subsection 1 for the purpose of observing or any other legitimate purpose if there is room within the polling place and [such] the admittance of the other persons will not interfere unduly with the registration of the electors and the voting [.] by the registered voters and electors.

      Sec. 37. NRS 293.3081 is hereby amended to read as follows:

      293.3081  A person at a polling place may cast a provisional ballot in an election [to vote for a candidate for federal office] pursuant to NRS 293.3081 to 293.3086, inclusive, and sections 10.3 and 10.6 of this act if the person complies with the applicable provisions of NRS 293.3082 and:

      1.  Declares that he or she has registered to vote and is eligible to vote at that election in that jurisdiction, but his or her name does not appear on a voter registration list as a voter eligible to vote in that election in that jurisdiction or an election official asserts that the person is not eligible to vote in that election in that jurisdiction;

      2.  Applies by mail or computer, on or after January 1, 2003, to register to vote and has not previously voted in an election for federal office in this State and fails to provide the identification required pursuant to paragraph (a) of subsection 1 of NRS 293.2725 to the election board officer at the polling place; or

      3.  Declares that he or she is entitled to vote after the polling place would normally close as a result of a court order or other order extending the time established for the closing of polls pursuant to a law of this State in effect 10 days before the date of the election.

      Sec. 38. NRS 293.3082 is hereby amended to read as follows:

      293.3082  1.  Before a person may cast a provisional ballot pursuant to NRS 293.3081, the person must complete a written affirmation on a form provided by an election board officer, as prescribed by the Secretary of State, at the polling place which includes:

      (a) The name of the person casting the provisional ballot;

      (b) The reason for casting the provisional ballot;

      (c) A statement in which the person casting the provisional ballot affirms under penalty of perjury that he or she is a registered voter in the jurisdiction and is eligible to vote in the election;

      (d) The date and type of election;

      (e) The signature of the person casting the provisional ballot;

      (f) The signature of the election board officer;

      (g) A unique affirmation identification number assigned to the person casting the provisional ballot;

      (h) If the person is casting the provisional ballot pursuant to subsection 1 of NRS 293.3081:

             (1) An indication by the person as to whether or not he or she provided the required identification at the time the person applied to register to vote;

             (2) The address of the person as listed on the application to register to vote;

             (3) Information concerning the place, manner and approximate date on which the person applied to register to vote;

 


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

ê2019 Statutes of Nevada, Page 4077 (CHAPTER 619, AB 345)ê

 

             (4) Any other information that the person believes may be useful in verifying that the person has registered to vote; and

             (5) A statement informing the voter that if the voter does not provide identification at the time the voter casts the provisional ballot, the required identification must be provided to the county or city clerk not later than 5 p.m. on the Friday following election day and that failure to do so will result in the provisional ballot not being counted;

      (i) If the person is casting the provisional ballot pursuant to subsection 2 of NRS 293.3081:

             (1) The address of the person as listed on the application to register to vote;

             (2) The voter registration number, if any, issued to the person; and

             (3) A statement informing the voter that the required identification must be provided to the county or city clerk not later than 5 p.m. on the Friday following election day and that failure to do so will result in the provisional ballot not being counted; and

      (j) If the person is casting the provisional ballot pursuant to subsection 3 of NRS 293.3081, the voter registration number, if any, issued to the person.

      2.  After a person completes a written affirmation pursuant to subsection 1:

      (a) The election board officer shall provide the person with a receipt that includes the unique affirmation identification number described in subsection 1 and that explains how the person may use the free access system established pursuant to NRS 293.3086 to ascertain whether the person’s vote was counted, and, if the vote was not counted, the reason why the vote was not counted;

      (b) The voter’s name and applicable information must be entered into the roster in a manner which indicates that the voter cast a provisional ballot; and

      (c) The election board officer shall issue a provisional ballot to the person to vote . [only for candidates for federal offices.]

      Sec. 39. NRS 293.3083 is hereby amended to read as follows:

      293.3083  A person may cast a ballot by mail , [to vote for a candidate for federal office,] which must be treated as a provisional ballot by the county or city clerk if the person:

      1.  Applies by mail or computer to register to vote and has not previously voted in an election for federal office in this State;

      2.  Fails to provide the identification required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 to the county or city clerk at the time that the person mails the ballot; and

      3.  Completes the written affirmation set forth in subsection 1 of NRS 293.3082.

      Secs. 40 and 41. (Deleted by amendment.)

      Sec. 42. NRS 293.3095 is hereby amended to read as follows:

      293.3095  1.  A person who, during the 6 months immediately preceding an election, distributes to more than a total of 500 registered voters a form to request an absent ballot for the election shall:

      (a) Distribute the form prescribed by the Secretary of State, which must, in 14-point type or larger:

             (1) Identify the person who is distributing the form; and

             (2) Include a notice stating, “This is a request for an absent ballot.”;

      (b) Not later than [14] 28 days before distributing such a form, provide to the county clerk of each county to which a form will be distributed written notification of the approximate number of forms to be distributed to voters in the county and of the first date on which the forms will be distributed;

 


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

ê2019 Statutes of Nevada, Page 4078 (CHAPTER 619, AB 345)ê

 

notification of the approximate number of forms to be distributed to voters in the county and of the first date on which the forms will be distributed;

      (c) Not return or offer to return to a county clerk a form that was mailed to a registered voter pursuant to this subsection; and

      (d) Not mail such a form later than [21] 35 days before the election.

      2.  The provisions of this section do not authorize a person to vote by absent ballot if the person is not otherwise eligible to vote by absent ballot.

      Sec. 43. NRS 293.313 is hereby amended to read as follows:

      293.313  1.  Except as otherwise provided in NRS 293.272 and 293.502, a registered voter may request an absent ballot if, before 5 p.m. on the [seventh] 14th calendar day preceding the election, the registered voter:

      (a) Provides sufficient written notice to the county clerk; and

      (b) Has identified himself or herself to the satisfaction of the county clerk.

      2.  A registered voter may request an absent ballot for all elections held during the year he or she requests an absent ballot.

      3.  A county clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as a request for an absent ballot for the primary and general elections immediately following the date on which the county clerk received the request.

      4.  It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 44. NRS 293.3165 is hereby amended to read as follows:

      293.3165  1.  A registered voter [with a physical disability or] who [is at least 65 years of age and] provides sufficient written notice to the appropriate county clerk may request that the registered voter receive an absent ballot for all elections at which the registered voter is eligible to vote.

      2.  Except as otherwise provided in subsection 4, upon receipt of a request submitted by a registered voter pursuant to subsection 1, the county clerk shall:

      (a) Issue an absent ballot to the registered voter for each primary election, general election and special election other than a special city election that is conducted after the date the written statement is submitted to the county clerk.

      (b) Inform the applicable city clerk of receipt of the written statement. Upon receipt of the notice from the county clerk, the city clerk shall issue an absent ballot for each primary city election, general city election and special city election that is conducted after the date the city clerk receives notice from the county clerk.

      3.  If, at the direction of the registered voter [,] with a physical disability or who is at least 65 years of age, a person:

      (a) Marks and signs an absent ballot issued to the registered voter pursuant to the provisions of this section on behalf of the registered voter, the person must:

             (1) Indicate next to his or her signature that the ballot has been marked and signed on behalf of the registered voter; and

             (2) Submit a written statement with the absent ballot that includes the name, address and signature of the person.

 


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

ê2019 Statutes of Nevada, Page 4079 (CHAPTER 619, AB 345)ê

 

      (b) Assists a registered voter to mark and sign an absent ballot issued to the registered voter pursuant to the provisions of this section, the person or registered voter must submit a written statement with the absent ballot that includes the name, address and signature of the person.

      4.  A county clerk may not mail an absent ballot requested by a registered voter pursuant to subsection 1 if, after the request is submitted:

      (a) The registered voter is designated inactive pursuant to NRS 293.530; [or]

      (b) The county clerk cancels the registration of the person pursuant NRS 293.527, 293.530, 293.535 or 293.540 [.] ; or

      (c) An absent ballot is returned to the county clerk as undeliverable, unless the registered voter has submitted a new request pursuant to subsection 1.

      5.  The procedure authorized pursuant to this section is subject to all other provisions of this chapter relating to voting by absent ballot to the extent that those provisions are not inconsistent with the provisions of this section.

      Sec. 45. NRS 293.317 is hereby amended to read as follows:

      293.317  [Absent]

      1.  Except as otherwise provided in subsection 2, absent ballots, including special absent ballots, [received] must be:

      (a) Delivered by hand to the county [or city] clerk [after] before the time set for closing of the polls [are closed] pursuant to NRS 293.273; or

      (b) Mailed to the county clerk and:

             (1) Postmarked on or before the day of election [. are invalid.] ; and

             (2) Received by the county clerk within the period for the counting of absent ballots pursuant to subsection 2 of NRS 293.333.

      2.  If an absent ballot is received not more than 3 days after the day of the election and the date of the postmark cannot be determined, the absent ballot shall be deemed to have been postmarked on or before the day of the election.

      Sec. 46. NRS 293.325 is hereby amended to read as follows:

      293.325  1.  Except as otherwise provided in [subsection 2 and] NRS 293D.200, when an absent ballot is returned by a registered voter to the county clerk through the mail, by facsimile machine or other approved electronic transmission or in person, and record thereof is made in the absent ballot record book, the county clerk shall check the signature in accordance with the following procedure:

      (a) The county clerk shall check the signature on the return envelope, facsimile or other approved electronic transmission against all signatures of the voter available in the records of the county clerk.

      (b) If at least two employees in the office of the county clerk believe there is a reasonable question of fact as to whether the signature on the absent ballot matches the signature of the voter, the county clerk shall contact the voter and ask the voter to confirm whether the signature on the absent ballot belongs to the voter.

      2.  Except as otherwise provided in subsection 3, if the county clerk determines pursuant to subsection 1 that the absent voter is entitled to cast a ballot and:

      (a) No absent ballot central counting board has been appointed, the county clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the appropriate election board.

 


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

ê2019 Statutes of Nevada, Page 4080 (CHAPTER 619, AB 345)ê

 

absent ballot received that day in a container and deliver, or cause to be delivered, that container to the appropriate election board.

      [2.  Except as otherwise provided in NRS 293D.200, if an]

      (b) An absent ballot central counting board has been appointed, [when an absent ballot is returned by a registered voter to the county clerk through the mail, by facsimile machine or other approved electronic transmission or in person, the county clerk shall check the signature on the return envelope, facsimile or other approved electronic transmission against the original signature of the voter on the county clerk’s register. If the county clerk determines that the absent voter is entitled to cast a ballot,] the county clerk shall deposit the ballot in the proper ballot box or place the ballot, unopened, in a container that must be securely locked or under the control of the county clerk at all times. At the end of each day before election day, the county clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. Not earlier than 4 working days before the election, the county clerk shall deliver the ballots to the absent ballot central counting board to be processed and prepared for counting pursuant to the procedures established by the Secretary of State to ensure the confidentiality of the prepared ballots until after the polls have closed pursuant to NRS 293.273 or 293.305.

      3.  If the county clerk determines when checking the signature of the voter pursuant to subsection 1 that the absent voter did not sign the return envelope as required pursuant to NRS 293.330 but is otherwise entitled to cast a ballot, the county clerk shall contact the absent voter and advise the voter of the procedures to provide a signature established pursuant to subsection 4. For the absent ballot to be counted, the absent voter must provide a signature within the period for the counting of absent ballots pursuant to subsection 2 of NRS 293.333.

      4.  Each county clerk shall prescribe procedures for a voter who did not sign the return envelope of an absent ballot in order to:

      (a) Contact the voter;

      (b) Allow the voter to provide a signature; and

      (c) After a signature is provided, ensure the absent ballot is delivered to the appropriate election board or the absent ballot central counting board, as applicable.

      Sec. 47. NRS 293.330 is hereby amended to read as follows:

      293.330  1.  Except as otherwise provided in subsection 2 of NRS 293.323 and chapter 293D of NRS, and any regulations adopted pursuant thereto, when an absent voter receives an absent ballot, the absent voter must mark and fold it in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his or her signature on the back of the envelope in the space provided therefor and mail or deliver the return envelope.

      2.  Except as otherwise provided in subsection 3, if an absent voter who has requested a ballot by mail applies to vote the ballot in person at:

      (a) The office of the county clerk, the absent voter must mark the ballot, seal it in the return envelope and affix his or her signature in the same manner as provided in subsection 1, and deliver the envelope to the clerk.

      (b) A polling place, including, without limitation, a polling place for early voting, the absent voter must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it “Cancelled.”

 


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

ê2019 Statutes of Nevada, Page 4081 (CHAPTER 619, AB 345)ê

 

      3.  If an absent voter who has requested a ballot by mail applies to vote in person at the office of the county clerk or a polling place, including, without limitation, a polling place for early voting, and the voter does not have the absent ballot to deliver or surrender, the voter must be issued a ballot to vote if the voter:

      (a) Provides satisfactory identification;

      (b) Is a registered voter who is otherwise entitled to vote; and

      (c) Signs an affirmation under penalty of perjury on a form prepared by the Secretary of State declaring that the voter has not voted during the election.

      4.  Except as otherwise provided in NRS 293.316 and 293.3165, it is unlawful for any person to return an absent ballot other than the voter who requested the absent ballot or, at the request of the voter, a member of the voter’s family. A person who returns an absent ballot and who is a member of the family of the voter who requested the absent ballot shall, under penalty of perjury, indicate on a form prescribed by the county clerk that the person is a member of the family of the voter who requested the absent ballot and that the voter requested that the person return the absent ballot. A person who violates the provisions of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 48. NRS 293.333 is hereby amended to read as follows:

      293.333  1.  Except as otherwise provided in NRS 293D.200, on the day of an election, the election boards receiving the absent voters’ ballots from the county clerk shall, in the presence of a majority of the election board officers, remove the ballots from the ballot box and the containers in which the ballots were transported pursuant to NRS 293.325 and deposit the ballots in the regular ballot box in the following manner:

      [1.](a) The name of the voter, as shown on the return envelope or approved electronic transmission must be called and checked as if the voter were voting in person;

      [2.](b) The signature on the back of the return envelope or on the approved electronic transmission must be compared with that on the application to register to vote;

      [3.](c) If the board determines that the absent voter is entitled to cast a ballot, the envelope must be opened, the numbers on the ballot and envelope or approved electronic transmission compared, the number strip or stub detached from the ballot and, if the numbers are the same, the ballot deposited in the regular ballot box; and

      [4.](d) The election board officers shall indicate in the roster “Voted” by the name of the voter.

      2.  Counting of absent ballots must continue through the seventh day following the election.

      Sec. 49. NRS 293.3568 is hereby amended to read as follows:

      293.3568  1.  The period for early voting by personal appearance begins the third Saturday preceding a primary or general election and extends through the Friday before election day, Sundays and federal holidays excepted.

      2.  The county clerk may:

      (a) Include any Sunday or federal holiday that falls within the period for early voting by personal appearance.

      (b) Require a permanent polling place for early voting to remain open until 8 p.m. on any Saturday that falls within the period for early voting.

      3.  A permanent polling place for early voting must remain open:

 


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

ê2019 Statutes of Nevada, Page 4082 (CHAPTER 619, AB 345)ê

 

      (a) On Monday through Friday [:

             (1) During the first week of early voting, from 8 a.m. until 6 p.m.

             (2) During the second week of early voting, from 8 a.m. until 6 p.m., or until 8 p.m. if] during the period for early voting, for at least 8 hours during such hours as the county clerk [so requires.] may establish.

      (b) On any Saturday that falls within the period for early voting, for at least 4 hours [between 10 a.m. and 6 p.m.] during such hours as the county clerk may establish.

      (c) If the county clerk includes a Sunday that falls within the period for early voting, pursuant to subsection 2, during such hours as the county clerk may establish.

      Sec. 50. NRS 293.3576 is hereby amended to read as follows:

      293.3576  1.  The county clerk shall publish during the week before the period for early voting and at least once each week during the period for early voting in a newspaper of general circulation a schedule stating:

      (a) The location of each permanent and temporary polling place for early voting.

      (b) The dates and hours that early voting will be conducted at each location.

      2.  The county clerk shall post a copy of the schedule on the bulletin board used for posting notice of meetings of the board of county commissioners. The schedule must be posted continuously for a period beginning not later than the fifth day before the first day of the period for early voting by personal appearance and ending on the last day of that period.

      3.  The county clerk shall make copies of the schedule available to the public in reasonable quantities without charge during the period of posting.

      4.  No additional polling places for early voting may be established after the schedule is published pursuant to this section.

      5.  The hours that early voting will be conducted at each polling place for early voting may be extended at the discretion of the county clerk after the schedule is published pursuant to this section.

      Sec. 51. NRS 293.3585 is hereby amended to read as follows:

      293.3585  1.  Except as otherwise provided in NRS 293.283 [,] and sections 5.1 to 9.8, inclusive, of this act, upon the appearance of a person to cast a ballot for early voting, an election board officer shall:

      (a) Determine that the person is a registered voter in the county.

      (b) Instruct the voter to sign the roster for early voting [,] or a signature card.

      (c) Verify the signature of the voter in the manner set forth in NRS 293.277.

      (d) Verify that the voter has not already voted in that county in the current election . [pursuant to this section.]

      2.  If the signature of the voter does not match, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

      (b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

      (c) Providing the election board officer with proof of identification as described in NRS 293.277 other than the voter registration card issued to the voter . [at the time he or she registered to vote or was deemed to be registered to vote.]

 


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

ê2019 Statutes of Nevada, Page 4083 (CHAPTER 619, AB 345)ê

 

      3.  If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.

      4.  The county clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that county in the current election . [pursuant to this section.]

      5.  The roster for early voting or a signature card, as applicable, must contain:

      (a) The voter’s name, the address where he or she is registered to vote, his or her voter identification number and a place for the voter’s signature;

      (b) The voter’s precinct or voting district number, if that information is available; and

      (c) The date of voting early in person.

      6.  When a voter is entitled to cast a ballot and has identified himself or herself to the satisfaction of the election board officer, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use at the polling place for early voting.

      7.  If the ballot is voted on a mechanical recording device which directly records the votes electronically, the election board officer shall:

      (a) Prepare the mechanical recording device for the voter;

      (b) Ensure that the voter’s precinct or voting district, if that information is available, and the form of ballot are indicated on the voting receipt, if the county clerk uses voting receipts; and

      (c) Allow the voter to cast a vote.

      8.  A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293.303.

      Sec. 52. NRS 293.3604 is hereby amended to read as follows:

      293.3604  If ballots which are voted on a mechanical recording device which directly records the votes electronically are used during the period for early voting by personal appearance : [in an election other than a presidential preference primary election:]

      1.  At the close of each voting day, the election board shall:

      (a) Prepare and sign a statement for the polling place. The statement must include:

             (1) The title of the election;

             (2) The number which identifies the mechanical recording device and the storage device required pursuant to NRS 293B.084;

             (3) The number of ballots voted on the mechanical recording device for that day;

             (4) The number of signatures in the roster for early voting for that day; [and]

             (5) The number of signatures on signature cards for the day [.] ; and

             (6) The number of signatures in the roster designated for electors who applied to register to vote or applied to vote at the polling place pursuant to sections 5.1 to 9.8, inclusive, of this act.

      (b) Secure:

             (1) The ballots pursuant to the plan for security required by NRS 293.3594; and

             (2) Each mechanical voting device in the manner prescribed by the Secretary of State pursuant to NRS 293.3594.

      2.  At the close of the last voting day, the county clerk shall deliver to the ballot board for early voting:

 


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

ê2019 Statutes of Nevada, Page 4084 (CHAPTER 619, AB 345)ê

 

      (a) The statements for all polling places for early voting;

      (b) The voting rosters used for early voting;

      (c) The signature cards used for early voting;

      (d) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used during the period for early voting; and

      (e) Any other items as determined by the county clerk.

      3.  Upon receipt of the items set forth in subsection 2 at the close of the last voting day, the ballot board for early voting shall:

      (a) Indicate the number of ballots on an official statement of ballots; and

      (b) Place the storage devices in the container provided to transport those items to the central counting place and seal the container with a numbered seal. The official statement of ballots must accompany the storage devices to the central counting place.

      Sec. 52.2. NRS 293.387 is hereby amended to read as follows:

      293.387  1.  As soon as the returns from all the precincts and districts in any county have been received by the board of county commissioners, the board shall meet and canvass the returns. The canvass must be completed on or before the [sixth working] 10th day following the election.

      2.  In making its canvass, the board shall:

      (a) Note separately any clerical errors discovered; and

      (b) Take account of the changes resulting from the discovery, so that the result declared represents the true vote cast.

      3.  The county clerk shall, as soon as the result is declared, enter upon the records of the board an abstract of the result, which must contain the number of votes cast for each candidate. The board, after making the abstract, shall cause the county clerk to certify the abstract and, by an order made and entered in the minutes of its proceedings, to make:

      (a) A copy of the certified abstract; and

      (b) A mechanized report of the abstract in compliance with regulations adopted by the Secretary of State,

Ê and transmit them to the Secretary of State not more than 7 working days after the election.

      4.  The Secretary of State shall, immediately after any primary election, compile the returns for all candidates voted for in more than one county. The Secretary of State shall make out and file in his or her office an abstract thereof, and shall certify to the county clerk of each county the name of each person nominated, and the name of the office for which the person is nominated.

      Sec. 52.4. NRS 293.393 is hereby amended to read as follows:

      293.393  1.  On or before the [sixth working] 10th day after any general election or any other election at which votes are cast for any United States Senator, Representative in Congress, member of the Legislature or any state officer who is elected statewide, the board of county commissioners shall open the returns of votes cast and make abstracts of the votes.

      2.  Abstracts of votes must be prepared in the manner prescribed by the Secretary of State by regulation.

      3.  The county clerk shall make out a certificate of election to each of the persons having the highest number of votes for the district, county and township offices.

      4.  Each certificate must be delivered to the person elected upon application at the office of the county clerk.

 


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

ê2019 Statutes of Nevada, Page 4085 (CHAPTER 619, AB 345)ê

 

      Sec. 52.6. NRS 293.437 is hereby amended to read as follows:

      293.437  1.  The county or city clerk may designate any building, public or otherwise, or any portion of a building, as the site for any polling place or any number of polling places for any of the precincts or districts in the county or city.

      2.  If, in the opinion of the county or city clerk, the convenience and comfort of the voters and election officers will be best served by putting two or more polling places in any such building, or if, in the opinion of the county or city clerk, the expense to the county or city for polling places can be diminished by putting two or more polling places in any such building, the county or city clerk may so provide.

      3.  In precincts where there are no public buildings or other appropriate locations owned by the State, county, township, city, town or precinct, privately owned locations may be rented at a rate not to exceed $35 for each election if only one precinct is involved and at a rate not to exceed $50 for each election if more than one precinct is involved.

      4.  The legal rights and remedies which inure to the owner or lessor of private property are not impaired or otherwise affected by the leasing of the property for use as a polling place pursuant to subsection 3, except to the extent necessary to conduct voting at that location.

      Sec. 53. NRS 293.4689 is hereby amended to read as follows:

      293.4689  1.  If a county clerk maintains a website on the Internet for information related to elections, the website must contain public information maintained, collected or compiled by the county clerk that relates to elections, which must include, without limitation:

      (a) The locations of polling places for casting a ballot on election day in such a format that a registered voter may search the list to determine the location of the polling place or places at which the registered voter is [required] entitled to cast a ballot; and

      (b) The abstract of votes required pursuant to the provisions of NRS 293.388.

      2.  The abstract of votes required to be maintained on the website pursuant to paragraph (b) of subsection 1 must be maintained in such a format as to permit the searching of the abstract of votes for specific information.

      3.  If the information required to be maintained by a county clerk pursuant to subsection 1 may be obtained by the public from a website on the Internet maintained by the Secretary of State, another county clerk or a city clerk, the county clerk may provide a hyperlink to that website to comply with the provisions of subsection 1 with regard to that information.

      Sec. 54. NRS 293.469 is hereby amended to read as follows:

      293.469  Each county clerk is encouraged to:

      1.  Not later than the earlier date of the notice provided pursuant to NRS 293.203 or the first notice provided pursuant to subsection [4] 3 of NRS 293.560, notify the public, through means designed to reach members of the public who are elderly or disabled, of the provisions of NRS 293.2955, 293.296, 293.313, 293.316 and 293.3165.

      2.  Provide in alternative audio and visual formats information concerning elections, information concerning how to preregister or register to vote and information concerning the manner of voting for use by a person who is elderly or disabled, including, without limitation, providing such information through a telecommunications device that is accessible to a person who is deaf.

 


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

ê2019 Statutes of Nevada, Page 4086 (CHAPTER 619, AB 345)ê

 

who is elderly or disabled, including, without limitation, providing such information through a telecommunications device that is accessible to a person who is deaf.

      3.  Not later than 5 working days after receiving the request of a person who is elderly or disabled, provide to the person, in a format that can be used by the person, any requested material that is:

      (a) Related to elections; and

      (b) Made available by the county clerk to the public in printed form.

      Sec. 54.5. NRS 293.4695 is hereby amended to read as follows:

      293.4695  1.  Each county clerk shall collect the following information regarding each primary and general election, on a form provided by the Secretary of State and made available at each polling place in the county, each polling place for early voting in the county, the office of the county clerk and any other location deemed appropriate by the Secretary of State:

      (a) The number of ballots that have been discarded or for any reason not included in the final canvass of votes, along with an explanation for the exclusion of each such ballot from the final canvass of votes.

      (b) A report on each malfunction of any mechanical voting system, including, without limitation:

             (1) Any known reason for the malfunction;

             (2) The length of time during which the mechanical voting system could not be used;

             (3) Any remedy for the malfunction which was used at the time of the malfunction; and

             (4) Any effect the malfunction had on the election process.

      (c) A list of each polling place not open during the time prescribed pursuant to NRS 293.273 and an account explaining why each such polling place was not open during the time prescribed pursuant to NRS 293.273.

      (d) A description of each challenge made to the eligibility of a voter pursuant to NRS 293.303 and the result of each such challenge.

      (e) A description of each complaint regarding a ballot cast by mail or facsimile filed with the county clerk and the resolution, if any, of the complaint.

      (f) The results of any audit of election procedures and practices conducted pursuant to regulations adopted by the Secretary of State pursuant to this chapter.

      (g) The number of provisional ballots cast pursuant to sections 5.1 to 9.8, inclusive, of this act.

      (h) The number of provisional ballots cast pursuant to NRS 293.3081 to 293.3086, inclusive, and sections 10.3 and 10.6 of this act and the reason for the casting of each such provisional ballot.

      2.  Each county clerk shall submit to the Secretary of State, on a form provided by the Secretary of State, the information collected pursuant to subsection 1 not more than 60 days after each primary and general election.

      3.  The Secretary of State may contact any political party and request information to assist in the investigation of any allegation of voter intimidation.

      4.  The Secretary of State shall establish and maintain an Internet website pursuant to which the Secretary of State shall solicit and collect voter comments regarding election processes.

      5.  The Secretary of State shall compile the information and comments collected pursuant to this section into a report and shall submit the report to the Director of the Legislative Counsel Bureau for transmission to the Legislature not sooner than 30 days before and not later than 30 days after the first day of each regular session of the Legislature.

 


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

ê2019 Statutes of Nevada, Page 4087 (CHAPTER 619, AB 345)ê

 

the Director of the Legislative Counsel Bureau for transmission to the Legislature not sooner than 30 days before and not later than 30 days after the first day of each regular session of the Legislature.

      6.  The Secretary of State may make the report required pursuant to subsection 5 available on an Internet website established and maintained by the Secretary of State.

      Sec. 55. (Deleted by amendment.)

      Sec. 56. NRS 293.4855 is hereby amended to read as follows:

      293.4855  1.  Every citizen of the United States who is 17 years of age or older but less than 18 years of age and has continuously resided in this State for 30 days or longer may preregister to vote by any of the [means] methods available for a person to register to vote pursuant to this title. A person eligible to preregister to vote is deemed to be preregistered to vote upon the submission of a completed application to preregister to vote.

      2.  If a person preregisters to vote, he or she shall be deemed to be a registered voter on his or her 18th birthday unless:

      (a) The person’s preregistration has been cancelled as described in subsection 7; or

      (b) Except as otherwise provided in NRS 293D.210, on the person’s 18th birthday, he or she does not satisfy the voter eligibility requirements set forth in NRS 293.485.

      3.  The county clerk shall issue to a person who is deemed to be registered to vote pursuant to subsection 2 a voter registration card [as described in subsection 6 of NRS 293.517] as soon as practicable after the person is deemed to be registered to vote [.] , but the issuance of a voter registration card to the person is not a prerequisite to vote in an election.

      4.  On the date that a person who preregisters to vote is deemed to be registered to vote, his or her application to preregister to vote is deemed to be his or her application to register to vote.

      5.  If a person preregistered to vote:

      (a) By mail or computer, he or she shall be deemed to have registered to vote by mail or computer, as applicable.

      (b) In person, he or she shall be deemed to have registered to vote in person.

      6.  The preregistration information of a person may be updated by any of the [means] methods for updating the voter registration information of a person pursuant to this chapter.

      7.  The preregistration to vote of a person may be cancelled by any of the means and for any of the reasons for cancelling voter registration pursuant to this chapter.

      8.  Except as otherwise provided in this subsection, all preregistration information relating to a person is confidential and is not a public record. Once a person’s application to preregister to vote is deemed to be an application to register to vote, any voter registration information related to the person must be disclosed pursuant to any law that requires voter registration information to be disclosed.

      9.  The Secretary of State shall adopt regulations providing for preregistration to vote. The regulations:

      (a) Must include, without limitation, provisions to ensure that once a person is deemed to be a registered voter pursuant to subsection 2 , the person is [immediately] issued a voter registration card as soon as practicable and is immediately added to the statewide voter registration list and the registrar of voters’ register; and

 


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

ê2019 Statutes of Nevada, Page 4088 (CHAPTER 619, AB 345)ê

 

practicable and is immediately added to the statewide voter registration list and the registrar of voters’ register; and

      (b) Must not require a county clerk to provide to a person who preregisters to vote sample ballots or any other voter information provided to registered voters unless the person will be eligible to vote at the election for which the sample ballots or other information is provided.

      Sec. 56.5. NRS 293.505 is hereby amended to read as follows:

      293.505  1.  All justices of the peace, except those located in county seats, are ex officio field registrars to carry out the provisions of this chapter.

      2.  The county clerk shall appoint at least one registered voter to serve as a field registrar of voters who, except as otherwise provided in NRS 293.5055, shall preregister and register voters within the county for which the field registrar is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a field registrar. A field registrar serves at the pleasure of the county clerk and shall perform such duties as the county clerk may direct. The county clerk shall not knowingly appoint any person as a field registrar who has been convicted of a felony involving theft or fraud. The Secretary of State may bring an action against a county clerk to collect a civil penalty of not more than $5,000 for each person who is appointed as a field registrar in violation of this subsection. Any civil penalty collected pursuant to this subsection must be deposited with the State Treasurer for credit to the State General Fund.

      3.  A field registrar shall demand of any person who applies for preregistration or registration all information required by the application to preregister or register to vote, as applicable, and shall administer all oaths required by this chapter.

      4.  When a field registrar has in his or her possession five or more completed applications to preregister or register to vote, the field registrar shall forward them to the county clerk, but in no case may the field registrar hold any number of them for more than 10 days.

      5.  Each field registrar shall forward to the county clerk all completed applications in his or her possession immediately after the last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable. Within 5 days after the last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable, a field registrar shall return all unused applications in his or her possession to the county clerk. If all of the unused applications are not returned to the county clerk, the field registrar shall account for the unreturned applications.

      6.  Each field registrar shall submit to the county clerk a list of the serial numbers of the completed applications to preregister or register to vote and the names of the electors on those applications. The serial numbers must be listed in numerical order.

      7.  Each field registrar shall post notices sent to him or her by the county clerk for posting in accordance with the election laws of this State.

      8.  A field registrar, employee of a voter registration agency or person assisting a voter pursuant to [subsection 13 of] NRS 293.5235 shall not:

      (a) Delegate any of his or her duties to another person; or

      (b) Refuse to preregister or register a person on account of that person’s political party affiliation.

      9.  A person shall not hold himself or herself out to be or attempt to exercise the duties of a field registrar unless the person has been so appointed.

 


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

ê2019 Statutes of Nevada, Page 4089 (CHAPTER 619, AB 345)ê

 

      10.  A county clerk, field registrar, employee of a voter registration agency or person assisting another person pursuant to [subsection 13 of] NRS 293.5235 shall not:

      (a) Solicit a vote for or against a particular question or candidate;

      (b) Speak to a person on the subject of marking his or her ballot for or against a particular question or candidate; or

      (c) Distribute any petition or other material concerning a candidate or question which will be on the ballot for the ensuing election,

Ê while preregistering or registering the person.

      11.  When the county clerk receives applications to preregister or register to vote from a field registrar, the county clerk shall issue a receipt to the field registrar. The receipt must include:

      (a) The number of persons preregistered or registered; and

      (b) The political party of the persons preregistered or registered.

      12.  A county clerk, field registrar, employee of a voter registration agency or person assisting another person pursuant to [subsection 13 of] NRS 293.5235 shall not:

      (a) Knowingly:

             (1) Register a person who is not a qualified elector or a person who has filed a false or misleading application to register to vote; or

             (2) Preregister a person who does not meet the qualifications set forth in NRS 293.4855; or

      (b) Preregister or register a person who fails to provide satisfactory proof of identification and the address at which the person actually resides.

      13.  A county clerk, field registrar, employee of a voter registration agency, person assisting another person pursuant to [subsection 13 of] NRS 293.5235 or any other person providing a form for the application to preregister or register to vote to an elector for the purpose of preregistering or registering to vote:

      (a) If the person who assists another person with completing the form for the application to preregister or register to vote retains the form, shall enter his or her name on the duplicate copy or receipt retained by the person upon completion of the form; and

      (b) Shall not alter, deface or destroy an application to preregister or register to vote that has been signed by a person except to correct information contained in the application after receiving notice from the person that a change in or addition to the information is required.

      14.  If a field registrar violates any of the provisions of this section, the county clerk shall immediately suspend the field registrar and notify the district attorney of the county in which the violation occurred.

      15.  A person who violates any of the provisions of subsection 8, 9, 10, 12 or 13 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 57. NRS 293.506 is hereby amended to read as follows:

      293.506  1.  A county clerk may, with approval of the board of county commissioners, establish a system for using a computer to register voters and to keep records of registration.

      2.  A system established pursuant to subsection 1 must:

      (a) Comply with any procedures and requirements prescribed by the Secretary of State pursuant to NRS 293.250; and

      (b) Allow a person to preregister to vote and the county clerk to keep records of preregistration by computer.

 


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

ê2019 Statutes of Nevada, Page 4090 (CHAPTER 619, AB 345)ê

 

      3.  Except as otherwise provided in sections 5.1 to 9.8, inclusive, of this act, regardless of whether a county clerk establishes a system pursuant to subsection 1, the county clerk shall accept applications to preregister and register to vote submitted by computer to the Secretary of State through the system established by the Secretary of State pursuant to section 11 of this act.

      Sec. 58. NRS 293.510 is hereby amended to read as follows:

      293.510  1.  Except as otherwise provided in subsection 3, in counties where computers are not used to register voters, the county clerk shall:

      (a) Segregate original applications to register to vote according to the precinct in which the registered voters reside and arrange the applications in each precinct or district in alphabetical order. The applications for each precinct or district must be kept separately for each precinct or district. These applications must be used to prepare the rosters.

      (b) Arrange the duplicate applications of registration in alphabetical order for the entire county and keep them in binders or a suitable file which constitutes the registrar of voters’ register.

      2.  Except as otherwise provided in subsection 3, in any county where a computer is used to register voters, the county clerk shall:

      (a) Arrange the original applications to register to vote for the entire county in a manner in which an original application may be quickly located. These original applications constitute the registrar of voters’ register.

      (b) Segregate the applications to register to vote in a computer file according to the precinct or district in which the registered voters reside, and for each precinct or district have printed a computer listing which contains the applications to register to vote in alphabetical order. These listings of applications to register to vote must be used to prepare the rosters.

      3.  From the applications to register to vote received by each county clerk, the county clerk shall:

      (a) Segregate the applications electronically transmitted by the Department of Motor Vehicles pursuant to subsection 1 of section 5 of the 2018 Ballot Question No. 5, the Automatic Voter Registration Initiative, in a computer file according to the precinct or district in which the registered voters reside; and

      (b) Arrange the applications in each precinct or district in alphabetical order.

      4.  Each county clerk shall keep the applications to preregister to vote separate from the applications to register to vote until such applications are deemed to be applications to register to vote pursuant to subsection 2 of NRS 293.4855.

      Sec. 59. NRS 293.517 is hereby amended to read as follows:

      293.517  1.  Any person who meets the qualifications set forth in NRS 293.4855 residing within the county may preregister to vote and any elector residing within the county may register to vote:

      (a) Except as otherwise provided in NRS 293.560 and 293C.527, by appearing before the county clerk, a field registrar or a voter registration agency, completing the application to preregister or register to vote, giving true and satisfactory answers to all questions relevant to his or her identity and right to preregister or register to vote, and providing proof of residence and identity;

 


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

ê2019 Statutes of Nevada, Page 4091 (CHAPTER 619, AB 345)ê

 

      (b) By completing and mailing or personally delivering to the county clerk an application to preregister or register to vote pursuant to the provisions of NRS 293.5235;

      (c) Pursuant to the provisions of NRS 293.524 or chapter 293D of NRS or section 4 of the 2018 Ballot Question No. 5, the Automatic Voter Registration Initiative;

      (d) At his or her residence with the assistance of a field registrar pursuant to NRS 293.5237; [or]

      (e) By submitting an application to preregister or register to vote by computer [,] using the system:

             (1) Established by the Secretary of State pursuant to section 11 of this act; or

             (2) Established by the county clerk, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters [.] ; or

      (f) By any other method authorized by the provisions of this title.

Ê The county clerk shall require a person to submit official identification as proof of residence and identity, such as a driver’s license or other official document, before preregistering or registering the person. If the applicant preregisters or registers to vote pursuant to this subsection and fails to provide proof of residence and identity, the applicant must provide proof of residence and identity before casting a ballot in person or by mail or after casting a provisional ballot pursuant to NRS 293.3081 [or 293.3083.] to 293.3086, inclusive, and sections 10.3 and 10.6 of this act. For the purposes of this subsection, a voter registration card [issued pursuant to subsection 6] does not provide proof of the residence or identity of a person.

      2.  In addition to the methods for registering to vote described in subsection 1, an elector may register to vote pursuant to sections 5.1 to 9.8, inclusive, of this act.

      3.  Except as otherwise provided in sections 2 to 7, inclusive, of the 2018 Ballot Question No. 5, the Automatic Voter Registration Initiative, the application to preregister or register to vote must be signed and verified under penalty of perjury by the person preregistering or the elector registering.

      [3.]4.  Each person or elector who is or has been married must be preregistered or registered under his or her own given or first name, and not under the given or first name or initials of his or her spouse.

      [4.]5.  A person or an elector who is preregistered or registered and changes his or her name must complete a new application to preregister or register to vote, as applicable. The person or elector may obtain a new application:

      (a) At the office of the county clerk or field registrar;

      (b) By submitting an application to preregister or register to vote pursuant to the provisions of NRS 293.5235;

      (c) By submitting a written statement to the county clerk requesting the county clerk to mail an application to preregister or register to vote;

      (d) At any voter registration agency; or

      (e) By submitting an application to preregister or register to vote by computer [,] using the system:

             (1) Established by the Secretary of State pursuant to section 11 of this act; or

 


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

ê2019 Statutes of Nevada, Page 4092 (CHAPTER 619, AB 345)ê

 

             (2) Established by the county clerk, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters.

Ê If the elector fails to register under his or her new name, the elector may be challenged pursuant to the provisions of NRS 293.303 or 293C.292 and may be required to furnish proof of identity and subsequent change of name.

      [5.]6.  Except as otherwise provided in subsection [7] 8, sections 5.1 to 9.8, inclusive, and 13 of this act and sections 4 to 7, inclusive, of the 2018 Ballot Question No. 5, the Automatic Voter Registration Initiative, an elector who registers to vote pursuant to paragraph (a) of subsection 1 shall be deemed to be registered upon the completion of an application to register to vote.

      [6.]7.  After the county clerk determines that the application to register to vote of a person is complete and that, except as otherwise provided in NRS 293D.210, the person is eligible to vote pursuant to NRS 293.485, the county clerk shall issue a voter registration card to the voter . [which contains:

      (a) The name, address, political affiliation and precinct number of the voter;

      (b) The date of issuance; and

      (c) The signature of the county clerk.

      7.]8.  If a person or an elector submits an application to preregister or register to vote or an affidavit described in paragraph (c) of subsection 1 of NRS 293.507 that contains any handwritten additions, erasures or interlineations, the county clerk may object to the application if the county clerk believes that because of such handwritten additions, erasures or interlineations, the application is incomplete or that, except as otherwise provided in NRS 293D.210, the person is not eligible to preregister pursuant to NRS 293.4855 or the elector is not eligible to vote pursuant to NRS 293.485, as applicable. If the county clerk objects pursuant to this subsection, he or she shall immediately notify the person or elector, as applicable, and the district attorney of the county. Not later than 5 business days after the district attorney receives such notification, the district attorney shall advise the county clerk as to whether:

      (a) The application is complete and, except as otherwise provided in NRS 293D.210, the person is eligible to preregister pursuant to NRS 293.4855 or the elector is eligible to vote pursuant to NRS 293.485; and

      (b) The county clerk should proceed to process the application.

[Ê]

      9.  If the district attorney advises the county clerk to process the application pursuant to subsection 8, the county clerk shall immediately issue a voter registration card to the applicant [pursuant to subsection 6, if applicable.], unless the applicant is preregistered to vote and does not currently meet the requirements to be issued a voter registration card pursuant to NRS 293.4855.

      Sec. 60. (Deleted by amendment.)

      Sec. 61. NRS 293.5235 is hereby amended to read as follows:

      293.5235  1.  Except as otherwise provided in NRS 293.502 , sections 5.1 to 9.8, inclusive, of this act and chapter 293D of NRS, a person may preregister or register to vote by [mailing] :

 


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

ê2019 Statutes of Nevada, Page 4093 (CHAPTER 619, AB 345)ê

 

      (a) Mailing an application to preregister or register to vote to the county clerk of the county in which the person resides . [or may preregister or register to vote by]

      (b) A computer [,] using:

             (1) The system established by the Secretary of State pursuant to section 11 of this act; or

             (2) A system established by the county clerk, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to preregister or register to vote.

      (c) Any other method authorized by the provisions of this title.

      2.  The county clerk shall, upon request, mail an application to preregister or register to vote to an applicant. The county clerk shall make the applications available at various public places in the county.

      3.  Except as otherwise provided in sections 5.1 to 9.8, inclusive, of this act:

      (a) An application to preregister to vote may be used to correct information in a previous application.

      (b) An application to register to vote may be used to correct information in the registrar of voters’ register.

      [2.] 4.  An application to preregister or register to vote which is mailed to an applicant by the county clerk or made available to the public at various locations or voter registration agencies in the county may be returned to the county clerk by mail or in person. For the purposes of this section, an application which is personally delivered to the county clerk shall be deemed to have been returned by mail.

      [3.] 5.  The applicant must complete the application, including, without limitation, checking the boxes described in paragraphs (b) and (c) of subsection [10] 12 and signing the application.

      [4.] 6.  The county clerk shall, upon receipt of an application, determine whether the application is complete.

      [5.] 7.  If the county clerk determines that the application is complete, he or she shall, within 10 days after receiving the application, mail to the applicant:

      (a) A notice that the applicant is preregistered or registered to vote, as applicable. If the applicant is registered to vote, the county clerk must also mail to the applicant a voter registration card ; [as required by subsection 6 of NRS 293.517;] or

      (b) A notice that the person’s application to preregister to vote or the registrar of voters’ register has been corrected to reflect any changes indicated on the application.

      [6.] 8.  Except as otherwise provided in subsection 5 of NRS 293.518 [,] and section 13 of this act, if the county clerk determines that the application is not complete, the county clerk shall, as soon as possible, mail a notice to the applicant that additional information is required to complete the application. If the applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after receiving the information, mail to the applicant:

      (a) A notice that the applicant is:

             (1) Preregistered to vote; or

             (2) Registered to vote and a voter registration card ; [as required by subsection 6 of NRS 293.517;] or

 


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

ê2019 Statutes of Nevada, Page 4094 (CHAPTER 619, AB 345)ê

 

      (b) A notice that the person’s application to preregister to vote or the registrar of voters’ register has been corrected to reflect any changes indicated on the application.

Ê If the applicant does not provide the additional information within the prescribed period, the application is void.

      [7.] 9.  The applicant shall be deemed to be preregistered or registered or to have corrected the information in the application to preregister to vote or the registrar of voters’ register on the date the application is postmarked or received by the county clerk, whichever is earlier.

      [8.] 10.  If the applicant fails to check the box described in paragraph (b) of subsection [10,] 12, the application shall not be considered invalid , and the county clerk shall provide a means for the applicant to correct the omission at the time the applicant appears to vote in person at the assigned polling place.

      [9.] 11.  The Secretary of State shall prescribe the form for applications to preregister or register to vote by:

      (a) Mail, which must be used to preregister or register to vote by mail in this State.

      (b) Computer, which must be used to preregister or register to vote [in a county] by computer using:

             (1) A system established by the county clerk, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to preregister or register to vote [.] ; or

             (2) The system established by the Secretary of State pursuant to section 11 of this act.

      [10.] 12.  The application to preregister or register to vote by mail must include:

      (a) A notice in at least 10-point type which states:

 

       NOTICE: You are urged to return your application to the County Clerk in person or by mail. If you choose to give your completed application to another person to return to the County Clerk on your behalf, and the person fails to deliver the application to the County Clerk, you will not be preregistered or registered to vote, as applicable. Please retain the duplicate copy or receipt from your application to preregister or register to vote.

 

      (b) The question, “Are you a citizen of the United States?” and boxes for the applicant to check to indicate whether or not the applicant is a citizen of the United States.

      (c) If the application is to:

             (1) Preregister to vote, the question, “Are you at least 17 years of age and not more than 18 years of age?” and boxes to indicate whether or not the applicant is at least 17 years of age and not more than 18 years of age.

             (2) Register to vote, the question, “Will you be at least 18 years of age on or before election day?” and boxes for the applicant to check to indicate whether or not the applicant will be at least 18 years of age or older on election day.

      (d) A statement instructing the applicant not to complete the application if the applicant checked “no” in response to the question set forth in:

             (1) If the application is to preregister to vote, paragraph (b) or subparagraph (1) of paragraph (c).

 


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

ê2019 Statutes of Nevada, Page 4095 (CHAPTER 619, AB 345)ê

 

             (2) If the application is to register to vote, paragraph (b) or subparagraph (2) of paragraph (c).

      (e) A statement informing the applicant that if the application is submitted by mail and the applicant is preregistering or registering to vote for the first time, the applicant must submit the information set forth in paragraph (a) of subsection 2 of NRS 293.2725 to avoid the requirements of subsection 1 of NRS 293.2725 upon voting for the first time.

      [11.] 13.  Except as otherwise provided in subsection 5 of NRS 293.518, the county clerk shall not preregister or register a person to vote pursuant to this section unless that person has provided all of the information required by the application.

      [12.] 14.  The county clerk shall mail, by postcard, the notices required pursuant to subsections [5] 7 and [6.] 8. If the postcard is returned to the county clerk by the United States Postal Service because the address is fictitious or the person does not live at that address, the county clerk shall attempt to determine whether the person’s current residence is other than that indicated on the application to preregister or register to vote in the manner set forth in NRS 293.530.

      [13.] 15.  A person who, by mail, preregisters or registers to vote pursuant to this section may be assisted in completing the application to preregister or register to vote by any other person. The application must include the mailing address and signature of the person who assisted the applicant. The failure to provide the information required by this subsection will not result in the application being deemed incomplete.

      [14.] 16.  An application to preregister or register to vote must be made available to all persons, regardless of political party affiliation.

      [15.] 17.  An application must not be altered or otherwise defaced after the applicant has completed and signed it. An application must be mailed or delivered in person to the office of the county clerk within 10 days after it is completed.

      [16.] 18.  A person who willfully violates any of the provisions of subsection [13, 14] 15, 16 or [15] 17 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      [17.] 19.  The Secretary of State shall adopt regulations to carry out the provisions of this section.

      Sec. 62. NRS 293.530 is hereby amended to read as follows:

      293.530  1.  Except as otherwise provided in NRS 293.541:

      (a) County clerks may use any reliable and reasonable means available to correct the portions of the statewide voter registration list which are relevant to the county clerks and to determine whether a registered voter’s current residence is other than that indicated on the voter’s application to register to vote.

      (b) A county clerk may, with the consent of the board of county commissioners, make investigations of registration in the county by census, by house-to-house canvass or by any other method.

      (c) A county clerk shall cancel the registration of a voter pursuant to this subsection if:

             (1) The county clerk mails a written notice to the voter which the United States Postal Service is required to forward;

             (2) The county clerk mails a return postcard with the notice which has a place for the voter to write his or her new address, is addressed to the county clerk and has postage guaranteed;

 


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

ê2019 Statutes of Nevada, Page 4096 (CHAPTER 619, AB 345)ê

 

             (3) The voter does not respond; and

             (4) The voter does not appear to vote in an election before the polls have closed in the second general election following the date of the notice.

      (d) For the purposes of this subsection, the date of the notice is deemed to be 3 days after it is mailed.

      (e) The county clerk shall maintain records of:

             (1) Any notice mailed pursuant to paragraph (c);

             (2) Any response to such notice; and

             (3) Whether a person to whom a notice is mailed appears to vote in an election,

Ê for not less than 2 years after creation.

      (f) The county clerk shall use any postcards which are returned to correct the portions of the statewide voter registration list which are relevant to the county clerk.

      (g) If a voter fails to return the postcard mailed pursuant to paragraph (c) within 30 days, the county clerk shall designate the voter as inactive on the voter’s application to register to vote.

      (h) The Secretary of State shall adopt regulations to prescribe the method for maintaining a list of voters who have been designated as inactive pursuant to paragraph (g).

      (i) If:

             (1) The name of a voter is added to the statewide voter registration list pursuant to section 6 of the 2018 Ballot Question No. 5, the Automatic Voter Registration Initiative; or

             (2) The voter registration information of a voter whose name is on the statewide voter registration list is updated pursuant to section 6 of the 2018 Ballot Question No. 5, the Automatic Voter Registration Initiative,

Ê the county clerk shall provide written notice of the addition or change to the voter not later than 5 working days after the addition or change is made. Except as otherwise provided in this paragraph, the notice must be mailed to the current residence of the voter. The county clerk may send the notice by electronic mail if the voter confirms the validity of the electronic mail address to which the notice will be sent by responding to a confirmation inquiry sent to that electronic mail address. Such a confirmation inquiry must be sent for each notice sent pursuant to this paragraph.

      2.  A county clerk is not required to take any action pursuant to this section in relation to a person who preregisters to vote until the person is deemed to be registered to vote pursuant to subsection 2 of NRS 293.4855.

      Sec. 63. NRS 293.535 is hereby amended to read as follows:

      293.535  1.  The county clerk shall notify a registrant if any elector or other reliable person files an affidavit with the county clerk stating that:

      (a) The registrant is not a citizen of the United States; or

      (b) The registrant has:

             (1) Moved outside the boundaries of the county where he or she is registered to another county, state, territory or foreign country, with the intention of remaining there for an indefinite time and with the intention of abandoning his or her residence in the county where registered; and

             (2) Established residence in some other state, territory or foreign country, or in some other county of this state, naming the place.

Ê The affiant must state that he or she has personal knowledge of the facts set forth in the affidavit.

 


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

ê2019 Statutes of Nevada, Page 4097 (CHAPTER 619, AB 345)ê

 

      2.  Upon the filing of an affidavit pursuant to paragraph (b) of subsection 1, the county clerk shall notify the registrant in the manner set forth in NRS 293.530 and shall enclose a copy of the affidavit. If the registrant fails to respond or appear to vote within the required time, the county clerk shall cancel the registration.

      3.  An affidavit filed pursuant to paragraph (a) of subsection 1 must be filed not later than 30 days before an election. Upon the filing of such an affidavit, the county clerk shall notify the registrant by registered or certified mail, return receipt requested, of the filing of the affidavit, and shall enclose a copy of the affidavit. Unless the registrant, within 15 days after the return receipt has been filed in the office of the county clerk, presents satisfactory proof of citizenship, the county clerk shall cancel the registration.

      4.  The provisions of this section do not prevent the challenge provided for in NRS 293.303 or 293C.292.

      5.  A county clerk is not required to take any action pursuant to this section in relation to a person who is preregistered to vote until the person is deemed to be registered to vote pursuant to subsection 2 of NRS 293.4855.

      Sec. 63.5. NRS 293.541 is hereby amended to read as follows:

      293.541  1.  The county clerk shall cancel the preregistration of a person or the registration of a voter if:

      (a) After consultation with the district attorney, the district attorney determines that there is probable cause to believe that information in the application to preregister or register to vote concerning the identity or residence of the person or voter is fraudulent;

      (b) The county clerk provides a notice as required pursuant to subsection 2 or executes an affidavit of cancellation pursuant to subsection 3; and

      (c) The person or voter fails to present satisfactory proof of identity and residence pursuant to subsection 2, 4 or 5.

      2.  Except as otherwise provided in subsection 3, the county clerk shall notify the person or voter by registered or certified mail, return receipt requested, of a determination made pursuant to subsection 1. The notice must set forth the grounds for cancellation. Unless the person or voter, within 15 days after the return receipt has been filed in the office of the county clerk, presents satisfactory proof of identity and residence to the county clerk, the county clerk shall cancel the person’s preregistration or the voter’s registration, as applicable.

      3.  If insufficient time exists before a pending election to provide the notice required by subsection 2 to a registered voter, the county clerk shall execute an affidavit of cancellation and file the affidavit of cancellation with the registrar of voters’ register and:

      (a) In counties where records of registration are not kept by computer, the county clerk shall attach a copy of the affidavit of cancellation in the roster.

      (b) In counties where records of registration are kept by computer, the county clerk shall have the affidavit of cancellation printed on the computer entry for the registration and add a copy of it to the roster.

      4.  If a voter appears to vote at the election next following the date that an affidavit of cancellation was executed for the voter pursuant to this section, the voter must be allowed to vote only if the voter furnishes:

 


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

ê2019 Statutes of Nevada, Page 4098 (CHAPTER 619, AB 345)ê

 

      (a) Official identification which contains a photograph of the voter, including, without limitation, a driver’s license or other official document; and

      (b) Satisfactory identification that contains proof of the address at which the voter actually resides and that address is consistent with the address listed on the roster.

      5.  If a determination is made pursuant to subsection 1 concerning information in the registration to vote of a voter and an absent ballot or a ballot voted by a voter who resides in a mailing precinct is received from the voter, the ballot must be kept separate from other ballots and must not be counted unless the voter presents satisfactory proof to the county clerk of identity and residence before such ballots are counted on election day.

      6.  For the purposes of this section, a voter registration card [issued pursuant to NRS 293.517] does not provide proof of the:

      (a) Address at which a person actually resides; or

      (b) Residence or identity of a person.

      Sec. 64. NRS 293.560 is hereby amended to read as follows:

      293.560  1.  Except as otherwise provided in NRS 293.502, 293D.230 and 293D.300 [:] and sections 5.1 to 9.8, inclusive, of this act:

      (a) For a primary or general election, or a recall or special election that is held on the same day as a primary or general election, the last day to register to vote:

             (1) By mail is the fourth Tuesday preceding the primary or general election.

             (2) By appearing in person at the office of the county clerk or, if open, a county facility designated pursuant to NRS 293.5035, is the [third] fourth Tuesday preceding the primary or general election.

             (3) By computer, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters, is the Thursday preceding the [first day of the period for early voting.] primary or general election, unless the system is used to register voters for the election pursuant to section 8 or 9 of this act.

             (4) By computer using the system established by the Secretary of State pursuant to section 11 of this act, is the Thursday preceding the primary or general election, unless the system is used to register voters for the election pursuant to section 8 or 9 of this act.

      (b) If a recall or special election is not held on the same day as a primary or general election, the last day to register to vote for the recall or special election by any [means] method of registration is the third Saturday preceding the recall or special election.

      2.  [For a primary or special election, the office of the county clerk must be open until 7 p.m. during the last 2 days on which a person may register to vote in person. In a county whose population is less than 100,000, the office of the county clerk may close at 5 p.m. during the last 2 days a person may register to vote in person if approved by the board of county commissioners.

      3.  For a general election:

      (a) In a county whose population is less than 100,000, the office of the county clerk must be open until 7 p.m. during the last 2 days on which a person may register to vote in person. The office of the county clerk may close at 5 p.m. if approved by the board of county commissioners.

 


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

ê2019 Statutes of Nevada, Page 4099 (CHAPTER 619, AB 345)ê

 

      (b) In a county whose population is 100,000 or more, the office of the county clerk must be open during the last 4 days on which a person may register to vote in person, according to the following schedule:

             (1) On weekdays until 9 p.m.; and

             (2) A minimum of 8 hours on Saturdays, Sundays and legal holidays.

      4.] Except as otherwise provided in sections 5.1 to 9.8, inclusive, of this act, after the deadlines for the close of registration for a primary or general election set forth in subsection 1, no person may register to vote for the election.

      3.  Except for a recall or special election held pursuant to chapter 306 or 350 of NRS:

      (a) The county clerk of each county shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the county indicating:

             (1) The day and time that each method of registration for the election, as set forth in subsection 1, will be closed; and

             (2) If the county clerk has designated a county facility pursuant to NRS 293.5035, the location of that facility.

Ê If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest county in this State.

      (b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

      [5.] 4.  The offices of the county clerk, a county facility designated pursuant to NRS 293.5035 and other ex officio registrars may remain open on the last Friday in October in each even-numbered year.

      [6.] 5.  A county facility designated pursuant to NRS 293.5035 may be open during the periods described in this section for such hours of operation as the county clerk may determine, as set forth in subsection 3 of NRS 293.5035.

      Sec. 65. (Deleted by amendment.)

      Sec. 66. NRS 293.563 is hereby amended to read as follows:

      293.563  1.  During the interval between the closing of registration and the election, the county clerk shall prepare for [each] :

      (a) Each polling place [a] :

             (1) A roster containing the registered voters eligible to vote at the polling place [.] ; and

             (2) A roster designated for electors who apply to register to vote or apply to vote at the polling place pursuant to sections 5.1 to 9.8, inclusive, of this act; and

      (b) Each polling place established pursuant to section 2 or 73 of this act a roster containing the registered voters eligible to vote in the county or city, respectively.

      2.  The [roster] rosters must be delivered or caused to be delivered by the county or city clerk to an election board officer of the proper polling place before the opening of the polls.

      Sec. 67. (Deleted by amendment.)

      Sec. 68. NRS 293.565 is hereby amended to read as follows:

      293.565  1.  Except as otherwise provided in subsection 3, sample ballots must include:

      (a) If applicable, the statement required by NRS 293.267;

 


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

ê2019 Statutes of Nevada, Page 4100 (CHAPTER 619, AB 345)ê

 

      (b) The fiscal note or description of anticipated financial effect, as provided pursuant to NRS 218D.810, 293.250, 293.481, 295.015, 295.095 or 295.230 for each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;

      (c) An explanation, as provided pursuant to NRS 218D.810, 293.250, 293.481, 295.121 or 295.230, of each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;

      (d) Arguments for and against each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question, and rebuttals to each argument, as provided pursuant to NRS 218D.810, 293.250, 293.252 or 295.121; and

      (e) The full text of each proposed constitutional amendment.

      2.  If, pursuant to the provisions of NRS 293.2565, the word “Incumbent” must appear on the ballot next to the name of the candidate who is the incumbent, the word “Incumbent” must appear on the sample ballot next to the name of the candidate who is the incumbent.

      3.  Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:

      (a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;

      (b) The county clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and

      (c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.

      4.  A county clerk may establish a system for distributing sample ballots by electronic means to each registered voter who elects to receive a sample ballot by electronic means. Such a system may include, without limitation, electronic mail or electronic access through an Internet website. If a county clerk establishes such a system and a registered voter elects to receive a sample ballot by electronic means, the county clerk shall distribute the sample ballot to the registered voter by electronic means pursuant to the procedures and requirements set forth by regulations adopted by the Secretary of State.

      5.  If a registered voter does not elect to receive a sample ballot by electronic means pursuant to subsection 4, the county clerk shall distribute the sample ballot to the registered voter by mail.

      6.  Except as otherwise provided in subsection 7, before the period for early voting for any election begins, the county clerk shall distribute to each registered voter in the county by mail or electronic means, as applicable, the sample ballot for his or her precinct, with a notice informing the voter of the location of his or her polling place [.] or places. If the location of the polling place or places has changed since the last election:

      (a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before distributing the sample ballots; or

      (b) The sample ballot must also include a notice in bold type immediately above the location which states:

 


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

ê2019 Statutes of Nevada, Page 4101 (CHAPTER 619, AB 345)ê

 

NOTICE: THE LOCATION OF YOUR POLLING PLACE OR PLACES HAS CHANGED SINCE THE LAST ELECTION

 

      7.  If a person registers to vote less than 20 days before the date of an election, the county clerk is not required to distribute to the person the sample ballot for that election by mail or electronic means.

      8.  Except as otherwise provided in subsection 9, a sample ballot required to be distributed pursuant to this section must:

      (a) Be prepared in at least 12-point type; and

      (b) Include on the front page, in a separate box created by bold lines, a notice prepared in at least 20-point bold type that states:

 

NOTICE: TO RECEIVE A SAMPLE BALLOT IN

LARGE TYPE, CALL (Insert appropriate telephone number)

 

      9.  A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.

      10.  The sample ballot distributed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be prepared in at least 14-point type, or larger when practicable.

      11.  If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots distributed to that person from the county are in large type.

      12.  The county clerk shall include in each sample ballot a statement indicating that the county clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his or her polling place or places and provide reasonable assistance to the voter in casting his or her vote, including, without limitation, providing appropriate materials to assist the voter. In addition, if the county clerk has provided pursuant to subsection 4 of NRS 293.2955 for the placement at centralized voting locations of specially equipped voting devices for use by voters who are elderly or disabled, the county clerk shall include in the sample ballot a statement indicating:

      (a) The addresses of such centralized voting locations;

      (b) The types of specially equipped voting devices available at such centralized voting locations; and

      (c) That a voter who is elderly or disabled may cast his or her ballot at such a centralized voting location rather than at his or her regularly designated polling place [.] or places.

      13.  The cost of distributing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.

      Sec. 69. NRS 293.675 is hereby amended to read as follows:

      293.675  1.  The Secretary of State shall establish and maintain an official statewide voter registration list, which may be maintained on the Internet, in consultation with each county and city clerk.

      2.  The statewide voter registration list must:

      (a) Be a uniform, centralized and interactive computerized list;

      (b) Serve as the single method for storing and managing the official list of registered voters in this State;

 


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

ê2019 Statutes of Nevada, Page 4102 (CHAPTER 619, AB 345)ê

 

      (c) Serve as the official list of registered voters for the conduct of all elections in this State;

      (d) Contain the name and registration information of every legally registered voter in this State;

      (e) Include a unique identifier assigned by the Secretary of State to each legally registered voter in this State;

      (f) Except as otherwise provided in subsection [6,] 7, be coordinated with the appropriate databases of other agencies in this State;

      (g) Be electronically accessible to each state and local election official in this State at all times;

      (h) Except as otherwise provided in subsection [7,] 8, allow for data to be shared with other states under certain circumstances; and

      (i) Be regularly maintained to ensure the integrity of the registration process and the election process.

      3.  Each county and city clerk shall:

      (a) Except for information related to the preregistration of persons to vote, electronically enter into the statewide voter registration list all information related to voter registration obtained by the county or city clerk at the time the information is provided to the county or city clerk; and

      (b) Provide the Secretary of State with information concerning the voter registration of the county or city and other reasonable information requested by the Secretary of State in the form required by the Secretary of State to establish or maintain the statewide voter registration list.

      4.  In establishing and maintaining the statewide voter registration list, the Secretary of State shall enter into a cooperative agreement with the Department of Motor Vehicles to match information in the database of the statewide voter registration list with information in the appropriate database of the Department of Motor Vehicles to verify the accuracy of the information in an application to register to vote.

      5.  The Department of Motor Vehicles shall enter into an agreement with the Social Security Administration pursuant to 52 U.S.C. § 21083, to verify the accuracy of information in an application to register to vote.

      6.  The Department of Motor Vehicles shall ensure that its database:

      (a) Is capable of processing any information related to an application to register to vote, an application to update voter registration information or a request to verify the accuracy of voter registration information as quickly as is feasible; and

      (b) Does not limit the number of applications to register to vote, applications to update voter registration information or requests to verify the accuracy of voter registration information that may be processed by the database in any given day.

      7.  Except as otherwise provided in NRS 481.063 or any provision of law providing for the confidentiality of information, the Secretary of State may enter into an agreement with an agency of this State pursuant to which the agency provides to the Secretary of State any information in the possession of the agency that the Secretary of State deems necessary to maintain the statewide voter registration list.

      [7.]8.  The Secretary of State may:

      (a) Request from the chief officer of elections of another state any information which the Secretary of State deems necessary to maintain the statewide voter registration list; and

 


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

ê2019 Statutes of Nevada, Page 4103 (CHAPTER 619, AB 345)ê

 

      (b) Provide to the chief officer of elections of another state any information which is requested and which the Secretary of State deems necessary for the chief officer of elections of that state to maintain a voter registration list, if the Secretary of State is satisfied that the information provided pursuant to this paragraph will be used only for the maintenance of that voter registration list.

      Sec. 70. NRS 293.730 is hereby amended to read as follows:

      293.730  1.  A person shall not:

      (a) Remain in or outside of any polling place so as to interfere with the conduct of the election.

      (b) Except an election board officer, receive from any voter a ballot prepared by the voter.

      (c) Remove a ballot from any polling place before the closing of the polls.

      (d) Apply for or receive a ballot at any election precinct or district other than [the] one at which the person is entitled to vote.

      (e) Show his or her ballot to any person, after voting, so as to reveal any of the names voted for.

      (f) Inside a polling place, ask another person for whom he or she intends to vote.

      (g) Except an election board officer, deliver a ballot to a voter.

      (h) Except an election board officer in the course of the election board officer’s official duties, inside a polling place, ask another person his or her name, address or political affiliation.

      2.  A voter shall not:

      (a) Receive a ballot from any person other than an election board officer.

      (b) Deliver to an election board or to any member thereof any ballot other than the one received.

      (c) Place any mark upon his or her ballot by which it may afterward be identified as the one voted by the person.

      3.  Any person who violates any provision of this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 71. NRS 293.790 is hereby amended to read as follows:

      293.790  If any person whose vote has been rejected offers to vote at the same election, at any polling place other than [the] one in which the person is [registered] entitled to vote, such person is guilty of a gross misdemeanor.

      Sec. 72. Chapter 293C of NRS is hereby amended by adding thereto the provisions set forth as sections 73 to 76.5, inclusive, of this act.

      Sec. 73. 1.  A city clerk may establish one or more polling places in the city where any person entitled to vote in the city by personal appearance may do so on the day of the primary city election or general city election.

      2.  Any person entitled to vote in the city by personal appearance may do so at any polling place established pursuant to subsection 1.

      Sec. 74. 1.  Except as otherwise provided in subsection 2, if a city clerk establishes one or more polling places pursuant to section 73 of this act, the city clerk must:

      (a) Publish during the week before the election in a newspaper of general circulation a notice of the location of each such polling place.

      (b) Post a list of the location of each such polling place on any bulletin board used for posting notice of meetings of the governing body of the city. The list must be posted continuously for a period beginning not later than the fifth business day before the election and ending at 7 p.m. on the day of the election.

 


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

ê2019 Statutes of Nevada, Page 4104 (CHAPTER 619, AB 345)ê

 

the election. The city clerk shall make copies of the list available to the public during the period of posting in reasonable quantities without charge.

      2.  The provisions of subsection 1 do not apply if every polling place in the city is designated as a polling place where any person entitled to vote in the city by personal appearance may do so on the day of the primary city election or general city election.

      3.  No additional polling place may be established pursuant to section 73 of this act after the publication pursuant to this section, except in the case of an emergency and if approved by the Secretary of State.

      Sec. 75. 1.  For each polling place established pursuant to section 73 of this act, if any, the city clerk shall prepare a roster that contains, for every registered voter in the city, the voter’s name, the address where he or she is registered to vote, his or her voter identification number, the voter’s precinct or district number and the voter’s signature.

      2.  The roster must be delivered or caused to be delivered by the city clerk to an election board officer of the proper polling place before the opening of the polls.

      Sec. 76. 1.  Except as otherwise provided in NRS 293C.272 and sections 5.1 to 9.8, inclusive, of this act, upon the appearance of a person to cast a ballot at a polling place established pursuant to section 73 of this act, if any, the election board officer shall:

      (a) Determine that the person is a registered voter in the city and has not already voted in that city in the current election;

      (b) Instruct the voter to sign the roster or a signature card; and

      (c) Verify the signature of the voter in the manner set forth in NRS 293C.270.

      2.  If the signature of the voter does not match, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

      (b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

      (c) Providing the election board officer with proof of identification as described in NRS 293C.270 other than the voter registration card issued to the voter.

      3.  If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.

      4.  The city clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that city in the current election.

      5.  When a voter is entitled to cast a ballot and has identified himself or herself to the satisfaction of the election board officer, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use at the polling place where he or she applies to vote.

      6.  If the ballot is voted on a mechanical recording device which directly records the votes electronically, the election board officer shall:

      (a) Prepare the mechanical voting device for the voter;

      (b) Ensure that the voter’s precinct or voting district and the form of the ballot are indicated on the voting receipt, if the city clerk uses voting receipts; and

      (c) Allow the voter to cast a vote.

 


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

ê2019 Statutes of Nevada, Page 4105 (CHAPTER 619, AB 345)ê

 

      7.  A voter applying to vote at a polling place established pursuant to section 73 of this act, if any, may be challenged pursuant to NRS 293C.292.

      Sec. 76.5. 1.  Except as otherwise provided in subsection 2, absent ballots, including special absent ballots, must be:

      (a) Delivered by hand to the city clerk before the time set for closing of the polls pursuant to NRS 293C.267; or

      (b) Mailed to the city clerk and:

             (1) Postmarked on or before the day of election; and

             (2) Received by the city clerk within the period for the counting of absent ballots pursuant to subsection 2 of NRS 293C.332.

      2.  If an absent ballot is received not more than 3 days after the day of the election and the date of the postmark cannot be determined, the absent ballot shall be deemed to have been postmarked on or before the day of the election.

      Secs. 77-81.  (Deleted by amendment.)

      Sec. 82. NRS 293C.110 is hereby amended to read as follows:

      293C.110  1.  Except as otherwise provided in subsection 2 [,] and section 5.7 of this act, the conduct of any city election is under the control of the governing body of the city, and it shall, by ordinance, provide for the holding of the election, appoint the necessary election officers and election boards and do all other things required to carry the election into effect.

      2.  Except as otherwise provided in NRS 293C.112, the governing body of the city shall provide for:

      (a) Absent ballots to be voted in a city election pursuant to NRS 293C.304 to 293C.325, inclusive, and 293C.330 to 293C.340, inclusive; and

      (b) The conduct of:

             (1) Early voting by personal appearance in a city election pursuant to NRS 293C.355 to 293C.361, inclusive [;] , and sections 5.1 to 9.8, inclusive, of this act;

             (2) Voting by absent ballot in person in a city election pursuant to NRS 293C.327; or

             (3) Both early voting by personal appearance as described in subparagraph (1) and voting by absent ballot in person as described in subparagraph (2).

      Sec. 83. NRS 293C.112 is hereby amended to read as follows:

      293C.112  1.  The governing body of a city may conduct a city election in which all ballots must be cast by mail if:

      (a) The election is a special election; or

      (b) The election is a primary city election or general city election in which the ballot includes only:

             (1) Offices and ballot questions that may be voted on by the registered voters of only one ward; or

             (2) One office or ballot question.

      2.  The provisions of sections 5.1 to 9.8, inclusive, of this act, NRS 293C.265 to 293C.302, inclusive, 293C.304 to 293C.340, inclusive, and 293C.355 to 293C.361, inclusive, do not apply to an election conducted pursuant to this section.

      3.  For the purposes of an election conducted pursuant to this section, each precinct in the city shall be deemed to have been designated a mailing precinct pursuant to NRS 293C.342.

 


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

ê2019 Statutes of Nevada, Page 4106 (CHAPTER 619, AB 345)ê

 

      Secs. 84, 84.5 and 84.6. (Deleted by amendment.)

      Sec. 84.8. NRS 293C.185 is hereby amended to read as follows:

      293C.185  1.  Except as otherwise provided in NRS 293C.115 and 293C.190, a name may not be printed on a ballot to be used at a primary city election unless the person named has filed a declaration of candidacy or an acceptance of candidacy and has paid the fee established by the governing body of the city not earlier than 70 days before the primary city election and not later than 5 p.m. on the 60th day before the primary city election.

      2.  A declaration of candidacy required to be filed by this section must be in substantially the following form:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada

 

City of....................................

 

For the purpose of having my name placed on the official ballot as a candidate for the office of .................., I, .................., the undersigned do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at .................., in the City or Town of .................., County of .................., State of Nevada; that my actual, as opposed to constructive, residence in the city, township or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is .................., and the address at which I receive mail, if different than my residence, is ..................; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that if nominated as a candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; that I understand that knowingly and willfully filing a declaration of candidacy or acceptance of candidacy which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office; and that I understand that my name will appear on all ballots as designated in this declaration.

 

                                               .............................................................................

                                                                  (Designation of name)

 

                                               .............................................................................

                                                        (Signature of candidate for office)

 


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

ê2019 Statutes of Nevada, Page 4107 (CHAPTER 619, AB 345)ê

 

Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

 

                                                                        

           Notary Public or other person

         authorized to administer an oath

 

      3.  The address of a candidate that must be included in the declaration or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if the candidate fails to comply with the following provisions of this subsection or, if applicable, the provisions of subsection 4:

      (a) The candidate shall not list the candidate’s address as a post office box unless a street address has not been assigned to the residence; and

      (b) Except as otherwise provided in subsection 4, the candidate shall present to the filing officer:

             (1) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate and the candidate’s residential address; or

             (2) A current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the candidate’s name and residential address, but not including a voter registration card . [issued pursuant to NRS 293.517.]

      4.  If the candidate executes an oath or affirmation under penalty of perjury stating that the candidate is unable to present to the filing officer the proof of residency required by subsection 3 because a street address has not been assigned to the candidate’s residence or because the rural or remote location of the candidate’s residence makes it impracticable to present the proof of residency required by subsection 3, the candidate shall present to the filing officer:

      (a) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate; and

      (b) Alternative proof of the candidate’s residential address that the filing officer determines is sufficient to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050. The Secretary of State may adopt regulations establishing the forms of alternative proof of the candidate’s residential address that the filing officer may accept to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050.

      5.  The filing officer shall retain a copy of the proof of identity and residency provided by the candidate pursuant to subsection 3 or 4. Such a copy:

      (a) May not be withheld from the public; and

      (b) Must not contain the social security number, driver’s license or identification card number or account number of the candidate.

      6.  By filing the declaration or acceptance of candidacy, the candidate shall be deemed to have appointed the city clerk as his or her agent for service of process for the purposes of a proceeding pursuant to NRS 293C.186. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration or acceptance of candidacy.

 


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

ê2019 Statutes of Nevada, Page 4108 (CHAPTER 619, AB 345)ê

 

candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the city clerk duplicate copies of the process. The city clerk shall immediately send, by registered or certified mail, one of the copies to the candidate at the specified address, unless the candidate has designated in writing to the city clerk a different address for that purpose, in which case the city clerk shall mail the copy to the last address so designated.

      7.  If the city clerk receives credible evidence indicating that a candidate has been convicted of a felony and has not had his or her civil rights restored by a court of competent jurisdiction, the city clerk:

      (a) May conduct an investigation to determine whether the candidate has been convicted of a felony and, if so, whether the candidate has had his or her civil rights restored by a court of competent jurisdiction; and

      (b) Shall transmit the credible evidence and the findings from such investigation to the city attorney.

      8.  The receipt of information by the city attorney pursuant to subsection 7 must be treated as a challenge of a candidate pursuant to subsections 4 and 5 of NRS 293C.186 to which the provisions of NRS 293.2045 apply.

      9.  Any person who knowingly and willfully files a declaration of candidacy or acceptance of candidacy which contains a false statement in violation of this section is guilty of a gross misdemeanor.

      Sec. 85. NRS 293C.187 is hereby amended to read as follows:

      293C.187  Not later than 30 days before the primary city election and the general city election, the city clerk shall cause to be published a notice of the election in a newspaper of general circulation in the city once a week for 2 successive weeks. If a newspaper of general circulation is not published in the city, the publication may be made in a newspaper of general circulation published within the county in which the city is located. If a newspaper of general circulation is not published in that county, the publication may be made in a newspaper of general circulation published in the nearest Nevada county. The notice must contain:

      1.  The date of the election.

      2.  The location of the polling places.

      3.  The hours during which the polling places will be open for voting.

      [4.  The names of the candidates.

      5.  A list of the offices to which the candidates seek nomination or election.]

      Sec. 86. NRS 293C.222 is hereby amended to read as follows:

      293C.222  1.  The city clerk may appoint a pupil as a trainee for the position of election board officer. To qualify for such an appointment, the pupil must be:

      (a) A United States citizen, a resident of Nevada and a resident of the city in which the pupil serves;

      (b) Enrolled in high school; and

      (c) At the time of service, at least 16 years of age.

      2.  The city clerk may only appoint a pupil as a trainee if:

      (a) The pupil is appointed without party affiliation;

      (b) The city clerk sends the pupil a certificate stating the date and hours that the pupil will act as a trainee;

      (c) At least 20 days before the election in which the pupil will act as a trainee, the principal of the high school or the assigned school counselor of the pupil receives the city clerk’s certificate and a written request signed by the pupil’s parent or guardian to be excused from school for the time specified in the certificate;

 


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

ê2019 Statutes of Nevada, Page 4109 (CHAPTER 619, AB 345)ê

 

the pupil receives the city clerk’s certificate and a written request signed by the pupil’s parent or guardian to be excused from school for the time specified in the certificate;

      (d) The principal of the high school or the assigned school counselor of the pupil approves the pupil’s request; and

      (e) The pupil attends the training class required by NRS 293B.260.

      3.  Except as otherwise provided in this subsection, the city clerk may assign a trainee such duties as the city clerk deems appropriate. The city clerk shall not [:

      (a) Require] require the trainee to perform those duties later than 10 p.m., or any applicable curfew, whichever is earlier . [; or

      (b) Assign more than one trainee to serve as an election board officer in any one polling place.]

      4.  The city clerk may compensate a trainee for service at the same rate fixed for election board officers generally.

      Sec. 87. NRS 293C.265 is hereby amended to read as follows:

      293C.265  1.  Except as otherwise provided in subsection 2 and in NRS 293.2725 and 293.3083, a person who registered by mail or computer to vote shall, for the first city election in which the person votes at which that registration is valid, vote in person unless he or she has previously voted in the county in which he or she is registered to vote.

      2.  The provisions of subsection 1 do not apply to a person who:

      (a) Is entitled to vote in the manner prescribed in NRS 293C.342 to 293C.352, inclusive;

      (b) Is entitled to vote an absent ballot pursuant to federal law , [or] NRS 293C.317 [or 293C.318] or chapter 293D of NRS;

      (c) Is disabled;

      (d) Is provided the right to vote otherwise than in person pursuant to the Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. §§ 20101 et seq.;

      (e) Submits or has previously submitted a written request for an absent ballot that is signed by the registered voter before a notary public or other person authorized to administer an oath; or

      [(e)](f) Requests an absent ballot in person at the office of the city clerk.

      Sec. 88. NRS 293C.267 is hereby amended to read as follows:

      293C.267  1.  Except as otherwise provided in [subsection 2 and] NRS 293C.297, at all elections held pursuant to the provisions of this chapter, the polls must open at 7 a.m. and close at 7 p.m.

      2.  [Whenever at any election all the votes of the polling place, as shown on the roster, have been cast, the election board officers shall close the polls and the counting of votes must begin and continue without unnecessary delay until the count is completed.

      3.]  Upon opening the polls, one of the election board officers shall cause a proclamation to be made so that all present may be aware of the fact that applications [of registered voters to vote] will be received [.

      4.]from:

      (a) Registered voters who apply to vote at the polling place; and

      (b) Electors who apply to register to vote or apply to vote at the polling place pursuant to sections 5.1 to 9.8, inclusive, of this act.

      3.  No person , other than election board officers engaged in receiving, preparing or depositing ballots or registering electors, may be permitted inside the guardrail during the time the polls are open, except by authority of the election board as necessary to keep order and carry out the provisions of this chapter.

 


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

ê2019 Statutes of Nevada, Page 4110 (CHAPTER 619, AB 345)ê

 

inside the guardrail during the time the polls are open, except by authority of the election board as necessary to keep order and carry out the provisions of this chapter.

      Sec. 89. NRS 293C.270 is hereby amended to read as follows:

      293C.270  1.  Except as otherwise provided in NRS 293C.272 [,] and sections 5.1 to 9.8, inclusive, of this act, if a person’s name appears in the roster, or if the person provides an affirmation pursuant to NRS 293C.525, the person is entitled to vote and must sign his or her name in the roster or on a signature card when he or she applies to vote. The signature must be compared by an election board officer with the signature or a facsimile thereof on the person’s application to register to vote or one of the forms of identification listed in subsection 2.

      2.  The forms of identification that may be used to identify a voter at the polling place are:

      (a) The voter registration card issued to the voter ; [at the time he or she registered to vote or was deemed to be registered to vote;]

      (b) A driver’s license;

      (c) An identification card issued by the Department of Motor Vehicles;

      (d) A military identification card; or

      (e) Any other form of identification issued by a governmental agency that contains the voter’s signature and physical description or picture.

      3.  The city clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that city in the current election.

      Sec. 89.5. NRS 293C.272 is hereby amended to read as follows:

      293C.272  1.  If, because of physical limitations, a registered voter is unable to sign his or her name in the roster or on a signature card as required by NRS 293C.270, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

      (b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

      (c) Providing the election board officer with proof of identification as described in NRS 293C.270 other than the voter registration card issued to the voter . [at the time he or she registered to vote or was deemed to be registered to vote.]

      2.  If the identity of the voter is verified, the election board officer shall indicate in the roster “Identified” by the voter’s name.

      Sec. 90. NRS 293C.275 is hereby amended to read as follows:

      293C.275  1.  Except as otherwise provided in NRS 293C.272 [, a] and sections 5.1 to 9.8, inclusive, of this act:

      (a) A registered voter who applies to vote must state his or her name to the election board officer in charge of the roster ; [,] and [the]

      (b) The election board officer shall [immediately announce] :

             (1) Announce the name [, instruct] of the registered voter;

             (2) Instruct the registered voter to sign the roster or signature card [, and verify] ;

             (3) Verify the signature of the registered voter in the manner set forth in NRS 293C.270 [.] ; and

             (4) Verify that the registered voter has not already voted in that city in the current election.

      2.  If the signature does not match, the voter must be identified by:

 


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

ê2019 Statutes of Nevada, Page 4111 (CHAPTER 619, AB 345)ê

 

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

      (b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

      (c) Providing the election board officer with proof of identification as described in NRS 293C.270 other than the voter registration card issued to the voter . [at the time he or she registered to vote or was deemed to be registered to vote.]

      3.  If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.

      Sec. 91. NRS 293C.282 is hereby amended to read as follows:

      293C.282  1.  Any registered voter who, because of a physical disability or an inability to read or write English, is unable to mark a ballot or use any voting device without assistance is entitled to assistance from a consenting person of his or her own choice, except:

      (a) The voter’s employer or an agent of the voter’s employer; or

      (b) An officer or agent of the voter’s labor organization.

      2.  A person providing assistance pursuant to this section to a voter in casting a vote shall not disclose any information with respect to the casting of that ballot.

      3.  The right to assistance in casting a ballot may not be denied or impaired when the need for assistance is apparent or is known to the election board or any member thereof or when the registered voter requests such assistance in any manner.

      4.  In addition to complying with the requirements of this section, the city clerk and election board officer shall, upon the request of a registered voter with a physical disability, make reasonable accommodations to allow the voter to vote at [his or her] a polling place [.] at which he or she is entitled to vote.

      Sec. 91.5. NRS 293C.292 is hereby amended to read as follows:

      293C.292  1.  A person applying to vote may be challenged:

      (a) Orally by any registered voter of the precinct or district upon the ground that he or she is not the person entitled to vote as claimed or has voted before at the same election; or

      (b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.

      2.  If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:

      (a) If the challenge is on the ground that the challenged person does not reside at the residence for which the address is listed in the roster, “I swear or affirm under penalty of perjury that I reside at the residence for which the address is listed in the roster”;

      (b) If the challenge is on the ground that the challenged person previously voted a ballot for the election, “I swear or affirm under penalty of perjury that I have not voted for any of the candidates or questions included on this ballot for this election”; or

      (c) If the challenge is on the ground that the challenged person is not the person he or she claims to be, “I swear or affirm under penalty of perjury that I am the person whose name is in this roster.”

 


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

ê2019 Statutes of Nevada, Page 4112 (CHAPTER 619, AB 345)ê

 

Ê The oath or affirmation must be set forth on a form prepared by the Secretary of State and signed by the challenged person under penalty of perjury.

      3.  If the challenged person refuses to execute the oath or affirmation so tendered, the person must not be issued a ballot, and the election board officer shall indicate in the roster “Challenged” by the person’s name.

      4.  If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) of subsection 2, the election board officers shall inform the person that he or she is entitled to vote only in the manner prescribed in NRS 293C.295.

      5.  If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (c) of subsection 2, the election board officers shall issue him or her a ballot.

      6.  If the challenge is based on the ground set forth in paragraph (a) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he or she furnishes satisfactory identification that contains proof of the address at which the person actually resides. For the purposes of this subsection, a voter registration card [issued pursuant to NRS 293.517] does not provide proof of the address at which a person resides.

      7.  If the challenge is based on the ground set forth in paragraph (c) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless the person:

      (a) Furnishes official identification which contains a photograph of the person, such as a driver’s license or other official document; or

      (b) Brings before the election board officers a person who is at least 18 years of age who:

             (1) Furnishes official identification which contains a photograph of the person, such as a driver’s license or other official document; and

             (2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he or she swears to be.

      8.  The election board officers shall:

      (a) Record on the challenge list:

             (1) The name of the challenged person;

             (2) The name of the registered voter who initiated the challenge; and

             (3) The result of the challenge; and

      (b) If possible, orally notify the registered voter who initiated the challenge of the result of the challenge.

      Sec. 92. NRS 293C.297 is hereby amended to read as follows:

      293C.297  1.  If at the hour of closing the polls there are any [registered] :

      (a) Registered voters waiting in line to apply to vote [,] at the polling place; or

      (b) Electors waiting in line to apply to register to vote or apply to vote at the polling place pursuant to sections 5.1 to 9.8, inclusive, of this act,

Ê the doors of the polling place must be closed after all those registered voters and electors have been admitted to the polling place. [Voting,] The registration of those electors and the voting by those registered voters and electors must continue until [those voters have voted.] all such registration and voting has been completed.

      2.  The officer appointed by the chief law enforcement officer of the city shall allow other persons to enter the polling place after the doors have been closed [to observe or] pursuant to subsection 1 for the purpose of observing or any other [lawful] legitimate purpose if there is room within the polling place and [their] the admittance of those other persons will not interfere unduly with the registration of the electors and the voting [.]

 


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

ê2019 Statutes of Nevada, Page 4113 (CHAPTER 619, AB 345)ê

 

closed [to observe or] pursuant to subsection 1 for the purpose of observing or any other [lawful] legitimate purpose if there is room within the polling place and [their] the admittance of those other persons will not interfere unduly with the registration of the electors and the voting [.] by the registered voters and electors.

      Sec. 93. NRS 293C.306 is hereby amended to read as follows:

      293C.306  1.  A person who, during the 6 months immediately preceding an election, distributes to more than a total of 500 registered voters a form to request an absent ballot for the election shall:

      (a) Distribute the form prescribed by the Secretary of State, which must, in 14-point type or larger:

             (1) Identify the person who is distributing the form; and

             (2) Include a notice stating, “This is a request for an absent ballot.”;

      (b) Not later than [14] 28 days before distributing such a form, provide to the city clerk of each city to which a form will be distributed written notification of the approximate number of forms to be distributed to voters in the city and of the first date on which the forms will be distributed;

      (c) Not return or offer to return to the city clerk a form that was mailed to a registered voter pursuant to this subsection; and

      (d) Not mail such a form later than [21] 35 days before the election.

      2.  The provisions of this section do not authorize a person to vote by absent ballot if the person is not otherwise eligible to vote by absent ballot.

      Sec. 94. NRS 293C.310 is hereby amended to read as follows:

      293C.310  1.  Except as otherwise provided in NRS 293.502 and 293C.265, a registered voter may request an absent ballot if, before 5 p.m. on the [seventh] 14th calendar day preceding the election, the registered voter:

      (a) Provides sufficient written notice to the city clerk; and

      (b) Has identified himself or herself to the satisfaction of the city clerk.

      2.  A city clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as:

      (a) A request for the primary city election and the general city election unless otherwise specified in the request; and

      (b) A request for an absent ballot for the primary and general elections immediately following the date on which the city clerk received the request.

      3.  It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates any provision of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 95. NRS 293C.318 is hereby amended to read as follows:

      293C.318  1.  A registered voter [with a physical disability or] who [is at least 65 years of age and] provides sufficient written notice to the appropriate city clerk may request that the registered voter receive an absent ballot for all elections at which the registered voter is eligible to vote.

      2.  Except as otherwise provided in subsection 4, upon receipt of a request submitted by a registered voter pursuant to subsection 1, the city clerk shall:

      (a) Issue an absent ballot to the registered voter for each primary city election, general city election and special city election that is conducted after the date the written statement is submitted to the city clerk.

      (b) Inform the county clerk of receipt of the written statement. Upon receipt of the notice from the city clerk, the county clerk shall issue an absent ballot for each primary election, general election and special election that is not a city election that is conducted after the date the county clerk receives notice from the city clerk.

 


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

ê2019 Statutes of Nevada, Page 4114 (CHAPTER 619, AB 345)ê

 

ballot for each primary election, general election and special election that is not a city election that is conducted after the date the county clerk receives notice from the city clerk.

      3.  If, at the direction of the registered voter [,] with a physical disability or who is at least 65 years of age, a person:

      (a) Marks and signs an absent ballot issued to a registered voter pursuant to the provisions of this section on behalf of the registered voter, the person must:

             (1) Indicate next to his or her signature that the ballot has been marked and signed on behalf of the registered voter; and

             (2) Submit a written statement with the absent ballot that includes the name, address and signature of the person.

      (b) Assists a registered voter to mark and sign an absent ballot issued to the registered voter pursuant to this section, the person or registered voter must submit a written statement with the absent ballot that includes the name, address and signature of the person.

      4.  A city clerk may not mail an absent ballot requested by a registered voter pursuant to subsection 1 if, after the request is submitted:

      (a) The registered voter is designated inactive pursuant to NRS 293.530; [or]

      (b) The county clerk cancels the registration of the person pursuant to NRS 293.527, 293.530, 293.535 or 293.540 [.] ; or

      (c) An absent ballot is returned to the county clerk as undeliverable, unless the registered voter has submitted a new request pursuant to subsection 1.

      5.  The procedure authorized pursuant to this section is subject to all other provisions of this chapter relating to voting by absent ballot to the extent that those provisions are not inconsistent with the provisions of this section.

      Sec. 96. NRS 293C.325 is hereby amended to read as follows:

      293C.325  1.  Except as otherwise provided in [subsection 2 and] NRS 293D.200, when an absent ballot is returned by a registered voter to the city clerk through the mail, by facsimile machine or other approved electronic transmission or in person, and record thereof is made in the absent ballot record book, the city clerk shall check the signature in accordance with the following procedure:

      (a) The city clerk shall check the signature on the return envelope, facsimile or other approved electronic transmission against all signatures of the voter available in the records of the city clerk.

      (b) If at least two employees in the office of the city clerk believe there is a reasonable question of fact as to whether the signature on the absent ballot matches the signature of the voter, the city clerk shall contact the voter and ask the voter to confirm whether the signature on the absent ballot belongs to the voter.

      2.  Except as otherwise provided in subsection 3, if the city clerk determines pursuant to subsection 1 that the absent voter is entitled to cast a ballot and:

      (a) No absent ballot central counting board has been appointed, the city clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the appropriate election board.

      [2.  Except as otherwise provided in NRS 293D.200, if an]

 


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

ê2019 Statutes of Nevada, Page 4115 (CHAPTER 619, AB 345)ê

 

      (b) An absent ballot central counting board has been appointed, [when an absent ballot is returned by a registered voter to the city clerk through the mail, by facsimile machine or other approved electronic transmission or in person, the city clerk shall check the signature on the return envelope, facsimile or other approved electronic transmission against the original signature of the voter on the city clerk’s register. If the city clerk determines that the absent voter is entitled to cast a ballot,] the city clerk shall deposit the ballot in the proper ballot box or place the ballot, unopened, in a container that must be securely locked or under the control of the city clerk at all times. At the end of each day before election day, the city clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. Not earlier than 4 working days before the election, the city clerk shall deliver the ballots to the absent ballot central counting board to be processed and prepared for counting pursuant to the procedures established by the Secretary of State to ensure the confidentiality of the prepared ballots until after the polls have closed pursuant to NRS 293C.267 or 293C.297.

      3.  If the city clerk determines when checking the signature of the absent voter pursuant to subsection 1 that the absent voter did not sign the return envelope as required pursuant to NRS 293.330 but is otherwise entitled to cast a ballot, the city clerk shall contact the absent voter and advise the absent voter of the procedures to provide a signature established pursuant to subsection 4. For the absent ballot to be counted, the absent voter must provide a signature within the period for the counting of absent ballots pursuant to subsection 2 of NRS 293C.332.

      4.  Each city clerk shall prescribe procedures for a voter who did not sign the return envelope of an absent ballot in order to:

      (a) Contact the voter;

      (b) Allow the voter to provide a signature; and

      (c) After a signature is provided, ensure the absent ballot is delivered to the appropriate election board or the absent ballot central counting board, as applicable.

      Sec. 97. NRS 293C.330 is hereby amended to read as follows:

      293C.330  1.  Except as otherwise provided in subsection 2 of NRS 293C.322 and chapter 293D of NRS, and any regulations adopted pursuant thereto, when an absent voter receives an absent ballot, the absent voter must mark and fold it in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his or her signature on the back of the envelope in the space provided therefor and mail or deliver the return envelope.

      2.  Except as otherwise provided in subsection 3, if an absent voter who has requested a ballot by mail applies to vote the ballot in person at:

      (a) The office of the city clerk, the absent voter must mark the ballot, seal it in the return envelope and affix his or her signature in the same manner as provided in subsection 1, and deliver the envelope to the city clerk.

      (b) A polling place, including, without limitation, a polling place for early voting, the absent voter must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it “Cancelled.”

      3.  If an absent voter who has requested a ballot by mail applies to vote in person at the office of the city clerk or a polling place, including, without limitation, a polling place for early voting, and the voter does not have the absent ballot to deliver or surrender, the voter must be issued a ballot to vote if the voter:

 


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

ê2019 Statutes of Nevada, Page 4116 (CHAPTER 619, AB 345)ê

 

limitation, a polling place for early voting, and the voter does not have the absent ballot to deliver or surrender, the voter must be issued a ballot to vote if the voter:

      (a) Provides satisfactory identification;

      (b) Is a registered voter who is otherwise entitled to vote; and

      (c) Signs an affirmation under penalty of perjury on a form prepared by the Secretary of State declaring that the voter has not voted during the election.

      4.  Except as otherwise provided in NRS 293C.317 and 293C.318, it is unlawful for any person to return an absent ballot other than the voter who requested the absent ballot or, at the request of the voter, a member of the voter’s family. A person who returns an absent ballot and who is a member of the family of the voter who requested the absent ballot shall, under penalty of perjury, indicate on a form prescribed by the city clerk that the person is a member of the family of the voter who requested the absent ballot and that the voter requested that the person return the absent ballot. A person who violates the provisions of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 98. NRS 293C.332 is hereby amended to read as follows:

      293C.332  1.  Except as otherwise provided in NRS 293D.200, on the day of an election, the election boards receiving the absent voters’ ballots from the city clerk shall, in the presence of a majority of the election board officers, remove the ballots from the ballot box and the containers in which the ballots were transported pursuant to NRS 293C.325 and deposit the ballots in the regular ballot box in the following manner:

      [1.](a) The name of the voter, as shown on the return envelope or approved electronic transmission must be called and checked as if the voter were voting in person;

      [2.](b) The signature on the back of the return envelope or on the approved electronic transmission must be compared with that on the application to register to vote;

      [3.](c) If the board determines that the absent voter is entitled to cast a ballot, the envelope must be opened, the numbers on the ballot and envelope or approved electronic transmission compared, the number strip or stub detached from the ballot and, if the numbers are the same, the ballot deposited in the regular ballot box; and

      [4.](d) The election board officers shall indicate in the roster “Voted” by the name of the voter.

      2.  Counting of absent ballots must continue through the seventh day following the election.

      Sec. 99. NRS 293C.355 is hereby amended to read as follows:

      293C.355  The provisions of NRS 293C.355 to 293C.361, inclusive, and sections 5.1 to 9.8, inclusive, of this act relating to early voting apply to a city only if the governing body of the city has provided for early voting by personal appearance pursuant to paragraph (b) of subsection 2 of NRS 293C.110.

      Sec. 100. (Deleted by amendment.)

      Sec. 101. NRS 293C.3568 is hereby amended to read as follows:

      293C.3568  1.  The period for early voting by personal appearance begins the third Saturday preceding a primary city election or general city election, and extends through the Friday before election day, Sundays and federal holidays excepted.

      2.  The city clerk may:

 


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

ê2019 Statutes of Nevada, Page 4117 (CHAPTER 619, AB 345)ê

 

      (a) Include any Sunday or federal holiday that falls within the period for early voting by personal appearance.

      (b) Require a permanent polling place for early voting to remain open until 8 p.m. on any Saturday that falls within the period for early voting.

      3.  A permanent polling place for early voting must remain open:

      (a) On Monday through Friday [:

             (1) During the first week of early voting, from 8 a.m. until 6 p.m.

             (2) During] during the [second week] period of early voting [, from 8 a.m. until 6 p.m., or until 8 p.m. if,] for at least 8 hours during such hours as the city clerk [so requires.] may establish.

      (b) On any Saturday that falls within the period for early voting, for at least 4 hours [between 10 a.m. and 6 p.m.] during such hours as the city clerk may establish.

      (c) If the city clerk includes a Sunday that falls within the period for early voting pursuant to subsection 2, during such hours as the city clerk may establish.

      Sec. 102. NRS 293C.3576 is hereby amended to read as follows:

      293C.3576  1.  The city clerk shall publish during the week before the period for early voting and at least once each week during the period for early voting in a newspaper of general circulation a schedule stating:

      (a) The location of each permanent and temporary polling place for early voting.

      (b) The dates and hours that early voting will be conducted at each location.

      2.  The city clerk shall post a copy of the schedule on the bulletin board used for posting notice of the meetings of the city council. The schedule must be posted continuously for a period beginning not later than the fifth day before the first day of the period for early voting by personal appearance and ending on the last day of that period.

      3.  The city clerk shall make copies of the schedule available to the public in reasonable quantities without charge during the period of posting.

      4.  No additional polling places for early voting may be established after the schedule is published pursuant to this section.

      5.  The hours that early voting will be conducted at each polling place for early voting may be extended at the discretion of the city clerk after the schedule is published pursuant to this section.

      Sec. 103. NRS 293C.3585 is hereby amended to read as follows:

      293C.3585  1.  Except as otherwise provided in NRS 293C.272 [,] and sections 5.1 to 9.8, inclusive, of this act, upon the appearance of a person to cast a ballot for early voting, an election board officer shall:

      (a) Determine that the person is a registered voter in the county.

      (b) Instruct the voter to sign the roster for early voting or a signature card.

      (c) Verify the signature of the voter in the manner set forth in NRS 293C.270.

      (d) Verify that the voter has not already voted in that city in the current election . [pursuant to this section.]

      2.  If the signature does not match, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

      (b) Providing the election board officer, orally or in writing, with other personal data which verifies the identity of the voter; or

 


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

ê2019 Statutes of Nevada, Page 4118 (CHAPTER 619, AB 345)ê

 

      (c) Providing the election board officer with proof of identification as described in NRS 293C.270 other than the voter registration card issued to the voter . [at the time he or she registered to vote or was deemed to be registered to vote.]

      3.  If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.

      4.  The city clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that city in the current election . [pursuant to this section.]

      5.  The roster for early voting or signature card, as applicable, must contain:

      (a) The voter’s name, the address where he or she is registered to vote, his or her voter identification number and a place for the voter’s signature;

      (b) The voter’s precinct or voting district number, if that information is available; and

      (c) The date of voting early in person.

      6.  When a voter is entitled to cast a ballot and has identified himself or herself to the satisfaction of the election board officer, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use at the polling place for early voting.

      7.  If the ballot is voted on a mechanical recording device which directly records the votes electronically, the election board officer shall:

      (a) Prepare the mechanical recording device for the voter;

      (b) Ensure that the voter’s precinct or voting district, if that information is available, and the form of ballot are indicated on the voting receipt, if the city clerk uses voting receipts; and

      (c) Allow the voter to cast a vote.

      8.  A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293C.292.

      Sec. 104. NRS 293C.3604 is hereby amended to read as follows:

      293C.3604  If ballots which are voted on a mechanical recording device which directly records the votes electronically are used during the period for early voting by personal appearance : [in an election other than a presidential preference primary election:]

      1.  At the close of each voting day, the election board shall:

      (a) Prepare and sign a statement for the polling place. The statement must include:

             (1) The title of the election;

             (2) The number which identifies the mechanical recording device and the storage device required pursuant to NRS 293B.084;

             (3) The number of ballots voted on the mechanical recording device for that day;

             (4) The number of signatures in the roster for early voting for that day; [and]

             (5) The number of signatures on signature cards for that day [.] ; and

             (6) The number of signatures in the roster designated for electors who applied to register to vote or applied to vote at the polling place pursuant to sections 5.1 to 9.8, inclusive, of this act.

      (b) Secure:

             (1) The ballots pursuant to the plan for security required by NRS 293C.3594; and

 


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

ê2019 Statutes of Nevada, Page 4119 (CHAPTER 619, AB 345)ê

 

             (2) Each mechanical voting device in the manner prescribed by the Secretary of State pursuant to NRS 293C.3594.

      2.  At the close of the last voting day, the city clerk shall deliver to the ballot board for early voting:

      (a) The statements for all polling places for early voting;

      (b) The voting rosters used for early voting;

      (c) The signature cards used for early voting;

      (d) The storage device required pursuant to NRS 293B.084 from each mechanical recording device used during the period for early voting; and

      (e) Any other items as determined by the city clerk.

      3.  Upon receipt of the items set forth in subsection 2 at the close of the last voting day, the ballot board for early voting shall:

      (a) Indicate the number of ballots on an official statement of ballots; and

      (b) Place the storage devices in the container provided to transport those items to the central counting place and seal the container with a number seal. The official statement of ballots must accompany the storage devices to the central counting place.

      Sec. 104.5. NRS 293C.387 is hereby amended to read as follows:

      293C.387  1.  The election returns from a special election, primary city election or general city election must be filed with the city clerk, who shall immediately place the returns in a safe or vault designated by the city clerk. No person may handle, inspect or in any manner interfere with the returns until they are canvassed by the mayor and the governing body of the city.

      2.  After the governing body of a city receives the returns from all the precincts and districts in the city, it shall meet with the mayor to canvass the returns. The canvass must be completed on or before the [sixth working] 10th day following the election.

      3.  In completing the canvass of the returns, the governing body of the city and the mayor shall:

      (a) Note separately any clerical errors discovered; and

      (b) Take account of the changes resulting from the discovery, so that the result declared represents the true vote cast.

      4.  After the canvass is completed, the governing body of the city and mayor shall declare the result of the canvass.

      5.  The city clerk shall enter upon the records of the governing body of the city an abstract of the result. The abstract must be prepared in the manner prescribed by regulations adopted by the Secretary of State and must contain the number of votes cast for each candidate.

      6.  After the abstract is entered, the:

      (a) City clerk shall seal the election returns, maintain them in a vault for at least 22 months and give no person access to them during that period, unless access is ordered by a court of competent jurisdiction or by the governing body of the city.

      (b) Governing body of the city shall, by an order made and entered in the minutes of its proceedings, cause the city clerk to:

             (1) Certify the abstract;

             (2) Make a copy of the certified abstract;

             (3) Make a mechanized report of the abstract in compliance with regulations adopted by the Secretary of State;

             (4) Transmit a copy of the certified abstract and the mechanized report of the abstract to the Secretary of State within 7 working days after the election; and

 


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

ê2019 Statutes of Nevada, Page 4120 (CHAPTER 619, AB 345)ê

 

             (5) Transmit on paper or by electronic means to each public library in the city, or post on a website maintained by the city or the city clerk on the Internet or its successor, if any, a copy of the certified abstract within 30 days after the election.

      7.  After the abstract of the results from a:

      (a) Primary city election has been certified, the city clerk shall certify the name of each person nominated and the name of the office for which the person is nominated.

      (b) General city election has been certified, the city clerk shall:

             (1) Issue under his or her hand and official seal to each person elected a certificate of election; and

             (2) Deliver the certificate to the persons elected upon their application at the office of the city clerk.

      8.  The officers elected to the governing body of the city qualify and enter upon the discharge of their respective duties on the first regular meeting of that body next succeeding that in which the canvass of returns was made pursuant to subsection 2.

      Sec. 105. NRS 293C.527 is hereby amended to read as follows:

      293C.527  1.  Except as otherwise provided in NRS 293.502, 293D.230 and 293D.300 [:] and sections 5.1 to 9.8, inclusive, of this act:

      (a) For a primary city election or general city election, or a recall or special city election that is held on the same day as a primary city election or general city election, the last day to register to vote:

             (1) By mail is the fourth Tuesday preceding the primary city election or general city election.

             (2) By appearing in person at the office of the city clerk or, if open, a municipal facility designated pursuant to NRS 293C.520, is the [third] fourth Tuesday preceding the primary city election or general city election.

             (3) By computer, if the county clerk of the county in which the city is located has established a system pursuant to NRS 293.506 for using a computer to register voters [and:

                   (I) The governing body of the city has provided for early voting by personal appearance pursuant to paragraph (b) of subsection 2 of NRS 293C.110,] , is the Thursday preceding the [first day of the period for early voting.

                   (II) The governing body of the city has not provided for early voting by personal appearance pursuant to paragraph (b) of subsection 2 of NRS 293C.110, is the third Tuesday preceding any] primary city election or general city election [.] , unless the system is used to register voters for the election pursuant to section 8 or 9 of this act.

             (4) By computer using the system established by the Secretary of State pursuant to section 11 of this act, is the Thursday preceding the primary city election or general city election, unless the system is used to register voters for the election pursuant to section 8 or 9 of this act.

      (b) If a recall or special city election is not held on the same day as a primary city election or general city election, the last day to register to vote for the recall or special city election by any [means] method of registration is the third Saturday preceding the recall or special city election.

      2.  [For a primary city election or special city election, the office of the city clerk must be open until 7 p.m. during the last 2 days on which a person may register to vote in person.

 


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

ê2019 Statutes of Nevada, Page 4121 (CHAPTER 619, AB 345)ê

 

may register to vote in person. In a city whose population is less than 25,000, the office of the city clerk may close at 5 p.m. if approved by the governing body of the city.

      3.  For a general election:

      (a) In a city whose population is less than 25,000, the office of the city clerk must be open until 7 p.m. during the last 2 days on which a person may register to vote in person. The office of the city clerk may close at 5 p.m. if approved by the governing body of the city.

      (b) In a city whose population is 25,000 or more, the office of the city clerk must be open during the last 4 days on which a person may register to vote in person, according to the following schedule:

             (1) On weekdays until 9 p.m.; and

             (2) A minimum of 8 hours on Saturdays, Sundays and legal holidays.

      4.] Except as otherwise provided in sections 5.1 to 9.8, inclusive, of this act, after the deadline for the close of registration for a primary city election or general city election set forth in subsection 1, no person may register to vote for the election.

      3.  Except for a recall or special city election held pursuant to chapter 306 or 350 of NRS:

      (a) The city clerk of each city shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the city indicating:

             (1) The day and time that each method of registration for the election, as set forth in subsection 1, will be closed; and

             (2) If the city clerk has designated a municipal facility pursuant to NRS 293C.520, the location of that facility.

Ê If no newspaper is of general circulation in that city, the publication may be made in a newspaper of general circulation in the nearest city in this State.

      (b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

      [5.]