[Rev. 9/10/2021 11:30:56 AM]

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ê2021 Statutes of Nevada, Page 1213ê

 

CHAPTER 248, AB 321

Assembly Bill No. 321–Assemblymen Frierson and Benitez-Thompson

 

CHAPTER 248

 

[Approved: June 2, 2021]

 

AN ACT relating to elections; establishing procedures for the use of mail ballots in every election; establishing various requirements relating to mail ballots; revising the requirements for signature verification of mail ballots; revising the deadline to submit a request for the establishment of a polling place within an Indian reservation or Indian colony for an election; revising the personal data that may be requested if a voter’s signature is challenged at the polls; requiring the Secretary of State to enter into a cooperative agreement with the State Registrar of Vital Statistics to obtain certain information relating to the statewide voter registration list; authorizing a county clerk, city clerk or registrar of voters and deputies thereof charged with powers and duties relating to elections to request certain personal information be maintained in a confidential manner; revising provisions relating to the withdrawal of a petition for initiative or referendum; repealing provisions related to absent ballots, mailing ballots and affected elections; providing a penalty; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a registered voter to request an absent ballot to vote at an election and sets forth various requirements and procedures to be used for voting and processing absent ballots. (NRS 293.3088-293.340, 293C.304-293C.340) Existing law also provides that a county or city clerk may designate certain election precincts as mailing precincts or absent ballot mailing precincts and all registered voters who live in such an election precinct are mailed a mailing ballot and may vote by mailing ballot. (NRS 293.343-293.355, 293C.342-293C.352) Existing law further provides that for elections that are affected by certain emergencies or disasters, the county and city clerks are required to mail each registered voter a mail ballot and sets forth requirements and procedures to be used for mail ballots. (NRS 293.8801-293.8887) Section 91 of this bill repeals the existing provisions for absent ballots, mailing ballots and mail ballots. Sections 2, 3-17 and 51-63 of this bill: (1) require the county and city clerks to send each active registered voter and each person who registers to vote or updates his or her voter registration information not later than 14 days before an election a mail ballot for all elections; and (2) reenact, with certain changes, various requirements relating to the preparation and distribution of mail ballots and procedures for voting, returning, verifying and counting mail ballots. Sections 18-24, 30-33, 35-45, 47-49, 66-69, 72, 73, 76-79 and 81-84, 85 and 86 of this bill make conforming changes to revise references to absent ballots, mailing ballots and mail ballots for affected elections.

      Sections 3 and 51 of this bill provide that a voter may elect not to receive a mail ballot by submitting a written notice to the county or city clerk which must be received by the county or city clerk, as applicable, not later than 60 days before the day of the election.

      Sections 2.2 and 2.4 of this bill require the county clerk to establish a minimum number of polling places for primary elections and general elections in the county for early voting by personal appearance and polling places for voting on the day of the election based on the population of the county.

 


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      Existing law provides that an absent ballot or mail ballot that is mailed to the county or city clerk must be postmarked on or before the day of the election and received by 5 p.m. on the seventh day following the election. (NRS 293.317, 293.8861, 293C.319) Sections 8 and 56 of this bill revise this deadline to instead require a mail ballot that is mailed to the county or city clerk to be received by 5 p.m. on the fourth day following an election. Sections 8 and 56 also require the county and city clerk to establish ballot drop boxes at every polling location in the county or city, as applicable. Section 45 of this bill makes it a category E felony for a person other than a county clerk or city clerk to establish a ballot drop box.

      Existing law establishes a process for county and city clerks to verify signatures on absent ballots, mailing ballots and mail ballots. (NRS 293.325, 293.355, 293.8874, 293C.325, 293C.352) Sections 11 and 59 of this bill authorize the county and city clerks to review the signature of a voter manually or by electronic means and establish requirements for an electronic device to verify the signature of a voter.

      Sections 16 and 64 of this bill require each county clerk and city clerk and all members of their staff whose duties include administering an election to complete a class on forensic signature verification that is approved by the Secretary of State at least once each year. Sections 17 and 65 of this bill provide that if a county or city clerk uses an electronic device to verify signatures on mail ballots, the clerk must: (1) conduct a test of the accuracy of every electronic device before the election; (2) perform daily audits of the electronic device during the processing of ballots for the election; and (3) prepare an audit report. Sections 34 and 80 of this bill require the audit reports to be deposited in the vaults of the county or city with other election materials.

      Existing law allows a voter who has failed to affix his or her signature on an absent, mailing or mail ballot or for whom there is a reasonable question of fact as to whether the signature used for the absent, mailing or mail ballot matches the signature of the voter to provide a signature or confirmation not later than 5 p.m. on the seventh day following an election or the ninth day following an affected election. (NRS 293.325, 293.355, 293.8874, 293C.325, 293C.352) Sections 11 and 59 revise this deadline to require a voter to provide a signature or confirmation by the sixth day following an election. Sections 11 and 59 also establish methods by which the county or city clerk may verify the identity of a voter for whom there is a reasonable question of fact as to whether the signature used on his or her mailing ballot matches the voter’s signature.

      Existing law requires certain persons who register to vote to show certain proof of identity and residency the first time voting in an election for federal office in this State. A person who registers to vote at the Department of Motor Vehicles using the process commonly known as the Automatic Voter Registration System is not required to show proof of identity or residency the first time voting in an election for federal office in this State if the person presented to the Department of Motor Vehicles certain proof of identity and residency. (NRS 293.2725, 293.5742) Section 25 of this bill makes a technical change to clarify that a person who registers to vote at the Department of Motor Vehicles using the Automatic Voter Registration System is not required to show proof of identity or residency the first time voting in an election for federal office in this State if the person presented to the Department of Motor Vehicles certain proof of identity and residency.

      Existing law authorizes an Indian tribe to submit a request for the establishment of a polling place within the boundaries of an Indian reservation or Indian colony, which must be submitted by the first Friday in January for a primary election and the first Friday in July for a general election. (NRS 293.2733, 293.3572, 293C.2675, 293C.3572) Sections 26, 28, 70 and 74 of this bill revise the deadline for the request for the establishment of a polling place within the boundaries of an Indian reservation or Indian colony for early voting and the day of a primary election or general election to March 1 for a primary election and August 1 for a general election. Sections 26 and 70 also authorize an Indian tribe to submit a request for the establishment of a ballot drop box within the boundaries of an Indian reservation or Indian colony by the same deadlines.

 


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      Existing law provides that if the signature of a voter who appears to vote in person at the polls does not match the voter’s signature on file, the voter must be identified by answering questions covering the personal data reported on an application to register to vote or providing other personal data. (NRS 293.285, 293.3585, 293C.275, 293C.3585) Sections 27, 29, 71 and 75 of this bill provide that the questions covering the personal data of a voter may include the voter’s date of birth.

      Existing law authorizes a person to register to vote through the Thursday preceding the day of the election by submitting an application to register to vote by computer using the system established by the Secretary of State before the person appears at a polling place to vote in person using a provisional ballot. (NRS 293.560, 293.5837, 293C.527) Sections 42.5, 43 and 80.5 of this bill extend this deadline to allow a person to register to vote using this method through the day of the election.

      Existing law requires the Secretary of State to establish and maintain the statewide voter registration list. (NRS 293.675) Section 44 of this bill requires the Secretary of State to enter into a cooperative agreement with the State Registrar of Vital Statistics to match information in the statewide voter registration list with the records from the State Registrar of Vital Statistics concerning the death of residents of the State to maintain the statewide voter registration list.

      Existing law authorizes certain persons to obtain a court order to require a county assessor, county recorder, county clerk, city clerk or Secretary of State to maintain the personal information of the person contained in their records in a confidential manner. (NRS 247.530, 247.540, 250.130, 250.140, 293.908) Sections 46, 87 and 88 of this bill authorize a county or city clerk or registrar of voters charged with the powers and duties relating to elections and any deputy appointed by the county or city clerk or registrar of voters in the elections division to request a court order to require a county assessor, county recorder, county clerk, city clerk or the Secretary of State maintain the personal information of the person contained in their records in a confidential manner.

      Existing law authorizes, under certain circumstances, a petition for initiative or referendum to be withdrawn. Once a petition for initiative or referendum is withdrawn, no further action may be taken on that petition. (NRS 295.026) Section 84.5 of this bill provides that a notice of withdrawal of: (1) a petition for initiative that proposes a statute or an amendment to a statute must be submitted to the Secretary of State not later than 90 days before the election at which the question of approval of disapproval of the initiative will appear on the ballot; (2) a petition for initiative that proposes an amendment to the Constitution must be submitted to the Secretary of State not later than 90 days before the first election at which the question of approval or disapproval of the initiative will appear on the ballot; or (3) a petition for referendum must be submitted to the Secretary of State not later than 90 days before the election at which the question of approval or disapproval of the referendum will appear on the ballot.

      Existing law authorizes certain persons to request that the Department of Motor Vehicles display an alternate address on the person’s driver’s license, commercial driver’s license or identification card. (NRS 481.091) Section 89 of this bill authorizes a county clerk, city clerk, registrar of voters charged with powers and duties related to elections and any deputy in the elections division of the county or city to also request that the Department display an alternate address on the person’s driver’s license, commercial driver’s license or identification card.

      Section 89.5 of this bill makes an appropriation to the Office of the Secretary of State for the costs of ballot stock, postage and postcard notifications to carry out the provisions of this bill.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.

      Sec. 2. “Mail ballot” means a mail ballot distributed to an active registered voter pursuant to the provisions of sections 3 to 15, inclusive, of this act and sections 51 to 65, inclusive, of this act.

      Sec. 2.2. For a primary election or general election, the county clerk must establish:

      1.  In a county whose population is 700,000 or more, at least 25 polling places for early voting by personal appearance, which may be any combination of temporary or permanent polling places for early voting.

      2.  In a county whose population is 100,000 or more but less than 700,000, at least 15 polling places for early voting by personal appearance, which may be any combination of temporary or permanent polling places for early voting.

      3.  In a county whose population is less than 100,000, at least 1 permanent polling place for early voting by personal appearance.

      Sec. 2.4. 1.  For a primary election or general election, the county clerk must establish:

      (a) In a county whose population is 700,000 or more, at least 100 polling places where a person can vote in person on the day of the election.

      (b) In a county whose population is 100,000 or more but less than 700,000, at least 25 polling places where a person can vote in person on the day of the election.

      (c) In a county whose population is less than 100,000, at least 1 permanent polling place where a person can vote in person on the day of the election.

      2.  For the purposes of subsection 1, a polling place where a person can vote on the day of the election may include a vote center.

      Sec. 3. 1.  Except as otherwise provided in this section, the county clerk shall prepare and distribute to each active registered voter in the county and each person who registers to vote or updates his or her voter registration information not later than the 14 days before the election a mail ballot for every election. The county clerk shall make reasonable accommodations for the use of the mail ballot by a person who is elderly or disabled, including, without limitation, by providing, upon request, the absent ballot in 12-point type to a person who is elderly or disabled.

      2.  The county clerk shall allow a voter to elect not to receive a mail ballot pursuant to this section by submitting to the county clerk a written notice in the form prescribed by the county clerk which must be received by the county clerk not later than 60 days before the day of the election.

      3.  The county clerk shall not distribute a mail ballot to any person who:

      (a) Registers to vote for the election pursuant to the provisions of NRS 293.5772 to 293.5887, inclusive; or

      (b) Elects not to receive a mail ballot pursuant to subsection 2.

      4.  The mail ballot must include all offices, candidates and measures upon which the voter is entitled to vote at the election.

 


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      5.  Except as otherwise provided in subsections 2 and 3, the mail ballot must be distributed to:

      (a) Each active registered voter who:

             (1) Resides within the State, not later than 20 days before the election; and

             (2) Except as otherwise provided in paragraph (c), resides outside the State, not later than 40 days before the election.

      (b) Each active registered voter who registers to vote after the dates set for distributing mail ballots pursuant to paragraph (a) but who is eligible to receive a mail ballot pursuant to subsection 1, not later than 13 days before the election.

      (c) Each covered voter who is entitled to have a military-overseas ballot transmitted pursuant to the provisions of chapter 293D of NRS or the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq., not later than the time required by those provisions.

      6.  In the case of a special election where no candidate for federal office will appear on the ballot, the mail ballot must be distributed to each active registered voter not later than 15 days before the special election.

      7.  Any untimely legal action which would prevent the mail ballot from being distributed to any voter pursuant to this section is moot and of no effect.

      Sec. 4. 1.  Except as otherwise provided in subsection 2, section 3 of this act and chapter 293D of NRS, the county clerk shall send to each active registered voter by first-class mail, or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed:

      (a) A mail ballot;

      (b) A return envelope;

      (c) An envelope or sleeve into which the mail ballot is inserted to ensure its secrecy; and

      (d) Instructions.

      2.  In sending a mail ballot to an active registered voter, the county clerk shall use an envelope that may not be forwarded to an address of the voter that is different from the address to which the mail ballot is mailed.

      3.  The return envelope must include postage prepaid by first-class mail if the active registered voter is within the boundaries of the United States, its territories or possessions or on a military base.

      4.  Before sending a mail ballot to an active registered voter, the county clerk shall record:

      (a) The date the mail ballot is issued;

      (b) The name of the voter to whom the mail ballot is issued, his or her precinct or district and his or her political affiliation, if any, unless all the offices on the mail ballot are nonpartisan offices;

      (c) The number of the mail ballot; and

      (d) Any remarks the county clerk finds appropriate.

      Sec. 5. 1.  Except as otherwise provided in subsection 2, if a person applied by mail or computer to register to vote, or preregistered to vote by mail or computer and is subsequently deemed to be registered to vote, and the person has not previously voted in any election for federal office in this State, the county clerk must inform the person that he or she must include a copy of the information required in paragraph (b) of subsection 1 of NRS 293.2725 in the return envelope with the mail ballot.

 


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      2.  The provisions of subsection 1 do not apply to a person who:

      (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 his or her 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;

      (b) Registers to vote by mail or computer and submits with his or her 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 NRS 293.5732 to 293.5757, inclusive, 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; 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 pursuant to the provisions of chapter 293D of NRS or 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 pursuant to the provisions of 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 pursuant to the provisions of any other federal law.

      3.  If a person fails to provide the identification required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his or her mail ballot:

      (a) The mail ballot must be treated as a provisional ballot; and

      (b) The county clerk must:

             (1) Contact the person;

             (2) Allow the person to provide the identification required before 5 p.m. on the sixth day following the election; and

             (3) If the identification required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 is provided, ensure the mail ballot is delivered to the appropriate mail ballot central counting board.

      Sec. 6. 1.  Except as otherwise provided in section 7 of this act and chapter 293D of NRS, in order to vote a mail ballot, the voter must, in accordance with the instructions:

      (a) Mark and fold the mail ballot;

      (b) Deposit the mail ballot in the return envelope and seal the return envelope;

 


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      (c) Affix his or her signature on the return envelope in the space provided for the signature; and

      (d) Mail or deliver the return envelope in a manner authorized by law.

      2.  Except as otherwise provided in chapter 293D of NRS, voting must be only upon candidates whose names appear upon the mail ballot as prepared pursuant to section 3 of this act, and no person may write in the name of an additional candidate for any office.

      3.  If a mail ballot has been sent to a voter who applies to vote in person at a polling place, including, without limitation, a polling place for early voting, the voter must, in addition to complying with all other requirements for voting in person that are set forth in this chapter, surrender his or her mail ballot or sign an affirmation under penalty of perjury that the voter has not voted during the election. A person who receives a surrendered mail ballot shall mark it “Cancelled.”

      Sec. 7. 1.  Except as otherwise provided in this section, a person shall not mark and sign a mail ballot on behalf of a voter or assist a voter to mark and sign a mail ballot pursuant to the provisions of sections 3 to 15, inclusive, of this act.

      2.  At the direction of a voter who has a physical disability, is at least 65 years of age or is unable to read or write, a person may mark and sign a mail ballot on behalf of the voter or assist the voter to mark and sign a mail ballot pursuant to this section.

      3.  If a person marks and signs a mail ballot on behalf of a voter pursuant to this section, the person must indicate next to his or her signature that the mail ballot has been marked and signed on behalf of the voter.

      4.  If a person assists a voter to mark and sign a mail ballot pursuant to this section, the person or the voter must include on the return envelope his or her name, address and signature.

      Sec. 8. 1.  Except as otherwise provided in subsection 2 and chapter 293D of NRS, in order for a mail ballot to be counted for any election, the mail ballot must be:

      (a) Before the time set for closing of the polls, delivered by hand to the county clerk, or any ballot drop box established in the county pursuant to this section; or

      (b) Mailed to the county clerk, and:

             (1) Postmarked on or before the day of the election; and

             (2) Received by the clerk not later than 5 p.m. on the fourth day following the election.

      2.  If a mail ballot is received by mail not later than 5 p.m. on the third day following the election and the date of the postmark cannot be determined, the mail ballot shall be deemed to have been postmarked on or before the day of the election.

      3.  Each county clerk must establish a ballot drop box at every polling place in the county, including, without limitation, a polling place for early voting. A county clerk may establish a ballot drop box at any other location in the county where mail ballots can be delivered by hand and collected during the period for early voting and on election day. No person other than a clerk may establish a drop box for mail ballots.

      4.  A ballot drop box must be:

      (a) Constructed of metal or any other rigid material of sufficient strength and resistance to protect the security of the mail ballots; and

 


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      (b) Capable of securely receiving and holding the mail ballots and being locked.

      5.  A ballot drop box must be:

      (a) Placed in an accessible and convenient location at the office of the county clerk or a polling place in the county; and

      (b) Made available for use during the hours when the office of the county clerk, or the polling place, is open for business or voting, as applicable.

      Sec. 9. 1.  Except as otherwise provided in subsection 2, at the request of a voter whose mail ballot has been prepared by or on behalf of the voter, a person authorized by the voter may return the mail ballot on behalf of the voter by mail or personal delivery to the county clerk, or any ballot drop box established in the county, pursuant to section 8 of this act.

      2.  Except for an election board officer in the course of the election board officer’s official duties, a person shall not willfully:

      (a) Impede, obstruct, prevent or interfere with the return of a voter’s mail ballot;

      (b) Deny a voter the right to return the voter’s mail ballot; or

      (c) If the person receives the voter’s mail ballot and authorization to return the mail ballot on behalf of the voter by mail or personal delivery, fail to return the mail ballot, unless otherwise authorized by the voter, by mail or personal delivery:

             (1) Before the end of the third day after the day of receipt, if the person receives the mail ballot from the voter four or more days before the day of the election; or

             (2) Before the deadline established by the United States Postal Service for the mail ballot to be postmarked on the day of the election or before the polls close on the day of the election, as applicable to the type of delivery, if the person receives the mail ballot from the voter three or fewer days before the day of the election.

      3.  A person who violates any provision of subsection 2 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 10. 1.  The county clerk shall establish procedures for the processing and counting of mail ballots.

      2.  The procedures established pursuant to subsection 1:

      (a) May authorize mail ballots to be processed, verified and counted by computer or other electronic means; and

      (b) Must not conflict with the provisions of sections 3 to 15, inclusive, of this act.

      Sec. 11. 1.  Except as otherwise provided in NRS 293D.200, when a mail ballot is returned by or on behalf of a voter to the county clerk, and a record of its return is made in the mail ballot record for the election, the clerk or an employee in the office of the clerk shall check the signature used for the mail ballot by electronic means pursuant to subsection 2 or manually pursuant to subsection 3.

      2.  To check the signature used for a mail ballot by electronic means:

      (a) The electronic device must take a digital image of the signature used for the mail ballot and compare the digital image with the signatures of the voter from his or her application to register to vote or application to preregister to vote available in the records of the county clerk.

 


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      (b) If the electronic device does not match the signature of the voter, the signature shall be reviewed manually pursuant to the provisions of subsection 3.

      3.  To check the signature used for a mail ballot manually, the county clerk shall use the following procedure:

      (a) The clerk or employee shall check the signature used for the mail ballot against all signatures of the voter available in the records of the clerk.

      (b) If at least two employees in the office of the clerk believe there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, the clerk shall contact the voter and ask the voter to confirm whether the signature used for the mail ballot belongs to the voter.

      4.  For purposes of subsection 3:

      (a) There is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter if the signature used for the mail ballot differs in multiple, significant and obvious respects from the signatures of the voter available in the records of the clerk.

      (b) There is not a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter if:

             (1) The signature used for the mail ballot is a variation of the signature of the voter caused by the substitution of initials for the first or middle name, the substitution of a different type of punctuation in the first, middle or last name, the use of a common nickname or the use of one last name for a person who has two last names and it does not otherwise differ in multiple, significant and obvious respects from the signatures of the voter available in the records of the clerk; or

             (2) There are only slight dissimilarities between the signature used for the mail ballot and the signatures of the voter available in the records of the clerk.

      5.  Except as otherwise provided in subsection 6, if the clerk determines that the voter is entitled to cast the mail ballot, the clerk shall deposit the mail ballot in the proper ballot box or place the mail ballot, unopened, in a container that must be securely locked or under the control of the clerk at all times. The clerk shall deliver the mail ballots to the mail ballot central counting board to be processed and prepared for counting.

      6.  If the clerk determines when checking the signature used for the mail ballot that the voter failed to affix his or her signature or failed to affix it in the manner required by law for the mail ballot or that there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, but the voter is otherwise entitled to cast the mail ballot, the clerk shall contact the voter and advise the voter of the procedures to provide a signature or a confirmation that the signature used for the mail ballot belongs to the voter, as applicable. For the mail ballot to be counted, the voter must provide a signature or a confirmation, as applicable, not later than 5 p.m. on the sixth day following the election.

      7.  The clerk shall prescribe procedures for a voter who failed to affix his or her signature or failed to affix it in the manner required by law for the mail ballot, or for whom there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, in order to:

 


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      (a) Contact the voter;

      (b) Allow the voter to provide a signature or a confirmation that the signature used for the mail ballot belongs to the voter, as applicable; and

      (c) After a signature or a confirmation is provided, as applicable, ensure the mail ballot is delivered to the mail ballot central counting board.

      8.  If there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, the voter must be identified by:

      (a) Answering questions from the county clerk covering the personal data which is reported on the application to register to vote;

      (b) Providing the county clerk, orally or in writing, with other personal data which verifies the identity of the voter; or

      (c) Providing the county clerk with proof of identification as described in NRS 293.277 other than the voter registration card issued to the voter.

      9.  The procedures established pursuant to subsection 7 for contacting a voter must require the clerk to contact the voter, as soon as possible after receipt of the mail ballot, by:

      (a) Mail;

      (b) Telephone, if a telephone number for the voter is available in the records of the clerk; and

      (c) Electronic means, which may include, without limitation, electronic mail, if the voter has provided the clerk with sufficient information to contact the voter by such means.

      Sec. 12. 1.  The county clerk shall appoint a mail ballot central counting board for the election.

      2.  The clerk shall appoint and notify voters to act as election board officers for the mail ballot central counting board in such numbers as the clerk determines to be required by the volume of mail ballots required to be sent to each active registered voter in the county for the election. The voters appointed as election board officers for the mail ballot central counting board must not all be of the same political party. No candidate for nomination or election or a relative of the candidate within the second degree of consanguinity or affinity may be appointed as such an election board officer.

      3.  The clerk’s deputies who perform duties in connection with elections shall be deemed officers of the mail ballot central counting board.

      4.  The mail ballot central counting board is under the direction of the clerk.

      Sec. 13. 1.  The mail ballot central counting board may begin counting the received mail ballots 15 days before the day of the election. The board must complete the count of all mail ballots on or before the seventh day following the election. The counting procedure must be public.

      2.  If two or more mail ballots are found folded together to present the appearance of a single ballot, the mail ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by an election board officer and placed in the container or ballot box after the count is completed.

      Sec. 14. Except as otherwise provided in NRS 293D.200, each mail ballot central counting board shall process the mail ballots in the following manner:

      1.  The name of the voter, as shown on the return envelope, must be checked as if the voter were voting in person;

 


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ê2021 Statutes of Nevada, Page 1223 (CHAPTER 248, AB 321)ê

 

      2.  An election board officer shall indicate in the roster “Received” by the name of the voter;

      3.  If the board determines the voter is entitled to cast a mail ballot and all other processing steps have been completed, the return envelope must be opened and the mail ballot counted;

      4.  An election board officer shall indicate “Voted” by the name of the voter; and

      5.  When all mail ballots delivered to the board have been voted or rejected, except as otherwise provided in NRS 293D.200, the empty envelopes and the envelopes containing rejected mail ballots must be returned to the clerk. On all envelopes containing rejected mail ballots, the cause of rejection must be noted and the envelope signed by an election board officer.

      Sec. 15. 1.  The voting results of the mail ballot vote in each precinct must be certified and submitted to the county clerk, who shall have the results added to the votes of the precinct that were not cast by mail ballot. The returns of the mail ballot vote must be reported separately from the other votes that were not cast by mail ballot in the precinct unless reporting the returns separately would violate the secrecy of a voter’s ballot.

      2.  The clerk shall develop a procedure to ensure that each mail ballot is kept secret.

      3.  No voting results of mail ballots may be released until all polling places are closed and all votes have been cast on the day of the election. Any person who disseminates to the public in any way information pertaining to the count of mail ballots before all polling places are closed and all votes have been cast on the day of the election is guilty of a misdemeanor.

      Sec. 16. At least once each year, each county clerk and all members of his or her staff whose duties include administering an election must complete a training class on forensic signature verification that is approved by the Secretary of State.

      Sec. 17. If a county clerk uses an electronic device in an election to verify signatures on mail ballots:

      1.  The county clerk must conduct a test of the accuracy of the electronic devices before the election. The test must be conducted in a manner that ensures the electronic device will use the same standards for determining the validity of a signature as would be used by a natural person verifying the signature pursuant to section 11 of this act.

      2.  The county clerk must perform daily audits of each electronic device during the processing of mail ballots for the election. The daily audit must include a review of a sample of at least 1 percent of the signatures verified each day. The county clerk shall appoint election board officers who must not all be of the same political party to manually review the signatures. The county clerk must prepare a report of each daily audit.

      Sec. 18. 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] 293.016 to 293.121, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.

 


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ê2021 Statutes of Nevada, Page 1224 (CHAPTER 248, AB 321)ê

 

      Sec. 19. 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] A mail ballot;

      2.  A provisional ballot pursuant to NRS 293.3078 to 293.3086, inclusive; or

      3.  A provisional ballot pursuant to NRS 293.5772 to 293.5887, inclusive.

      Sec. 20. NRS 293.206 is hereby amended to read as follows:

      293.206  1.  On or before the last day in March of every even-numbered year, the county clerk shall provide the Secretary of State and the Director of the Legislative Counsel Bureau with a copy or electronic file of a map showing the boundaries of all election precincts in the county.

      2.  If the Secretary of State determines that the boundaries of an election precinct do not comply with the provisions of NRS 293.205, the Secretary of State must provide the county clerk with a written statement of noncompliance setting forth the reasons the precinct is not in compliance. Within 15 days after receiving the notice of noncompliance, the county clerk shall make any adjustments to the boundaries of the precinct which are required to bring the precinct into compliance with the provisions of NRS 293.205 and shall submit a corrected copy or electronic file of the precinct map to the Secretary of State and the Director of the Legislative Counsel Bureau.

      3.  If the initial or corrected election precinct map is not filed as required pursuant to this section or the county clerk fails to make the necessary changes to the boundaries of an election precinct pursuant to subsection 2, the Secretary of State may establish appropriate precinct boundaries in compliance with the provisions of NRS 293.205 to [293.213,] 293.210, inclusive. If the Secretary of State revises the map pursuant to this subsection, the Secretary of State shall submit a copy or electronic file of the revised map to the Director of the Legislative Counsel Bureau and the appropriate county clerk.

      4.  As used in this section, “electronic file” includes, without limitation, an electronic data file of a geographic information system.

      Sec. 21. NRS 293.217 is hereby amended to read as follows:

      293.217  1.  The county clerk of each county shall appoint and notify registered voters to act as election board officers for the various polling places in the county as provided in NRS 293.220 to [293.243,] 293.227, inclusive, and [293.384.] section 12 of this act. The registered voters appointed as election board officers for any polling place must not all be of the same political party. No candidate for nomination or election or a relative of the candidate within the second degree of consanguinity or affinity may be appointed as an election board officer. Immediately after election board officers are appointed, if requested by the county clerk, the sheriff shall:

      (a) Appoint a deputy sheriff for each polling place in the county and for the central election board or the [absent] mail ballot central counting board; or

      (b) Deputize as a deputy sheriff for the election an election board officer of each polling place in the county and for the central election board or the [absent] mail ballot central counting board. The deputized officer shall receive no additional compensation for services rendered as a deputy sheriff during the election for which the officer is deputized.

 


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ê2021 Statutes of Nevada, Page 1225 (CHAPTER 248, AB 321)ê

 

Ê Deputy sheriffs so appointed and deputized shall preserve order during hours of voting and attend closing of the polls.

      2.  The county clerk may appoint a trainee for the position of election board officer as set forth in NRS 293.2175.

      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] mail 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:

             (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 NRS 293.671 for using a computer to register voters.

      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.

 


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ê2021 Statutes of Nevada, Page 1226 (CHAPTER 248, AB 321)ê

 

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 293.2693 is hereby amended to read as follows:

      293.2693  If a county or city uses paper ballots, including, without limitation, for [absent] mail ballots , [and ballots voted in a mailing precinct,] the county or city clerk shall provide a voter education program specific to the voting system used by the county or city. The voter education program must include, without limitation, information concerning the effect of overvoting and the procedures for correcting a vote on a ballot before it is cast and counted and for obtaining a replacement ballot.

      Sec. 24. 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] otherwise than in person pursuant to federal law [, NRS 293.316] or chapter 293D of NRS;

      [(c)](b) Is disabled;

      [(d)](c) 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;

      (f) Requests an absent ballot in person at the office of the county clerk;] or

      [(g)](d) Is sent a mail ballot pursuant to the provisions of [NRS 293.8847] section 4 of this act and includes a copy of the information required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his or her voted mail ballot, if required pursuant to [NRS 293.8851.] section 5 of this act.

      Sec. 25. NRS 293.2725 is hereby amended to read as follows:

      293.2725  1.  Except as otherwise provided in subsection 2, in NRS 293.3081, 293.3083 and 293.5772 to 293.5887, inclusive, and in federal law, a person who registers to vote by mail or computer , [or registers to vote pursuant to NRS 293.5742,] 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:

 


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ê2021 Statutes of Nevada, Page 1227 (CHAPTER 248, AB 321)ê

 

      (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; 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.

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:

      (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;

      (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 NRS 293.5742, 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; 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.

 


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ê2021 Statutes of Nevada, Page 1228 (CHAPTER 248, AB 321)ê

 

      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 is mailed by the county clerk to the person and returned to the county clerk by the United States Postal Service.

      Sec. 26. NRS 293.2733 is hereby amended to read as follows:

      293.2733  1.  If an Indian reservation or Indian colony is located in whole or in part within a county, the Indian tribe may submit a request to the county clerk for the establishment [of a polling place] within the boundaries of the Indian reservation or Indian colony for the day of a primary election or general election [.] of:

      (a) A polling place;

      (b) A ballot drop box; or

      (c) Both a polling place and a ballot drop box.

      2.  A request for the establishment of a polling place , a ballot drop box or both a polling place and a ballot drop box within the boundaries of an Indian reservation or Indian colony for the day of a primary election or general election:

      (a) Must be submitted to the county clerk by the Indian tribe on or before:

             (1) If the request is for a primary election, [the first Friday in January] March 1 of the year in which the primary election is to be held.

             (2) If the request is for a general election, [the first Friday in July] August 1 of the year in which the general election is to be held.

      (b) May include one or more proposed locations within the boundaries of the Indian reservation or Indian colony for the polling place [.] or ballot drop box. Any proposed location must satisfy the criteria the county clerk uses for the establishment of any other polling place [.] or ballot drop box, as applicable.

      3.  Except as otherwise provided in this subsection, if the county clerk receives a request that satisfies the requirements set forth in subsection 2, the county clerk must establish at least one polling place or ballot box, as applicable within the boundaries of the Indian reservation or Indian colony at a location or locations, as applicable, approved by the Indian tribe for the day of a primary election or general election. The county clerk is not required to establish a polling place within the boundaries of an Indian reservation or Indian colony for the day of a primary election or general election if the county clerk established a temporary branch polling place for early voting pursuant to NRS 293.3572 within the boundaries of the Indian reservation or Indian colony for the same election.

      4.  If the county clerk establishes one or more polling places or ballot drop boxes within the boundaries of an Indian reservation or Indian colony pursuant to subsection 3 for the day of a primary election or general election, the county clerk must continue to establish one or more polling places or ballot drop boxes within the boundaries of the Indian reservation or Indian colony at a location or locations approved by the Indian tribe for the day of any future primary election or general election unless otherwise requested by the Indian tribe.

      Sec. 27. NRS 293.285 is hereby amended to read as follows:

      293.285  1.  Except as otherwise provided in NRS 293.283 and 293.5772 to 293.5887, inclusive:

      (a) A registered voter applying to vote shall state his or her name to the election board officer in charge of the roster; and

 


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ê2021 Statutes of Nevada, Page 1229 (CHAPTER 248, AB 321)ê

 

      (b) The election board officer shall:

             (1) Announce the name of the registered voter;

             (2) Instruct the registered voter to sign the roster or signature card;

             (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.

      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.

      4.  For the purposes of subsection 2, the personal data of a voter may include his or her date of birth.

      Sec. 28. NRS 293.3572 is hereby amended to read as follows:

      293.3572  1.  In addition to permanent polling places for early voting, except as otherwise provided in subsection 4, the county clerk may establish temporary branch polling places for early voting which may include, without limitation, the clerk’s office pursuant to NRS 293.3561.

      2.  If an Indian reservation or Indian colony is located in whole or in part within a county, the Indian tribe may submit a request to the county clerk for the establishment of a temporary branch polling place for early voting within the boundaries of the Indian reservation or Indian colony.

      3.  A request for the establishment of a temporary branch polling place for early voting within the boundaries of the Indian reservation or Indian colony:

      (a) Must be submitted to the county clerk by the Indian tribe on or before:

             (1) If the request is for a primary election, [the first Friday in January] March 1 of the year in which the general election is to be held.

             (2) If the request is for a general election, [the first Friday in July] August 1 of the year in which the general election is to be held.

      (b) May include one or more proposed locations within the boundaries of the Indian reservation or Indian colony for the temporary branch polling place and proposed hours of operation thereof. Any proposed location must satisfy the criteria established by the county clerk for the selection of temporary branch polling places pursuant to NRS 293.3561.

      4.  Except as otherwise provided in this subsection, if the county clerk receives a request that satisfies the requirements set forth in subsection 3, the county clerk must establish at least one temporary branch polling place for early voting within the boundaries of the Indian reservation or Indian colony. The location and hours of operation of such a temporary branch polling place for early voting must be approved by the Indian tribe. The county clerk is not required to establish a temporary branch polling place within the boundaries of the Indian reservation or Indian colony if the county clerk determines that it is not logistically feasible to establish a temporary branch polling place within the boundaries of the Indian reservation or Indian colony.

 


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ê2021 Statutes of Nevada, Page 1230 (CHAPTER 248, AB 321)ê

 

it is not logistically feasible to establish a temporary branch polling place within the boundaries of the Indian reservation or Indian colony.

      5.  If the county clerk establishes one or more temporary branch polling places within the boundaries of an Indian reservation or Indian colony pursuant to subsection 4 for early voting, the county clerk must continue to establish one or more temporary branch polling places within the boundaries of the Indian reservation or Indian colony at a location or locations approved by the Indian tribe for early voting in future elections unless otherwise requested by the Indian tribe.

      6.  The provisions of subsection 3 of NRS 293.3568 do not apply to a temporary branch polling place. Voting at a temporary branch polling place may be conducted on any one or more days and during any hours within the period for early voting by personal appearance, as determined by the county clerk.

      7.  The schedules for conducting voting are not required to be uniform among the temporary branch polling places.

      8.  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 temporary branch polling place for early voting, except to the extent necessary to conduct early voting at that location.

      Sec. 29. NRS 293.3585 is hereby amended to read as follows:

      293.3585  1.  Except as otherwise provided in NRS 293.283 and 293.5772 to 293.5887, inclusive, 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.

      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.  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

 


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ê2021 Statutes of Nevada, Page 1231 (CHAPTER 248, AB 321)ê

 

      (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.

      9.  For the purposes of subsection 2, the personal data of a voter may include his or her date of birth.

      Sec. 30. NRS 293.3625 is hereby amended to read as follows:

      293.3625  The county clerk shall make a record of the receipt at the central counting place of each sealed container used to transport official ballots pursuant to NRS 293.304, [293.325,] 293B.330 and 293B.335. The record must include the numbers indicated on the container and its seal pursuant to NRS 293.462.

      Sec. 31. NRS 293.363 is hereby amended to read as follows:

      293.363  [Except as otherwise provided for an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive:]

      1.  When the polls are closed, the counting board shall prepare to count the ballots voted. The counting procedure must be public and continue without adjournment until completed.

      2.  If the ballots are paper ballots, the counting board shall prepare in the following manner:

      (a) The container that holds the ballots or the ballot box must be opened and the ballots contained therein counted by the counting board and opened far enough to ascertain whether each ballot is single. If two or more ballots are found folded together to present the appearance of a single ballot, they must be laid aside until the count of the ballots is completed. If a majority of the inspectors are of the opinion that the ballots folded together were voted by one person, the ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by the counting board officers and placed in the container or ballot box after the count is completed.

      (b) If the ballots in the container or box are found to exceed in number the number of names as are indicated on the roster as having voted, the ballots must be replaced in the container or box, and a counting board officer, with his or her back turned to the container or box, shall draw out a number of ballots equal to the excess. The excess ballots must be marked on the back thereof with the words “Excess ballots not counted.” The ballots when so marked must be immediately sealed in an envelope and returned to the county clerk with the other ballots rejected for any cause.

      (c) When it has been ascertained that the number of ballots agrees with the number of names of registered voters shown to have voted, the board shall proceed to count. If there is a discrepancy between the number of ballots and the number of voters, a record of the discrepancy must be made.

 


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ê2021 Statutes of Nevada, Page 1232 (CHAPTER 248, AB 321)ê

 

      Sec. 32. NRS 293.365 is hereby amended to read as follows:

      293.365  Except as otherwise provided [for an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive,] in section 13 of this act, no counting board in any precinct, district or polling place in which paper ballots are used may commence to count the votes until all ballots used or unused are accounted for.

      Sec. 33. 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 10th day following the election . [or, if applicable, the 13th day following an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive.]

      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 on or before the 10th day following the election . [or, if applicable, the 13th day following an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive.]

      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. 34. NRS 293.391 is hereby amended to read as follows:

      293.391  1.  The voted ballots, rejected ballots, spoiled ballots, challenge lists, records printed on paper of voted ballots collected pursuant to NRS 293B.400, reports prepared pursuant to section 17 of this act and stubs of the ballots used, enclosed and sealed, must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk. The records of voted ballots that are maintained in electronic form must, after canvass of the votes by the board of county commissioners, be sealed and deposited in the vaults of the county clerk. The tally lists collected pursuant to this title must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk without being sealed. All materials described by this subsection must be preserved for at least 22 months, and all such sealed materials must be destroyed immediately after the preservation period. A notice of the destruction must be published by the clerk in at least one newspaper of general circulation in the county not less than 2 weeks before the destruction.

 


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ê2021 Statutes of Nevada, Page 1233 (CHAPTER 248, AB 321)ê

 

      2.  Unused ballots, enclosed and sealed, must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk and preserved for at least the period during which the election may be contested and adjudicated, after which the unused ballots may be destroyed.

      3.  The rosters containing the signatures of those persons who voted in the election and the tally lists deposited with the board of county commissioners are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the county clerk.

      4.  A contestant of an election may inspect all of the material regarding that election which is preserved pursuant to subsection 1 or 2, except the voted ballots and records printed on paper of voted ballots collected pursuant to NRS 293B.400 which are deposited with the county clerk.

      5.  The voted ballots and records printed on paper of voted ballots collected pursuant to NRS 293B.400 which are deposited with the county clerk are not subject to the inspection of anyone, except in cases of a contested election, and then only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of such judge, body or board.

      Sec. 35. NRS 293.393 is hereby amended to read as follows:

      293.393  1.  On or before the 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 , [or, if applicable, on or before the 13th day after an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive,] 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.

      Sec. 36. NRS 293.462 is hereby amended to read as follows:

      293.462  1.  Each container used to transport official ballots pursuant to NRS 293.304, [293.325,] 293B.330 and 293B.335 must:

      (a) Be constructed of metal or any other rigid material; and

      (b) Contain a seal which is placed on the container to ensure detection of any opening of the container.

      2.  The container and seal must be separately numbered for identification.

      Sec. 37. NRS 293.464 is hereby amended to read as follows:

      293.464  1.  If a court of competent jurisdiction orders a county to extend the deadline for voting beyond the statutory deadline in a particular election, the county clerk shall, as soon as practicable after receiving notice of the court’s decision:

      (a) Cause notice of the extended deadline to be published in a newspaper of general circulation in the county; and

      (b) Transmit a notice of the extended deadline to each registered voter who [requested an absent voter’s] received a mail ballot for the election and has not returned the mail ballot before the date on which the notice will be transmitted.

 


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ê2021 Statutes of Nevada, Page 1234 (CHAPTER 248, AB 321)ê

 

      2.  The notice required pursuant to paragraph (a) of subsection 1 must be published:

      (a) In a county whose population is 47,500 or more, on at least 3 successive days.

      (b) In a county whose population is less than 47,500, at least twice in successive issues of the newspaper.

      Sec. 38. NRS 293.4688 is hereby amended to read as follows:

      293.4688  1.  The Secretary of State shall ensure that:

      (a) All public information that is included on the Internet website required pursuant to NRS 293.4687 is accessible on a mobile device; and

      (b) A person may use a mobile device to submit any information or form related to elections that a person may otherwise submit electronically to the Secretary of State, including, without limitation, an application to preregister or register to vote [, a request for an absent ballot] and a request for a military-overseas ballot.

      2.  As used in this section:

      (a) “Military-overseas ballot” has the meaning ascribed to it in NRS 293D.050.

      (b) “Mobile device” includes, without limitation, a smartphone or a tablet computer.

      Sec. 39. 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 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.] section 3 of this act.

      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.

      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. 40. NRS 293.5002 is hereby amended to read as follows:

      293.5002  1.  The Secretary of State shall establish procedures to allow a person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive, to:

      (a) Preregister or register to vote; and

      (b) Vote by [absent] mail ballot,

Ê without revealing the confidential address of the person.

      2.  In addition to establishing appropriate procedures or developing forms pursuant to subsection 1, the Secretary of State shall develop a form to allow a person for whom a fictitious address has been issued to preregister or register to vote or to change the address of the person’s current preregistration or registration, as applicable. The form must include:

      (a) A section that contains the confidential address of the person; and

      (b) A section that contains the fictitious address of the person.

 


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ê2021 Statutes of Nevada, Page 1235 (CHAPTER 248, AB 321)ê

 

      3.  Upon receiving a completed form from a person for whom a fictitious address has been issued, the Secretary of State shall:

      (a) On the portion of the form that contains the fictitious address of the person, indicate the county and precinct in which the person will vote and forward this portion of the form to the appropriate county clerk; and

      (b) File the portion of the form that contains the confidential address.

      4.  [Notwithstanding any other provision of law, any request received by the Secretary of State pursuant to subsection 3 shall be deemed a request for a permanent absent ballot.

      5.]  Notwithstanding any other provision of law:

      (a) The Secretary of State and each county clerk shall keep the portion of the form developed pursuant to subsection 2 that he or she retains separate from other applications for preregistration or registration.

      (b) The county clerk shall not make the name, confidential address or fictitious address of the person who has been issued a fictitious address available for:

             (1) Inspection or copying; or

             (2) Inclusion in any list that is made available for public inspection,

Ê unless directed to do so by lawful order of a court of competent jurisdiction.

      Sec. 41. NRS 293.502 is hereby amended to read as follows:

      293.502  1.  An elector:

      (a) Who complies with the requirements for registration set forth in the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq.;

      (b) Who, not more than 60 days before an election:

             (1) Is discharged from the Armed Forces of the United States or is the spouse or dependent of an elector who is discharged from the Armed Forces; or

             (2) Is separated from employment outside the territorial limits of the United States or is the spouse or dependent of an elector who is separated from employment outside the territorial limits of the United States;

      (c) Who presents evidence of the discharge from the Armed Forces or separation from employment described in paragraph (b) to the county clerk; and

      (d) Is not registered to vote at the close of registration for that election,

Ê must be allowed to register to vote in the election.

      2.  Such an elector must:

      (a) Register in person; and

      (b) Vote in the office of the county clerk unless the elector is otherwise entitled to vote [an absent] a mail ballot pursuant to federal law.

      3.  The Secretary of State shall adopt regulations to carry out a program of registration for such electors.

      Sec. 42. 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

 


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ê2021 Statutes of Nevada, Page 1236 (CHAPTER 248, AB 321)ê

 

      (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:

      (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] a mail 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 does not provide proof of the:

      (a) Address at which a person actually resides; or

      (b) Residence or identity of a person.

      Sec. 42.5. NRS 293.560 is hereby amended to read as follows:

      293.560  1.  Except as otherwise provided in NRS 293.502, 293.5772 to 293.5887, inclusive, 293D.230 and 293D.300:

      (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 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 primary or general election, unless the system is used to register voters for the election pursuant to NRS 293.5842 or 293.5847.

 


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ê2021 Statutes of Nevada, Page 1237 (CHAPTER 248, AB 321)ê

 

Thursday preceding the primary or general election, unless the system is used to register voters for the election pursuant to NRS 293.5842 or 293.5847.

             (4) By computer using the system established by the Secretary of State pursuant to NRS 293.671, is the [Thursday preceding] day of the primary or general election . [, unless the system is used to register voters for the election pursuant to NRS 293.5842 or 293.5847.]

      (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 method of registration is the third Saturday preceding the recall or special election.

      2.  Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, 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 day that the last method of registration for the election, as set forth in subsection 1, will be closed.

      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.

      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. 43. NRS 293.5837 is hereby amended to read as follows:

      293.5837  1.  [Through the Thursday preceding the day of the election, an] 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 NRS 293.671 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 [,] less than 14 days before the election, 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:

 


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ê2021 Statutes of Nevada, Page 1238 (CHAPTER 248, AB 321)ê

 

             (1) A polling place established pursuant to NRS 293.3072 [, 293.8834] or 293C.3032 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 NRS 293.671; and

      (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 NRS 293.671 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.

 


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ê2021 Statutes of Nevada, Page 1239 (CHAPTER 248, AB 321)ê

 

      Sec. 44. 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;

      (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 [7,] 8, 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 [8,] 9, 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.  The Secretary of State shall enter into a cooperative agreement with the State Registrar of Vital Statistics to match information in the database of the statewide voter registration list with information in the records of State Registrar of Vital Statistics concerning the death of a resident of this State to maintain the statewide voter registration list.

 


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ê2021 Statutes of Nevada, Page 1240 (CHAPTER 248, AB 321)ê

 

Registrar of Vital Statistics concerning the death of a resident of this State to maintain the statewide voter registration list. The Secretary of State must compare the records of the State Registrar of Vital Statistics to those in the statewide voter registration list at least once per month.

      8.  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.

      [8.]9.  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

      (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. 45. NRS 293.730 is hereby amended to read as follows:

      293.730  1.  Except for an election board officer in the course of the election board officer’s official duties, a person shall not:

      (a) Remain in or outside of any polling place so as to interfere with the conduct of the election.

      (b) Accept from any voter a ballot prepared by or on behalf of the voter, other than [an absent ballot, mailing ballot,] a mail ballot or military-overseas ballot prepared by or on behalf of the voter with his or her authorization pursuant to this title.

      (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 one at which the person is entitled to vote.

      (e) Show his or her ballot to another person, after voting, so as to reveal any of his or her votes on the ballot, other than on his or her [absent ballot, mailing ballot,] mail ballot or military-overseas ballot prepared by or on behalf of the voter with his or her authorization pursuant to this title.

      (f) Inside a polling place, ask another person for his or her name, address or political affiliation or for whom he or she intends to vote.

      (g) Send, transmit, distribute or deliver a ballot to a voter, other than [an absent ballot, mailing ballot,] a mail ballot or military-overseas ballot when permitted pursuant to this title.

      (h) Except when permitted by the voter, alter, change, deface, damage or destroy [an absent ballot, mailing ballot,] a mail ballot or military-overseas ballot prepared by or on behalf of the voter with his or her authorization pursuant to this title.

      2.  A voter shall not:

      (a) Accept a ballot from another person, other than an election board officer in the course of the election board officer’s official duties or a person who sends, transmits, distributes or delivers [an absent ballot, mailing ballot,] a mail ballot or military-overseas ballot to the voter when permitted pursuant to this title.

 


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ê2021 Statutes of Nevada, Page 1241 (CHAPTER 248, AB 321)ê

 

      (b) Deliver to an election board officer in the course of the election board officer’s official duties 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 that he or she voted, other than any such mark that is permitted to be placed on [an absent ballot, mailing ballot,] a mail ballot or military-overseas ballot prepared by or on behalf of the voter with his or her authorization pursuant to this title.

      3.  A person other than a county or city clerk shall not set up a ballot drop box that purports to be an official ballot drop box for mail ballots.

      4.  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. 46. NRS 293.908 is hereby amended to read as follows:

      293.908  1.  The following persons may request that personal information contained in the records of the Secretary of State or a county or city clerk be kept confidential:

      (a) Any justice or judge in this State.

      (b) Any senior justice or senior judge in this State.

      (c) Any court-appointed master in this State.

      (d) Any clerk of a court, court administrator or court executive officer in this State.

      (e) Any district attorney or attorney employed by the district attorney who as part of his or her normal job responsibilities prosecutes persons for:

             (1) Crimes that are punishable as category A felonies; or

             (2) Domestic violence.

      (f) Any state or county public defender who as part of his or her normal job responsibilities defends persons for:

             (1) Crimes that are punishable as category A felonies; or

             (2) Domestic violence.

      (g) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities:

             (1) Interacts with the public; and

             (2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.

      (h) Any county manager in this State.

      (i) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer:

             (1) Who possess specialized training in code enforcement;

             (2) Who, as part of his or her normal job responsibilities, interacts with the public; and

             (3) Whose primary duties are the performance of tasks related to code enforcement.

      (j) Any county or city clerk or registrar of voters charged with the powers and duties relating to elections and any deputy appointed by the county or city clerk or registrar of voters in the elections division of the county or city.

      (k) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(i),] (j), inclusive.

      [(k)](l) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(i),] (j), inclusive, who was killed in the performance of his or her duties.

      2.  As used in this section:

 


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ê2021 Statutes of Nevada, Page 1242 (CHAPTER 248, AB 321)ê

 

      (a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.

      (b) “Child welfare services” has the meaning ascribed to it in NRS 432B.044.

      (c) “Code enforcement” means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.

      (d) “Social worker” means any person licensed under chapter 641B of NRS.

      Sec. 47. NRS 293B.130 is hereby amended to read as follows:

      293B.130  1.  Before any election where a mechanical voting system is to be used, the county clerk shall prepare or cause to be prepared a computer program on cards, tape or other material suitable for use with the computer or counting device to be employed for counting the votes cast. The program must cause the computer or counting device to operate in the following manner:

      (a) All lawful votes cast by each voter must be counted.

      (b) All unlawful votes, including, [but not limited to,] without limitation, overvotes or, in a primary election, votes cast for a candidate of a major political party other than the party, if any, of the registration of the voter must not be counted.

      (c) If the election is:

             (1) A primary election held in an even-numbered year; or

             (2) A general election,

Ê the total votes, other than [absentee votes and votes in a mailing precinct,] mail ballots, must be accumulated by precinct.

      (d) The computer or counting device must halt or indicate by appropriate signal if a ballot is encountered which lacks a code identifying the precinct in which it was voted and, in a primary election, identifying the major political party of the voter.

      2.  The program must be prepared under the supervision of the accuracy certification board appointed pursuant to the provisions of NRS 293B.140.

      3.  The county clerk shall take such measures as he or she deems necessary to protect the program from being altered or damaged.

      Sec. 48. NRS 293B.360 is hereby amended to read as follows:

      293B.360  1.  To facilitate the processing and computation of votes cast at any election conducted under a mechanical voting system, the county clerk shall create a computer program and processing accuracy board, and may create:

      (a) A central ballot inspection board;

      (b) [An absent] A mail ballot [mailing precinct] inspection board;

      (c) A ballot duplicating board;

      (d) A ballot processing and packaging board; and

      (e) Such additional boards or appoint such officers as the county clerk deems necessary for the expeditious processing of ballots.

      2.  Except as otherwise provided in subsection 3, the county clerk may determine the number of members to constitute any board. The county clerk shall make any appointments from among competent persons who are registered voters in this State. The members of each board must represent all political parties as equally as possible. The same person may be appointed to more than one board but must meet the particular qualifications for each board to which he or she is appointed.

 


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      3.  If the county clerk creates a ballot duplicating board, the county clerk shall appoint to the board at least two members. The members of the ballot duplicating board must not all be of the same political party.

      4.  All persons appointed pursuant to this section serve at the pleasure of the county clerk.

      Sec. 49. NRS 293B.380 is hereby amended to read as follows:

      293B.380  1.  The ballot processing and packaging board must be composed of persons who are qualified in the use of the data processing equipment to be operated for the voting count.

      2.  The board shall:

      (a) Allow members of the general public to observe the counting area where the computers are located during the period when ballots are being processed if those members do not interfere with the processing of the ballots.

      (b) Receive ballots and maintain groupings of them by precinct.

      (c) Before each counting of the ballots or computer run begins, validate the testing material with the counting program.

      (d) Maintain a log showing the sequence in which the ballots of each precinct are processed, as a measure to ensure that the ballots of all precincts are processed.

      (e) After each counting of the ballots, again verify the testing material with the counting program to substantiate that there has been no substitution or irregularity.

      (f) Record an explanation of any irregularity that occurs in the processing.

      (g) If the election is:

             (1) A primary election held in an even-numbered year; or

             (2) A general election,

Ê ensure that a list is compiled indicating the total votes, other than [absentee votes and votes in a mailing precinct,] mail ballots, which each candidate accumulated in each precinct.

      (h) Collect all returns, programs, testing materials, ballots and other items used in the election at the computer center and package and deliver the items to the county clerk for sealing and storage.

      Sec. 50. Chapter 293C of NRS is hereby amended by adding thereto the provisions set forth as sections 51 to 65, inclusive, of this act.

      Sec. 51. 1.  Except as otherwise provided in this section, the city clerk shall prepare and distribute to each active registered voter in the city and each person who registers to vote or updates his or her voter registration information not later than the 14 days before the election a mail ballot for every election. The city clerk shall make reasonable accommodations for the use of the mail ballot by a person who is elderly or disabled, including, without limitation, by providing, upon request, the mail ballot in 12-point type to a person who is elderly or disabled.

      2.  The city clerk shall allow a voter to elect not to receive a mail ballot pursuant to this section by submitting to the city clerk a written notice in the form prescribed by the city clerk which must be received by the city clerk not later than 60 days before the day of the election.

      3.  The city clerk shall not distribute a mail ballot to any person who:

      (a) Registers to vote for the election pursuant to the provisions of NRS 293.5772 to 293.5887, inclusive; or

      (b) Elects not to receive a mail ballot pursuant to subsection 2.

 


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      4.  The mail ballot must include all offices, candidates and measures upon which the voter is entitled to vote at the election.

      5.  Except as otherwise provided in subsections 2 and 3, the mail ballot must be distributed to:

      (a) Each active registered voter who:

             (1) Resides within the State, not later than 20 days before the election; and

             (2) Except as otherwise provided in paragraph (b), resides outside the State, not later than 40 days before the election.

      (b) Each active registered voter who registers to vote after the dates set for distributing mail ballots pursuant to paragraph (a) but who is eligible to receive a mail ballot pursuant to subsection 1, not later than 13 days before the election.

      (c) Each covered voter who is entitled to have a military-overseas ballot transmitted pursuant to the provisions of chapter 293D of NRS or the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq., not later than the time required by those provisions.

      6.  In the case of a special election where no candidate for federal office will appear on the ballot, the mail ballot must be distributed to each active registered voter not later than 15 days before the special election.

      7.  Any untimely legal action which would prevent the mail ballot from being distributed to any voter pursuant to this section is moot and of no effect.

      Sec. 52. 1.  Except as otherwise provided in subsection 2, section 51 of this act and chapter 293D of NRS, the city clerk shall send to each active registered voter by first-class mail, or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed:

      (a) A mail ballot;

      (b) A return envelope;

      (c) An envelope or sleeve into which the mail ballot is inserted to ensure its secrecy; and

      (d) Instructions.

      2.  In sending a mail ballot to an active registered voter, the city clerk shall use an envelope that may not be forwarded to an address of the voter that is different from the address to which the mail ballot is mailed.

      3.  The return envelope must include postage prepaid by first-class mail if the active registered voter is within the boundaries of the United States, its territories or possessions or on a military base.

      4.  Before sending a mail ballot to an active registered voter, the city clerk shall record:

      (a) The date the mail ballot is issued;

      (b) The name of the voter to whom the mail ballot is issued, his or her precinct or district and his or her political affiliation, if any, unless all the offices on the mail ballot are nonpartisan offices;

      (c) The number of the mail ballot; and

      (d) Any remarks the city clerk finds appropriate.

      Sec. 53. 1.  Except as otherwise provided in subsection 2, if a person applied by mail or computer to register to vote, or preregistered to vote by mail or computer and is subsequently deemed to be registered to vote, and the person has not previously voted in any election for federal office in this State, the city clerk must inform the person that he or she must include a copy of the information required in paragraph (b) of subsection 1 of NRS 293.2725 in the return envelope with the mail ballot.

 


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copy of the information required in paragraph (b) of subsection 1 of NRS 293.2725 in the return envelope with the mail ballot.

      2.  The provisions of subsection 1 do not apply to a person who:

      (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 his or her 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;

      (b) Registers to vote by mail or computer and submits with his or her 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 NRS 293.5732 to 293.5757, inclusive, 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; 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 pursuant to the provisions of chapter 293D of NRS or 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 pursuant to the provisions of 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 pursuant to the provisions of any other federal law.

      3.  If a person fails to provide the identification required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his or her mail ballot:

      (a) The mail ballot must be treated as a provisional ballot; and

      (b) The city clerk must:

             (1) Contact the person;

             (2) Allow the person to provide the identification required before 5 p.m. on the sixth day following the election; and

             (3) If the identification required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 is provided, ensure the mail ballot is delivered to the appropriate mail ballot central counting board.

      Sec. 54. 1.  Except as otherwise provided in section 55 of this act and chapter 293D of NRS, in order to vote a mail ballot, the voter must, in accordance with the instructions:

 


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      (a) Mark and fold the mail ballot;

      (b) Deposit the mail ballot in the return envelope and seal the return envelope;

      (c) Affix his or her signature on the return envelope in the space provided for the signature; and

      (d) Mail or deliver the return envelope in a manner authorized by law.

      2.  Except as otherwise provided in chapter 293D of NRS, voting must be only upon candidates whose names appear upon the mail ballot as prepared pursuant to section 51 of this act, and no person may write in the name of an additional candidate for any office.

      3.  If a mail ballot has been sent to a voter who applies to vote in person at a polling place, including, without limitation, a polling place for early voting, the voter must, in addition to complying with all other requirements for voting in person that are set forth in this chapter, surrender his or her mail ballot or sign an affirmation under penalty of perjury that the voter has not voted during the election. A person who receives a surrendered mail ballot shall mark it “Cancelled.”

      Sec. 55. 1.  Except as otherwise provided in this section, a person shall not mark and sign a mail ballot on behalf of a voter or assist a voter to mark and sign a mail ballot pursuant to the provisions of sections 51 to 65, inclusive, of this act.

      2.  At the direction of a voter who has a physical disability, is at least 65 years of age or is unable to read or write, a person may mark and sign a mail ballot on behalf of the voter or assist the voter to mark and sign a mail ballot pursuant to this section.

      3.  If a person marks and signs a mail ballot on behalf of a voter pursuant to this section, the person must indicate next to his or her signature that the mail ballot has been marked and signed on behalf of the voter.

      4.  If a person assists a voter to mark and sign a mail ballot pursuant to this section, the person must include on the return envelope his or her name, address and signature.

      Sec. 56. 1.  Except as otherwise provided in subsection 2 and chapter 293D of NRS, in order for a mail ballot to be counted for any election, the mail ballot must be:

      (a) Before the time set for closing of the polls, delivered by hand to the city clerk, or any ballot drop box established in the city, pursuant to this section; or

      (b) Mailed to the city clerk, and:

             (1) Postmarked on or before the day of the election; and

             (2) Received by the clerk not later than 5 p.m. on the fourth day following the election.

      2.  If a mail ballot is received by mail not later than 5 p.m. on the third day following the election and the date of the postmark cannot be determined, the mail ballot shall be deemed to have been postmarked on or before the day of the election.

      3.  Each city clerk must establish a ballot drop box at every polling place in the city, including, without limitation, a polling place for early voting. A city clerk may establish a drop box at any other location in the city where mail ballots can be delivered by hand and collected during the period for early voting and on election day. No person other than a clerk may establish a drop box for mail ballots.

 


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      4.  A ballot drop box must be:

      (a) Constructed of metal or any other rigid material of sufficient strength and resistance to protect the security of the mail ballots; and

      (b) Capable of securely receiving and holding the mail ballots and being locked.

      5.  A ballot drop box must be:

      (a) Placed in an accessible and convenient location at the office of the city clerk, or a polling place in the city; and

      (b) Made available for use during the hours when the office of the city clerk, or the polling place, is open for business or voting, as applicable.

      Sec. 57. 1.  Except as otherwise provided in subsection 2, at the request of a voter whose mail ballot has been prepared by or on behalf of the voter, a person authorized by the voter may return the mail ballot on behalf of the voter by mail or personal delivery to the city clerk, or any ballot drop box established in the city pursuant to section 56 of this act.

      2.  Except for an election board officer in the course of the election board officer’s official duties, a person shall not willfully:

      (a) Impede, obstruct, prevent or interfere with the return of a voter’s mail ballot;

      (b) Deny a voter the right to return the voter’s mail ballot; or

      (c) If the person receives the voter’s mail ballot and authorization to return the mail ballot on behalf of the voter by mail or personal delivery, fail to return the mail ballot, unless otherwise authorized by the voter, by mail or personal delivery:

             (1) Before the end of the third day after the day of receipt, if the person receives the mail ballot from the voter four or more days before the day of the election; or

             (2) Before the deadline established by the United States Postal Service for the mail ballot to be postmarked on the day of the election or before the polls close on the day of the election, as applicable to the type of delivery, if the person receives the mail ballot from the voter three or fewer days before the day of the election.

      3.  A person who violates any provision of subsection 2 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 58. 1.  The city clerk shall establish procedures for the processing and counting of mail ballots.

      2.  The procedures established pursuant to subsection 1:

      (a) May authorize mail ballots to be processed and counted by computer or other electronic means; and

      (b) Must not conflict with the provisions of sections 51 to 65, inclusive, of this act.

      Sec. 59. 1.  Except as otherwise provided in NRS 293D.200, when a mail ballot is returned by or on behalf of a voter to the city clerk, and a record of its return is made in the mail ballot record for the election, the clerk or an employee in the office of the clerk shall check the signature used for the ballot by electronic means pursuant to subsection 2 or manually pursuant to subsection 3.

      2.  To check the signature used for a mail ballot by electronic means:

      (a) The electronic device must take a digital image of the signature used for the mail ballot and electronically compare the digital image with the signatures of the voter from his or her application to register to vote or application to preregister to vote available in the records of the city clerk.

 


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      (b) If the electronic device does not match the signature of the voter, the signature shall be reviewed manually pursuant to the provisions of subsection 3.

      3.  To check the signature used for a mail ballot manually, the city clerk shall use the following procedure:

      (a) The clerk or employee shall check the signature used for the mail ballot against all signatures of the voter available in the records of the clerk.

      (b) If at least two employees in the office of the clerk believe there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, the clerk shall contact the voter and ask the voter to confirm whether the signature used for the mail ballot belongs to the voter.

      4.  For purposes of subsection 3:

      (a) There is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter if the signature used for the mail ballot differs in multiple, significant and obvious respects from the signatures of the voter available in the records of the clerk.

      (b) There is not a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter if:

             (1) The signature used for the mail ballot is a variation of the signature of the voter caused by the substitution of initials for the first or middle name, the substitution of a different type of punctuation in the first, middle or last name, the use of a common nickname or the use of one last name for a person who has two last names and it does not otherwise differ in multiple, significant and obvious respects from the signatures of the voter available in the records of the clerk; or

             (2) There are only slight dissimilarities between the signature used for the mail ballot and the signatures of the voter available in the records of the clerk.

      5.  Except as otherwise provided in subsection 6, if the clerk determines that the voter is entitled to cast the mail ballot, the clerk shall deposit the mail ballot in the proper ballot box or place the mail ballot, unopened, in a container that must be securely locked or under the control of the clerk at all times. The clerk shall deliver the mail ballots to the mail ballot central counting board to be processed and prepared for counting.

      6.  If the clerk determines when checking the signature used for the mail ballot that the voter failed to affix his or her signature or failed to affix it in the manner required by law for the mail ballot or that there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, but the voter is otherwise entitled to cast the mail ballot, the clerk shall contact the voter and advise the voter of the procedures to provide a signature or a confirmation that the signature used for the mail ballot belongs to the voter, as applicable. For the mail ballot to be counted, the voter must provide a signature or a confirmation, as applicable, not later than 5 p.m. on the sixth day following the election.

      7.  The clerk shall prescribe procedures for a voter who failed to affix his or her signature or failed to affix it in the manner required by law for the mail ballot, or for whom there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, in order to:

 


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      (a) Contact the voter;

      (b) Allow the voter to provide a signature or a confirmation that the signature used for the mail ballot belongs to the voter, as applicable; and

      (c) After a signature or a confirmation is provided, as applicable, ensure the mail ballot is delivered to the mail ballot central counting board.

      8.  If there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, the voter must be identified by:

      (a) Answering questions from the city clerk covering the personal data which is reported on the application to register to vote;

      (b) Providing the city clerk, orally or in writing, with other personal data which verifies the identity of the voter; or

      (c) Providing the city clerk with proof of identification as described in NRS 293C.270 other than the voter registration card issued to the voter.

      9.  The procedures established pursuant to subsection 7 for contacting a voter must require the clerk to contact the voter, as soon as possible after receipt of the mail ballot, by:

      (a) Mail;

      (b) Telephone, if a telephone number for the voter is available in the records of the clerk; and

      (c) Electronic means, which may include, without limitation, electronic mail, if the voter has provided the clerk with sufficient information to contact the voter by such means.

      Sec. 60. 1.  The city clerk shall appoint a mail ballot central counting board for the election.

      2.  The clerk shall appoint and notify voters to act as election board officers for the mail ballot central counting board in such numbers as the clerk determines to be required by the volume of mail ballots required to be sent to each active registered voter in the city for the election. The voters appointed as election board officers for the mail ballot central counting board must not all be of the same political party. No candidate for nomination or election or a relative of the candidate within the second degree of consanguinity or affinity may be appointed as such an election board officer.

      3.  The clerk’s deputies who perform duties in connection with elections shall be deemed officers of the mail ballot central counting board.

      4.  The mail ballot central counting board is under the direction of the clerk.

      Sec. 61. 1.  The mail ballot central counting board may begin counting the received mail ballots 15 days before the day of the election. The board must complete the count of all mail ballots on or before the seventh day following the election. The counting procedure must be public.

      2.  If two or more mail ballots are found folded together to present the appearance of a single ballot, the mail ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by an election board officer and placed in the container or ballot box after the count is completed.

      Sec. 62. Except as otherwise provided in NRS 293D.200, each mail ballot central counting board shall process the mail ballots in the following manner:

      1.  The name of the voter, as shown on the return envelope, must be checked as if the voter were voting in person;

 


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      2.  An election board officer shall indicate in the roster “Received” by the name of the voter;

      3.  If the board determines the voter is entitled to cast a mail ballot and all other processing steps have been completed, the return envelope must be opened and the mail ballot counted;

      4.  An election board officer shall indicate “Voted” by the name of the voter; and

      5.  When all mail ballots delivered to the board have been voted or rejected, except as otherwise provided in NRS 293D.200, the empty envelopes and the envelopes containing rejected mail ballots must be returned to the clerk. On all envelopes containing rejected mail ballots, the cause of rejection must be noted and the envelope signed by an election board officer.

      Sec. 63. 1.  The voting results of the mail ballot vote in each precinct must be certified and submitted to the city clerk, who shall have the results added to the votes of the precinct that were not cast by mail ballot. The returns of the mail ballot vote must be reported separately from the other votes that were not cast by mail ballot in the precinct unless reporting the returns separately would violate the secrecy of a voter’s ballot.

      2.  The clerk shall develop a procedure to ensure that each mail ballot is kept secret.

      3.  No voting results of mail ballots may be released until all polling places are closed and all votes have been cast on the day of the election. Any person who disseminates to the public in any way information pertaining to the count of mail ballots before all polling places are closed and all votes have been cast on the day of the election is guilty of a misdemeanor.

      Sec. 64. At least once each year, each city clerk and all members of his or her staff whose duties include administering an election must complete a training class on forensic signature verification that is approved by the Secretary of State.

      Sec. 65. If a city clerk uses an electronic device in an election to verify signatures on mail ballots:

      1.  The city clerk must conduct a test of the accuracy of the electronic devices before the election. The test must be conducted in a manner that ensures the electronic device will use the same standards for determining the validity of a signature as would be used by a natural person verifying the signature pursuant to section 59 of this act.

      2.  The city clerk must perform daily audits of each electronic device during the processing of mail ballots for the election. The daily audit must include a review of a sample of at least 1 percent of the signatures verified each day. The city clerk shall appoint election board officers who must not all be of the same political party to manually review the signatures. The city clerk must prepare a report of each daily audit.

      Sec. 66. NRS 293C.110 is hereby amended to read as follows:

      293C.110  1.  Except as otherwise provided in [subsection 2 and] NRS 293.5817 [,] and sections 51 to 65, inclusive, 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] The governing body of the city [shall] may provide for [:

 


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ê2021 Statutes of Nevada, Page 1251 (CHAPTER 248, AB 321)ê

 

      (a) Absent ballots to be voted in a city election pursuant to NRS 293C.304 to 293C.340, inclusive, except for the provisions of NRS 293C.327 and 293C.328 unless the governing body of the city provides for the applicability of those provisions pursuant to paragraph (b); and

      (b) The] the conduct of [:

             (1) Early] early voting by personal appearance in a city election pursuant to NRS 293.5772 to 293.5887, inclusive, and 293C.355 to 293C.361, inclusive . [;

             (2) Voting by absent ballot in person in a city election pursuant to NRS 293C.327 and 293C.328; 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. 67. 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 in accordance with the provisions of sections 51 to 65, inclusive, of this act, 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 NRS 293.5772 to 293.5887, inclusive, 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.]

      Sec. 68. NRS 293C.220 is hereby amended to read as follows:

      293C.220  1.  The city clerk shall appoint and notify registered voters to act as election board officers for the various polling places and precincts in the city as provided in NRS 293.225, 293.227, 293C.227 to [293C.245,] 293C.228, inclusive, and [293C.382.] section 60 of this act. No candidate for nomination or election or a relative of the candidate within the second degree of consanguinity or affinity may be appointed as an election board officer. Immediately after election board officers are appointed, if requested by the city clerk, the chief law enforcement officer of the city shall:

      (a) Appoint an officer for each polling place in the city and for the central election board [or] and the [absent] mail ballot central counting board; or

      (b) Deputize, as an officer for the election, an election board officer for each polling place and for the central election board [or] and the [absent] mail ballot central counting board. The deputized officer may not receive any additional compensation for the services he or she provides as an officer during the election for which the officer is deputized.

Ê Officers so appointed and deputized shall preserve order during hours of voting and attend the closing of the polls.

      2.  The city clerk may appoint a trainee for the position of election board officer as set forth in NRS 293C.222.

 


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      Sec. 69. 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] otherwise than in person pursuant to federal law, [NRS 293C.317] or chapter 293D of NRS;

      [(c)](b) Is disabled;

      [(d)](c) 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;

      (f) Requests an absent ballot in person at the office of the city clerk;] or

      [(g)](d) Is sent a mail ballot pursuant to the provisions of [NRS 293.8847] section 52 of this act and includes a copy of the information required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his or her voted mail ballot, if required pursuant to [NRS 293.8851.] section 53 of this act.

      Sec. 70. NRS 293C.2675 is hereby amended to read as follows:

      293C.2675  1.  If an Indian reservation or Indian colony is located in whole or in part within a city, the Indian tribe may submit a request to the city clerk for the establishment [of a polling place] within the boundaries of the Indian reservation or Indian colony for the day of a primary city election or general city election [.] of:

      (a) A polling place;

      (b) A ballot drop box; or

      (c) Both a polling place and a ballot drop box.

      2.  A request for the establishment of a polling place , a ballot drop box or both a polling place and a ballot drop box within the boundaries of an Indian reservation or Indian colony for the day of a primary city election or general city election:

      (a) Must be submitted to the city clerk by the Indian tribe on or before:

             (1) If the request is for a primary city election, [the first Friday in January] March 1 of the year in which the primary city election is to be held.

             (2) If the request is for a general city election, [the first Friday in July] August 1 of the year in which the general city election is to be held.

      (b) May include one or more proposed locations within the boundaries of the Indian reservation or Indian colony for the polling place [.] or ballot drop box. Any proposed location for a polling place or ballot drop box must satisfy the criteria the city clerk uses for the establishment of any other polling place [.] or ballot drop box, as applicable.

      3.  Except as otherwise provided in this subsection, if the city clerk receives a request that satisfies the requirements set forth in subsection 2, the city clerk must establish at least one polling place or ballot drop box within the boundaries of the Indian reservation or Indian colony at a location or locations, as applicable, approved by the Indian tribe for the day of a primary city election or general city election.

 


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city election or general city election. The city clerk is not required to establish a polling place within the boundaries of the Indian reservation or Indian colony for the day of a primary city election or general city election if the city clerk established a temporary branch polling place for early voting pursuant to NRS 293C.3572 within the boundaries of the Indian reservation or Indian colony for the same election.

      4.  If the city clerk establishes one or more polling places or ballot drop boxes within the boundaries of an Indian reservation or Indian colony pursuant to subsection 3 for the day of a primary city election or general city election, the city clerk must continue to establish one or more polling places or ballot drop boxes within the boundaries of the Indian reservation or Indian colony at a location or locations approved by the Indian tribe for the day of any future primary city election or general city election unless otherwise requested by the Indian tribe.

      Sec. 71. NRS 293C.275 is hereby amended to read as follows:

      293C.275  1.  Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, and 293C.272:

      (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

      (b) The election board officer shall:

             (1) Announce the name of the registered voter;

             (2) Instruct the registered voter to sign the roster or signature card;

             (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:

      (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.  For the purposes of subsection 2, the personal data of a voter may include his or her date of birth.

      Sec. 72. NRS 293C.302 is hereby amended to read as follows:

      293C.302  1.  If a court of competent jurisdiction orders a city to extend the deadline for voting beyond the statutory period in an election, the city clerk shall, as soon as practicable after receiving notice of the decision of the court:

      (a) Cause notice of the extended period to be published in a newspaper of general circulation in the city or if no newspaper is of general circulation in that city, in a newspaper of general circulation in the nearest city; and

      (b) Transmit a notice of the extended deadline to each registered voter who [requested an absent voter’s] received a mail ballot for the election and has not returned the mail ballot before the date on which the notice will be transmitted.

      2.  The notice required pursuant to paragraph (a) of subsection 1 must be published:

 


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      (a) In a city whose population is 25,000 or more, on at least 3 successive days.

      (b) In a city whose population is less than 25,000, at least twice in successive issues of the newspaper.

      Sec. 73. NRS 293C.3564 is hereby amended to read as follows:

      293C.3564  1.  The city clerk in a city [providing for early voting pursuant to subparagraph (1) of paragraph (b) of subsection 2 of NRS 293C.110] shall establish at least one permanent polling place for early voting by personal appearance in the city at the locations selected pursuant to NRS 293C.3561.

      2.  Any person entitled to vote early by personal appearance may do so at any polling place for early voting.

      Sec. 74. NRS 293C.3572 is hereby amended to read as follows:

      293C.3572  1.  In addition to permanent polling places for early voting, except as otherwise provided in subsection 4, the city clerk may establish temporary branch polling places for early voting pursuant to NRS 293C.3561.

      2.  If an Indian reservation or Indian colony is located in whole or in part within a city, the Indian tribe may submit a request to the city clerk for the establishment of a temporary branch polling place within the boundaries of the Indian reservation or Indian colony.

      3.  A request for the establishment of a temporary branch polling place within the boundaries of an Indian reservation or Indian colony:

      (a) Must be submitted to the city clerk by the Indian tribe on or before:

             (1) If the request is for a primary city election, [the first Friday in January] March 1 of the year in which the primary city election is to be held.

             (2) If the request is for a general city election, [the first Friday in July] August 1 of the year in which the general city election is to be held.

      (b) May include one or more proposed locations within the boundaries of the Indian reservation or Indian colony for the temporary branch polling place and proposed hours thereof. Any proposed location must satisfy the criteria established by the city clerk pursuant to NRS 293C.3561.

      4.  Except as otherwise provided in this subsection, if the city clerk receives a request that satisfies the requirements set forth in subsection 3, the city clerk must establish at least one temporary branch polling place for early voting within the boundaries of the Indian reservation or Indian colony. The location and hours of operation of such a temporary branch polling place for early voting must be approved by the Indian tribe. The city clerk is not required to establish a temporary branch polling place within the boundaries of the Indian reservation or Indian colony if the city clerk determines that it is not logistically feasible to establish a temporary branch polling place within the boundaries of the Indian reservation or Indian colony.

      5.  If the city clerk establishes one or more temporary branch polling places within the boundaries of an Indian reservation or Indian colony pursuant to subsection 4 for early voting, the city clerk must continue to establish one or more temporary branch polling places within the boundaries of the Indian reservation or Indian colony at a location or locations approved by the Indian tribe for early voting in future elections unless otherwise requested by the Indian tribe.

      6.  The provisions of subsection 3 of NRS 293C.3568 do not apply to a temporary branch polling place. Voting at a temporary branch polling place may be conducted on any one or more days and during any hours within the period for early voting by personal appearance, as determined by the city clerk.

 


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      7.  The schedules for conducting voting are not required to be uniform among the temporary branch polling places.

      8.  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 temporary branch polling place for early voting, except to the extent necessary to conduct early voting at that location.

      Sec. 75. NRS 293C.3585 is hereby amended to read as follows:

      293C.3585  1.  Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, and 293C.272, 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.

      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 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.  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.

      9.  For the purposes of subsection 2, the personal data of a voter may include his or her date of birth.

 


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ê2021 Statutes of Nevada, Page 1256 (CHAPTER 248, AB 321)ê

 

      Sec. 76. NRS 293C.3615 is hereby amended to read as follows:

      293C.3615  The city clerk shall make a record of the receipt at the central counting place of each sealed container used to transport official ballots pursuant to NRS 293C.295, [293C.325,] 293C.630 and 293C.635. The record must include the numbers indicated on the container and its seal pursuant to NRS 293C.700.

      Sec. 77. NRS 293C.362 is hereby amended to read as follows:

      293C.362  [Except as otherwise provided for an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive:]

      1.  When the polls are closed, the counting board shall prepare to count the ballots voted. The counting procedure must be public and continue without adjournment until completed.

      2.  If the ballots are paper ballots, the counting board shall prepare in the following manner:

      (a) The container that holds the ballots or the ballot box must be opened and the ballots contained therein counted by the counting board and opened far enough to determine whether each ballot is single. If two or more ballots are found folded together to present the appearance of a single ballot, they must be laid aside until the count of the ballots is completed. If a majority of the inspectors are of the opinion that the ballots folded together were voted by one person, the ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by the counting board officers and placed in the container or ballot box after the count is completed.

      (b) If the ballots in the container or box are found to exceed the number of names as are indicated on the roster as having voted, the ballots must be replaced in the container or box and a counting board officer shall, with his or her back turned to the container or box, draw out a number of ballots equal to the excess. The excess ballots must be marked on the back thereof with the words “Excess ballots not counted.” The ballots when so marked must be immediately sealed in an envelope and returned to the city clerk with the other ballots rejected for any cause.

      (c) When it has been determined that the number of ballots agrees with the number of names of registered voters shown to have voted, the board shall proceed to count. If there is a discrepancy between the number of ballots and the number of voters, a record of the discrepancy must be made.

      Sec. 78. NRS 293C.365 is hereby amended to read as follows:

      293C.365  Except as otherwise provided [for an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive,] in section 61 of this act, a counting board in any precinct, district or polling place in which paper ballots are used may not begin to count the votes until all ballots used or unused are accounted for.

      Sec. 79. 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 10th day following the election .

 


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ê2021 Statutes of Nevada, Page 1257 (CHAPTER 248, AB 321)ê

 

the election . [or, if applicable, the 13th day following an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive.]

      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 on or before the 10th day following the election ; [or, if applicable, the 13th day following an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive;] and

             (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. 80. NRS 293C.390 is hereby amended to read as follows:

      293C.390  1.  The voted ballots, rejected ballots, spoiled ballots, challenge lists, records printed on paper of voted ballots collected pursuant to NRS 293B.400, reports prepared pursuant to section 65 of this act and stubs of the ballots used, enclosed and sealed, must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk.

 


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ê2021 Statutes of Nevada, Page 1258 (CHAPTER 248, AB 321)ê

 

clerk. The records of voted ballots that are maintained in electronic form must, after canvass of the votes by the governing body of the city, be sealed and deposited in the vaults of the city clerk. The tally lists collected pursuant to this title must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk without being sealed. All materials described by this subsection must be preserved for at least 22 months, and all such sealed materials must be destroyed immediately after that period. A notice of the destruction must be published by the city clerk in at least one newspaper of general circulation in the city or, if no newspaper is of general circulation in that city, in a newspaper of general circulation in the nearest city, not less than 2 weeks before the destruction of the materials.

      2.  Unused ballots, enclosed and sealed, must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk and preserved for at least the period during which the election may be contested and adjudicated, after which the unused ballots may be destroyed.

      3.  The rosters containing the signatures of those persons who voted in the election and the tally lists deposited with the governing body of the city are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the city clerk.

      4.  A contestant of an election may inspect all of the material relating to that election which is preserved pursuant to subsection 1 or 2, except the voted ballots and records printed on paper of voted ballots collected pursuant to NRS 293B.400 which are deposited with the city clerk.

      5.  The voted ballots and records printed on paper of voted ballots collected pursuant to NRS 293B.400 which are deposited with the city clerk are not subject to the inspection of any person, except in cases of a contested election, and only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of the judge, body or board.

      6.  As used in this section, “vaults of the city clerk” means any place of secure storage designated by the city clerk.

      Sec. 80.5. NRS 293C.527 is hereby amended to read as follows:

      293C.527  1.  Except as otherwise provided in NRS 293.502, 293.5772 to 293.5887, inclusive, 293D.230 and 293D.300:

      (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 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, 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 NRS 293.5842 or 293.5847.

             (4) By computer using the system established by the Secretary of State pursuant to NRS 293.671, is the [Thursday preceding] day of the primary city election or general city election . [, unless the system is used to register voters for the election pursuant to NRS 293.5842 or 293.5847.]

 


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      (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 method of registration is the third Saturday preceding the recall or special city election.

      2.  Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, after the deadlines 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 day on which the last method of registration for the election, as set forth in subsection 1, will be closed.

      4.  A municipal facility designated pursuant to NRS 293C.520 may be open during the periods described in this section for such hours of operation as the city clerk may determine, as set forth in subsection 3 of NRS 293C.520.

      Sec. 81. NRS 293C.640 is hereby amended to read as follows:

      293C.640  1.  To facilitate the processing and computation of votes cast at an election conducted under a mechanical voting system, the city clerk shall create a computer program and processing accuracy board, and may create:

      (a) A central ballot inspection board;

      (b) [An absent] A mail ballot [mailing precinct] inspection board;

      (c) A ballot duplicating board;

      (d) A ballot processing and packaging board; and

      (e) Such additional boards or appoint such officers as the city clerk deems necessary for the expeditious processing of ballots.

      2.  Except as otherwise provided in subsection 3, the city clerk may determine the number of members to constitute any board. The city clerk shall make any appointments from among competent persons who are registered voters in this State. The same person may be appointed to more than one board but must meet the qualifications for each board to which he or she is appointed.

      3.  If the city clerk creates a ballot duplicating board, the city clerk shall appoint to the board at least two members. The members of the ballot duplicating board must not all be of the same political party.

      4.  All persons appointed pursuant to this section serve at the pleasure of the city clerk.

      Sec. 82. NRS 293C.700 is hereby amended to read as follows:

      293C.700  1.  Each container used to transport official ballots pursuant to NRS 293C.295, [293C.325,] 293C.630 and 293C.635 must:

      (a) Be constructed of metal or any other rigid material; and

      (b) Contain a seal which is placed on the container to ensure detection of any opening of the container.

      2.  The container and seal must be separately numbered for identification.

 


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ê2021 Statutes of Nevada, Page 1260 (CHAPTER 248, AB 321)ê

 

      Sec. 83. NRS 293C.720 is hereby amended to read as follows:

      293C.720  Each city clerk is encouraged to:

      1.  Not later than the earlier date of the first notice provided pursuant to subsection 3 of NRS 293.560 or NRS 293C.187, notify the public, through means designed to reach members of the public who are elderly or disabled, of the provisions of NRS 293C.281, 293C.282 [, 293C.310, 293C.317 and 293C.318.] and section 51 of this act.

      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.

      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 city clerk to the public in printed form.

      Sec. 84. NRS 293D.300 is hereby amended to read as follows:

      293D.300  1.  A covered voter who is registered to vote in this State may apply for a military-overseas ballot by submitting a federal postcard application, as prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301(b)(2), or the application’s electronic equivalent, if the federal postcard application is received by the appropriate local elections official by the seventh day before the election.

      2.  A covered voter who is not registered to vote in this State may use the federal postcard application or the application’s electronic equivalent simultaneously to apply to register to vote pursuant to NRS 293D.230 and to apply for a military-overseas ballot, if the federal postcard application is received by the appropriate local elections official by the seventh day before the election. If the federal postcard application is received after the seventh day before the election, it must be treated as an application to register to vote for subsequent elections.

      3.  The Secretary of State shall ensure that the system of approved electronic transmission described in subsection 2 of NRS 293D.200 is capable of accepting the submission of:

      (a) Both a federal postcard application and any other approved electronic military-overseas ballot application sent to the appropriate local elections official; and

      (b) A digital signature or an electronic signature of a covered voter on the documents described in paragraph (a).

      4.  A covered voter may use approved electronic transmission or any other method approved by the Secretary of State to apply for a military-overseas ballot.

      5.  A covered voter may use the declaration accompanying the federal write-in absentee ballot, as prescribed under section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20303, as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received by the appropriate local elections official by the seventh day before the election.

 


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ê2021 Statutes of Nevada, Page 1261 (CHAPTER 248, AB 321)ê

 

      6.  To receive the benefits of this chapter, a covered voter must inform the appropriate local elections official that he or she is a covered voter. Methods of informing the appropriate local elections official that a person is a covered voter include, without limitation:

      (a) The use of a federal postcard application or federal write-in absentee ballot;

      (b) The use of an overseas address on an approved voting registration application or ballot application; and

      (c) The inclusion on an application to register to vote or an application for a military-overseas ballot of other information sufficient to identify that the person is a covered voter.

      7.  This chapter does not prohibit a covered voter from [applying for an absent] voting a mail ballot pursuant to the provisions of chapter 293 or 293C of NRS or voting in person.

      Sec. 84.5. NRS 295.026 is hereby amended to read as follows:

      295.026  1.  A petition for initiative or referendum may be withdrawn if a person authorized pursuant to NRS 295.015 to withdraw the petition submits a notice of withdrawal to the Secretary of State on a form prescribed by the Secretary of State. Any such notice of withdrawal of:

      (a) A petition for initiative that proposes a statute or an amendment to a statute must be submitted to the Secretary of State not later than 90 days before the election at which the question of approval or disapproval of the initiative will appear on the ballot;

      (b) A petition for initiative that proposes an amendment to the Constitution must be submitted to the Secretary of State not later than 90 days before the first election at which the question of approval or disapproval of the initiative will appear on the ballot; or

      (c) A petition for referendum must be submitted to the Secretary of State not later than 90 days before the election at which the question of approval or disapproval of the referendum will appear on the ballot.

      2.  Once a petition for initiative or referendum is withdrawn pursuant to subsection 1, no further action may be taken on that petition.

      Sec. 85. NRS 298.250 is hereby amended to read as follows:

      298.250  1.  If a former resident of the State of Nevada otherwise qualified to vote in another state in any election for President and Vice President of the United States has commenced his or her residence in the other state after the 30th day next preceding that election and for this reason does not satisfy the requirements for registration in the other state, the former resident may vote for President and Vice President only in that election:

      (a) In person in the county of the State of Nevada which was his or her former residence, if the former resident is otherwise qualified to vote there; or

      (b) By [absent] mail ballot in the county of the State of Nevada which was his or her former residence, if the former resident is otherwise qualified to vote there and complies with the applicable requirements of [NRS 293.3088 to 293.340, inclusive.] sections 3 to 15, inclusive, of this act.

      2.  The Secretary of State may, in a manner consistent with the election laws of this State, adopt regulations to effectuate the purposes of this section.

      Sec. 86. NRS 306.040 is hereby amended to read as follows:

      306.040  1.  Upon determining that the number of signatures on a petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279, inclusive, the Secretary of State shall notify the county clerk, the filing officer and the public officer who is the subject of the petition.

 


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ê2021 Statutes of Nevada, Page 1262 (CHAPTER 248, AB 321)ê

 

      2.  A person who signs a petition to recall may request the filing officer to strike the person’s name from the petition on or before the date that is the later of:

      (a) Ten days, Saturdays, Sundays and holidays excluded, after the verification of signatures is complete; or

      (b) The date a complaint is filed pursuant to subsection 6.

      3.  If the filing officer receives a request pursuant to subsection 2, the filing officer must strike the name of the person from the petition. If the filing officer receives a sufficient number of requests to strike names from the petition such that the petition no longer contains enough valid signatures, the filing officer shall not issue a call for a special election, and a special election must not be held to recall the public officer who is the subject of the petition.

      4.  Except as otherwise provided in subsection 3, not sooner than 20 days and not later than 30 days, Saturdays, Sundays and holidays excluded, after the Secretary of State completes the notification required by subsection 1, if a complaint is not filed pursuant to subsection 6, the filing officer shall issue a call for a special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall the public officer.

      5.  The call for a special election pursuant to subsection 4 or 7 must include, without limitation:

      (a) The last day on which a person may register to vote in order to qualify to vote in the special election pursuant to NRS 293.560 or 293C.527; and

      (b) The last day on which a petition to nominate other candidates for the office may be filed . [; and

      (c) Whether any person is entitled to vote in the special election in a mailing precinct or an absent ballot mailing precinct pursuant to NRS 293.343 to 293.355, inclusive, or 293C.342 to 293C.352, inclusive.]

      6.  The legal sufficiency of the petition, including without limitation, the validity of signatures on the petition, may be challenged by filing a complaint in district court not later than 15 days, Saturdays, Sundays and holidays excluded, after the Secretary of State completes the notification required by subsection 1. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than 30 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.

      7.  Upon the conclusion of the hearing, if the court determines that the petition is legally sufficient, it shall order the filing officer to issue a call for a special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall the public officer. If the court determines that the petition is not legally sufficient, it shall order the filing officer to cease any further proceedings regarding the petition.

      Sec. 87. NRS 247.540 is hereby amended to read as follows:

      247.540  1.  The following persons may request that the personal information described in subsection 1, 2 or 3 of NRS 247.520 that is contained in the records of a county recorder be kept confidential:

      (a) Any justice or judge in this State.

      (b) Any senior justice or senior judge in this State.

      (c) Any court-appointed master in this State.

      (d) Any clerk of a court, court administrator or court executive officer in this State.

 


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ê2021 Statutes of Nevada, Page 1263 (CHAPTER 248, AB 321)ê

 

      (e) Any county or city clerk or registrar of voters charged with the powers and duties relating to elections and any deputy appointed such county or city clerk or registrar of voters in the elections division of the county or city.

      (f) Any district attorney or attorney employed by the district attorney who as part of his or her normal job responsibilities prosecutes persons for:

             (1) Crimes that are punishable as category A felonies; or

             (2) Domestic violence.

      [(f)](g) Any state or county public defender who as part of his or her normal job responsibilities defends persons for:

             (1) Crimes that are punishable as category A felonies; or

             (2) Domestic violence.

      [(g)](h) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities:

             (1) Interacts with the public; and

             (2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.

      [(h)](i) Any county manager in this State.

      [(i)](j) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer:

             (1) Who possesses specialized training in code enforcement;

             (2) Who, as part of his or her normal job responsibilities, interacts with the public; and

             (3) Whose primary duties are the performance of tasks related to code enforcement.

      [(j)](k) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(i),] (j), inclusive.

      [(k)](l) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(i),] (j), inclusive, who was killed in the performance of his or her duties.

      2.  Any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence may request that the personal information described in subsection 4 of NRS 247.520 that is contained in the records of a county recorder be kept confidential.

      3.  As used in this section:

      (a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.

      (b) “Child welfare services” has the meaning ascribed to it in NRS 432B.044.

      (c) “Code enforcement” means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.

      (d) “Social worker” means any person licensed under chapter 641B of NRS.

      Sec. 88. NRS 250.140 is hereby amended to read as follows:

      250.140  1.  The following persons may request that personal information described in subsection 1, 2 or 3 of NRS 250.120 that is contained in the records of a county assessor be kept confidential:

      (a) Any justice or judge in this State.

      (b) Any senior justice or senior judge in this State.

      (c) Any court-appointed master in this State.

 


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ê2021 Statutes of Nevada, Page 1264 (CHAPTER 248, AB 321)ê

 

      (d) Any clerk of a court, court administrator or court executive officer in this State.

      (e) Any county or city clerk or registrar of voters charged with the powers and duties relating to elections and any deputy appointed by such county or city clerk or registrar of voters in the elections division of the county or city.

      (f) Any peace officer or retired peace officer.

      [(f)](g) Any prosecutor.

      [(g)](h) Any state or county public defender.

      [(h)](i) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities interacts with the public and performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.

      [(i)](j) Any county manager in this State.

      [(j)](k) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer who possesses specialized training in code enforcement, interacts with the public and whose primary duties are the performance of tasks related to code enforcement.

      [(k)](l) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(j),] (k), inclusive.

      [(l)](m) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(j),] (k), inclusive, who was killed in the performance of his or her duties.

      2.  Any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence may request that the personal information described in subsection 4 of NRS 250.120 that is contained in the records of a county assessor be kept confidential.

      3.  As used in this section:

      (a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.

      (b) “Child welfare services” has the meaning ascribed to it in NRS 432B.044.

      (c) “Code enforcement” means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.

      (d) “Peace officer” means:

             (1) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive; and

             (2) Any person:

                   (I) Who resides in this State;

                   (II) Whose primary duties are to enforce the law; and

                   (III) Who is employed by a law enforcement agency of the Federal Government, including, without limitation, a ranger for the National Park Service and an agent employed by the Federal Bureau of Investigation, Secret Service, United States Department of Homeland Security or United States Department of the Treasury.

      (e) “Prosecutor” has the meaning ascribed to it in NRS 241A.030.

      (f) “Social worker” means any person licensed under chapter 641B of NRS.

 


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ê2021 Statutes of Nevada, Page 1265 (CHAPTER 248, AB 321)ê

 

      Sec. 89. NRS 481.091 is hereby amended to read as follows:

      481.091  1.  The following persons may request that the Department display an alternate address on the person’s driver’s license, commercial driver’s license or identification card:

      (a) Any justice or judge in this State.

      (b) Any senior justice or senior judge in this State.

      (c) Any court-appointed master in this State.

      (d) Any clerk of the court, court administrator or court executive officer in this State.

      (e) Any prosecutor who as part of his or her normal job responsibilities prosecutes persons for:

             (1) Crimes that are punishable as category A felonies; or

             (2) Domestic violence.

      (f) Any state or county public defender who as part of his or her normal job responsibilities defends persons for:

             (1) Crimes that are punishable as category A felonies; or

             (2) Domestic violence.

      (g) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities:

             (1) Interacts with the public; and

             (2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.

      (h) Any county manager in this State.

      (i) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer:

             (1) Who possesses specialized training in code enforcement;

             (2) Who, as part of his or her normal job responsibilities, interacts with the public; and

             (3) Whose primary duties are the performance of tasks related to code enforcement.

      (j) Any county or city clerk or registrar of voters charged with the powers and duties relating to elections and any deputy appointed by the county or city clerk or registrar of voters in the elections division of the county or city.

      (k) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(i),] (j), inclusive.

      [(k)] (l) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(i),] (j), inclusive, who was killed in the performance of his or her duties.

      2.  A person who wishes to have an alternate address displayed on his or her driver’s license, commercial driver’s license or identification card pursuant to this section must submit to the Department satisfactory proof:

      (a) That he or she is a person described in subsection 1; and

      (b) Of the person’s address of principal residence and mailing address, if different from the address of principal residence.

      3.  A person who obtains a driver’s license, commercial driver’s license or identification card that displays an alternate address pursuant to this section may subsequently submit a request to the Department to have his or her address of principal residence displayed on his or her driver’s license, commercial driver’s license or identification card instead of the alternate address.

      4.  The Department may adopt regulations to carry out the provisions of this section.

 


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ê2021 Statutes of Nevada, Page 1266 (CHAPTER 248, AB 321)ê

 

      5.  As used in this section:

      (a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.

      (b) “Child welfare services” has the meaning ascribed to it in NRS 432B.044.

      (c) “Code enforcement” means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.

      (d) “Social worker” means any person licensed under chapter 641B of NRS.

      Sec. 89.5.  1.  There is hereby appropriated from the State General Fund to the Office of the Secretary of State for the costs of ballot stock, postage and postcard notifications to carry out the provisions of this act the following sums:

For the Fiscal Year 2021-2022................................................. $6,286,844

For the Fiscal Year 2022-2023................................................. $5,998,138

      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 16, 2022, and September 15, 2023, 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 16, 2022, and September 15, 2023, respectively.

      Sec. 90.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 91. NRS 293.013, 293.015, 293.213, 293.230, 293.235, 293.243, 293.262, 293.3088, 293.309, 293.3095, 293.310, 293.313, 293.315, 293.316, 293.3165, 293.317, 293.320, 293.323, 293.325, 293.329, 293.330, 293.333, 293.335, 293.340, 293.343, 293.345, 293.350, 293.352, 293.353 293.355, 293.3673, 293.384, 293.385, 293.8801, 293.8804, 293.8807, 293.8811, 293.8814, 293.8817, 293.8821, 293.8824, 293.8827, 293.8831, 293.8834, 293.8837, 293.8841, 293.8844, 293.8847, 293.8851, 293.8854, 293.8857, 293.8861, 293.8864, 293.8871, 293.8874, 293.8877, 293.8881, 293.8884, 293.8887, 293B.370, 293C.230, 293C.240, 293C.245, 293C.256, 293C.304, 293C.305, 293C.306, 293C.307, 293C.310, 293C.312, 293C.317, 293C.318, 293C.319, 293C.320, 293C.322, 293C.325, 293C.327, 293C.328, 293C.329, 293C.330, 293C.332, 293C.335, 293C.340, 293C.342, 293C.345, 293C.347, 293C.349, 293C.350, 293C.352, 293C.368, 293C.382, 293C.385 and 293C.650 are hereby repealed.

      Sec. 92.  1.  This section and section 84.5 of this act become effective upon passage and approval.

      2.  Section 89.5 of this act becomes effective on July 1, 2021.

      3.  Sections 1 to 84, inclusive, 85 to 89, inclusive, and 90 and 91 of this act become effective:

      (a) 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

      (b) On January 1, 2022, for all other purposes.

________

 


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ê2021 Statutes of Nevada, Page 1267ê

 

CHAPTER 249, AB 495

Assembly Bill No. 495–Committee on Ways and Means

 

CHAPTER 249

 

[Approved: June 2, 2021]

 

AN ACT relating to governmental financial administration; providing for the imposition, administration and payment of an excise tax on the Nevada gross revenue of business entities engaged in the business of extracting gold or silver in this State; revising provisions governing the distribution of the proceeds of the tax imposed on the net proceeds of minerals extracted in this State; revising provisions governing the credits against the payroll taxes imposed on certain businesses for taxpayers who donate money to a scholarship organization; authorizing a recipient of Medicaid to receive reimbursements for personal care services; removing the prohibition against a scholarship organization using certain donations to provide a grant on behalf of a pupil other than a pupil who received such a grant in the immediately preceding school year or for whom the scholarship organization reasonably expects to provide a grant of the same amount for each school year until graduation; requiring the disbursement of certain federal money to the Department of Education and the State Public Charter School Authority for the purpose of making grants for certain educational purposes; requiring the Commission on School Funding to investigate sources of revenue to fund public education; requiring the Legislative Committee on Education to conduct an interim study concerning the composition of the board of trustees of school districts; making appropriations; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law imposes an annual commerce tax on each business entity engaged in business in this State whose Nevada gross revenue in a fiscal year exceeds $4,000,000 at a rate that is based on the industry in which the business entity is primarily engaged. (NRS 363C.200) Section 25 of this bill imposes an annual tax on each business entity engaged in the business of extracting gold or silver in this State whose Nevada gross revenue in a taxable year exceeds $20,000,000. In accordance with section 12 of this bill, the Nevada gross revenue of a business entity is determined by taking the amount of its gross revenue, as defined in section 10 of this bill, making various adjustments to that amount under section 26 of this bill, and then situsing that adjusted amount to this State pursuant to section 27 of this bill. Sections 2-44 of this bill further provide for the administration, collection and enforcement of the tax by the Department of Taxation in the same manner as the commerce tax. Section 38 of this bill temporarily provides for the deposit of the payments made pursuant to sections 2-44 in the State General Fund. Sections 56 and 62 of this bill provide for the deposit of such payments in the State Education Fund beginning on July 1, 2023.

      Existing law provides for the taxation of the net proceeds of minerals extracted in this State based upon the actual net proceeds from the preceding calendar year. (NRS 362.100-362.240) Under existing law, from the proceeds of the tax on the net proceeds of minerals: (1) there is an appropriation to each county equal to the total of the amounts obtained by multiplying, for each extractive operation situated within the county, the net proceeds of that operation and any royalties paid by that operation, by the combined property tax rate, excluding any rate levied by the State of Nevada, for property at that site, plus a pro rata share of any penalties and interest collected by the Department for the late payment of taxes distributed to the county; and (2) the remaining proceeds of the tax are deposited in the State General Fund.

 


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ê2021 Statutes of Nevada, Page 1268 (CHAPTER 249, AB 495)ê

 

remaining proceeds of the tax are deposited in the State General Fund. Sections 45, 51 and 62 of this bill provide that beginning on July 1, 2023, the portion of the tax on the net proceeds of minerals that is deposited in the State General Fund must instead be deposited in the State Education Fund.

      Section 59 of this bill requires the disbursement of, from the money received from the Coronavirus State and Local Fiscal Recovery Funds by the State of Nevada, the amount of $200,000,000 to the Department of Education to be administered as grants to qualifying school districts and university schools for profoundly gifted pupils in Nevada to be used to augment certain programs implemented to address the impacts of learning loss experienced as a result of the COVID-19 pandemic. Section 59.5 of this bill requires the disbursement of, from the money received from the Coronavirus State and Local Fiscal Recovery Funds by the State of Nevada, the amount of $15,000,000 to the State Public Charter School Authority to be administered as grants to qualifying Title I charter schools in Nevada to be used to augment certain programs implemented to address the impacts of learning loss experienced as a result of the COVID-19 pandemic.

      Section 60 of this bill requires the Commission on School Funding to investigate sources of revenue to fund public education in this State and requires the Commission to submit a report to the Governor and the Director of the Legislative Counsel Bureau for transmission to the Legislature on or before November 15, 2022.

      Section 60.5 of this bill requires the Legislative Committee on Education to conduct a study of the composition of the board of trustees of school districts in this State and requires the Committee to submit a report to the Director of the Legislative Counsel Bureau for transmission to the Legislature on or before February 1, 2023.

      Existing law requires the Department of Health and Human Services to administer Medicaid. (NRS 422.270) Existing law also requires Medicaid to cover certain home and community-based services for persons with physical disabilities, including supported personal care. (NRS 422.396) Section 53 of this bill requires the Director of the Department to include in the State Plan for Medicaid authorization for a recipient of Medicaid to directly receive reimbursements for personal care services provided by a personal care assistant or an agency to provide personal care services in the home and paid for by the recipient. Section 50 of this bill makes a conforming change to provide for the provisions of section 53 to be administered by the same agency that administers existing law governing Medicaid. Section 58 of this bill makes an appropriation to the Division of Health Care Financing and Policy of the Department of Health and Human Services for the State’s share of the costs of personal care services for recipients of Medicaid under the self-directed model required by section 53.

      Existing law establishes a credit against the payroll tax paid by certain businesses that make a donation to a scholarship organization that provides grants on behalf of pupils who are members of a household having a household income below a certain level to attend schools in this State, including private schools, chosen by the parents or legal guardians of those pupils. (NRS 363A.130, 363B.110, 388D.270) Under existing law, the Department: (1) is required to approve or deny applications for the tax credit in the order in which the applications are received by the Department; and (2) is authorized to approve applications for each fiscal year until the amount of tax credits approved for the fiscal year is the amount authorized by statute for that fiscal year, which is $6,655,000. (NRS 363A.139, 363B.119) Section 52 of this bill removes the prohibition against a scholarship organization using a donation for which the donor received a tax credit to provide a grant on behalf of a pupil: (1) who did not receive a grant from such a donation for the immediately preceding school year; or (2) for whom the scholarship organization does not reasonably expect to be able to provide a grant of the same amount on behalf of the pupil for each school year until the pupil graduates from high school. (NRS 388D.270) Sections 46 and 47 of this bill authorize the Department to approve, in addition to the amount of credits authorized under existing law an amount of tax credits equal to $4,745,000 for Fiscal Year 2021-2022. Any amount of those credits that are not approved in Fiscal Year 2021-2022 must be carried forward to subsequent fiscal years. (NRS 363A.139, 363B.119)

      Section 57 of this bill makes an appropriation to the Nevada System of Higher Education for the support of the Silver State Opportunity Grant Program.

 


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ê2021 Statutes of Nevada, Page 1269 (CHAPTER 249, AB 495)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. Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 40, inclusive, of this act.

      Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 19, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Business” means any activity engaged in or caused to be engaged in with the object of gain, benefit or advantage, either direct or indirect, to any person or governmental entity.

      Sec. 4. 1.  Except as otherwise provided in subsection 2, “business entity” means a corporation, partnership, proprietorship, limited-liability company, business association, joint venture, limited-liability partnership, business trust, professional association, joint stock company, holding company and any other person engaged in the business of extracting gold or silver, or both, in this State.

      2.  The term does not include:

      (a) Any person or other entity which this State is prohibited from taxing pursuant to the Constitution or laws of the United States or the Nevada Constitution.

      (b) A natural person, unless that person is engaging in a business and is required to file with the Internal Revenue Service a Schedule C (Form 1040), Profit or Loss From Business, or its equivalent or successor form, a Schedule E (Form 1040), Supplemental Income and Loss, or its equivalent or successor form, or a Schedule F (Form 1040), Profit or Loss From Farming, or its equivalent or successor form, for that business.

      (c) A governmental entity.

      (d) A nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c).

      (e) A business entity organized pursuant to chapter 82 or 84 of NRS.

      (f) A credit union organized under the provisions of chapter 672 of NRS or the Federal Credit Union Act.

      (g) A grantor trust as defined by sections 671 and 7701(a)(30)(E) of the Internal Revenue Code, 26 U.S.C. §§ 671 and 7701(a)(30)(E), all of the grantors and beneficiaries of which are natural persons or charitable entities as described in section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), excluding a trust taxable as a business entity pursuant to 26 C.F.R. § 301.7701-4(b).

      (h) An estate of a natural person as defined by section 7701(a)(30)(D) of the Internal Revenue Code, 26 U.S.C. § 7701(a)(30)(D), excluding an estate taxable as a business entity pursuant to 26 C.F.R. § 301.7701-4(b).

      (i) A real estate investment trust, as defined by section 856 of the Internal Revenue Code, 26 U.S.C. § 856, and its qualified real estate investment trust subsidiaries, as defined by section 856(i)(2) of the Internal Revenue Code, 26 U.S.C. § 856(i)(2), except that:

             (1) A real estate investment trust with any amount of its assets in direct holdings of real estate, other than real estate it occupies for business purposes, as opposed to holding interests in limited partnerships or other entities that directly hold the real estate, is a business entity pursuant to this section; and

 


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ê2021 Statutes of Nevada, Page 1270 (CHAPTER 249, AB 495)ê

 

purposes, as opposed to holding interests in limited partnerships or other entities that directly hold the real estate, is a business entity pursuant to this section; and

             (2) A limited partnership or other entity that directly holds the real estate as described in subparagraph (1) is a business entity pursuant to this section, without regard to whether a real estate investment trust holds an interest in it.

      (j) A real estate mortgage investment conduit, as defined by section 860D of the Internal Revenue Code, 26 U.S.C. § 860D.

      (k) A trust qualified under section 401(a) of the Internal Revenue Code, 26 U.S.C. § 401(a).

      (l) A passive entity.

      (m) A person whose activities within this State are confined to the owning, maintenance and management of the person’s intangible investments or of the intangible investments of persons or statutory trusts or business trusts registered as investment companies under the Investment Company Act of 1940, 15 U.S.C. §§ 80a-1 et seq., as amended, and the collection and distribution of the income from such investments or from tangible property physically located outside this State. For the purposes of this paragraph, “intangible investments” includes, without limitation, investments in stocks, bonds, notes and other debt obligations, including, without limitation, debt obligations of affiliated corporations, real estate investment trusts, patents, patent applications, trademarks, trade names and similar types of intangible assets or an entity that is registered as an investment company under the Investment Company Act of 1940, 15 U.S.C. §§ 80a-1 et seq.

      (n) A person who takes part in an exhibition held in this State for a purpose related to the conduct of a business and is not required to obtain a state business license specifically for that event pursuant to NRS 360.780.

      Sec. 5. “Commission” means the Nevada Tax Commission.

      Sec. 6. “Credit sales” means a sale of goods by a seller who accepts payments for the goods at a later time.

      Sec. 7. “Engaging in a business” means commencing, conducting or continuing a business, the exercise of corporate or franchise powers regarding a business, and the liquidation of a business which is or was engaging in a business when the liquidator holds itself out to the public as conducting that business.

      Sec. 8. “Gold” and “silver” include, respectively, without limitation:

      1.  Gold-bearing and silver-bearing ores, quartz or minerals from which gold and silver are extracted;

      2.  Gold and silver bullion; and

      3.  The products or derivatives of gold and silver.

      Sec. 9. “Governmental entity” means:

      1.  The United States and any of its unincorporated agencies and instrumentalities.

      2.  Any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States.

      3.  The State of Nevada and any of its unincorporated agencies and instrumentalities.

      4.  Any county, city, district or other political subdivision of this State.

 


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      Sec. 10. 1.  Except as otherwise provided in subsection 3, “gross revenue” means the total amount realized by a business entity from engaging in a business in this State, without deduction for the cost of goods sold or other expenses incurred, that contributes to the production of gross income, including, without limitation, the fair market value of any property and any services received, and any debt transferred or forgiven as consideration.

      2.  Except as otherwise provided in subsection 3, the term includes, without limitation:

      (a) Amounts realized from the sale, exchange or other disposition of a business entity’s property;

      (b) Amounts realized from the performance of services by a business entity;

      (c) Amounts realized from another person’s possession of the property or capital of a business entity; and

      (d) Any combination of these amounts.

      3.  The term does not include:

      (a) Amounts realized from the sale, exchange, disposition or other grant of the right to use trademarks, trade names, patents, copyrights and similar intellectual property;

      (b) The value of cash discounts allowed by the business entity and taken by a customer;

      (c) The value of goods or services provided to a customer on a complimentary basis;

      (d) Amounts realized from a transaction subject to, described in, or equivalent to, section 118, 331, 332, 336, 337, 338, 351, 355, 368, 721, 731, 1031 or 1033 of the Internal Revenue Code, 26 U.S.C. § 118, 331, 332, 336, 337, 338, 351, 355, 368, 721, 731, 1031 or 1033, regardless of the federal tax classification of the business entity under 26 C.F.R. § 301.7701-3;

      (e) Amounts indirectly realized from a reduction of an expense or deduction;

      (f) The value of property or services donated to a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), if the donation is tax deductible pursuant to the provisions of section 170(c) of the Internal Revenue Code, 26 U.S.C. § 170(c); and

      (g) Amounts that are not considered revenue under generally accepted accounting principles.

      Sec. 11. “Loan” means any extension of credit or the purchase in whole or in part of an extension of credit from another person, including, without limitation, participations and syndications.

      Sec. 12. “Nevada gross revenue” means the gross revenue of a business entity from engaging in a business in this State, as adjusted pursuant to section 26 of this act and sitused to this State pursuant to section 27 of this act.

      Sec. 13. “Pass-through entity” means an entity that is disregarded as an entity for the purposes of federal income taxation or is treated as a partnership for the purposes of federal income taxation.

      Sec. 14. 1.  “Pass-through revenue” means:

      (a) Revenue received by a business entity that is required by law or fiduciary duty to be distributed to another person or governmental entity;

 


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      (b) Taxes collected from a third party by a business entity and remitted by the business entity to a taxing authority;

      (c) Reimbursement for advances made by a business entity on behalf of a customer or client, other than with respect to services rendered or with respect to purchases of goods by the business entity in carrying out the business in which it engages;

      (d) Revenue received by a business entity that is mandated by contract or subcontract to be distributed to another person or entity if the revenue constitutes:

             (1) Sales commissions that are paid to a person who is not an employee of the business entity, including, without limitation, a split-fee real estate commission;

             (2) The tax basis of securities underwritten by the business entity, as determined for the purposes of federal income taxation; or

             (3) Subcontracting payments under a contract or subcontract entered into by a business entity to provide services, labor or materials in connection with the actual or proposed design, construction, remodeling, remediation or repair of improvements on real property or the location of the boundaries of real property; or

      (e) Revenue received by a business entity that is part of an affiliated group from another member of the affiliated group.

      2.  As used in this section:

      (a) “Affiliated group” means a group of two or more business entities, including, without limitation, an entity described in subsection 2 of section 4 of this act, each of which is controlled by one or more common owners or by one or more members of the group.

      (b) “Controlled by” means the direct or indirect ownership, control or possession of 50 percent or more of a business entity.

      (c) “Sales commission” means:

             (1) Any form of compensation paid to a person for engaging in an act for which a license is required pursuant to chapter 645 of NRS; or

             (2) Compensation paid to a sales representative by a principal in an amount that is based on the amount or level of orders for or sales on behalf of the principal and that the principal is required to report on Internal Revenue Service Form 1099-MISC, Miscellaneous Income.

      Sec. 15. “Sale of gold or silver” means a sale or transfer of gold or silver in exchange for consideration by the business entity that extracted the gold, silver or gold-bearing or silver-bearing ore, quartz or mineral from which gold or silver is extracted.

      Sec. 16. “Securities” means United States Treasury securities, obligations of United States governmental agencies and corporations, obligations of a state or political subdivision, corporate stock, bonds, participations in securities backed by mortgages held by the United States or state governmental agencies, loan-backed securities, money market instruments, federal funds, securities purchased and sold under agreements to resell or repurchase, commercial paper, banker’s acceptances, purchased certificates of deposit, options, futures contracts, forward contracts, notional principal contracts, including, without limitation, swaps, and other similar securities and instruments.

      Sec. 17. “Taxable year” means the 12-month period beginning on January 1 and ending on December 31 of a calendar year.

 


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      Sec. 18. “Taxpayer” means any person liable for the tax imposed by this chapter.

      Sec. 19. “Wages” means any remuneration paid for personal services, including, without limitation, commissions and bonuses, and remuneration payable in any medium other than cash.

      Sec. 20. For the purposes of this chapter, unless otherwise indicated, section references are to the Internal Revenue Code of 1986, as amended, and include future amendments to such sections and corresponding provisions of future federal internal revenue laws.

      Sec. 21. 1.  For the purposes of this chapter, a business is a “passive entity” only if:

      (a) The business is a limited-liability company, general partnership, limited-liability partnership, limited partnership or limited-liability limited partnership, or a trust, other than a business trust;

      (b) During the period for which the gross revenue of the business entity is reported pursuant to section 25 of this act, at least 90 percent of the business entity’s federal gross income consists of the following income:

             (1) Dividends, interest, foreign currency exchange gains, periodic and nonperiodic payments with respect to notional principal contracts, option premiums, cash settlements or termination payments with respect to a financial instrument, and income from a limited-liability company;

             (2) Capital gains from the sale of real property, gains from the sale of commodities traded on a commodities exchange and gains from the sale of securities; and

             (3) Royalties, bonuses or delay rental income from mineral properties and income from other nonoperating mineral interests; and

      (c) The business entity does not receive more than 10 percent of its federal gross income from conducting an active trade or business.

      2.  As used in paragraph (b) of subsection 1, the term “income” does not include any:

      (a) Rent; or

      (b) Income received by a nonoperator from mineral properties under a joint operating agreement if the nonoperator is a member of an affiliated group and another member of that group is the operator under that joint operating agreement.

      3.  For the purposes of paragraph (c) of subsection 1:

      (a) Except as otherwise provided in this subsection, a business entity is “conducting an active trade or business” if:

             (1) The activities being carried on by the business entity include one or more active operations that form a part of the process of earning income or profit, and the business entity performs active management and operating functions; or

             (2) Any assets, including, without limitation, royalties, patents, trademarks and other intangible assets, held by the business entity are used in the active trade or business of one or more related business entities.

      (b) The ownership of a royalty interest or a nonoperating working interest in mineral rights does not constitute the conduct of an active trade or business.

      (c) The payment of compensation to employees or independent contractors for financial or legal services reasonably necessary for the operation of a business does not constitute the conduct of an active trade or business.

 


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      (d) Holding a seat on the board of directors of a business entity does not by itself constitute the conduct of an active trade or business.

      (e) Activities performed by a business entity include activities performed by persons outside the business entity, including independent contractors, to the extent that those persons perform services on behalf of the business entity and those services constitute all or any part of the business entity’s trade or business.

      Sec. 22. The Department shall administer and enforce the provisions of this chapter and may adopt such regulations as it deems appropriate for those purposes.

      Sec. 23. 1.  Each person responsible for maintaining the records of a taxpayer shall:

      (a) Keep such records as may be necessary to determine the amount of the liability of the taxpayer pursuant to the provisions of this chapter;

      (b) Preserve those records for 4 years or until any litigation or prosecution pursuant to this chapter is finally determined, whichever is longer; and

      (c) Make the records available for inspection by the Department upon demand at reasonable times during regular business hours.

      2.  The Department may by regulation specify the types of records which must be kept to determine the amount of the liability of a taxpayer pursuant to the provisions of this chapter.

      3.  Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.

      Sec. 24. 1.  To verify the accuracy of any return filed or, if no return is filed by a taxpayer, to determine the amount of the tax required to be paid pursuant to this chapter, the Department, or any person authorized in writing by the Department, may examine the books, papers and records of any person who may be liable for the tax imposed by this chapter.

      2.  Any person who may be liable for the tax imposed by this chapter and who keeps outside of this State any books, papers and records relating thereto shall pay to the Department an amount equal to the allowance provided for state officers and employees generally while traveling outside of the State for each day or fraction thereof during which an employee of the Department is engaged in examining those documents, plus any other actual expenses incurred by the employee while he or she is absent from his or her regular place of employment to examine those documents.

      Sec. 25.  1.  For the privilege of engaging in a business in this State, an excise tax is hereby imposed upon the Nevada gross revenue of each business entity whose Nevada gross revenue in a taxable year exceeds $20,000,000, which shall be at the following rates:

      (a) For all Nevada gross revenue in a taxable year in excess of $20,000,000 but not more than $150,000,000, a rate of 0.75 percent.

      (b) For all Nevada gross revenue in excess of $150,000,000, a rate of 1.10 percent.

      2.  Each business entity whose Nevada gross revenue in a taxable year exceeds $20,000,000 shall, on or before April 1 immediately following the end of that taxable year, file with the Department a return on a form prescribed by the Department. The Department shall not require a business entity whose Nevada gross revenue for a taxable year is $20,000,000 or less to file a return for that taxable year. The return required by this subsection must include such information as is required by the Department.

 


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      3.  A business entity shall remit with the return the amount of tax due pursuant to subsection 1. Upon written application made before the date on which payment must be made, the Department may for good cause extend by not more than 30 days the time within which a taxpayer is required to pay the tax imposed by this chapter. If the tax is paid during the period of extension, no penalty or late charge may be imposed for failure to pay at the time required, but the taxpayer shall pay interest at the rate of 1 percent per month from the date on which the amount would have been due without the extension until the date of payment, unless otherwise provided in NRS 360.232 or 360.320.

      Sec. 26. In computing the tax owed by a business entity pursuant to this chapter, the business entity is entitled to deduct from its gross revenue the following amounts, to the extent such amounts are included in the gross revenue of the business entity:

      1.  Any gross revenue which this State is prohibited from taxing pursuant to the Constitution or laws of the United States or the Nevada Constitution.

      2.  Any gross revenue of the business entity attributable to dividends and interest upon any bonds or securities of the Federal Government, the State of Nevada or a political subdivision of this State.

      3.  Any gross revenue realized from the sale or transfer of a mineral other than gold or silver.

      4.  The amount of any pass-through revenue of the business entity.

      5.  The tax basis of securities and loans sold by the business entity, as determined for the purposes of federal income taxation.

      6.  The amount of revenue received by the business entity that is directly derived from the operation of a facility that is:

      (a) Located on property owned or leased by the Federal Government; and

      (b) Managed or operated primarily to house members of the Armed Forces of the United States.

      7.  Interest income other than interest on credit sales.

      8.  Dividends and distributions from corporations, and distributive or proportionate shares of receipts and income from a pass-through entity.

      9.  Receipts from the sale, exchange or other disposition of an asset described in section 1221 or 1231 of the Internal Revenue Code, 26 U.S.C. § 1221 or 1231, without regard to the length of time the business entity held the asset.

      10.  Receipts from a hedging transaction, as defined in section 1221 of the Internal Revenue Code, 26 U.S.C. § 1221, or a transaction accorded hedge accounting treatment under Statement No. 133 of the Financial Accounting Standards Board, Accounting for Derivative Instruments and Hedging Activities, to the extent the transaction is entered into primarily to protect a financial position, including, without limitation, managing the risk of exposure to foreign currency fluctuations that affect assets, liabilities, profits, losses, equity or investments in foreign operations, to interest rate fluctuations or to commodity price fluctuations. For the purposes of this subsection, receipts from the actual transfer of title of real or tangible personal property to another business entity are not receipts from a hedging transaction or a transaction accorded hedge accounting treatment.

 


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      11.  Proceeds received by a business entity that are attributable to the repayment, maturity or redemption of the principal of a loan, bond, mutual fund, certificate of deposit or marketable instrument.

      12.  The principal amount received under a repurchase agreement or on account of any transaction properly characterized as a loan.

      13.  Proceeds received from the issuance of the business entity’s own stock, options, warrants, puts or calls, from the sale of the business entity’s treasury stock or as contributions to the capital of the business entity.

      14.  Proceeds received on account of payments from insurance policies, except those proceeds received for the loss of business revenue.

      15.  Damages received as a result of litigation in excess of amounts that, if received without litigation, would not have been included in the gross receipts of the business entity pursuant to this section.

      16.  Bad debts expensed for the purposes of federal income taxation.

      17.  Returns and refunds to customers.

      18.  Amounts realized from the sale of an account receivable to the extent the receipts from the underlying transaction were included in the gross receipts of the business entity.

      19.  If the business entity owns an interest in a passive entity, the business entity’s share of the net income of the passive entity, but only to the extent the net income of the passive entity was generated by the gross revenue of another business entity.

      Sec. 27. 1.  In computing the tax owed by a business entity pursuant to this chapter, the gross revenue of the business entity, as adjusted pursuant to section 26 of this act, must be sitused to this State in accordance with the following rules:

      (a) Gross rents and royalties from real property is sitused to this State if the real property is located in this State.

      (b) Gross revenue from the sale of real property is sitused to this State if the real property is located in this State.

      (c) Gross rents and royalties from tangible personal property is sitused to this State to the extent that the tangible personal property is located or used in this State.

      (d) Gross revenue from the sale of gold or silver is sitused to this State if the gold or silver is extracted in this State.

      (e) Gross revenue from the sale of tangible personal property is sitused to this State if the property is delivered or shipped to a buyer in this State, regardless of the F.O.B. point or any other condition of sale.

      (f) Gross revenue from the sale of transportation services is sitused to this State if both the origin and the destination point of the transportation are located in this State.

      (g) Gross revenue from the sale of any services not otherwise described in this section is sitused to this State in the proportion that the purchaser’s benefit in this State, with respect to what was purchased, bears to the purchaser’s benefit everywhere with respect to what was purchased. For the purposes of this paragraph, the physical location at which the purchaser of a service ultimately uses or receives the benefit of the service that was purchased is paramount in determining the proportion of the benefit in this State to the benefit everywhere. If the records of a business entity do not allow the taxpayer to determine that location, the business entity may use an alternative method to situs gross revenue pursuant to this section if the alternative method is reasonable, is consistently and uniformly applied and is supported by the taxpayer’s records as those records exist when the service is provided or within a reasonable period of time thereafter.

 


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uniformly applied and is supported by the taxpayer’s records as those records exist when the service is provided or within a reasonable period of time thereafter.

      (h) Gross revenue not otherwise described in this section is sitused to this State if the gross receipts are from business conducted in this State. For the purposes of this paragraph, the physical location of the purchaser is paramount in determining if business is done in this State. If the records of a business entity do not allow the business entity to determine the location of the purchaser, the gross revenue must not be considered to be from business conducted in this State.

      2.  If the application of the provisions of subsection 1 does not fairly represent the extent of the business conducted in this State by a business entity, the Department may authorize the business entity to use an alternative method of situsing gross revenue to this State.

      Sec. 28. If the Department determines that any tax, penalty or interest has been paid more than once or has been erroneously or illegally collected or computed, the Department shall set forth that fact in the records of the Department and certify to the State Board of Examiners the amount collected in excess of the amount legally due and the person from whom it was collected or by whom it was paid. If approved by the State Board of Examiners, the excess amount collected or paid must, after being credited against any amount then due from the person in accordance with NRS 360.236, be refunded to the person or his or her successors in interest.

      Sec. 29. 1.  Except as otherwise provided in NRS 360.235 and 360.395:

      (a) No refund may be allowed unless a claim for it is filed with the Department within 3 years after the last day of the month following the calendar quarter for which the overpayment was made.

      (b) No credit may be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the Department within that period.

      2.  Each claim must be in writing and must state the specific grounds upon which the claim is founded.

      3.  Failure to file a claim within the time prescribed in this chapter constitutes a waiver of any demand against the State on account of overpayment.

      4.  Within 30 days after rejecting any claim in whole or in part, the Department shall serve notice of its action on the claimant in the manner prescribed for service of notice of a deficiency determination.

      Sec. 30. 1.  Except as otherwise provided in this section, NRS 360.320 or any other specific statute, interest must be paid upon any overpayment of any amount of the tax imposed by this chapter at the rate set forth in, and in accordance with the provisions of, NRS 360.2937.

      2.  If the Department determines that any overpayment has been made intentionally or by reason of carelessness, the Department shall not allow any interest on the overpayment.

      Sec. 31. 1.  No injunction, writ of mandate or other legal or equitable process may issue in any suit, action or proceeding in any court against this State or against any officer of the State to prevent or enjoin the collection under this chapter of the tax imposed by this chapter or any amount of tax, penalty or interest required to be collected.

 


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      2.  No suit or proceeding may be maintained in any court for the recovery of any amount alleged to have been erroneously or illegally determined or collected unless a claim for refund or credit has been filed.

      Sec. 32. 1.  Within 90 days after a final decision upon a claim filed pursuant to this chapter is rendered by the Commission, the claimant may bring an action against the Department on the grounds set forth in the claim in a court of competent jurisdiction in Carson City, the county of this State where the claimant resides or maintains his or her principal place of business or a county in which any relevant proceedings were conducted by the Department, for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.

      2.  Failure to bring an action within the time specified constitutes a waiver of any demand against the State on account of alleged overpayments.

      Sec. 33. 1.  If the Department fails to mail notice of action on a claim within 6 months after the claim is filed, the claimant may consider the claim disallowed and file an appeal with the Commission within 30 days after the last day of the 6-month period. If the claimant is aggrieved by the decision of the Commission rendered on appeal, the claimant may, within 90 days after the decision is rendered, bring an action against the Department on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.

      2.  If judgment is rendered for the plaintiff, the amount of the judgment must first be credited towards any tax due from the plaintiff.

      3.  The balance of the judgment must be refunded to the plaintiff.

      Sec. 34. In any judgment, interest must be allowed at the rate of 3 percent per annum upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance of credit on account of the judgment, or to a date preceding the date of the refund warrant by not more than 30 days. The date must be determined by the Department.

      Sec. 35. A judgment may not be rendered in favor of the plaintiff in any action brought against the Department to recover any amount paid when the action is brought by or in the name of an assignee of the person paying the amount or by any person other than the person who paid the amount.

      Sec. 36. 1.  The Department may recover a refund or any part thereof which is erroneously made and any credit or part thereof which is erroneously allowed in an action brought in a court of competent jurisdiction in Carson City or Clark County in the name of the State of Nevada.

      2.  The action must be tried in Carson City or Clark County unless the court, with the consent of the Attorney General, orders a change of place of trial.

      3.  The Attorney General shall prosecute the action, and the provisions of NRS, the Nevada Rules of Civil Procedure and the Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings.

      Sec. 37. 1.  If any amount in excess of $25 has been illegally determined, either by the Department or by the person filing the return, the Department shall certify that fact to the State Board of Examiners, and the latter shall authorize the cancellation of the amount upon the records of the Department.

 


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Department shall certify that fact to the State Board of Examiners, and the latter shall authorize the cancellation of the amount upon the records of the Department.

      2.  If an amount not exceeding $25 has been illegally determined, either by the Department or by the person filing the return, the Department, without certifying that fact to the State Board of Examiners, shall authorize the cancellation of the amount upon the records of the Department.

      Sec. 38. 1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the State under this chapter must be paid to the Department in the form of remittances payable to the Department.

      2.  The Department shall deposit the payments in the State Treasury for credit to the State General Fund.

      Sec. 39. 1.  A person shall not:

      (a) Make, cause to be made or permit to be made any false or fraudulent return or declaration or false statement in any return or declaration with intent to defraud the State or to evade payment of the tax or any part of the tax imposed by this chapter.

      (b) Make, cause to be made or permit to be made any false entry in books, records or accounts with intent to defraud the State or to evade the payment of the tax or any part of the tax imposed by this chapter.

      (c) Keep, cause to be kept or permit to be kept more than one set of books, records or accounts with intent to defraud the State or to evade the payment of the tax or any part of the tax imposed by this chapter.

      2.  Any person who violates the provisions of subsection 1 is guilty of a gross misdemeanor.

      Sec. 40. The remedies of the State provided for in this chapter are cumulative, and no action taken by the Department or the Attorney General constitutes an election by the State to pursue any remedy to the exclusion of any other remedy for which provision is made in this chapter.

      Sec. 41. NRS 360.2937 is hereby amended to read as follows:

      360.2937  1.  Except as otherwise provided in this section, NRS 360.320 or any other specific statute, and notwithstanding the provisions of NRS 360.2935, interest must be paid upon an overpayment of any tax provided for in chapter 362, 363A, 363B, 363C, 369, 370, 372, 372B, 374, 377, 377A, 377C or 377D of NRS, or sections 2 to 40, inclusive, of this act, any of the taxes provided for in NRS 372A.290, any fee provided for in NRS 444A.090 or 482.313, or any assessment provided for in NRS 585.497, at the rate of 0.25 percent per month from the last day of the calendar month following the period for which the overpayment was made.

      2.  No refund or credit may be made of any interest imposed on the person making the overpayment with respect to the amount being refunded or credited.

      3.  The interest must be paid:

      (a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if the person has not already filed a claim, is notified by the Department that a claim may be filed or the date upon which the claim is certified to the State Board of Examiners, whichever is earlier.

      (b) In the case of a credit, to the same date as that to which interest is computed on the tax or the amount against which the credit is applied.

 


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      Sec. 42. NRS 360.300 is hereby amended to read as follows:

      360.300  1.  If a person fails to file a return or the Department is not satisfied with the return or returns of any tax, contribution or premium or amount of tax, contribution or premium required to be paid to the State by any person, in accordance with the applicable provisions of this chapter, chapter 360B, 362, 363A, 363B, 363C, 369, 370, 372, 372A, 372B, 374, 377, 377A, 377C, 377D or 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS, or sections 2 to 40, inclusive, of this act, as administered or audited by the Department, it may compute and determine the amount required to be paid upon the basis of:

      (a) The facts contained in the return;

      (b) Any information within its possession or that may come into its possession; or

      (c) Reasonable estimates of the amount.

      2.  One or more deficiency determinations may be made with respect to the amount due for one or for more than one period.

      3.  In making its determination of the amount required to be paid, the Department shall impose interest on the amount of tax determined to be due, calculated at the rate and in the manner set forth in NRS 360.417, unless a different rate of interest is specifically provided by statute.

      4.  The Department shall impose a penalty of 10 percent in addition to the amount of a determination that is made in the case of the failure of a person to file a return with the Department.

      5.  When a business is discontinued, a determination may be made at any time thereafter within the time prescribed in NRS 360.355 as to liability arising out of that business, irrespective of whether the determination is issued before the due date of the liability.

      Sec. 43. NRS 360.417 is hereby amended to read as follows:

      360.417  Except as otherwise provided in NRS 360.232 and 360.320, and unless a different penalty or rate of interest is specifically provided by statute, any person who fails to pay any tax provided for in chapter 362, 363A, 363B, 363C, 369, 370, 372, 372B, 374, 377, 377A, 377C, 377D, 444A or 585 of NRS, or sections 2 to 40, inclusive, of this act, any of the taxes provided for in NRS 372A.290, or any fee provided for in NRS 482.313, and any person or governmental entity that fails to pay any fee provided for in NRS 360.787, to the State or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee which is owed, as determined by the Department, in addition to the tax or fee, plus interest at the rate of 0.75 percent per month, or fraction of a month, from the last day of the month following the period for which the amount or any portion of the amount should have been reported until the date of payment. The amount of any penalty imposed must be based on a graduated schedule adopted by the Nevada Tax Commission which takes into consideration the length of time the tax or fee remained unpaid.

      Sec. 44. NRS 360.510 is hereby amended to read as follows:

      360.510  1.  If any person is delinquent in the payment of any tax or fee administered by the Department or if a determination has been made against the person which remains unpaid, the Department may:

      (a) Not later than 3 years after the payment became delinquent or the determination became final; or

      (b) Not later than 6 years after the last recording of an abstract of judgment or of a certificate constituting a lien for tax owed,

 


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Ê give a notice of the delinquency and a demand to transmit personally or by registered or certified mail to any person, including, without limitation, any officer or department of this State or any political subdivision or agency of this State, who has in his or her possession or under his or her control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent or person against whom a determination has been made which remains unpaid, or owing any debts to the delinquent or that person. In the case of any state officer, department or agency, the notice must be given to the officer, department or agency before the Department presents the claim of the delinquent taxpayer to the State Controller.

      2.  A state officer, department or agency which receives such a notice may satisfy any debt owed to it by that person before it honors the notice of the Department.

      3.  After receiving the demand to transmit, the person notified by the demand may not transfer or otherwise dispose of the credits, other personal property, or debts in his or her possession or under his or her control at the time the person received the notice until the Department consents to a transfer or other disposition.

      4.  Every person notified by a demand to transmit shall, within 10 days after receipt of the demand to transmit, inform the Department of and transmit to the Department all such credits, other personal property or debts in his or her possession, under his or her control or owing by that person within the time and in the manner requested by the Department. Except as otherwise provided in subsection 5, no further notice is required to be served to that person.

      5.  If the property of the delinquent taxpayer consists of a series of payments owed to him or her, the person who owes or controls the payments shall transmit the payments to the Department until otherwise notified by the Department. If the debt of the delinquent taxpayer is not paid within 1 year after the Department issued the original demand to transmit, the Department shall issue another demand to transmit to the person responsible for making the payments informing him or her to continue to transmit payments to the Department or that his or her duty to transmit the payments to the Department has ceased.

      6.  If the notice of the delinquency seeks to prevent the transfer or other disposition of a deposit in a bank or credit union or other credits or personal property in the possession or under the control of a bank, credit union or other depository institution, the notice must be delivered or mailed to any branch or office of the bank, credit union or other depository institution at which the deposit is carried or at which the credits or personal property is held.

      7.  If any person notified by the notice of the delinquency makes any transfer or other disposition of the property or debts required to be withheld or transmitted, to the extent of the value of the property or the amount of the debts thus transferred or paid, that person is liable to the State for any indebtedness due pursuant to this chapter, chapter 360B, 362, 363A, 363B, 363C, 369, 370, 372, 372A, 372B, 374, 377, 377A, 377C, 377D or 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS or sections 2 to 40, inclusive, of this act, from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition the State is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.

 


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      Sec. 45. NRS 362.100 is hereby amended to read as follows:

      362.100  1.  The Department shall:

      (a) Investigate and determine the net proceeds of all minerals extracted and certify them as provided in NRS 362.100 to 362.240, inclusive.

      (b) Appraise and assess all reduction, smelting and milling works, plants and facilities, whether or not associated with a mine, all drilling rigs, and all supplies, machinery, equipment, apparatus, facilities, buildings, structures and other improvements used in connection with any mining, drilling, reduction, smelting or milling operation as provided in chapter 361 of NRS.

      (c) Deposit all taxes, interest and penalties it receives pursuant to this chapter in the State Treasury for credit to the State General Fund. Each year after the distribution of all money due to the State of Nevada and each county pursuant to NRS 362.170, the State Controller shall transfer all taxes, interest and penalties collected pursuant to this chapter to the State Education Fund.

      2.  As used in this section, “net proceeds of all minerals extracted” includes the proceeds of all:

      (a) Operating mines;

      (b) Operating oil and gas wells;

      (c) Operations extracting geothermal resources for profit, except an operation which uses natural hot water to enhance the growth of animal or plant life; and

      (d) Operations extracting minerals from natural solutions.

      Sec. 46. NRS 363A.139 is hereby amended to read as follows:

      363A.139  1.  Any taxpayer who is required to pay a tax pursuant to NRS 363A.130 may receive a credit against the tax otherwise due for any donation of money made by the taxpayer to a scholarship organization in the manner provided by this section.

      2.  To receive the credit authorized by subsection 1, a taxpayer who intends to make a donation of money to a scholarship organization must, before making such a donation, notify the scholarship organization of the taxpayer’s intent to make the donation and to seek the credit authorized by subsection 1. A scholarship organization shall, before accepting any such donation, apply to the Department of Taxation for approval of the credit authorized by subsection 1 for the donation. The Department of Taxation shall, within 20 days after receiving the application, approve or deny the application and provide to the scholarship organization notice of the decision and, if the application is approved, the amount of the credit authorized. Upon receipt of notice that the application has been approved, the scholarship organization shall provide notice of the approval to the taxpayer who must, not later than 30 days after receiving the notice, make the donation of money to the scholarship organization. If the taxpayer does not make the donation of money to the scholarship organization within 30 days after receiving the notice, the scholarship organization shall provide notice of the failure to the Department of Taxation and the taxpayer forfeits any claim to the credit authorized by subsection 1.

      3.  The Department of Taxation shall approve or deny applications for the credit authorized by subsection 1 in the order in which the applications are received.

      4.  Except as otherwise provided in subsection 5, the Department of Taxation may, for each fiscal year, approve applications for the credit authorized by subsection 1 until the total amount of the credits authorized by subsection 1 and approved by the Department of Taxation pursuant to this subsection and subsection 4 of NRS 363B.119 is $6,655,000.

 


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subsection 1 and approved by the Department of Taxation pursuant to this subsection and subsection 4 of NRS 363B.119 is $6,655,000. The amount of any credit which is forfeited pursuant to subsection 2 must not be considered in calculating the amount of credits authorized for any fiscal year.

      5.  Except as otherwise provided in this subsection, in addition to the amount of credits authorized by subsection 4 for Fiscal Years 2019-2020 , [and] 2020-2021 [,] and 2021-2022, the Department of Taxation may approve applications for the credit authorized by subsection 1 for each of those fiscal years until the total amount of the credits authorized by subsection 1 and approved by the Department of Taxation pursuant to this subsection and subsection 5 of NRS 363B.119 is $4,745,000. The provisions of subsection 4 do not apply to the amount of credits authorized by this subsection and the amount of credits authorized by this subsection must not be considered when determining the amount of credits authorized for a fiscal year pursuant to subsection 4. If, in Fiscal Year 2019-2020 , [or] 2020-2021 [,] or 2021-2022, the amount of credits authorized by subsection 1 and approved pursuant to this subsection is less than $4,745,000, the remaining amount of credits pursuant to this subsection must be carried forward and made available for approval during subsequent fiscal years until the total amount of credits authorized by subsection 1 and approved pursuant to this subsection is equal to [$9,490,000.] $14,235,000. The amount of any credit which is forfeited pursuant to subsection 2 must not be considered in calculating the amount of credits authorized pursuant to this subsection.

      6.  If a taxpayer applies to and is approved by the Department of Taxation for the credit authorized by subsection 1, the amount of the credit provided by this section is equal to the amount approved by the Department of Taxation pursuant to subsection 2, which must not exceed the amount of the donation made by the taxpayer to a scholarship organization. The total amount of the credit applied against the taxes described in subsection 1 and otherwise due from a taxpayer must not exceed the amount of the donation.

      7.  If the amount of the tax described in subsection 1 and otherwise due from a taxpayer is less than the credit to which the taxpayer is entitled pursuant to this section, the taxpayer may, after applying the credit to the extent of the tax otherwise due, carry the balance of the credit forward for not more than 5 years after the end of the calendar year in which the donation is made or until the balance of the credit is applied, whichever is earlier.

      8.  As used in this section, “scholarship organization” has the meaning ascribed to it in NRS 388D.260.

      Sec. 47. NRS 363B.119 is hereby amended to read as follows:

      363B.119  1.  Any taxpayer who is required to pay a tax pursuant to NRS 363B.110 may receive a credit against the tax otherwise due for any donation of money made by the taxpayer to a scholarship organization in the manner provided by this section.

      2.  To receive the credit authorized by subsection 1, a taxpayer who intends to make a donation of money to a scholarship organization must, before making such a donation, notify the scholarship organization of the taxpayer’s intent to make the donation and to seek the credit authorized by subsection 1. A scholarship organization shall, before accepting any such donation, apply to the Department of Taxation for approval of the credit authorized by subsection 1 for the donation. The Department of Taxation shall, within 20 days after receiving the application, approve or deny the application and provide to the scholarship organization notice of the decision and, if the application is approved, the amount of the credit authorized.

 


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and, if the application is approved, the amount of the credit authorized. Upon receipt of notice that the application has been approved, the scholarship organization shall provide notice of the approval to the taxpayer who must, not later than 30 days after receiving the notice, make the donation of money to the scholarship organization. If the taxpayer does not make the donation of money to the scholarship organization within 30 days after receiving the notice, the scholarship organization shall provide notice of the failure to the Department of Taxation and the taxpayer forfeits any claim to the credit authorized by subsection 1.

      3.  The Department of Taxation shall approve or deny applications for the credit authorized by subsection 1 in the order in which the applications are received.

      4.  Except as otherwise provided in subsection 5, the Department of Taxation may, for each fiscal year, approve applications for the credit authorized by subsection 1 until the total amount of the credits authorized by subsection 1 and approved by the Department of Taxation pursuant to this subsection and subsection 4 of NRS 363A.139 is $6,655,000. The amount of any credit which is forfeited pursuant to subsection 2 must not be considered in calculating the amount of credits authorized for any fiscal year.

      5.  In addition to the amount of credits authorized by subsection 4 for Fiscal Years 2019-2020 , [and] 2020-2021 [,] and 2021-2022, the Department of Taxation may approve applications for the credit authorized by subsection 1 for each of those fiscal years until the total amount of the credits authorized by subsection 1 and approved by the Department of Taxation pursuant to this subsection and subsection 5 of NRS 363A.139 is $4,745,000. The provisions of subsection 4 do not apply to the amount of credits authorized by this subsection and the amount of credits authorized by this subsection must not be considered when determining the amount of credits authorized for a fiscal year pursuant to subsection 4. If, in Fiscal Year 2019-2020 , [or] 2020-2021 [,] or 2021-2022, the amount of credits authorized by subsection 1 and approved pursuant to this subsection is less than $4,745,000, the remaining amount of credits pursuant to this subsection must be carried forward and made available for approval during subsequent fiscal years until the total amount of credits authorized by subsection 1 and approved pursuant to this subsection is equal to [$9,490,000.] $14,235,000. The amount of any credit which is forfeited pursuant to subsection 2 must not be considered in calculating the amount of credits authorized pursuant to this subsection.

      6.  If a taxpayer applies to and is approved by the Department of Taxation for the credit authorized by subsection 1, the amount of the credit provided by this section is equal to the amount approved by the Department of Taxation pursuant to subsection 2, which must not exceed the amount of the donation made by the taxpayer to a scholarship organization. The total amount of the credit applied against the taxes described in subsection 1 and otherwise due from a taxpayer must not exceed the amount of the donation.

      7.  If the amount of the tax described in subsection 1 and otherwise due from a taxpayer is less than the credit to which the taxpayer is entitled pursuant to this section, the taxpayer may, after applying the credit to the extent of the tax otherwise due, carry the balance of the credit forward for not more than 5 years after the end of the calendar year in which the donation is made or until the balance of the credit is applied, whichever is earlier.

 


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      8.  As used in this section, “scholarship organization” has the meaning ascribed to it in NRS 388D.260.

      Sec. 48. NRS 363C.020 is hereby amended to read as follows:

      363C.020  1.  Except as otherwise provided in subsection 2, “business entity” means a corporation, partnership, proprietorship, limited-liability company, business association, joint venture, limited-liability partnership, business trust, professional association, joint stock company, holding company and any other person engaged in a business.

      2.  “Business entity” does not include:

      (a) Any person or other entity which this State is prohibited from taxing pursuant to the Constitution or laws of the United States or the Nevada Constitution.

      (b) A natural person, unless that person is engaging in a business and is required to file with the Internal Revenue Service a Schedule C (Form 1040), Profit or Loss from Business, or its equivalent or successor form, a Schedule E (Form 1040), Supplemental Income and Loss, or its equivalent or successor form, or a Schedule F (Form 1040), Profit or Loss from Farming, or its equivalent or successor form, for that business.

      (c) A governmental entity.

      (d) A nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c).

      (e) A business entity organized pursuant to chapter 82 or 84 of NRS.

      (f) A credit union organized under the provisions of chapter 672 of NRS or the Federal Credit Union Act.

      (g) A grantor trust as defined by section 671 and 7701(a)(30)(E) of the Internal Revenue Code, 26 U.S.C. §§ 671 and 7701(a)(30)(E), all of the grantors and beneficiaries of which are natural persons or charitable entities as described in section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), excluding a trust taxable as a business entity pursuant to 26 C.F.R. § 301.7701-4(b).

      (h) An estate of a natural person as defined by section 7701(a)(30)(D) of the Internal Revenue Code, 26 U.S.C. § 7701(a)(30)(D), excluding an estate taxable as a business entity pursuant to 26 C.F.R. § 301.7701-4(b).

      (i) A real estate investment trust, as defined by section 856 of the Internal Revenue Code, 26 U.S.C. § 856, and its qualified real estate investment trust subsidiaries, as defined by section 856(i)(2) of the Internal Revenue Code, 26 U.S.C. § 856(i)(2), except that:

             (1) A real estate investment trust with any amount of its assets in direct holdings of real estate, other than real estate it occupies for business purposes, as opposed to holding interests in limited partnerships or other entities that directly hold the real estate, is a business entity pursuant to this section; and

             (2) A limited partnership or other entity that directly holds the real estate as described in subparagraph (1) is a business entity pursuant to this section, without regard to whether a real estate investment trust holds an interest in it.

      (j) A real estate mortgage investment conduit, as defined by section 860D of the Internal Revenue Code, 26 U.S.C. § 860D.

      (k) A trust qualified under section 401(a) of the Internal Revenue Code, 26 U.S.C. § 401(a).

      (l) A passive entity.

 


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      (m) A person whose activities within this State are confined to the owning, maintenance and management of the person’s intangible investments or of the intangible investments of persons or statutory trusts or business trusts registered as investment companies under the Investment Company Act of 1940, 15 U.S.C. §§ 80a-1 et seq., as amended, and the collection and distribution of the income from such investments or from tangible property physically located outside this State. For the purposes of this paragraph, “intangible investments” includes, without limitation, investments in stocks, bonds, notes and other debt obligations, including, without limitation, debt obligations of affiliated corporations, real estate investment trusts, patents, patent applications, trademarks, trade names and similar types of intangible assets or an entity that is registered as an investment company under the Investment Company Act of 1940, 15 U.S.C. §§ 80a-1 et seq.

      (n) A person who takes part in an exhibition held in this State for a purpose related to the conduct of a business and is not required to obtain a state business license specifically for that event pursuant to NRS 360.780.

      (o) A person engaged in the business of extracting gold or silver in this State.

      Sec. 49. NRS 78.245 is hereby amended to read as follows:

      78.245  1.  Except as otherwise provided in subsection 2, no stocks, bonds or other securities issued by any corporation organized under this chapter, nor the income or profits therefrom, nor the transfer thereof by assignment, descent, testamentary disposition or otherwise, shall be taxed by this State when such stocks, bonds or other securities shall be owned by nonresidents of this State or by foreign corporations.

      2.  The provisions of subsection 1 do not apply to the commerce tax imposed pursuant to chapter 363C of NRS [.] or the tax imposed pursuant to sections 2 to 40, inclusive, of this act.

      Sec. 50. 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 section 53 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 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.

 


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      (c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.

      (d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:

             (1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;

             (2) Set forth priorities for the provision of those services;

             (3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;

             (4) Identify the sources of funding for services provided by the Department and the allocation of that funding;

             (5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and

             (6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.

      (e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.

      (f) Has such other powers and duties as are provided by law.

      2.  Notwithstanding any other provision of law, the Director, or the Director’s designee, is responsible for appointing and removing subordinate officers and employees of the Department.

      Sec. 51. NRS 387.1212 is hereby amended to read as follows:

      387.1212  1.  The State Education Fund is hereby created as a special revenue fund to be administered by the Superintendent of Public Instruction for the purpose of supporting the operation of the public schools in this State. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.

      2.  Money which must be deposited for credit to the State Education Fund includes, without limitation:

      (a) All money derived from interest on the State Permanent School Fund, as provided in NRS 387.030;

      (b) The proceeds of the tax imposed pursuant to NRS 244.33561 and any applicable penalty or interest, less any amount retained by the county treasurer for the actual cost of collecting and administering the tax;

      (c) The proceeds of the tax imposed pursuant to subsection 1 of NRS 387.195;

      (d) The portion of the money in each special account created pursuant to subsection 1 of NRS 179.1187 which is identified in paragraph (d) of subsection 2 of NRS 179.1187;

      (e) The money identified in subsection 1 of NRS 328.450;

 


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      (f) The money identified in subsection 1 of NRS 328.460;

      (g) The money identified in paragraph (a) of subsection 2 of NRS 360.850;

      (h) The money identified in paragraph (a) of subsection 2 of NRS 360.855;

      (i) The money required to be transferred to the State Education Fund pursuant to NRS 362.100;

      (j) The money required to be paid over to the State Treasurer for deposit to the credit of the State Education Fund pursuant to subsection 4 of NRS 362.170;

      [(j)](k) The portion of the proceeds of the tax imposed pursuant to subsection 1 of NRS 372A.290 identified in paragraph (b) of subsection 4 of NRS 372A.290;

      [(k)](l) The proceeds of the tax imposed pursuant to subsection 3 of NRS 372A.290;

      [(l)](m) The proceeds of the fees, taxes, interest and penalties imposed pursuant to chapter 374 of NRS, as transferred pursuant to subsection 3 of NRS 374.785;

      [(m)](n) The money identified in paragraph (b) of subsection 3 of NRS 678B.390;

      [(n)](o) The portion of the proceeds of the excise tax imposed pursuant to subsection 1 of NRS 463.385 identified in paragraph (c) of subsection 5 of NRS 463.385;

      [(o)](p) The money required to be distributed to the State Education Fund pursuant to subsection 3 of NRS 482.181;

      [(p)](q) The portion of the net profits of the grantee of a franchise, right or privilege identified in NRS 709.110;

      [(q)](r) The portion of the net profits of the grantee of a franchise identified in NRS 709.230;

      [(r)](s) The portion of the net profits of the grantee of a franchise identified in NRS 709.270; [and]

      [(s)](t) The money required to be distributed to the State Education Fund pursuant to section 56 of this act; and

      (u) The direct legislative appropriation from the State General Fund required by subsection 3.

      3.  In addition to money from any other source provided by law, support for the State Education Fund must be provided by direct legislative appropriation from the State General Fund in an amount determined by the Legislature to be sufficient to fund the operation of the public schools in this State for kindergarten through grade 12 for the next ensuing biennium for the population reasonably estimated for that biennium. Money in the State Education Fund does not revert to the State General Fund at the end of a fiscal year, and the balance in the State Education Fund must be carried forward to the next fiscal year.

      4.  Money in the Fund must be paid out on claims as other claims against the State are paid.

      5.  The Superintendent of Public Instruction may create one or more accounts in the State Education Fund for the purpose of administering any money received from the Federal Government for the support of education and any State money required to be administered separately to satisfy any requirement imposed by the Federal Government. The money in any such account must not be considered when calculating the statewide base per pupil funding amount or appropriating money from the State Education Fund pursuant to NRS 387.1214.

 


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funding amount or appropriating money from the State Education Fund pursuant to NRS 387.1214. The interest and income earned on the money in any such account, after deducting any applicable charges, must be credited to the account.

      Sec. 52. NRS 388D.270 is hereby amended to read as follows:

      388D.270  1.  A scholarship organization must:

      (a) Be exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3).

      (b) Not own or operate any school in this State, including, without limitation, a private school, which receives any grant money pursuant to the Nevada Educational Choice Scholarship Program.

      (c) Accept donations from taxpayers and other persons and may also solicit and accept gifts and grants.

      (d) Not expend more than 5 percent of the total amount of money accepted pursuant to paragraph (c) to pay its administrative expenses.

      (e) Provide grants on behalf of pupils who are members of a household that has a household income which is not more than 300 percent of the federally designated level signifying poverty to allow those pupils to attend schools in this State chosen by the parents or legal guardians of those pupils, including, without limitation, private schools. The total amount of a grant provided by the scholarship organization on behalf of a pupil pursuant to this paragraph must not exceed $7,755 for Fiscal Year 2015-2016.

      (f) Not limit to a single school the schools for which it provides grants.

      (g) Except as otherwise provided in paragraph (e), not limit to specific pupils the grants provided pursuant to that paragraph.

      2.  The maximum amount of a grant provided by the scholarship organization pursuant to paragraph (e) of subsection 1 must be adjusted on July 1 of each year for the fiscal year beginning that day and ending June 30 in a rounded dollar amount corresponding to the percentage of increase in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year. On May 1 of each year, the Department of Education shall determine the amount of increase required by this subsection, establish the adjusted amounts to take effect on July 1 of that year and notify each scholarship organization of the adjusted amounts. The Department of Education shall also post the adjusted amounts on its Internet website.

      3.  A grant provided on behalf of a pupil pursuant to subsection 1 must be paid directly to the school chosen by the parent or legal guardian of the pupil.

      4.  A scholarship organization shall provide each taxpayer and other person who makes a donation, gift or grant of money to the scholarship organization pursuant to paragraph (c) of subsection 1 with an affidavit, signed under penalty of perjury, which includes, without limitation:

      (a) A statement that the scholarship organization satisfies the requirements set forth in subsection 1; and

      (b) The total amount of the donation, gift or grant made to the scholarship organization.

      5.  Each school in which a pupil is enrolled for whom a grant is provided by a scholarship organization shall maintain a record of the academic progress of the pupil. The record must be maintained in such a manner that the information may be aggregated and reported for all such pupils if reporting is required by the regulations of the Department of Education.

 


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manner that the information may be aggregated and reported for all such pupils if reporting is required by the regulations of the Department of Education.

      6.  [A scholarship organization shall not use a donation for which a taxpayer received a tax credit pursuant to NRS 363A.139 or 363B.119 to provide a grant pursuant to this section on behalf of a pupil unless the scholarship organization used a donation for which the taxpayer received a tax credit pursuant to NRS 363A.139 or 363B.119 to provide a grant pursuant to this section on behalf of the pupil for the immediately preceding school year or reasonably expects to be able to provide a grant pursuant to this section on behalf of the pupil in at least the same amount for each school year until the pupil graduates from high school. A scholarship organization that violates this subsection shall repay to the Department of Taxation the amount of the tax credit received by the taxpayer pursuant to NRS 363A.139 or 363B.119, as applicable.

      7.]  The Department of Education:

      (a) Shall adopt regulations prescribing the contents of and procedures for applications for grants provided pursuant to subsection 1.

      (b) May adopt such other regulations as the Department determines necessary to carry out the provisions of this section.

      [8.]7.  As used in this section, “private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 53. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  To the extent authorized by federal law, the Director shall include in the State Plan for Medicaid authorization for a recipient of Medicaid to be deemed a provider of services for the purposes of allowing the recipient to receive reimbursements for personal care services covered by Medicaid and use that money to pay for services provided by a personal care assistant acting pursuant to NRS 629.091 or an agency to provide personal care services in the home using a self-directed model.

      2.  As used in this section:

      (a) “Agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021.

      (b) “Personal care services” means the services described in NRS 449.1935.

      Sec. 54. NRS 612.265 is hereby amended to read as follows:

      612.265  1.  Except as otherwise provided in this section and NRS 239.0115, 607.217 and 612.642, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s or employing unit’s identity.

      2.  Any claimant or a legal representative of a claimant is entitled to information from the records of the Division, to the extent necessary for the proper presentation of the claimant’s claim in any proceeding pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the Division for any other purpose.

      3.  The Administrator may, in accordance with a cooperative agreement among all participants in the statewide longitudinal data system developed pursuant to NRS 400.037 and administered pursuant to NRS 223.820, make the information obtained by the Division available to:

 


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      (a) The Board of Regents of the University of Nevada for the purpose of complying with the provisions of subsection 4 of NRS 396.531; and

      (b) The Director of the Department of Employment, Training and Rehabilitation for the purpose of complying with the provisions of paragraph (d) of subsection 1 of NRS 232.920.

      4.  Subject to such restrictions as the Administrator may by regulation prescribe, the information obtained by the Division may be made available to:

      (a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of laws relating to unemployment compensation, public assistance, workers’ compensation or labor and industrial relations, or the maintenance of a system of public employment offices;

      (b) Any state or local agency for the enforcement of child support;

      (c) The Internal Revenue Service of the Department of the Treasury;

      (d) The Department of Taxation;

      (e) The State Contractors’ Board in the performance of its duties to enforce the provisions of chapter 624 of NRS; and

      (f) The Secretary of State to operate the state business portal established pursuant to chapter 75A of NRS for the purposes of verifying that data submitted via the portal has satisfied the necessary requirements established by the Division, and as necessary to maintain the technical integrity and functionality of the state business portal established pursuant to chapter 75A of NRS.

Ê Information obtained in connection with the administration of the Division may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.

      5.  Upon written request made by the State Controller or a public officer of a local government, the Administrator shall furnish from the records of the Division the name, address and place of employment of any person listed in the records of employment of the Division. The request may be made electronically and must set forth the social security number of the person about whom the request is made and contain a statement signed by the proper authority of the State Controller or local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation assigned to the State Controller for collection or owed to the local government, as applicable. Except as otherwise provided in NRS 239.0115, the information obtained by the State Controller or local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation assigned to the State Controller for collection or owed to that local government. The Administrator may charge a reasonable fee for the cost of providing the requested information.

      6.  The Administrator may publish or otherwise provide information on the names of employers, their addresses, their type or class of business or industry, and the approximate number of employees employed by each such employer, if the information released will assist unemployed persons to obtain employment or will be generally useful in developing and diversifying the economic interests of this State. Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this State, the Administrator may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer.

 


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listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer. The Administrator may charge a fee to cover the actual costs of any administrative expenses relating to the disclosure of this information to a state agency. The Administrator may require the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and prevent its unauthorized disclosure.

      7.  Upon request therefor, the Administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.

      8.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this State may submit a written request to the Administrator that the Administrator furnish, from the records of the Division, the name, address and place of employment of any person listed in the records of employment of the Division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the Administrator shall furnish the information requested. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      9.  In addition to the provisions of subsection 6, the Administrator shall provide lists containing the names and addresses of employers, and information regarding the wages paid by each employer to the Department of Taxation, upon request, for use in verifying returns for the taxes imposed pursuant to chapters 363A, 363B and 363C of NRS [.] and sections 2 to 40, inclusive, of this act. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      10.  Upon the request of any district judge or jury commissioner of the judicial district in which the county is located, the Administrator shall, in accordance with other agreements entered into with other district courts and in compliance with 20 C.F.R. Part 603, and any other applicable federal laws and regulations governing the Division, furnish the name, address and date of birth of persons who receive benefits in any county, for use in the selection of trial jurors pursuant to NRS 6.045. The court or jury commissioner who requests the list of such persons shall reimburse the Division for the reasonable cost of providing the requested information.

      11.  The Division of Industrial Relations of the Department of Business and Industry shall periodically submit to the Administrator, from information in the index of claims established pursuant to NRS 616B.018, a list containing the name of each person who received benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. Upon receipt of that information, the Administrator shall compare the information so provided with the records of the Employment Security Division regarding persons claiming benefits pursuant to this chapter for the same period. The information submitted by the Division of Industrial Relations must be in a form determined by the Administrator and must contain the social security number of each such person. If it appears from the information submitted that a person is simultaneously claiming benefits under this chapter and under chapters 616A to 616D, inclusive, or chapter 617 of NRS, the Administrator shall notify the Attorney General or any other appropriate law enforcement agency.

 


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under chapters 616A to 616D, inclusive, or chapter 617 of NRS, the Administrator shall notify the Attorney General or any other appropriate law enforcement agency.

      12.  The Administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in section 3305(c) of the Internal Revenue Code of 1954.

      13.  The Administrator, any employee or other person acting on behalf of the Administrator, or any employee or other person acting on behalf of an agency or entity allowed to access information obtained from any employing unit or person in the administration of this chapter, or any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter, is guilty of a gross misdemeanor if he or she:

      (a) Uses or permits the use of the list for any political purpose;

      (b) Uses or permits the use of the list for any purpose other than one authorized by the Administrator or by law; or

      (c) Fails to protect and prevent the unauthorized use or dissemination of information derived from the list.

      14.  All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the Division or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

      Sec. 55. NRS 616B.012 is hereby amended to read as follows:

      616B.012  1.  Except as otherwise provided in this section and NRS 239.0115, 607.217, 616B.015, 616B.021 and 616C.205, information obtained from any insurer, employer or employee is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s identity.

      2.  Any claimant or legal representative of the claimant is entitled to information from the records of the insurer, to the extent necessary for the proper presentation of a claim in any proceeding under chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      3.  The Division and Administrator are entitled to information from the records of the insurer which is necessary for the performance of their duties. The Administrator may, by regulation, prescribe the manner in which otherwise confidential information may be made available to:

      (a) Any agency of this or any other state charged with the administration or enforcement of laws relating to industrial insurance, unemployment compensation, public assistance or labor law and industrial relations;

      (b) Any state or local agency for the enforcement of child support;

      (c) The Internal Revenue Service of the Department of the Treasury;

      (d) The Department of Taxation; and

      (e) The State Contractors’ Board in the performance of its duties to enforce the provisions of chapter 624 of NRS.

Ê Information obtained in connection with the administration of a program of industrial insurance may be made available to persons or agencies for purposes appropriate to the operation of a program of industrial insurance.

 


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ê2021 Statutes of Nevada, Page 1294 (CHAPTER 249, AB 495)ê

 

      4.  Upon written request made by a public officer of a local government, an insurer shall furnish from its records the name, address and place of employment of any person listed in its records. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. Except as otherwise provided in NRS 239.0115, the information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to the local government. The insurer may charge a reasonable fee for the cost of providing the requested information.

      5.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this State may submit to the Administrator a written request for the name, address and place of employment of any person listed in the records of an insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of a request, the Administrator shall instruct the insurer to furnish the information requested. Upon receipt of such an instruction, the insurer shall furnish the information requested. The insurer may charge a reasonable fee to cover any related administrative expenses.

      6.  Upon request by the Department of Taxation, the Administrator shall provide:

      (a) Lists containing the names and addresses of employers; and

      (b) Other information concerning employers collected and maintained by the Administrator or the Division to carry out the purposes of chapters 616A to 616D, inclusive, or chapter 617 of NRS,

Ê to the Department for its use in verifying returns for the taxes imposed pursuant to chapters 363A, 363B and 363C of NRS [.] and sections 2 to 40, inclusive, of this act. The Administrator may charge a reasonable fee to cover any related administrative expenses.

      7.  Any person who, in violation of this section, discloses information obtained from files of claimants or policyholders or obtains a list of claimants or policyholders under chapters 616A to 616D, inclusive, or chapter 617 of NRS and uses or permits the use of the list for any political purposes, is guilty of a gross misdemeanor.

      8.  All letters, reports or communications of any kind, oral or written, from the insurer, or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      9.  The provisions of this section do not prohibit the Administrator or the Division from:

      (a) Disclosing any nonproprietary information relating to an uninsured employer or proof of industrial insurance; or

      (b) Notifying an injured employee or the surviving spouse or dependent of an injured employee of benefits to which such persons may be entitled in addition to those provided pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS but only if:

 


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             (1) The notification is solely for the purpose of informing the recipient of benefits that are available to the recipient; and

             (2) The content of the notification is limited to information concerning services which are offered by nonprofit entities.

      Sec. 56. Section 38 of this act is hereby amended to read as follows:

       Sec. 38.  1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the State under this chapter must be paid to the Department in the form of remittances payable to the Department.

       2.  The Department shall deposit the payments in the State Treasury for credit to the State [General] Education Fund.

      Sec. 57.  1.  There is hereby appropriated from the State General Fund to the Nevada System of Higher Education for the support of the Silver State Opportunity Grant Program the following sums:

For the Fiscal Year 2021-2022.................................................... $600,000

For the Fiscal Year 2022-2023.................................................... $600,000

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, 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 16, 2022, and September 15, 2023, respectively.

      Sec. 58.  1.  There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services to pay the State’s share of the costs of personal care services for recipients of Medicaid under the self-directed model required by section 53 of this act the following sums:

For the Fiscal Year 2021-2022...................................................... $50,895

For the Fiscal Year 2022-2023.................................................... $104,354

      2.  The sums appropriated by subsection 1 are available for either fiscal year. Any remaining balance of those sums 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. 59.  The Chief of the Budget Division of the Office of Finance shall disburse from the money received from the Coronavirus State and Local Fiscal Recovery Funds by the State of Nevada the amount of $200,000,000, in accordance with the provisions of chapter 353 of NRS, to the Department of Education to be administered as grants to qualifying school districts and university schools for profoundly gifted pupils in Nevada to be used to augment programs implemented to address the impacts of learning loss experienced as a result of the COVID-19 pandemic, including, without limitation, evidence-based educational services and practices to address the academic needs of pupils, such as tutoring, summer school, afterschool programs and other extended learning and enrichment programs, in addition to literacy instruction programs, instructional programs and support for at-risk pupils.

 


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address the academic needs of pupils, such as tutoring, summer school, afterschool programs and other extended learning and enrichment programs, in addition to literacy instruction programs, instructional programs and support for at-risk pupils. To qualify for such a grant, a school district or university school for profoundly gifted pupils must describe how the entity has expended or plans to expend its allocation of federal funding from the Elementary and Secondary School Emergency Relief and Governor’s Emergency Education Relief Funds under the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, and the Coronavirus Response and Relief Supplemental Appropriations Act, 2021, Pub. L. No. 116-260, and federal funding from the Elementary and Secondary School Emergency Relief Fund under the American Rescue Plan Act of 2021, Pub. L. No. 117-2, to demonstrate funding gaps in existing literacy and at-risk programming experienced because of the COVID-19 pandemic impacts.

      Sec. 59.5.  The Chief of the Budget Division of the Office of Finance created by NRS 223.400 shall disburse from the money received from the Coronavirus State and Local Fiscal Recovery Funds by the State of Nevada the amount of $15,000,000, in accordance with the provisions of chapter 353 of NRS, to the State Public Charter School Authority to be administered as grants to qualifying charter schools in Nevada to be used to augment programs implemented to address the impacts of learning loss experienced as a result of the COVID-19 pandemic, including, without limitation, evidence-based educational services and practices to address the academic needs of pupils, such as tutoring, summer school, afterschool programs and other extended learning and enrichment programs, in addition to literacy instruction programs, instructional programs and support for at-risk pupils. To qualify for such a grant, a charter school must be a Title I school, as defined in NRS 385A.040, and describe how the charter school has expended or plans to expend its allocation of federal funding from the Elementary and Secondary School Emergency Relief and Governor’s Emergency Education Relief Funds under the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, and the Coronavirus Response and Relief Supplemental Appropriations Act, 2021, Pub. L. No. 116-260, and federal funding from the Elementary and Secondary School Emergency Relief Fund under the American Rescue Plan Act of 2021, Pub. L. No. 117-2, to demonstrate funding gaps in existing literacy and at-risk programming experienced because of the COVID-19 pandemic impacts.

      Sec. 60.  The Commission on School Funding created by NRS 387.1246 shall:

      1.  Investigate sources of revenue to fund public education in this State; and

      2.  On or before November 15, 2022, submit written findings and recommendations to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature.

      Sec. 60.5.  1.  The Legislative Committee on Education shall conduct a study during the 2021-2022 interim concerning the composition of the board of trustees of county school districts in this State, including, without limitation, the manner in which members of the board of trustees of school districts are selected.

 


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ê2021 Statutes of Nevada, Page 1297 (CHAPTER 249, AB 495)ê

 

      2.  On or before February 1, 2023, the Legislative Committee on Education shall submit a report of its findings and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the 82nd Session of the Legislature.

      Sec. 61.  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 March 22, 2021.

      Sec. 62.  The provisions of sections 1 to 44, inclusive, of this act apply to the taxable year, as defined in section 17 of this act, that began on January 1, 2021, and to each subsequent taxable year.

      Sec. 63.  1.  This section and sections 1 to 44, inclusive, 46 to 50, inclusive, 52 to 55, inclusive, and 57 to 62, inclusive, of this act become effective on July 1, 2021.

      2.  Sections 45, 51 and 56 of this act become effective on July 1, 2023.

________

CHAPTER 250, AB 3

Assembly Bill No. 3–Committee on Government Affairs

 

CHAPTER 250

 

[Approved: June 2, 2021]

 

AN ACT relating to land use planning; revising provisions concerning the electronic transmission of certain maps and other documents relating to the approval of divisions of land; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prescribes various requirements relating to the filing, submission and presentation of maps and related documents for purposes of the division of land. (NRS 278.320-278.5695) Existing law authorizes, but does not require, a county recorder to accept electronic documents for recording. (NRS 111.366-111.3697, 247.115) This bill specifically authorizes the filing, submission and presentation of such maps and related documents electronically subject to certain requirements, except in circumstances relating to the recording of such a document if the county recorder does not accept electronic documents for recording.

 

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

      1.  Except as otherwise provided in NRS 247.115, if the provisions of NRS 278.320 to 278.5695, inclusive, require that:

      (a) A document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document if the file containing the document is locked electronically to prevent any changes to the document.

 


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ê2021 Statutes of Nevada, Page 1298 (CHAPTER 250, AB 3)ê

 

      (b) A document be filed, submitted or presented, the requirement is satisfied if the document is filed, submitted or presented electronically and the file containing the document is locked electronically to prevent any changes to the document.

      (c) A document be sealed or stamped, the requirement is satisfied if:

             (1) The document is sealed or stamped electronically using an electronically prepared seal or stamp; and

             (2) Secure encryption methods are in place to prevent the copying, transferring or removing of the seal or stamp, which must comply, without limitation, with any requirements for digital signatures set forth in chapter 720 of NRS and any regulations adopted pursuant thereto and any standards of the county recorder for such electronic documents.

      (d) A document be signed, the requirement is satisfied by the use of a digital signature if the digital signature complies with:

             (1) Any requirements regarding the use of digital signatures prescribed in chapter 720 of NRS and any regulations adopted pursuant thereto; and

             (2) Any standards for the use of digital signatures adopted by the county recorder to whom the document is being submitted.

      (e) A copy of a document to be forwarded, furnished or provided, the requirement is satisfied if the copy is forwarded, furnished or provided electronically.

      2.  Nothing in this section shall be construed to limit the authority of:

      (a) The Secretary of State to adopt regulations regarding digital signatures pursuant to NRS 720.150.

      (b) A governmental agency to prescribe requirements relating to the use of electronic records or electronic signatures pursuant to NRS 719.350.

      (c) The State Board of Professional Engineers and Land Surveyors to prescribe requirements relating to the signing and stamping of documents produced by a professional engineer or land surveyor pursuant to NRS 625.565.

      (d) Any other governmental entity authorized by law to establish requirements or procedures relating to electronic documents or records.

      Sec. 2. NRS 278.010 is hereby amended to read as follows:

      278.010  As used in NRS 278.010 to 278.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0103 to 278.0195, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  This act becomes effective on July 1, 2021.

________

 


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ê2021 Statutes of Nevada, Page 1299ê

 

CHAPTER 251, AB 8

Assembly Bill No. 8–Committee on Judiciary

 

CHAPTER 251

 

[Approved: June 2, 2021]

 

AN ACT relating to gaming; revising certain definitions relating to gaming; requiring additional persons to register with the Nevada Gaming Control Board; revising provisions governing entry fees for contests and tournaments and compensation for online interactive gaming in the calculation of the monthly gaming license fee based on the gross revenue of the license holder; exempting certain officers and employees of the Board from the provisions governing the State Personnel System; authorizing the Nevada Gaming Commission to adopt regulations governing the use of electronic signatures for credit instruments; revising provisions governing certain fees collected upon the conclusion of a gaming operation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines the term “credit instrument” as a writing for certain purposes evidencing a gaming debt owed to a person who holds a nonrestricted license. (NRS 463.01467) Section 1 of this bill revises the definition of credit instrument to mean a record evidencing such a debt. Existing law requires gaming employees to register with the Nevada Gaming Control Board, including operators of certain call centers and information services. (NRS 463.0157, 463.335) Section 2 of this bill expands the persons who are required to register with the Board to include: (1) employees of certain persons registered to operate as cash access and wagering instrument service providers; and (2) certain other persons designated by the Nevada Gaming Commission by regulation.

      Existing law requires a credit instrument to be signed by a patron before a licensee may accept the instrument. (NRS 463.368) Section 5 of this bill authorizes the Commission to promulgate regulations to allow a licensee to accept an electronic signature from a patron on a credit instrument. Existing law defines the term “slot machine wagering voucher” to mean a printed wagering instrument and requires such a voucher to be redeemed by a patron before the expiration date printed thereon under certain circumstances. (NRS 463.369) Section 6 of this bill: (1) replaces the term “slot machine wagering voucher” with the term “wagering voucher”; (2) expands the definition of wagering voucher to include a digital representation of the wagering instrument; and (3) requires a wagering voucher to be redeemed by a patron before the expiration date assigned to the voucher under certain circumstances. Section 8 of this bill makes a conforming change to reflect the replaced term.

      Existing law specifies that elected officers and certain employees in the unclassified and classified service in the Executive Department of the State Government must be paid on a salary basis, are not entitled to overtime compensation and are not subject to disciplinary suspension for less than 1 week. (NRS 284.148) Certain employees of the Board are subject to the same limitations under existing law. (NRS 463.080) Section 4 of this bill eliminates the applicability of such limitations to those employees of the Board, thereby making those employees subject solely to the requirements of the comprehensive plan that the Board is required to establish under existing law governing employment, job classifications and performance standards and the retention and discharge of its employees.

 


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ê2021 Statutes of Nevada, Page 1300 (CHAPTER 251, AB 8)ê

 

      Existing law requires each licensee to pay a monthly license fee to the Commission which consists of a certain percentage of the gross revenue of the licensee. (NRS 463.370) Existing law defines “gross revenue” as the total of certain enumerated gaming incomes minus certain enumerated deductions. (NRS 463.0161) Section 3 of this bill: (1) provides that gross revenue includes cash collected as entry fees for the right to participate in contests and tournaments; (2) removes compensation received for conducting contests and tournaments held in conjunction with interactive gaming from the definition of gross revenue; and (3) revises provisions governing certain deductions from gross revenue.

      Existing law requires each licensee who concludes a gaming operation to pay a fee: (1) on the final tax return of the licensee, based on the outstanding value of collectible credit instruments owed; or (2) monthly based on all compensation received in payment of any credit instrument. (NRS 463.3857) Section 7 of this bill removes the monthly payment option.

 

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 463.01467 is hereby amended to read as follows:

      463.01467  “Credit instrument” means a [writing] record which evidences a gaming debt owed to a person who holds a nonrestricted license at the time the debt is created, and includes any [writing] record taken in consolidation, redemption or payment of a previous credit instrument.

      Sec. 2. NRS 463.0157 is hereby amended to read as follows:

      463.0157  1.  “Gaming employee” means any person connected directly with an operator of a slot route, the operator of a pari-mutuel system, the operator of an inter-casino linked system or a manufacturer, distributor or disseminator, or with the operation of a gaming establishment licensed to conduct any game, 16 or more slot machines, a race book, sports pool or pari-mutuel wagering, including:

      (a) Accounting or internal auditing personnel who are directly involved in any recordkeeping or the examination of records associated with revenue from gaming;

      (b) Boxpersons;

      (c) Cashiers;

      (d) Change personnel;

      (e) Counting room personnel;

      (f) Dealers;

      (g) Employees of a person required by NRS 464.010 to be licensed to operate an off-track pari-mutuel system;

      (h) Employees of a person required by NRS 463.430 to be licensed to disseminate information concerning racing and employees of an affiliate of such a person involved in assisting the person in carrying out the duties of the person in this State;

      (i) Employees of a person required by paragraph (e) of subsection 1 of NRS 463.160 to be registered to operate as a cash access and wagering instrument service provider;

      (j) Employees whose duties are directly involved with the manufacture, repair, sale or distribution of gaming devices, associated equipment when the employer is required by NRS 463.650 to be licensed, cashless wagering systems or interactive gaming systems;

 


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ê2021 Statutes of Nevada, Page 1301 (CHAPTER 251, AB 8)ê

 

      [(j)] (k) Employees of operators of slot routes who have keys for slot machines or who accept and transport revenue from the slot drop;

      [(k)] (l) Employees of operators of inter-casino linked systems or interactive gaming systems whose duties include the operational or supervisory control of the systems or the games that are part of the systems;

      [(l)] (m) Employees of operators of call centers who perform, or who supervise the performance of, the function of receiving and transmitting wagering instructions;

      [(m)] (n) Employees who have access to the Board’s system of records for the purpose of processing the registrations of gaming employees that a licensee is required to perform pursuant to the provisions of this chapter and any regulations adopted pursuant thereto;

      [(n)] (o) Floorpersons;

      [(o)] (p) Hosts or other persons empowered to extend credit or complimentary services;

      [(p)] (q) Keno runners;

      [(q)] (r) Keno writers;

      [(r)] (s) Machine mechanics;

      [(s)] (t) Odds makers and line setters;

      [(t)] (u) Security personnel;

      [(u)] (v) Shift or pit bosses;

      [(v)] (w) Shills;

      [(w)] (x) Supervisors or managers;

      [(x)] (y) Ticket writers;

      [(y)] (z) Employees of a person required by NRS 463.160 to be licensed to operate an information service;

      [(z)] (aa) Employees of a licensee who have local access and provide management, support, security or disaster recovery services for any hardware or software that is regulated pursuant to the provisions of this chapter and any regulations adopted pursuant thereto; [and

      (aa)] (bb) Temporary or contract employees hired by a licensee to perform a function related to gaming [.] ; and

      (cc) Other persons whose duties are similar to the classifications set forth in paragraphs (a) to (bb), inclusive, as the Commission may from time to time designate by regulation.

      2.  “Gaming employee” does not include barbacks or bartenders whose duties do not involve gaming activities, cocktail servers or other persons engaged exclusively in preparing or serving food or beverages.

      3.  As used in this section, “local access” means access to hardware or software from within a licensed gaming establishment, hosting center or elsewhere within this State.

      Sec. 3. NRS 463.0161 is hereby amended to read as follows:

      463.0161  1.  “Gross revenue” means the total of all:

      (a) Cash received as winnings;

      (b) Cash received as entry fees for the right to participate in contests and tournaments;

      (c) Cash received in payment for credit extended by a licensee to a patron for purposes of gaming; and

 


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ê2021 Statutes of Nevada, Page 1302 (CHAPTER 251, AB 8)ê

 

      (d) Compensation received for conducting any game [, or any contest or tournament in conjunction with interactive gaming,] in which the licensee is not party to a wager,

Ê less the total of all cash paid out as losses to patrons, all cash and the cost of any noncash prizes paid out to participants in contests or tournaments not to exceed the total [compensation] cash or cash equivalents received for the right to participate in the contests or tournaments, those amounts paid to fund periodic payments and any other items made deductible as losses by NRS 463.3715.

      2.  The term does not include:

      (a) Counterfeit facsimiles of money, chips, tokens, wagering instruments or wagering credits;

      (b) Coins of other countries which are received in gaming devices;

      (c) Any portion of the face value of any chip, token or other representative of value won by a licensee from a patron for which the licensee can demonstrate that it or its affiliate has not received cash;

      (d) Cash taken in fraudulent acts perpetrated against a licensee for which the licensee is not reimbursed;

      (e) Uncollected baccarat commissions; or

      (f) Cash provided by the licensee to a patron and subsequently won by the licensee, for which the licensee can demonstrate that it or its affiliate has not been reimbursed.

      3.  As used in this section, “baccarat commission” means:

      (a) A fee assessed by a licensee on cash paid out as a loss to a patron at baccarat to modify the odds of the game; or

      (b) A rate or fee charged by a licensee for the right to participate in a baccarat game.

      Sec. 4. NRS 463.080 is hereby amended to read as follows:

      463.080  1.  The Board may:

      (a) Establish, and from time to time alter, such a plan of organization as it may deem expedient.

      (b) Acquire such furnishings, equipment, supplies, stationery, books, motor vehicles and other things as it may deem necessary or desirable in carrying out its functions.

      (c) Incur such other expenses, within the limit of money available to it, as it may deem necessary.

      2.  Except as otherwise provided in this chapter, all costs of administration incurred by the Board must be paid out on claims from the State General Fund in the same manner as other claims against the State are paid.

      3.  The Board shall, within the limits of legislative appropriations or authorizations, employ and fix the salaries of or contract for the services of such professional, technical and operational personnel and consultants as the execution of its duties and the operation of the Board and Commission may require.

      4.  The members of the Board and all the personnel of the Board, except clerical employees , [and employees described in NRS 284.148,] are exempt from the provisions of chapter 284 of NRS. They are entitled to such leaves of absence as the Board prescribes, but such leaves must not be of lesser duration than those provided for other state employees pursuant to chapter 284 of NRS.

 


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ê2021 Statutes of Nevada, Page 1303 (CHAPTER 251, AB 8)ê

 

duration than those provided for other state employees pursuant to chapter 284 of NRS. [Employees described in NRS 284.148 are subject to the limitations specified in that section.]

      5.  Clerical employees of the Board are in the classified service but are exempt from the provisions of chapter 284 of NRS for purposes of removal. They are entitled to receive an annual salary which must be fixed in accordance with the pay plan adopted under the provisions of that chapter.

      6.  The Board shall establish, and modify as necessary, a comprehensive plan governing employment, job classifications and performance standards, and retention or discharge of employees to assure that termination or other adverse action is not taken against such employees except for cause. The plan must include provisions for hearings in personnel matters and for review of adverse actions taken in those matters.

      Sec. 5. NRS 463.368 is hereby amended to read as follows:

      463.368  1.  A credit instrument accepted on or after June 1, 1983, and the debt that the credit instrument represents are valid and may be enforced by legal process.

      2.  A licensee or a person acting on behalf of a licensee may accept an incomplete credit instrument which:

      (a) Is signed by a patron; and

      (b) States the amount of the debt in figures,

Ê and may complete the instrument as is necessary for the instrument to be presented for payment.

      3.  A licensee or person acting on behalf of a licensee:

      (a) May accept a credit instrument that is payable to an affiliated company or may complete a credit instrument in the name of an affiliated company as payee if the credit instrument otherwise complies with this subsection and the records of the affiliated company pertaining to the credit instrument are made available to agents of the Board upon request.

      (b) May accept a credit instrument either before, at the time or after the patron incurs the debt. The credit instrument and the debt that the credit instrument represents are enforceable without regard to whether the credit instrument was accepted before, at the time or after the debt is incurred.

      4.  This section does not prohibit the establishment of an account by a deposit of cash, recognized traveler’s check, or any other instrument which is equivalent to cash.

      5.  If a credit instrument is lost or destroyed, the debt represented by the credit instrument may be enforced if the licensee or person if acting on behalf of the licensee can prove the existence of the credit instrument.

      6.  A patron’s claim of having a mental or behavioral disorder involving gambling:

      (a) Is not a defense in any action by a licensee or a person acting on behalf of a licensee to enforce a credit instrument or the debt that the credit instrument represents.

      (b) Is not a valid counterclaim to such an action.

      7.  Any person who violates the provisions of this section is subject only to the penalties provided in NRS 463.310 to 463.318, inclusive. The failure of a person to comply with the provisions of this section or the regulations of the Commission does not invalidate a credit instrument or affect the ability to enforce the credit instrument or the debt that the credit instrument represents.

 


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ê2021 Statutes of Nevada, Page 1304 (CHAPTER 251, AB 8)ê

 

      8.  The Commission may adopt regulations prescribing the conditions under which a credit instrument may be redeemed or presented to a bank or credit union for collection or payment.

      9.  The Commission may adopt regulations:

      (a) Allowing a licensee to accept an electronic signature from a patron on a credit instrument; and

      (b) Prescribing the conditions for the validity of such an electronic signature.

      Sec. 6. NRS 463.369 is hereby amended to read as follows:

      463.369  1.  Whenever a nonrestricted licensee owes a patron a specific amount of money as the result of a [slot machine] wagering voucher which remains unpaid because of the failure of the patron to claim the value, regardless of whether the identity of the patron is known, the nonrestricted licensee shall maintain a record of the obligation in accordance with the regulations adopted by the Commission.

      2.  Unless the Commission specifies by regulation a shorter period in which a [slot machine] wagering voucher must be redeemed, upon the expiration date [printed on] assigned to a [slot machine] wagering voucher issued in this State or 180 days after a wager is placed, whichever period is less, the obligation of the nonrestricted licensee to pay the patron any value remaining on a [slot machine] wagering voucher expires.

      3.  Each nonrestricted licensee shall, for the previous calendar quarter, report to the Commission on or before the 15th day of the month following that calendar quarter any [slot machine] wagering voucher that expires pursuant to this section. The licensee shall remit to the Commission with each report payment equal to 75 percent of the value of the expired [slot machine] wagering vouchers included on the report.

      4.  The Commission shall pay over all money collected pursuant to this section to the State Treasurer to be deposited for credit to the State General Fund.

      5.  The Commission shall adopt regulations prescribing procedures which nonrestricted licensees must follow to comply with the provisions of this section.

      6.  As used in this section, [“slot machine wagering] “wagering voucher” means a printed wagering instrument, or digital representation thereof, issued by a gaming establishment operating under a nonrestricted license, that has a fixed dollar wagering value which can only be used to acquire an equivalent value of cashable credits or cash.

      Sec. 7. NRS 463.3857 is hereby amended to read as follows:

      463.3857  1.  Except as otherwise provided in NRS 463.386, the Commission shall charge and collect from each licensee who concludes a gaming operation [:

      (a) A] a fee, to be included on the final tax return at the close of operations and derived from application of the rates and monetary limits set forth in NRS 463.370, based on the total outstanding value of collectible credit instruments received as a result of that gaming operation which are held by the licensee and remain unpaid on the last tax day . [; or

      (b) A monthly fee on all cash or other compensation received by the licensee or any affiliate of the licensee in payment of any credit instrument received as a result of that gaming operation which is held by the licensee or any affiliate of the licensee and remains unpaid on the last tax day.

 


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ê2021 Statutes of Nevada, Page 1305 (CHAPTER 251, AB 8)ê

 

      2.  The monthly fee must be:

      (a) Calculated by applying to the amount of cash or other compensation received in payment of a credit instrument during the month a rate derived from the application of the rates and monetary limits set forth in NRS 463.370 to the licensee’s experience in receiving payment of credit instruments before concluding gaming operations; and

      (b) Collected and refunded pursuant to the regulations adopted by the Commission.

      3.  To secure payment of the monthly fee, the licensee must make a cash deposit or post and maintain a surety bond or other acceptable form of security with the Commission in an amount determined by applying the rate derived pursuant to paragraph (a) of subsection 2 to the value of all collectible credit instruments.

      4.] 2.  As used in this section:

      (a) “Last tax day” means the last day for which a licensee is legally obligated to pay the fees imposed pursuant to NRS 463.370.

      (b) “Value of collectible credit instruments” means the amount of cash or other compensation the licensee may reasonably expect to receive in payment of unpaid credit instruments after conclusion of the licensee’s gaming operation, taking into account all relevant factors.

      Sec. 8. NRS 120A.135 is hereby amended to read as follows:

      120A.135  1.  The provisions of this chapter do not apply to:

      (a) Gaming chips or tokens which are not redeemed at an establishment.

      (b) Intersection improvement project proceeds.

      2.  As used in this section:

      (a) “Establishment” has the meaning ascribed to it in NRS 463.0148.

      (b) “Gaming chip or token” means any object which may be redeemed at an establishment for cash or any other representative of value other than a [slot machine] wagering voucher as defined in NRS 463.369.

      (c) “Intersection improvement project” means construction or improvements relating to intersections, including, without limitation, the construction, installation or upgrade of traffic control devices, turn lanes and appurtenances.

      (d) “Intersection improvement project proceeds” means amounts held by this State or an agency or political subdivision of this State that were paid to the State or the agency or political subdivision for the purpose of providing security for, or to fund the construction of, an intersection improvement project.

      Sec. 9.  This act becomes effective on July 1, 2021.

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ê2021 Statutes of Nevada, Page 1306ê

 

CHAPTER 252, AB 32

Assembly Bill No. 32–Committee on Judiciary

 

CHAPTER 252

 

[Approved: June 2, 2021]

 

AN ACT relating to motor vehicles; revising provisions relating to the towing or immobilization of a motor vehicle; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law: (1) authorizes the owner of a towed or immobilized vehicle to file a civil action in justice court to determine whether the towing or immobilization of the vehicle was unlawful; and (2) requires the justice court to hold a hearing within 4 working days after such a civil action is filed, to determine whether the towing or immobilization was lawful or unlawful and to enter a corresponding order regarding payment of costs and release of the vehicle. (NRS 4.370, 487.039)

      This bill creates a new process for filing a complaint for expedited relief in justice court. This bill: (1) requires such a complaint to be filed within 21 calendar days after the towing or immobilization of a vehicle; (2) requires that a hearing on the complaint be held within 7 calendar days after the filing of the complaint; (3) requires the court to determine whether the towing or immobilization was lawful or unlawful and to enter an order declaring liability for certain costs; and (4) if the court determines that the towing or immobilization was unlawful, requires the person or entity who has stored or immobilized the vehicle, as applicable, to release the vehicle to the owner or remove the boot, clamp or device from the vehicle immediately upon presentation of a certified copy of the order by the owner of the vehicle.

      Existing law requires the operator of any facility or location where vehicles which are towed are stored to display at the facility or location a conspicuous sign which sets forth the provisions of existing law for determining the lawfulness of a towing or immobilization. (NRS 487.039) This bill requires that the sign also include information concerning the availability of certain legal assistance.

 

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 487.039 is hereby amended to read as follows:

      487.039  1.  [If a] In addition to the remedy provided pursuant to paragraph (b) of subsection 1 of NRS 4.370 for civil damages, the owner of a vehicle may file a complaint for expedited relief based upon the unlawful towing or immobilization of the vehicle in the justice court of the township where the property from which the vehicle was towed or on which the vehicle was immobilized is located if:

      (a) The vehicle is towed pursuant to NRS 487.037 or 487.038 or immobilized pursuant to NRS 487.0385 [and the] ;

 


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ê2021 Statutes of Nevada, Page 1307 (CHAPTER 252, AB 32)ê

 

      (b) The owner of the vehicle believes that the vehicle was unlawfully towed or immobilized [, the owner of the vehicle may file a civil action pursuant to paragraph (b) of subsection 1 of NRS 4.370 in the justice court of the township where the property from which the vehicle was towed or on which the vehicle was immobilized is located, on a form provided by the court, to determine whether the towing or immobilizing of the vehicle was lawful.

      2.  An action relating to] ;

      (c) For a vehicle that was towed , [may be filed pursuant to this section only if] the cost of towing and storing the vehicle does not exceed $15,000 [.] ; and

      (d) The vehicle is being stored or is still currently immobilized as a result of the towing or immobilization.

      2.  Such a complaint:

      (a) Must be filed within 21 calendar days after the towing or immobilization of the vehicle; and

      (b) Must be filed against:

             (1) The owner or person in lawful possession of the real property or the authorized agent of the owner of the real property who authorized the tow of the vehicle and the tow company which towed the vehicle;

             (2) The operator of an off-street parking facility who authorized the tow of the vehicle and the tow company which towed the vehicle; or

             (3) The owner or person in lawful possession of a multilevel parking garage or other parking structure who authorized the immobilization of the vehicle.

      3.  A complaint filed pursuant to subsection 1 that does not meet the criteria in subsections 1 and 2 may be dismissed by the court, without prejudice. Such dismissal does not affect the right of the owner of the vehicle to pursue civil damages.

      4.  Upon the filing of a [civil action] complaint pursuant to subsection 1, the court shall schedule a date for a hearing. The hearing must be held not later than [4 working] 7 calendar days after the [action] complaint is filed. The court shall affix the date of the hearing to the form and order a copy served by the sheriff, the constable or [other] a process server licensed pursuant to chapter 648 of NRS upon the [owner or person in lawful possession of the property who authorized the towing or immobilization of the vehicle.

      4.] person identified in subparagraph (1), (2) or (3) of paragraph (b) of subsection 2.

      5.  The court shall [, if it determines that] determine whether the vehicle was [:] lawfully or unlawfully towed or immobilized and:

      (a) [Lawfully] If the court determines the vehicle was lawfully towed, enter an order declaring the owner of the vehicle [to pay] liable for the cost of towing and storing the vehicle and order the person who is storing the vehicle to release the vehicle to the owner upon payment of that cost . [;]

      (b) [Unlawfully] If the court determines the vehicle was unlawfully towed, enter an order declaring the owner or person in lawful possession of the property or the authorized agent of the owner of the property who authorized the towing [to pay] liable for the cost of towing and storing the vehicle [,] and order the person who is storing the vehicle to release the vehicle to the owner immediately .

 


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ê2021 Statutes of Nevada, Page 1308 (CHAPTER 252, AB 32)ê

 

authorized the towing [to pay] liable for the cost of towing and storing the vehicle [,] and order the person who is storing the vehicle to release the vehicle to the owner immediately . [and determine the actual cost incurred in towing and storing the vehicle;]

      (c) [Lawfully] If the court determines the vehicle was lawfully immobilized, enter an order declaring the owner of the vehicle [to pay] liable for the cost of removing from the vehicle the boot, wheel clamp or other mechanical device used to immobilize the vehicle and order the person who immobilized the vehicle to remove the boot, clamp or device upon payment of that cost . [; or]

      (d) [Unlawfully] If the court determines the vehicle was unlawfully immobilized, enter an order declaring the owner or person in lawful possession of the property who authorized the immobilizing [to pay] liable for the cost of removing the boot, clamp or device and order the person who immobilized the vehicle to remove the boot, clamp or device from the vehicle immediately.

      [5.] 6.  Upon presentation of a certified copy of an order entered pursuant to paragraph (b) or (d) of subsection 5 by the owner of a vehicle, the person storing the vehicle or the person who immobilized the vehicle, as applicable, shall release the vehicle to the owner immediately or remove the boot, clamp or device from the vehicle immediately.

      7.  The operator of any facility or other location where vehicles which are towed are stored shall display conspicuously at that facility or location a sign which sets forth [the] :

      (a) The provisions of this section [.] ; and

      (b) A statement regarding the availability of assistance from a program for legal aid, self-help center operated or overseen by a court or other similar program in the city or county in which the facility or other location is located.

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ê2021 Statutes of Nevada, Page 1309ê

 

CHAPTER 253, AB 42

Assembly Bill No. 42–Committee on Judiciary

 

CHAPTER 253

 

[Approved: June 2, 2021]

 

AN ACT relating to crimes; requiring certain batteries which constitute domestic violence to be charged with certain felonies and gross misdemeanors; expanding the courts that are required to conduct a jury trial under certain circumstances; revising various provisions relating to jury trials; authorizing the use of sound recording equipment under certain circumstances; making various changes regarding the jurisdiction of municipal courts; revising provisions governing the selection of jurors; establishing a right to a jury trial under certain circumstances; prohibiting a person convicted of a battery which constitutes domestic violence or the same or similar conduct in another jurisdiction from owning or having in his or her possession or under his or her custody or control any firearm; revising the circumstances under which a prosecuting attorney is authorized to dismiss a charge of battery which constitutes domestic violence; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      In 1983, the Nevada Supreme Court held that NRS 175.011 does not establish a statutory right to a trial by jury upon demand in every case because: (1) the statute does not expressly state the Legislature’s intent to grant a substantive right to trial by jury, but rather it is only intended to establish procedural requirements; and (2) there is no constitutional right to a jury trial for “petty” offenses. (State v. Smith, 99 Nev. 806, 808-810 (1983)) The United States Supreme Court later ruled that an offense with a maximum period of incarceration of 6 months or less is presumptively petty and to overcome that presumption a defendant must prove that any additional statutory penalties, together with the maximum period of incarceration, are so severe that they clearly reflect that the offense is serious and thus triggers a right to a jury trial pursuant to the Sixth Amendment to the United States Constitution and Section 3 of Article 1 of the Nevada Constitution. (Blanton v. City of N. Las Vegas, 489 U.S. 538, 543 (1989)) In 2019, the Nevada Supreme Court held that a battery which constitutes domestic violence that is punishable as a misdemeanor pursuant to NRS 200.485 is a serious offense, if it imposes a limitation on the possession of a firearm, thereby triggering a constitutional right to a jury trial. The Court reasoned that Legislature elevated the seriousness of the offense when it amended NRS 202.360 in 2015, thereby limiting a person’s constitutional right to bear arms by prohibiting the possession or control of any firearm by a person who has been convicted in this State or any other state of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921(a)(33). (Andersen v. Eighth Jud. Dist. Ct., 135 Nev. 321, 323-324 (2019))

      Under existing law, a person convicted of a battery which constitutes domestic violence for the first offense within 7 years is guilty of a misdemeanor and shall be punished by: (1) imprisonment in a city or county jail or detention center for not less than 2 days, but not more than 6 months; (2) community service; and (3) a fine of not less than $200 but not more than $1,000. (NRS 200.485) Section 12 of this bill establishes a statutory right to a jury trial for a person charged with a battery which constitutes domestic violence that is punishable as a misdemeanor and may prohibit the person from owning, possessing or having under his or her control or custody any firearm. Section 12 also requires the provision of a jury trial regardless of whether the person has previously been prohibited from owning, possessing or having under his or her control or custody any firearm.

 


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ê2021 Statutes of Nevada, Page 1310 (CHAPTER 253, AB 42)ê

 

      Existing law requires certain misdemeanors which would otherwise be under the jurisdiction of a municipal court to be charged in the same criminal complaint with related felonies and gross misdemeanors in the district court. (NRS 173.115) Section 1 of this bill additionally requires a battery which constitutes domestic violence that is punishable as a misdemeanor to be charged in the same indictment or information in district court if the battery arises out of the same act as a felony or gross misdemeanor.

      Existing law requires that certain cases in a district court must be tried by a jury unless the defendant waives such a trial in writing with the approval of the court and the consent of the State. (NRS 175.011) Section 2 of this bill: (1) expands the courts in which such cases must be tried by a jury, which would necessarily include a justice court and municipal court for certain cases required to be so tried by the United States Constitution, the Nevada Constitution or statute; and (2) accordingly revises the person to whom consent must be given.

      Existing law requires the trial of a criminal action conducted in: (1) district court to be tried by a jury of 12 jurors unless before verdict the parties stipulate in writing with the approval of the court that the jury consist of any number less than 12 but not less than 6; and (2) justice court to be tried by a jury of 6 jurors. (NRS 175.021) Section 3 of this bill requires that all criminal actions, whether in district court, justice court or municipal court, must be tried by a jury of 12 jurors unless before jury selection the parties stipulate in writing with the approval of the court that the jury consist of any number less than 12 but not less than 6.

      Existing law directs, in relation to the procedures for conducting jury trials, the State, as prosecutor, to perform certain duties. (NRS 175.051, 175.141) Sections 4 and 5 of this bill revise the persons required to perform such duties to include any prosecuting attorney, which may include the city attorney for jury trials conducted in a municipal court. Existing law also directs, in relation to the procedures for conducting jury trials, the sheriff of each county to perform certain duties. (NRS 6.090, 175.421) Sections 6 and 10 of this bill revise the persons required to perform such duties to include the chief of police or chief marshal, as applicable.

      Existing law requires proceedings in justice court to be recorded by the use of sound recording equipment under certain circumstances. (NRS 4.390) Existing law also specifies that certain courts are courts of record, including the municipal courts in any case in which a jury trial is required or if designated as courts of record. (NRS 1.020) Section 7 of this bill authorizes a municipal court to record any proceeding before a jury by the use of sound recording equipment, if the municipal court has been designated as a court of record.

      Existing law sets forth the powers and jurisdiction of municipal courts and limits such municipal courts in cities incorporated by general law to proceedings and trials that are summary and without a jury. (NRS 5.050, 266.550) Section 8 of this bill allows municipal courts to conduct jury trials: (1) for a matter within the jurisdiction of the court; and (2) where such a trial is required pursuant to the United States Constitution, the Nevada Constitution or statute. Section 14 of this bill allows for jury trials under such circumstances in municipal courts within cities incorporated by general law. Section 15 of this bill similarly allows for jury trials under such circumstances in municipal courts within all incorporated cities, including those cities created pursuant to the enactment of a city charter.

      Existing law authorizes a district court to assign a jury commissioner to select trial jurors. Existing law also requires a jury commissioner so assigned to select trial jurors from qualified electors of the county not exempt from jury duty, whether registered as voters or not. (NRS 6.045) Section 9 of this bill: (1) extends the courts authorized to assign a jury commissioner to include justice courts and municipal courts, which are located in a city whose population is 220,000 or more; and (2) allows a court to contract with another court for the services provided by a jury commissioner. Section 16 of this bill makes a conforming change related to the selection of jurors in a city.

 


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ê2021 Statutes of Nevada, Page 1311 (CHAPTER 253, AB 42)ê

 

      Existing law sets forth certain fees for attendance and travel allowances for jurors summoned or serving on a jury in a district court or justice court. (NRS 6.150) Section 11 of this bill extends such fees and allowances for jurors summoned to or serving on a jury in a municipal court.

      Existing law provides that in a county whose population is 700,000 or more (currently Clark County), a justice of the peace must summon a sufficient number of jurors to form a jury from the qualified electors of the county. In all other counties, a justice of the peace may summon jurors from the city, precinct or township. (NRS 67.010) Section 11.7 of this bill provides that in all counties, jurors must be summoned from the qualified electors of the county. Section 11.3 of this bill makes a conforming change to reflect the change made in section 11.7.

      If a person is charged with committing a battery which constitutes domestic violence, existing law prohibits a prosecuting attorney from dismissing the charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge, or for any other reason, unless the charge is not supported by probable cause or cannot be proved at the time of trial. (NRS 200.485) Section 12 removes the prohibition, thereby authorizing a prosecuting attorney to dismiss a charge of battery which constitutes domestic violence under such circumstances.

      Existing law prohibits certain persons from owning or having in their possession or under their custody or control any firearm, including a person who has been convicted in this State or any other state of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921(a)(33). A person who violates such a provision is guilty of a category B felony. (NRS 202.360) Section 13 of this bill revises the list of persons so prohibited to include a person who has been convicted of the crime of battery which constitutes domestic violence pursuant to NRS 200.485, or the same or substantially similar conduct in another jurisdiction, committed against or upon certain persons, instead of a person who has been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921(a)(33).

 

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 173.115 is hereby amended to read as follows:

      173.115  1.  Two or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies or gross misdemeanors or both, are:

      (a) Based on the same act or transaction; or

      (b) Based on two or more acts or transactions connected together or constituting parts of a common scheme or plan.

      2.  Except as otherwise provided in subsection 3 [, a] :

      (a) A misdemeanor which was committed within the boundaries of a city and which would otherwise be within the jurisdiction of the municipal court must be charged in the same criminal complaint as a felony or gross misdemeanor or both if the misdemeanor is based on the same act or transaction as the felony or gross misdemeanor. A charge of a misdemeanor which meets the requirements of this subsection and which is erroneously included in a criminal complaint that is filed in the municipal court shall be deemed to be void ab initio and must be stricken.

      (b) A battery which constitutes domestic violence that is punishable as a misdemeanor pursuant to NRS 200.485 must be charged in the same indictment or information in district court as a felony or gross misdemeanor or both if the battery is based on the same act or transaction as the felony or gross misdemeanor.

 


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ê2021 Statutes of Nevada, Page 1312 (CHAPTER 253, AB 42)ê

 

      3.  The provisions of subsection 2 do not apply:

      (a) To a misdemeanor based solely upon an alleged violation of a municipal ordinance.

      (b) If an indictment is brought or an information is filed in the district court for a felony or gross misdemeanor or both after the convening of a grand jury.

      Sec. 2. NRS 175.011 is hereby amended to read as follows:

      175.011  1.  [In a district court, cases] Cases required to be tried by jury must be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the [State.] prosecuting attorney. A defendant who pleads not guilty to the charge of a capital offense must be tried by jury.

      2.  [In] Except as otherwise provided in subsection 1, in a justice court, a case must be tried by jury only if the defendant so demands in writing not less than 30 days before trial. Except as otherwise provided in NRS 4.390 and 4.400, if a case is tried by jury, a reporter must be present who is a certified court reporter and shall report the trial.

      Sec. 3. NRS 175.021 is hereby amended to read as follows:

      175.021  1.  Trial juries for criminal actions are formed in the same manner as trial juries in civil actions.

      2.  [Except as provided in subsection 3, juries] Juries must consist of 12 jurors, but at any time before [verdict,] jury selection, the parties may stipulate in writing with the approval of the court that the jury consist of any number less than 12 but not less than six.

      [3.  Juries must consist of six jurors for the trial of a criminal action in a Justice Court.]

      Sec. 4. NRS 175.051 is hereby amended to read as follows:

      175.051  1.  If the offense charged is punishable by death or by imprisonment for life, each side is entitled to eight peremptory challenges.

      2.  If the offense charged is punishable by imprisonment for any other term or by fine or by both fine and imprisonment, each side is entitled to four peremptory challenges.

      3.  The [State] prosecuting attorney and the defendant shall exercise their challenges alternately, in that order. Any challenge not exercised in its proper order is waived.

      Sec. 5. NRS 175.141 is hereby amended to read as follows:

      175.141  The jury having been impaneled and sworn, the trial shall proceed in the following order:

      1.  If the indictment or information be for a felony, the clerk must read it and state the plea of the defendant to the jury. In all other cases this formality may be dispensed with.

      2.  The [district attorney, or other counsel for the State,] prosecuting attorney must open the cause. The defendant or the defendant’s counsel may then either make the defendant’s opening statement or reserve it to be made immediately prior to the presentation of evidence in the defendant’s behalf.

      3.  The [State] prosecuting attorney must then offer its evidence in support of the charge, and the defendant may then offer evidence in his or her defense.

      4.  The parties may then respectively offer rebutting testimony only, unless the court, for good reasons, in furtherance of justice, permits them to offer evidence upon their original cause.

 


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      5.  When the evidence is concluded, unless the case is submitted to the jury on either side, or on both sides, without argument, the [district attorney, or other counsel for the State,] prosecuting attorney must open and must conclude the argument.

      Sec. 6. NRS 175.421 is hereby amended to read as follows:

      175.421  A room [shall] must be provided by the sheriff of each county , chief of police of each city or chief marshal, as applicable, for the use of the jury upon their retirement for deliberation, with suitable furniture, fuel, lights and stationery, unless such necessaries have been already furnished by the county [.] or city. The court may order the sheriff , chief of police or chief marshal to do so, and the expenses incurred by the sheriff , chief of police or chief marshal in carrying the order into effect, when certified by the court, [shall be] are a county or city charge.

      Sec. 7. Chapter 5 of NRS is hereby amended by adding thereto a new section to read as follows:

      If a municipal court has been designated as a court of record pursuant to NRS 5.010, any proceeding before a jury in the municipal court may be recorded by using sound recording equipment.

      Sec. 8. NRS 5.050 is hereby amended to read as follows:

      5.050  1.  Municipal courts have jurisdiction of civil actions or proceedings:

      (a) For the violation of any ordinance of their respective cities.

      (b) To prevent or abate a nuisance within the limits of their respective cities.

      2.  Except as otherwise provided in subsection 2 of NRS 173.115, the municipal courts have jurisdiction of all misdemeanors committed in violation of the ordinances of their respective cities. Upon approval of the district court, a municipal court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250 or, if the municipal court has not established a program pursuant to NRS 176A.280, to a program established pursuant to that section.

      3.  The municipal courts have jurisdiction of:

      (a) Any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed $2,500.

      (b) Actions to foreclose liens in the name of the city for the nonpayment of those taxes or assessments when the principal sum claimed does not exceed $2,500.

      (c) Actions for the breach of any bond given by any officer or person to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all bonds given on appeals from the municipal court in any of the cases named in this section, when the principal sum claimed does not exceed $2,500.

      (d) Actions for the recovery of personal property belonging to the city, when the value thereof does not exceed $2,500.

      (e) Actions by the city for the collection of any damages, debts or other obligations when the amount claimed, exclusive of costs or attorney’s fees, or both if allowed, does not exceed $2,500.

      (f) Actions seeking an order pursuant to NRS 441A.195.

      4.  Nothing contained in subsection 3 gives the municipal court jurisdiction to determine any such cause when it appears from the pleadings that the validity of any tax, assessment or levy, or title to real property, is necessarily an issue in the cause, in which case the court shall certify the cause to the district court in like manner and with the same effect as provided by law for certification of causes by justice courts.

 


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that the validity of any tax, assessment or levy, or title to real property, is necessarily an issue in the cause, in which case the court shall certify the cause to the district court in like manner and with the same effect as provided by law for certification of causes by justice courts.

      5.  The municipal courts may hold a jury trial for any matter:

      (a) Within the jurisdiction of the municipal court; and

      (b) Required by the United States Constitution, the Nevada Constitution or statute.

      Sec. 9. NRS 6.045 is hereby amended to read as follows:

      6.045  1.  [The district] A court may by rule of court designate the clerk of the court, one of the clerk’s deputies or another person as a jury commissioner and may assign to the jury commissioner such administrative duties in connection with trial juries and jurors as the court finds desirable for efficient administration.

      2.  If a jury commissioner is so selected, the jury commissioner shall from time to time estimate the number of trial jurors which will be required for attendance on the [district] designated court and shall select that number from the qualified electors of [the] :

      (a) The county ; or

      (b) The city whose population is 220,000 or more, for a municipal court,

Ê not exempt by law from jury duty, whether registered as voters or not. The jurors may be selected by computer whenever procedures to assure random selection from computerized lists are established by the jury commissioner.

      3.  The jury commissioner shall, for the purpose of selecting trial jurors, compile and maintain a list of qualified electors from information provided by:

      (a) A list of persons who are registered to vote in the county;

      (b) The Department of Motor Vehicles pursuant to NRS 482.171 and 483.225;

      (c) The Employment Security Division of the Department of Employment, Training and Rehabilitation pursuant to NRS 612.265; and

      (d) A public utility pursuant to NRS 704.206.

      4.  In compiling and maintaining the list of qualified electors, the jury commissioner shall avoid duplication of names.

      5.  The jury commissioner shall:

      (a) Keep a record of the name, occupation, address and race of each trial juror selected pursuant to subsection 2;

      (b) Keep a record of the name, occupation, address and race of each trial juror who appears for jury service; and

      (c) Prepare and submit a report to the Court Administrator which must:

             (1) Include statistics from the records required to be maintained by the jury commissioner pursuant to this subsection, including, without limitation, the name, occupation, address and race of each trial juror who is selected and of each trial juror who appears for jury service;

             (2) Be submitted at least once a year; and

             (3) Be submitted in the time and manner prescribed by the Court Administrator.

      6.  The jury commissioner shall not select the name of any person whose name was selected the previous year, and who actually served on the jury by attending in court in response to the venire from day to day until excused from further attendance by order of the court, unless there are not enough other suitable jurors in the county or city to do the required jury duty.

 


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excused from further attendance by order of the court, unless there are not enough other suitable jurors in the county or city to do the required jury duty.

      7.  A court may contract with another court for the purpose of procuring any administrative duties performed by a jury commissioner pursuant to this chapter.

      Sec. 10. NRS 6.090 is hereby amended to read as follows:

      6.090  1.  Whenever trial jurors are selected by a jury commissioner, the [district] judge may direct the jury commissioner to summon and assign to that court the number of qualified jurors the jury commissioner determines to be necessary for the formation of the petit jury. The jurors may be selected by computer whenever procedures to assure random selection from computerized lists have been established by the jury commissioner.

      2.  Every person named in the venire must be served by the sheriff , chief of police or chief marshal, as applicable, personally or by the sheriff [or the] , chief of police, chief marshal or jury commissioner by mailing a summons to the person, commanding the person to attend as a juror at a time and place designated therein. Mileage is allowed only for personal service. The postage must be paid by the sheriff [or the] , chief of police, chief marshal or jury commissioner, as the case may be, and allowed him or her as other claims against the county [.] or city. The sheriff , chief of police or chief marshal shall make return of the venire at least the day before the day named for their appearance, after which the venire is subject to inspection by any officer or attorney of the court.

      Sec. 11. NRS 6.150 is hereby amended to read as follows:

      6.150  1.  Each person summoned to attend as a grand juror or a trial juror in the district court or justice court , or a trial juror in the municipal court, is entitled to a fee of $40 for each day after the second day of jury selection that the person is in attendance in response to the venire or summons, including Sundays and holidays.

      2.  Each grand juror and trial juror in the district court or justice court , or trial juror in the municipal court, actually sworn and serving is entitled to a fee of $40 a day as compensation for each day of service.

      3.  In addition to the fees specified in subsections 1 and 2, a board of county commissioners or governing body of a city may provide that, for each day of such attendance or service, each person is entitled to be paid the per diem allowance and travel expenses provided for state officers and employees generally.

      4.  Each person summoned to attend as a grand juror or a trial juror in the district court or justice court , or a trial juror in the municipal court, and each grand juror and trial juror in the district court or justice court , or trial juror in the municipal court, is entitled to receive 36.5 cents a mile for each mile necessarily and actually traveled if the home of the person summoned or serving as a juror is 30 miles or more from the place of trial.

      5.  If the home of a person summoned or serving as such a juror is 65 miles or more from the place of trial and the selection, inquiry or trial lasts more than 1 day, the person is entitled to receive an allowance for lodging at the rate established for state employees, in addition to his or her daily compensation for attendance or service, for each day on which the person does not return to his or her home.

      6.  In civil cases, any fee, per diem allowance, travel expense or other compensation due each juror engaged in the trial of the cause must be paid each day in advance to the clerk of the court, or the justice of the peace, by the party who has demanded the jury.

 


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the party who has demanded the jury. If the party paying this money is the prevailing party, the money is recoverable as costs from the losing party. If the jury from any cause is discharged in a civil action without finding a verdict and the party who demands the jury subsequently obtains judgment, the money so paid is recoverable as costs from the losing party.

      7.  The money paid by the clerk of the court to jurors for their services in a civil action or proceeding, which the clerk of the court has received from the party demanding the jury, must be deducted from the total amount due them for attendance as such jurors, and any balance is a charge against the county.

      Sec. 11.3. NRS 66.020 is hereby amended to read as follows:

      66.020  1.  The court may, at any time before the trial, on motion, change the place of trial in the following cases:

      (a) When it appears to the satisfaction of the justice before whom the action is pending, by affidavit of either party, that the justice is a material witness for either party.

      (b) When either party makes and files an affidavit that the party believes that he or she cannot have a fair and impartial trial before the justice by reason of the interest, prejudice or bias of the justice.

      (c) When a jury has been demanded, and either party makes and files an affidavit that he or she cannot have a fair and impartial trial on account of the bias or prejudice against him or her of the citizens of [:

             (1) The city, precinct or township, if the jurors are to be summoned pursuant to subsection 1 of NRS 67.010; or

             (2) The] the county . [, if the jurors are to be summoned pursuant to subsection 2 of NRS 67.010.]

      (d) When from any cause the justice is disqualified from acting.

      (e) When the justice is sick or unable to act.

      2.  In lieu of changing the place of trial, the justice before whom the action is pending may for any of the cases mentioned in subsection 1 call another justice of the county to conduct the trial.

      Sec. 11.7. NRS 67.010 is hereby amended to read as follows:

      67.010  1.  The jury must be summoned upon an order of the justice from [, except as otherwise provided in subsection 2,] the qualified electors [,] of the county, whether or not registered as voters, [of the city, precinct or township,] and not from the bystanders.

      2.  [In a county whose population is 700,000 or more, the] The justice may summon to the court [, from the qualified electors of the county, whether or not registered as voters, and not from the bystanders,] the number of qualified jurors which the justice determines is necessary for the formation of a jury.

      Sec. 12. NRS 200.485 is hereby amended to read as follows:

      200.485  1.  Unless a greater penalty is provided pursuant to subsections 2 to 5, inclusive, or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018:

      (a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:

             (1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and

             (2) Perform not less than 48 hours, but not more than 120 hours, of community service.

 


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Ê The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 12 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.

      (b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:

             (1) Imprisonment in the city or county jail or detention facility for not less than 20 days, but not more than 6 months; and

             (2) Perform not less than 100 hours, but not more than 200 hours, of community service.

Ê The person shall be further punished by a fine of not less than $500, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must not be less than 12 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.

      (c) For the third offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.

      2.  Unless a greater penalty is provided pursuant to subsection 3 or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed by strangulation as described in NRS 200.481, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      3.  Unless a greater penalty is provided pursuant to NRS 200.481, a person who has been previously convicted of:

      (a) A felony that constitutes domestic violence pursuant to NRS 33.018;

      (b) A battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed with the use of a deadly weapon as described in NRS 200.481; or

      (c) A violation of the law of any other jurisdiction that prohibits the same or similar conduct set forth in paragraph (a) or (b),

Ê and who commits a battery which constitutes domestic violence pursuant to NRS 33.018 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000, but not more than $5,000.

      4.  Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed against a victim who was pregnant at the time of the battery and the person knew or should have known that the victim was pregnant:

      (a) For the first offense, is guilty of a gross misdemeanor.

      (b) For the second or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison of a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.

 


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      5.  Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery causes substantial bodily harm, is guilty of a category B felony and shall be punished by imprisonment in the state prison of a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.

      6.  In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:

      (a) For the first offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.

      (b) For the second offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.

Ê If the person resides in this State but the nearest location at which counseling services are available is in another state, the court may allow the person to participate in counseling in the other state in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.

      7.  Except as otherwise provided in this subsection, an offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section:

      (a) When evidenced by a conviction; or

      (b) If the offense is conditionally dismissed pursuant to NRS 176A.290 or dismissed in connection with successful completion of a diversionary program or specialty court program,

Ê without regard to the sequence of the offenses and convictions. An offense which is listed in paragraph (a), (b) or (c) of subsection 3 that occurred on any date preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

      8.  In addition to any other penalty, the court may require such a person to participate, at his or her expense, in a program of treatment for an alcohol or other substance use disorder that has been certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.

      9.  If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides child welfare services. If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of the convicted person’s ability to pay.

 


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the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of the convicted person’s ability to pay.

      10.  If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018 [, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial. Except as otherwise provided in this subsection, a] that is punishable as a misdemeanor and may prohibit the person from owning, possessing or having under his or her control or custody any firearm pursuant to NRS 202.360, the person is entitled to a trial by jury pursuant to subsection 1 of NRS 175.011, regardless of whether the person was previously prohibited from owning, possessing or having under his or her control or custody any firearm pursuant to NRS 202.360.

      11.  A court :

      (a) Except as otherwise provided in paragraph (b), shall not grant probation to or suspend the sentence of [such] a person [. A court may] described in subsection 10.

      (b) May grant probation to or suspend the sentence of [such] a person [:

      (a)] described in subsection 10:

             (1) As set forth in NRS 4.373 and 5.055; or

      [(b)] (2) To assign the person to a program for the treatment of veterans and members of the military pursuant to NRS 176A.290 if the charge is for a first offense punishable as a misdemeanor.

      [11.]12.  In every judgment of conviction or admonishment of rights issued pursuant to this section, the court shall:

      (a) Inform the person convicted that he or she is prohibited from owning, possessing or having under his or her custody or control any firearm pursuant to NRS 202.360; and

      (b) Order the person convicted to permanently surrender, sell or transfer any firearm that he or she owns or that is in his or her possession or under his or her custody or control in the manner set forth in NRS 202.361.

      [12.]13.  A person who violates any provision included in a judgment of conviction or admonishment of rights issued pursuant to this section concerning the surrender, sale, transfer, ownership, possession, custody or control of a firearm is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000. The court must include in the judgment of conviction or admonishment of rights a statement that a violation of such a provision in the judgment or admonishment is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      [13.]14.  As used in this section:

      (a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      (b) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

 


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      (c) “Offense” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.

      Sec. 13. NRS 202.360 is hereby amended to read as follows:

      202.360  1.  A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:

      (a) Has been convicted [in this State or any other state of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921(a)(33);] of the crime of battery which constitutes domestic violence pursuant to NRS 200.485, or a law of any other jurisdiction that prohibits the same or substantially similar conduct, committed against or upon:

             (1) The spouse or former spouse of the person;

             (2) Any other person with whom the person has had or is having a dating relationship, as defined in NRS 33.018;

             (3) Any other person with whom the person has a child in common;

             (4) The parent of the person; or

             (5) The child of the person or a child for whom the person is the legal guardian.

      (b) Has been convicted of a felony in this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms;

      (c) Has been convicted of a violation of NRS 200.575 or a law of any other state that prohibits the same or substantially similar conduct and the court entered a finding in the judgment of conviction or admonishment of rights pursuant to subsection 7 of NRS 200.575;

      (d) Except as otherwise provided in NRS 33.031, is currently subject to:

             (1) An extended order for protection against domestic violence pursuant to NRS 33.017 to 33.100, inclusive, which includes a statement that the adverse party is prohibited from possessing or having under his or her custody or control any firearm while the order is in effect; or

             (2) An equivalent order in any other state;

      (e) Is a fugitive from justice;

      (f) Is an unlawful user of, or addicted to, any controlled substance; or

      (g) Is otherwise prohibited by federal law from having a firearm in his or her possession or under his or her custody or control.

Ê A person who violates the provisions of this subsection is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      2.  A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:

      (a) Has been adjudicated as mentally ill or has been committed to any mental health facility by a court of this State, any other state or the United States;

      (b) Has entered a plea of guilty but mentally ill in a court of this State, any other state or the United States;

      (c) Has been found guilty but mentally ill in a court of this State, any other state or the United States;

      (d) Has been acquitted by reason of insanity in a court of this State, any other state or the United States; or

      (e) Is illegally or unlawfully in the United States.

 


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Ê A person who violates the provisions of this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      3.  As used in this section:

      (a) “Controlled substance” has the meaning ascribed to it in 21 U.S.C. § 802(6).

      (b) “Firearm” includes any firearm that is loaded or unloaded and operable or inoperable.

      Sec. 14. NRS 266.550 is hereby amended to read as follows:

      266.550  1.  The municipal court shall have such powers and jurisdiction in the city as are now provided by law for justice courts, wherein any person or persons are charged with the breach or violation of the provisions of any ordinance of such city or of this chapter, of a police or municipal nature. [The] Except as otherwise provided in subsection 5 of NRS 5.050, the trial and proceedings in such cases must be summary and without a jury.

      2.  The powers of the municipal court include the power to charge and collect those fees authorized pursuant to NRS 5.073.

      Sec. 15. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

      The municipal court of an incorporated city may conduct a jury trial pursuant to subsection 5 of NRS 5.050.

      Sec. 16. NRS 612.265 is hereby amended to read as follows:

      612.265  1.  Except as otherwise provided in this section and NRS 239.0115, 607.217 and 612.642, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s or employing unit’s identity.

      2.  Any claimant or a legal representative of a claimant is entitled to information from the records of the Division, to the extent necessary for the proper presentation of the claimant’s claim in any proceeding pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the Division for any other purpose.

      3.  The Administrator may, in accordance with a cooperative agreement among all participants in the statewide longitudinal data system developed pursuant to NRS 400.037 and administered pursuant to NRS 223.820, make the information obtained by the Division available to:

      (a) The Board of Regents of the University of Nevada for the purpose of complying with the provisions of subsection 4 of NRS 396.531; and

      (b) The Director of the Department of Employment, Training and Rehabilitation for the purpose of complying with the provisions of paragraph (d) of subsection 1 of NRS 232.920.

      4.  Subject to such restrictions as the Administrator may by regulation prescribe, the information obtained by the Division may be made available to:

      (a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of laws relating to unemployment compensation, public assistance, workers’ compensation or labor and industrial relations, or the maintenance of a system of public employment offices;

      (b) Any state or local agency for the enforcement of child support;

      (c) The Internal Revenue Service of the Department of the Treasury;

 


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      (d) The Department of Taxation;

      (e) The State Contractors’ Board in the performance of its duties to enforce the provisions of chapter 624 of NRS; and

      (f) The Secretary of State to operate the state business portal established pursuant to chapter 75A of NRS for the purposes of verifying that data submitted via the portal has satisfied the necessary requirements established by the Division, and as necessary to maintain the technical integrity and functionality of the state business portal established pursuant to chapter 75A of NRS.

Ê Information obtained in connection with the administration of the Division may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.

      5.  Upon written request made by the State Controller or a public officer of a local government, the Administrator shall furnish from the records of the Division the name, address and place of employment of any person listed in the records of employment of the Division. The request may be made electronically and must set forth the social security number of the person about whom the request is made and contain a statement signed by the proper authority of the State Controller or local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation assigned to the State Controller for collection or owed to the local government, as applicable. Except as otherwise provided in NRS 239.0115, the information obtained by the State Controller or local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation assigned to the State Controller for collection or owed to that local government. The Administrator may charge a reasonable fee for the cost of providing the requested information.

      6.  The Administrator may publish or otherwise provide information on the names of employers, their addresses, their type or class of business or industry, and the approximate number of employees employed by each such employer, if the information released will assist unemployed persons to obtain employment or will be generally useful in developing and diversifying the economic interests of this State. Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this State, the Administrator may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer. The Administrator may charge a fee to cover the actual costs of any administrative expenses relating to the disclosure of this information to a state agency. The Administrator may require the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and prevent its unauthorized disclosure.

      7.  Upon request therefor, the Administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.

      8.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this State may submit a written request to the Administrator that the Administrator furnish, from the records of the Division, the name, address and place of employment of any person listed in the records of employment of the Division.

 


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the Administrator that the Administrator furnish, from the records of the Division, the name, address and place of employment of any person listed in the records of employment of the Division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the Administrator shall furnish the information requested. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      9.  In addition to the provisions of subsection 6, the Administrator shall provide lists containing the names and addresses of employers, and information regarding the wages paid by each employer to the Department of Taxation, upon request, for use in verifying returns for the taxes imposed pursuant to chapters 363A, 363B and 363C of NRS. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      10.  Upon the request of any [district] judge or jury commissioner , [of the judicial district in which the county is located,] the Administrator shall, in accordance with other agreements entered into with other [district] courts and in compliance with 20 C.F.R. Part 603, and any other applicable federal laws and regulations governing the Division, furnish the name, address and date of birth of persons who receive benefits in any county [,] or city for use in the selection of trial jurors pursuant to NRS 6.045. The court or jury commissioner who requests the list of such persons shall reimburse the Division for the reasonable cost of providing the requested information.

      11.  The Division of Industrial Relations of the Department of Business and Industry shall periodically submit to the Administrator, from information in the index of claims established pursuant to NRS 616B.018, a list containing the name of each person who received benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. Upon receipt of that information, the Administrator shall compare the information so provided with the records of the Employment Security Division regarding persons claiming benefits pursuant to this chapter for the same period. The information submitted by the Division of Industrial Relations must be in a form determined by the Administrator and must contain the social security number of each such person. If it appears from the information submitted that a person is simultaneously claiming benefits under this chapter and under chapters 616A to 616D, inclusive, or chapter 617 of NRS, the Administrator shall notify the Attorney General or any other appropriate law enforcement agency.

      12.  The Administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in section 3305(c) of the Internal Revenue Code of 1954.

      13.  The Administrator, any employee or other person acting on behalf of the Administrator, or any employee or other person acting on behalf of an agency or entity allowed to access information obtained from any employing unit or person in the administration of this chapter, or any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter, is guilty of a gross misdemeanor if he or she:

 


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      (a) Uses or permits the use of the list for any political purpose;

      (b) Uses or permits the use of the list for any purpose other than one authorized by the Administrator or by law; or

      (c) Fails to protect and prevent the unauthorized use or dissemination of information derived from the list.

      14.  All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the Division or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

      Sec. 17.  The amendatory provisions of this act apply to any offense:

      1.  Committed on or after January 1, 2022; or

      2.  Committed before January 1, 2022, if the underlying judicial proceedings are pending or otherwise unresolved on January 1, 2022.

      Sec. 18.  This act becomes effective on January 1, 2022.

________

CHAPTER 254, AB 55

Assembly Bill No. 55–Committee on Government Affairs

 

CHAPTER 254

 

[Approved: June 2, 2021]

 

AN ACT relating to the City of North Las Vegas; providing for the creation, membership and duties of a Charter Committee; making certain grammatical and clarifying changes to the Charter of the City of North Las Vegas; revising provisions relating to special and emergency meetings of the City Council; revising the procedure for enacting city ordinances; making various changes to the duties of the City Clerk; revising the powers of the City Council relating to animals; revising provisions relating to the removal of the City Attorney; authorizing the City Manager and City Attorney to take certain legal action for the collection and disposition of certain money; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill: (1) requires the City Council of the City of North Las Vegas to establish a Charter Committee, which is required to prepare recommendations to be presented to the Legislature on behalf of the City concerning all necessary amendments to the Charter; and (2) sets forth requirements for the creation, membership and duties of the Charter Committee.

      Sections 1.5, 2, 5, 7, 9 and 15-21 of this bill make grammatical and clarifying changes to various provisions of the Charter of the City of North Las Vegas.

      The existing Charter of the City of North Las Vegas: (1) authorizes the City Council to hold a special meeting on the call of the Mayor or by a majority of the City Council; and (2) prohibits the City Council from making certain contracts involving the expenditure of money or allowing claims at a special meeting. (North Las Vegas City Charter § 2.050) Section 3 of this bill eliminates this prohibition and authorizes the City Council to also hold an emergency meeting on the call of the Mayor or by a majority of the City Council.

 


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      The existing Charter of the City of North Las Vegas establishes the procedure for enacting an ordinance. (North Las Vegas City Charter § 2.100) Section 4 of this bill provides that if action on an introduced ordinance is postponed the City Council is not required to introduce the ordinance again before taking action on the ordinance at the next meeting of the City Council.

      The existing Charter of the City of North Las Vegas authorizes the City Council to regulate and prevent in all public places: (1) the distribution and exhibition of handbills or signs; (2) any practice tending to annoy persons passing in such public places; and (3) public demonstrations and processions. (North Las Vegas City Charter § 2.200) Section 6 of this bill: (1) provides the City Council may regulate or prevent such behavior to the extent permissible under the Nevada Constitution and the United States Constitution; and (2) removes the provision authorizing the City Council to regulate practices tending to annoy persons. Section 6 also removes existing language authorizing the City Council to prevent riots or acts tending to promote riots.

      The existing Charter of the City of North Las Vegas gives the City Council certain powers related to animals and poultry. (North Las Vegas City Charter § 2.250) Section 8 of this bill removes the reference to poultry and authorizes the City Council to establish an animal shelter rather than a pound.

      The existing Charter of the City of North Las Vegas sets forth the duties of the City Clerk. (North Las Vegas City Charter § 3.040) Section 10 of this bill revises the duties of the City Clerk.

      The existing Charter of the City of North Las Vegas provides that the City Attorney may be removed by a vote of the majority of the entire City Council at any time. (North Las Vegas City Charter § 3.050) Section 11 of this bill specifies that the removal of the City Attorney must also be in accordance with the terms of his or her employment contract.

      The existing Charter of the City of North Las Vegas authorizes the City Council to take certain legal action for the collection and disposition of certain money. (North Las Vegas City Charter § 3.090) Section 12 of this bill authorizes the City Manager and City Attorney to also take such legal action.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. The Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1210, is hereby amended by adding thereto new sections to be designated as sections 1.100, 1.110 and 1.120, respectively, immediately following section 1.090, to read as follows:

       Sec. 1.100  Charter Committee: Appointment; qualifications; compensation; terms; vacancies.

       1.  The City Council shall establish a Charter Committee. The Charter Committee must be appointed as follows:

       (a) The Mayor shall appoint two members;

       (b) The Mayor pro tempore shall appoint two members;

       (c) The remaining members of the City Council shall each appoint one member;

       (d) The members of the Senate delegation representing the residents of the City and belonging to the majority party of the Senate shall appoint two members;

       (e) The members of the Senate delegation representing the residents of the City and belonging to the minority party of the Senate shall appoint one member;

 


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       (f) The members of the Assembly delegation representing the residents of the City and belonging to the majority party of the Assembly shall appoint two members; and

       (g) The members of the Assembly delegation representing the residents of the City and belonging to the minority party of the Assembly shall appoint one member.

       2.  Each member of the Charter Committee:

       (a) Must be a registered voter of the City;

       (b) Must reside in the City during his or her term of office; and

       (c) Serves without compensation.

       3.  The term of office of a member of the Charter Committee is concurrent with the term of the person or persons, as applicable, by whom the member was appointed. If the term of office of any person making an appointment ends by resignation or otherwise, the term of office of a member of the Charter Committee appointed by that person ends on the day that the person resigns or otherwise leaves office.

       4.  If a vacancy occurs on the Charter Committee, the vacancy must be filled in the same manner as the original appointment for the remainder of the unexpired term.

       Sec. 1.110  Charter Committee: Officers; meetings; duties.

       The Charter Committee shall:

       1.  Elect a Chair and Vice Chair from among its members, who each serve for a term of 2 years;

       2.  Meet at least once every 2 years before the beginning of each regular session of the Legislature and when requested by the City Council or the Chair of the Committee; and

       3.  Appear before the City Council on a date to be set after the final biennial meeting of the Charter Committee is conducted pursuant to subsection 2 and before the beginning of the next regular session of the Legislature to advise the City Council with regard to the recommendations of the Charter Committee concerning necessary amendments to this Charter.

       Sec. 1.120  Charter Committee: Removal of member.

       1.  Any member of the Charter Committee may be removed by a majority of the remaining members of the Charter Committee for cause, including, without limitation:

       (a) Failure or refusal to perform the duties of office;

       (b) Absence from three consecutive regular meetings; or

       (c) Ceasing to meet any qualification for appointment to the Charter Committee.

       2.  Any vacancy resulting from the removal of a member pursuant to this section must be filled pursuant to subsection 4 of section 1.100.

      Sec. 1.5.Section 2.020 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended by chapter 723, Statutes of Nevada 1973, at page 1437, is hereby amended to read as follows:

       Sec. 2.020  City Council: Contracts; conflict of interest.

       1.  Members of the City Council may vote on any lease, contract or other agreement which extends beyond their terms of office.

       2.  No member of the City Council, including the Mayor, shall:

 


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ê2021 Statutes of Nevada, Page 1327 (CHAPTER 254, AB 55)ê

 

       (a) Be pecuniarily interested, directly or indirectly, in any contract [let] entered into by the City, or in any transaction wherein the rights or liberties of the City are, or may be involved. This paragraph does not apply to contracts for utilities and other services provided for the public by the City under this Charter and the ordinances thereunder, when the Council Member or Mayor applies for and receives such services in the same manner and pays the same established rates and charges as any member of the public.

       (b) Be interested directly or indirectly in any public work or contract [let,] entered into, supervised or controlled, or which is paid wholly, or in part, by the City. This paragraph does not preclude or discharge a Council Member or the Mayor from paying his or her proportionate share of the cost of any public works when he or she has become obligated in the same manner as any member of the public, nor does it prohibit a Council Member or the Mayor from enjoying the benefits of a work constructed for the benefit of the public in the same manner as any other member of the public.

       (c) Become the surety of any person on any bond or other obligation running to the City.

      Sec. 2. Section 2.035 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1213, is hereby amended to read as follows:

       Sec. 2.035  City Council: Discipline and subpoena power.

       1.  The City Council may order the attendance of witnesses and the production of all [papers] documents and data relating to any business before the City Council.

       2.  If any person ordered to appear before the City Council fails to obey such order:

       (a) The City Council or any member thereof may apply to the clerk of the district court for a subpoena commanding the attendance of the person before the City Council.

       (b) Such clerk may issue the subpoena, and any peace officer may serve it.

       (c) If the person upon whom the subpoena is served fails to obey it, the court may issue an order to show cause why such person should not be held in contempt of court and upon hearing of the matter may adjudge such person guilty of contempt and punish him or her accordingly.

      Sec. 3. Section 2.050 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended by chapter 301, Statutes of Nevada 1979, at page 451, is hereby amended to read as follows:

       Sec. 2.050  Meetings: Special [.] or emergency meetings.

       1.  [Special] In addition to regular meetings, special or emergency meetings of the City Council may be held on call of the Mayor or by a majority of the City Council. Notice of any special meeting must comply with the requirements of NRS 241.020.

       2.  At a special meeting:

       (a) [No contract involving the expenditure of money, except emergency purchases, may be made or claim allowed.

       (b)] No business may be transacted except such as has been stated in the call of the meeting.

       [(c)](b) No ordinance may be passed except an emergency ordinance, or one specified in section 7.040.

 


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ê2021 Statutes of Nevada, Page 1328 (CHAPTER 254, AB 55)ê

 

      Sec. 4. Section 2.100 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 208, Statutes of Nevada 2005, at page 679, is hereby amended to read as follows:

       Sec. 2.100  Ordinances: Enactment procedure; emergency ordinances.

       1.  All proposed ordinances when first [proposed] introduced must be read to the City Council by title, after which an adequate number of copies of the proposed ordinance must be filed with the City Clerk for public distribution. Except as otherwise provided in subsection 3, notice of the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS [, as amended from time to time, and published in the City] at least 10 days before the adoption of the ordinance.

      2.  Not later than the second regular meeting of the City Council following the [proposal] introduction of an ordinance, [it] the proposed ordinance must be read by title as first introduced [,] and any amendment [must] to the proposed ordinance may be proposed . [and voted upon and thereupon the proposed ordinance, with any adopted amendments,] The proposed ordinance, with or without amendment, must be finally voted upon or action thereon postponed. If action on the proposed ordinance is postponed, any amendment may be proposed and the proposed ordinance may be finally voted upon without having to introduce the ordinance again at the next meeting of the City Council.

       3.  Where the ordinance is of a kind specified in section 7.040, by unanimous consent a special or emergency meeting may be called pursuant to section 2.050 for the purpose of taking final action, and by a majority vote of the City Council final action may be taken immediately and no notice of the filing of the copies of the proposed ordinance with the City Clerk need be published. It shall become effective immediately upon passage.

       4.  All ordinances must be signed by the Mayor, attested by the City Clerk and published [in the City,] at least once, by title, together with the names of the Council Members voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS [, as amended from time to time,] before the ordinance, except as otherwise provided in subsection 3, becomes effective. The City Council may, by a majority vote, order the publication of the ordinance in full in lieu of publication by title only.

       5.  The City Clerk shall maintain a record of all ordinances, together with the affidavits of publication by the publisher, until disposed of in accordance with law.

      Sec. 5. Section 2.120 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1215, is hereby amended to read as follows:

       Sec. 2.120  Powers of City Council: Public property, buildings.

       1.  The City Council may:

       (a) Control the property of the [corporation.] City.

       (b) Erect and maintain all buildings necessary for [the] use [of] by the City.

 


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       (c) Purchase, receive, hold, sell, lease, convey and dispose of property, wherever situated, for the benefit of the City, improve and protect such property, and do all other things in relation thereto which natural persons might do.

       2.  The City Council may not, except as otherwise specifically provided by this Charter or any other law, mortgage, hypothecate or pledge any property of the City for any purpose.

      Sec. 6. Section 2.200 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1217, is hereby amended to read as follows:

       Sec. 2.200  Powers of City Council: Rights-of-way, parks, public buildings and grounds and other public places.  The City Council may:

       1.  Lay out, maintain, alter, control, improve or vacate all public rights-of-way in the City.

       2.  Acquire and regulate the use of public parks, buildings, grounds and rights-of-way and prevent the unlawful use thereof.

       3.  Require landowners to keep the adjacent streets, sidewalks and public parks, buildings and grounds free from encroachments or obstructions.

       4.  [Regulate and] To the extent permissible under the Nevada Constitution and the United States Constitution, regulate or prevent in all public places:

       (a) The distribution and exhibition of handbills or signs.

       (b) [Any practice tending to annoy persons passing in such public places.

       (c)] Public demonstrations and processions.

       [5.  Prevent riots or any act tending to promote riots.]

      Sec. 7. Section 2.220 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1217, is hereby amended to read as follows:

       Sec. 2.220  Powers of City Council: Parking meters; off-street public parking facilities.

       1.  The City Council may acquire, install, maintain, operate and regulate parking meters [at the curbs of] on the streets of the City or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters shall be fixed by the City Council.

       2.  Except as otherwise provided by this Charter, the City Council may acquire property within the [city] City by any lawful means, including eminent domain, for the purpose of establishing off-street public parking facilities for vehicles. The City Council may authorize the issuance of general obligation revenue bonds or revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as are permitted by the provisions of section 7.040. The City Council may, in such bonds, pledge the on-street parking revenues, the general credit of the City, or both, to secure the payment of the principal and interest thereon.

 


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      Sec. 8. Section 2.250 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1218, is hereby amended to read as follows:

       Sec. 2.250  Powers of City Council: Animals . [and poultry.]  The City Council may:

       1.  Fix, impose and collect an annual fee on all animals and provide for the capture and disposal of all animals on which the fee is not paid.

       2.  Regulate or prohibit the running at large and disposal of all kinds of animals . [and poultry.]

       3.  Establish [a pound.] an animal shelter.

       4.  Prohibit cruelty to animals.

      Sec. 9. Section 3.020 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended by chapter 301, Statutes of Nevada 1979, at page 452, is hereby amended to read as follows:

       Sec. 3.020  City Manager: Powers and duties.

       1.  The City Manager is the Chief Administrative Officer of the City. He or she is responsible to the City Council for the efficient and proper administration of all City affairs placed in his or her charge by or under this Charter.

       2.  The City Manager shall:

       (a) Except as otherwise provided by law, this Charter, or personnel rules adopted pursuant to this Charter, appoint, and when he or she deems it necessary for the good of the service, discharge or suspend all City employees and appointed administrative officers provided for by this Charter. He or she may authorize any administrative officer who is subject to his or her direction and supervision to exercise the powers enumerated in this paragraph with respect to subordinates in that officer’s department, office or agency.

       (b) Direct and supervise the administration of all departments, offices and agencies of the City, except:

             (1) As otherwise provided by law; and

             (2) For any department, office or agency whose head is not appointed by the City Manager.

       (c) Attend all City Council meetings and have the right to take part in all discussions. The City Manager may not vote.

       (d) Be responsible for the enforcement of all laws, provisions of this Charter and acts of the City Council subject to enforcement by the City Manager or by his or her officers subject to his or her direction and supervision.

       (e) Prepare and submit the annual budget and capital program to the City Council.

       (f) Submit to the City Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year.

       (g) Make such other reports as the City Council may require concerning the operations of City departments, offices and agencies subject to his or her direction and supervision.

       (h) Keep the City Council fully advised as to the financial condition and future needs of the City and make such recommendations to the City Council concerning the affairs as he or she deems desirable.

 


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ê2021 Statutes of Nevada, Page 1331 (CHAPTER 254, AB 55)ê

 

       (i) Perform such other duties as are specified in this Charter or which may be required by the City Council.

      Sec. 10. Section 3.040 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended by chapter 373, Statutes of Nevada 2005, at page 1416, is hereby amended to read as follows:

       Sec. 3.040  City Clerk: Office; duties.

       1.  The City Clerk shall:

       [1.](a) Keep his or her office at the place of meeting of the City Council or some other place convenient thereto, as the City Council may direct.

      [2.](b) Keep the corporate seal and be the custodian of all official papers and records of the City , including, without limitation, contracts, agreements, documents, resolutions, ordinances, minutes and [keep] official city election records.

       (c) Keep a record of the proceedings of, and be the Clerk of the City Council, whose meetings it shall be his or her duty to attend. [Copies of all papers filed in his or her office, and transcripts from all records of the City Council certified by him or her, under the corporate seal, shall be evidence in all courts to the same effect as if the original were produced.

       3.  Supervise and coordinate administrative and responsible clerical work relating to the functions of the City Council.

       4.  Attend all meetings of the City Council.

       5.](d) Record votes of members of the City Council.

       [6.](e) Direct the transcription and keeping of minutes and official records and the making and keeping of audio recordings or transcripts of all City Council meetings.

       [7.](f) Countersign official contracts, bonds and other official City documents.

       [8.  Be the custodian of all official City records, including contract and agreement documents, resolutions, ordinances, official minute book and the corporate seal.

       9.](g) Make arrangements for regular, special or [informal] emergency meetings [other than the regular meetings] of the City Council.

       [10.](h) Supervise the operation and maintenance of [a central file system for all departments] the records management system of the City.

       [11.](i) Supervise [the recruitment of all election workers,] the printing of all ballots [and tally of] for city elections.

       (j) Certify the election returns.

       [12.  Serve as custodian of official election records for all City elections.

       13.](k) Administer official oaths for the City.

       2.  Copies of all papers filed in the office of the City Clerk and transcripts from all records of the City Council certified by him or her, under the corporate seal, shall be evidence in all courts to the same effect as if the original were produced.

 


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      Sec. 11. Section 3.050 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 146, Statutes of Nevada 2001, at page 748, is hereby amended to read as follows:

       Sec. 3.050  City Attorney: Appointment; salary; qualifications; duties; removal; contract in lieu of or in addition to appointment.

       1.  Except as otherwise provided in subsection 6, the City Council shall appoint a City Attorney and fix his or her salary.

       2.  The City Attorney and any attorney with whom the City Council enters into a contract pursuant to subsection 6 must be a licensed member of the State Bar of Nevada.

       3.  The City Attorney is the Chief Legal Officer of the City and shall perform such duties as may be designated by the City Council or prescribed by ordinance.

       4.  The City Attorney is under the general direction and supervision of the City Council.

       5.  The City Attorney serves at the pleasure of the City Council and may be removed at any time in accordance with the terms of the City Attorney’s employment contract by an affirmative vote of a majority of the entire membership of the City Council . [at any time.]

       6.  In lieu of or in addition to appointing a City Attorney pursuant to subsection 1, the City Council may enter into a contract with one or more attorneys employed by or associated with a professional corporation, partnership or limited-liability company that engages in the practice of law in this [state] State to perform all or a portion of the duties of the City Attorney. If the City Council enters into such a contract, the City Council shall ensure that the contract specifies the duties to be performed and the compensation payable for the performance of those duties.

       7.  An attorney with whom the City Council enters into a contract to perform all or a portion of the duties of the City Attorney pursuant to subsection 6 has, for each of the duties specified in the contract, all the powers and duties otherwise conferred upon a City Attorney who is appointed pursuant to subsection 1.

      Sec. 12. Section 3.090 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1222, is hereby amended to read as follows:

       Sec. 3.090  [City officers:] Collection and disposition of moneys.

       1.  All taxes, fines, forfeitures or other moneys collected or recovered by any [officer] employee of the City or other person pursuant to the provisions of this Charter or of any valid ordinance of the City shall be paid by the [officer] employee or person collecting or receiving them to the Director of Finance, who shall dispose of them in accordance with the ordinances, regulations and procedures established by the City Council.

       2.  The City Council , City Manager or City Attorney may by proper legal action:

       (a) Collect all moneys which are due and unpaid to the City or any office thereof; and

       (b) Pay from the General Fund all fees and expenses necessarily incurred by it in connection with the collection of such moneys.

 


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ê2021 Statutes of Nevada, Page 1333 (CHAPTER 254, AB 55)ê

 

       (c) Provide for the imposition of reasonable interest charges on any fees, debts, obligations or assessments owed to the City.

      Secs. 13 and 14. (Deleted by amendment.)

      Sec. 15. Section 7A.010 of the Charter of the City of North Las Vegas, being chapter 584, Statutes of Nevada 1983, as amended by chapter 404, Statutes of Nevada 2005, at page 1595, is hereby amended to read as follows:

       Sec. 7A.010  Legislative declaration.  The Legislature by the inclusion of this article in this Charter declares that:

       1.  All of the property which is to be acquired by the [city] City pursuant to this article must be owned, operated, administered and maintained for and on behalf of all of the people of the City.

       2.  The exercise by the City of the purposes, powers, rights, privileges, immunities and duties which are established, granted, conferred and imposed in this article promotes the public health, safety, prosperity, security, comfort, convenience and general welfare of all of the people of the State and will be of special benefit to the inhabitants of the City and the property within the City.

       3.  The provisions in this article which involve the purposes, powers, rights, privileges, immunities, liabilities, duties and disabilities with respect to the City will serve a public purpose.

       4.  The necessity for this article results from:

       (a) The large population growth in the urban areas which are included within the City and its environs, which constitutes in the aggregate a significant portion of the State’s population;

       (b) The numerous capital improvements and large amount of improved real property which is [situate] situated within the urban areas;

       (c) The need for capital improvements within certain areas within the City to provide needed services, facilities and other improvements for public use;

       (d) The existence of blighted or deteriorating areas within the City which constitutes a serious and growing menace which is condemned as injurious and inimical to the public health, safety and general welfare of the people of the State, and particularly of the City;

       (e) The lack of municipally owned capital improvements and the blighted or deteriorating areas which present difficulties and handicaps beyond remedy and control solely by the regulatory processes in the exercise of the police power; and

       (f) Deficiencies which also constitute an economic and social liability which imposes onerous municipal burdens which decrease the tax base and reduce tax revenues, aggravate traffic hazards and the improvement of the traffic facilities.

       5.  The menace which results from the foregoing factors is becoming increasingly direct and substantial in its significance and effect.

       6.  The benefits which the City will derive from the remedying of these deficiencies by making available additional revenues to defray indirectly the costs of undertakings within the City which are authorized by NRS 268.672 to 268.740, inclusive, the development of mixed-use and transit-oriented communities, and the redevelopment of blighted or deteriorating areas within the City will inure to the inhabitants and the property owners of the City as a whole, will be of general benefit to those people and will be of special benefit to the taxable real property within a tax increment area and to the owners of that property.

 


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ê2021 Statutes of Nevada, Page 1334 (CHAPTER 254, AB 55)ê

 

inhabitants and the property owners of the City as a whole, will be of general benefit to those people and will be of special benefit to the taxable real property within a tax increment area and to the owners of that property.

       7.  The method of paying the bond requirements of the securities which are issued pursuant to this article is equitable and enables the City to issue securities to defray the cost of any project.

       8.  A general law cannot be made applicable to the City or to the properties, powers, rights, privileges, immunities, liabilities, duties and disabilities which pertain to the City, as provided in this article, because of the number of atypical factors and special conditions with respect to them.

       9.  For the accomplishment of the purposes which are provided in this section, each of the provisions of this article must be broadly construed.

      Sec. 16. Section 7A.040 of the Charter of the City of North Las Vegas, being chapter 584, Statutes of Nevada 1983, at page 1852, is hereby amended to read as follows:

       Sec. 7A.040  “Cost of the undertaking” defined.  “Cost of the undertaking,” or any phrase of similar import, means the “cost of any project” as the latter phrase is defined in NRS 350.516.

      Sec. 17. Section 7A.060 of the Charter of the City of North Las Vegas, being chapter 584, Statutes of Nevada 1983, at page 1852, is hereby amended to read as follows:

       Sec. 7A.060  “Facilities” defined.

       1.  “Facilities” means buildings, structures, utilities or other properties which pertain to any undertaking or project which is authorized in this article, including without limitation income-producing facilities and facilities which are acquired with the proceeds of bonds or other securities which are issued under that article.

       2.  The term includes all of the properties, real, personal, mixed or otherwise, which are acquired by the City or the public body, as the case may be, by any undertaking for any one or more projects through purchase, condemnation, construction or otherwise and are used in connection with any of those projects and related services or in any way which pertains to those projects or services, whether they are [situate] situated within or without, or both within and without, the corporate boundaries of the City or the territorial limits of the public body, as the case may be.

      Sec. 18. Section 7A.150 of the Charter of the City of North Las Vegas, being chapter 584, Statutes of Nevada 1983, at page 1854, is hereby amended to read as follows:

       Sec. 7A.150  Authorization of tax increment area.

       1.  Except as is provided in subsections 2 and 3, the City Council, on behalf of the City and in its name, may at any time designate a tax increment area within the City to create a special account for the payment of bonds or other securities which are issued to defray the cost of the acquisition, improvement or equipment (or any combination thereof) of any project which is authorized in NRS 268.672 to 268.740, inclusive, including without limitation the condemnation of property for the undertaking, as are supplemented by NRS 350.500 to 350.720, inclusive, except as is otherwise provided in this article.

 


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ê2021 Statutes of Nevada, Page 1335 (CHAPTER 254, AB 55)ê

 

       2.  A tax increment area may not be created by the City Council if the total land area of the tax increment area exceeds 10 percent of the total land area, or if the total initial assessed valuation of the tax increment area exceeds 10 percent of the total assessed valuation of the taxable property which is [situate] situated within the City. As used in this subsection, “initial assessed valuation” means the assessed value as shown on the assessment roll which was last equalized before the designation of the area.

       3.  The right-of-way property of a railroad company which is under the jurisdiction of the Interstate Commerce Commission must not be included in a tax increment area unless the inclusion of that property is mutually agreed upon by the City Council and the railroad company.

      Sec. 19. Section 7A.160 of the Charter of the City of North Las Vegas, being chapter 584, Statutes of Nevada 1983, at page 1854, is hereby amended to read as follows:

       Sec. 7A.160  Limitation upon acquisition of facilities.

       1.  The City may not acquire, as a part of its facilities, any property which, at the time of its acquisition, competes in any area with then-existing properties of a public body which provides the same or a similar function or service in the area, but the facilities of the City may complement the existing properties of a public body by providing in that area supplemental functions or services, if the existing properties provide inadequate functions or services.

       2.  The City may acquire properties of any public body which are [situate] situated in the City as one undertaking or a project of the City or an interest in that undertaking or project.

      Sec. 20. Section 7A.170 of the Charter of the City of North Las Vegas, being chapter 584, Statutes of Nevada 1983, at page 1855, is hereby amended to read as follows:

       Sec. 7A.170  Initiating procedure.

       1.  Whenever the City Council is of the opinion that the interests of the City require any undertaking which is to be financed under this article, the governing body by resolution shall direct the Engineer to prepare:

       (a) Preliminary plans and a preliminary estimate of the cost of the undertaking, including without limitation all of the estimated financing costs which are to be capitalized with the proceeds of the City’s securities and all other estimated incidental costs which relate to the undertaking;

       (b) A statement of the proposed tax increment area which pertains to the undertaking, the last finalized amount of the assessed valuation of the taxable property in the area and the amount of taxes (including in the amount the sum of all unpaid taxes, whether or not they are delinquent) which resulted from the last taxation of the property, based upon the records of the County Assessor and the County Treasurer; and

       (c) A statement of the estimated amount of the tax proceeds which are to be credited annually to the Tax Increment Account during the term of the proposed securities which will be payable from those tax proceeds.

 


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ê2021 Statutes of Nevada, Page 1336 (CHAPTER 254, AB 55)ê

 

       2.  The resolution must describe the undertaking in general terms.

       3.  The resolution must state:

       (a) What part or portion of the expense of the undertaking must be paid with the proceeds of the securities which are issued by the City in anticipation of tax proceeds and are to be credited to the Tax Increment Account and payable wholly or in part from those tax proceeds;

       (b) How the remaining part or portion of the expenses, if any, is to be financed; and

       (c) The basic security and any additional security for the payment of the securities of the City which pertain to the undertaking.

       4.  The resolution need not describe minutely each particular tract of taxable real property which is proposed to be included within the tax increment area, but may simply designate the tax increment area or its location in such a manner that the various tracts of taxable real property and taxable personal property which are [situate] situated within the tax increment area may be ascertained and determined to be either within or without the proposed tax increment area.

       5.  The Engineer shall forthwith file with the City Clerk the preliminary plans, estimate of cost and statements.

       6.  Upon the filing of the preliminary plans, estimate of cost and statements, the City Council shall examine them, and, if it finds them to be satisfactory, by resolution provisionally order the undertaking.

      Sec. 21. Section 7A.240 of the Charter of the City of North Las Vegas, being chapter 584, Statutes of Nevada 1983, at page 1860, is hereby amended to read as follows:

       Sec. 7A.240  Municipal securities.

       1.  The City may issue, to defray, wholly or in part, the cost of the undertaking, the following securities:

       (a) Notes;

       (b) Warrants;

       (c) Interim debentures;

       (d) Bonds; and

       (e) Temporary bonds.

       2.  Any net revenue which is derived from the operation of the project which is acquired, improved or equipped, or any combination thereof, under the undertaking must be pledged for the payment of the securities, and those securities must be made payable from that net pledged revenue, as the bond requirements of the securities become due from time to time, in accordance with the bond ordinance, trust indenture or other proceedings which authorize the issuance of the securities or otherwise pertains to their issuance.

       3.  Additionally, the securities:

       (a) Must be made payable from tax proceeds which are accounted for in the Tax Increment Account; and

       (b) May, at the City’s option, be made payable from the taxes which are levied by the City against all of the taxable property within the City, without limitation of rate or amount except for the limitation which is provided in Section 2 of Article 10 of the Nevada Constitution. The City may also issue general obligation securities which are authorized by any law other than this article and are made payable from taxes without also making those securities payable from the net pledged revenues or tax proceeds which are accounted for in a Tax Increment Account, or from both these revenue sources.

 


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ê2021 Statutes of Nevada, Page 1337 (CHAPTER 254, AB 55)ê

 

which are authorized by any law other than this article and are made payable from taxes without also making those securities payable from the net pledged revenues or tax proceeds which are accounted for in a Tax Increment Account, or from both these revenue sources.

       4.  Securities which are payable only in the manner which is provided in either paragraph (a) of subsection 3 or both subsection 2 and paragraph (a) of subsection 3 are special obligations of the City, are neither in their issuance subject to debt limitation which is specified in subsection 1 of section 7.010 of this Charter or is otherwise imposed by law, nor, while they are outstanding, do they exhaust the City’s debt-incurring power under subsection 1 of section 7.010 of this Charter or other law and may be issued under the provisions of [the] NRS 350.500 to 350.720, inclusive, except as is otherwise provided in this article, without any compliance with the provisions of NRS 350.011 to 350.0165, inclusive, or NRS 350.020 to 350.070, inclusive, and without any approval or other preliminaries, except as is provided in NRS 350.500 to 350.720, inclusive.

       5.  Securities which are payable from taxes in the manner which is provided in paragraph (b) of subsection 3, regardless of whether or not they are also payable in the manner which is provided only in paragraph (a) of that subsection or in both subsection 2 and paragraph (a) of subsection 3, must be general obligations of the City, are in their issuance subject to the debt limitation which is specified in subsection 1 of section 7.010 of this Charter or is otherwise imposed by law and, while they are outstanding, exhaust the City’s debt-incurring power under subsection 1 of section 7.010 of this Charter or other law, and those securities may be issued under NRS 350.500 to 350.720, inclusive, only after the issuance of City bonds is approved under the provisions of:

       (a) NRS 350.011 to 350.0165, inclusive; and

       (b) NRS 350.020 to 350.070, inclusive, except for the issuance of notes or warrants pursuant to NRS 350.500 to 350.720, inclusive, which are payable out of the current year’s revenues and are not to be funded with the proceeds of interim debentures or bonds in the absence of approval under the provisions of the law which are designated in paragraphs (a) and (b).

       6.  In the proceedings for the making of loans or the acquisition of any advance of money or the incurring of any indebtedness, whether it is funded, refunded, assumed or otherwise, for the purpose of financing or refinancing, in whole or in part, the undertaking, wholly or in part, the City shall irrevocably pledge that portion of the taxes which is mentioned in subsection 2 of section 7A.230 of this Charter for the payment of the bond requirements of the loans, advances or indebtedness. The provisions in NRS 350.500 to 350.720, inclusive, which pertain to net pledged revenues apply to the pledge to secure the payment of the tax increment bonds.

      Sec. 22.  This act becomes effective upon passage and approval.

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ê2021 Statutes of Nevada, Page 1338ê

 

CHAPTER 255, AB 57

Assembly Bill No. 57–Committee on Education

 

CHAPTER 255

 

[Approved: June 2, 2021]

 

AN ACT relating to education; requiring that pupil growth account for 0 percent of certain teacher and administrator evaluations for the 2021-2022 school year; requiring that pupil growth account for 15 percent of certain teacher and administrator evaluations beginning with the 2022-2023 school year; temporarily suspending the requirement to develop learning goals for pupils to measure pupil growth; clarifying that pupil growth accounts for 0 percent of certain teacher and administrator evaluations for the entirety of the 2020-2021 school year; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires that pupil growth account for 15 percent of an evaluation of a teacher or administrator who provides direct instructional services to pupils. (NRS 391.465) Existing law provides that pupil growth may be determined by the extent to which the learning goals of a pupil are achieved. (NRS 391.480) Section 1 of this bill requires that pupil growth account for 0 percent of an evaluation of a teacher or administrator during the school year 2021-2022. Section 1 requires that pupil growth account for 15 percent of such an evaluation for each academic year beginning with the school year 2022-2023. Section 2 of this bill temporarily suspends the requirement to establish learning goals for pupils during the school years 2020-2021 and 2021-2022.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 391.465 is hereby amended to read as follows:

      391.465  1.  The State Board shall, based upon the recommendations of the Teachers and Leaders Council of Nevada submitted pursuant to NRS 391.460, adopt regulations establishing a statewide performance evaluation system which incorporates multiple measures of an employee’s performance. Except as otherwise provided in subsection 3, the State Board shall prescribe the tools to be used by a school district for obtaining such measures.

      2.  The statewide performance evaluation system must:

      (a) Require that an employee’s overall performance is determined to be:

             (1) Highly effective;

             (2) Effective;

             (3) Developing; or

             (4) Ineffective.

      (b) Include the criteria for making each designation identified in paragraph (a), which must include, without limitation, consideration of whether the classes for which the employee is responsible exceed the applicable recommended ratios of pupils per licensed teacher prescribed by the State Board pursuant to NRS 388.890 and, if so, the degree to which the ratios affect:

 


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ê2021 Statutes of Nevada, Page 1339 (CHAPTER 255, AB 57)ê

 

             (1) The ability of the employee to carry out his or her professional responsibilities; and

             (2) The instructional practices of the employee.

      (c) Except as otherwise provided in subsections 2 and 3 of NRS 391.695 and subsections 2 and 3 of NRS 391.715, require that pupil growth, as determined pursuant to NRS 391.480, account for [15] :

             (1) Zero percent of the evaluation of a teacher or administrator who provides direct instructional services to pupils at a school in a school district for the school year 2021-2022; and

             (2) Fifteen percent of the evaluation of a teacher or administrator who provides direct instructional services to pupils at a school in a school district [.] for each academic year beginning with the school year 2022-2023.

      (d) Include an evaluation of whether the teacher, or administrator who provides primarily administrative services at the school level or administrator at the district level who provides direct supervision of the principal of a school, and who does not provide primarily direct instructional services to pupils, regardless of whether the probationary administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal or licensed educational employee, other than a teacher or administrator, employs practices and strategies to involve and engage the parents and families of pupils.

      (e) Include a process for peer observations of teachers by qualified educational personnel which is designed to provide assistance to teachers in meeting the standards of effective teaching, and includes, without limitation, conducting observations, participating in conferences before and after observations of the teacher and providing information and resources to the teacher about strategies for effective teaching. The regulations must include the criteria for school districts to determine which educational personnel are qualified to conduct peer observations pursuant to the process.

      3.  A school district may apply to the State Board to use a performance evaluation system and tools that are different than the evaluation system and tools prescribed pursuant to subsection 1. The application must be in the form prescribed by the State Board and must include, without limitation, a description of the evaluation system and tools proposed to be used by the school district. The State Board may approve the use of the proposed evaluation system and tools if it determines that the proposed evaluation system and tools apply standards and indicators that are equivalent to those prescribed by the State Board.

      4.  An administrator at the district level who provides direct supervision of the principal of a school and who also serves as the superintendent of schools of a school district must not be evaluated using the statewide performance evaluation system.

      Sec. 2. NRS 391.480 is hereby amended to read as follows:

      391.480  For each school year beginning with the school year 2022-2023:

      1.  Each teacher at a school in a school district shall, in consultation with the principal of the school at which the teacher is employed or other administrator who is assigned by the principal, develop learning goals for the pupils of the teacher for a specified period.

      2.  Each principal, vice principal and other administrator who provides direct instructional services to pupils at a school in a school district shall, in consultation with his or her direct supervisor, develop learning goals for the pupils at the school where the principal, vice principal or other administrator, as applicable, is employed for a specified period.

 


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ê2021 Statutes of Nevada, Page 1340 (CHAPTER 255, AB 57)ê

 

consultation with his or her direct supervisor, develop learning goals for the pupils at the school where the principal, vice principal or other administrator, as applicable, is employed for a specified period.

      3.  The Department shall establish a list of assessments that may be used by a school or school district to measure the achievement of learning goals established pursuant to this section.

      4.  The board of trustees of each school district shall ensure that the learning goals for pupils established pursuant to this section measure pupil growth in accordance with the criteria established by regulation of the State Board.

      5.  Each teacher and administrator who establishes learning goals for pupils pursuant to this section must be evaluated at the end of the specified period to determine the extent to which the learning goals of the pupils were achieved. Such an evaluation must be conducted in accordance with the criteria established by regulation of the State Board for determining the level of pupil growth for the purposes of the statewide performance evaluation system. The State Board may establish by regulation the manner in which to include certain categories of pupils in the evaluation conducted pursuant to this subsection.

      Sec. 2.5.  Notwithstanding the amendatory provisions of section 2 of this act, if an agreement entered into between a school district and an employee organization before the effective date of this act provides incentives to teachers on the basis of learning goals for the pupils of the teacher, a teacher who is subject to such an agreement may continue to develop learning goals for pupils pursuant to NRS 391.480 to satisfy the requirements of the agreement for the duration of the agreement. Any learning goals for pupils developed by a teacher shall account for the percentage of the evaluation of a teacher pursuant to NRS 391.465 set forth in that section.

      Sec. 3.  The amendatory provisions of sections 1 and 2 of this act apply for the entirety of the 2020-2021 school year to the evaluation of a teacher or administrator who provides direct instructional services to pupils at a school in a school district only to the extent that the amendatory provisions of sections 1 and 2 of this act do not result in the decrease of the overall rating of the teacher or administrator.

      Sec. 4.  1.  This act becomes effective upon passage and approval.

      2.  The amendatory provisions of sections 1 and 2 of this act expire by limitation on June 30, 2023.

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ê2021 Statutes of Nevada, Page 1341ê

 

CHAPTER 256, AB 61

Assembly Bill No. 61–Committee on Commerce and Labor

 

CHAPTER 256

 

[Approved: June 2, 2021]

 

AN ACT relating to trade practices; increasing penalties for certain offenses relating to the use of a device for automatic dialing and announcing; establishing certain practices as deceptive trade practices; authorizing the imposition of additional civil penalties for certain deceptive trade practices in certain actions and proceedings under certain circumstances; revising provisions relating to certain administrative hearings; revising the penalties for willfully and knowingly engaging in a deceptive trade practice; eliminating the statute of limitations for certain civil actions involving deceptive trade practices which are brought by the Attorney General; authorizing the Consumer’s Advocate of the Bureau of Consumer Protection in the Office of the Attorney General to have access to certain records; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines activities that constitute deceptive trade practices and provides for the imposition of civil and criminal penalties against persons who engage in deceptive trade practices. (Chapter 598 of NRS) Sections 1, 3, 6.5, 7 and 19 of this bill establish certain additional activities as deceptive trade practices.

      Existing law makes it a misdemeanor to use a device for automatic dialing and announcing to disseminate a prerecorded message in a telephone call under certain circumstances. (NRS 597.814, 597.818) Section 1 of this bill revises the punishment for such action to make: (1) the first offense a misdemeanor; (2) the second offense a gross misdemeanor; and (3) the third or subsequent offense a category E felony. Additionally, section 1 provides that such action constitutes a deceptive trade practice and provides for a civil penalty of not more than $10,000.

      Section 3 of this bill makes it a deceptive trade practice to sell, rent or offer to sell or rent certain goods and services during a state of emergency or declaration of disaster that has been in effect for 75 days or less for a price that is grossly in excess of the usual price for that good or service. Section 3 sets forth certain criteria for determining whether a price for a good or service is grossly in excess of its usual price. Section 3.5 of this bill requires the Attorney General to prepare a report for each state of emergency or declaration of disaster concerning complaints received by the Attorney General of deceptive trade practices of the type described in section 3.

      Existing law makes it a deceptive trade practice to engage in certain actions during a solicitation by telephone or sales presentation. (NRS 598.0918) Section 6.5 of this bill: (1) expands the circumstances under which such actions constitute a deceptive trade practice to include a solicitation by text message; and (2) makes it a deceptive trade practice to engage in certain additional actions during a solicitation by telephone or text message or during a sales presentation. Section 7 of this bill makes it a deceptive trade practice to use an “unconscionable practice” in a transaction. Sections 32-35 of this bill make conforming changes to reflect the addition of the provisions of section 7.

      Existing law imposes certain requirements on certain entities that handle personal nonpublic information relating to the security of such information. (NRS 603A.010-603A.290) Section 19 of this bill makes it a deceptive trade practice to violate any of these requirements.

 


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ê2021 Statutes of Nevada, Page 1342 (CHAPTER 256, AB 61)ê

 

      Existing law authorizes the Director of the Department of Business and Industry to impose certain penalties upon a person who has engaged in a deceptive trade practice after a hearing that is initiated by the Commissioner of Consumer Affairs serving an order upon the person. (NRS 598.0971) Section 12 of this bill authorizes the Attorney General to also initiate such a hearing before the Director and provides additional means for serving an order upon a person. If a person fails to comply with an order issued by the Director or his or her designee, existing law authorizes the Commissioner or the Director, through the Attorney General, to bring an action requesting a court enforce the order and requires the court to issue an order enforcing the order of the Director or his or her designee if the court makes certain findings. (NRS 598.0971) Section 12: (1) additionally authorizes the Attorney General to bring an action requesting a court to enforce an order issued by the Director or his or her designee; and (2) requires the court to issue an order enforcing the order of the Director or his or her designee if the court finds that the person has failed to comply with the order.

      Existing law authorizes a court, in certain actions relating to the enforcement of the provisions prohibiting deceptive trade practices, to impose an additional maximum civil penalty of $12,500 if the court finds that a person has engaged in a deceptive trade practice directed toward an elderly person or a person with a disability. (NRS 598.0973) Section 13 of this bill authorizes such a civil penalty to be imposed by the Director or his or her designee in a proceeding before the Director or his or her designee. Section 5 of this bill similarly authorizes the imposition of an additional maximum civil penalty in certain actions or proceedings if the court or the Director or his or her designee finds that a person has engaged in a deceptive trade practice directed toward a person who is 17 years of age or younger.

      Section 17 of this bill revises the criminal penalties imposed for engaging in a deceptive trade practice. Under section 17, knowingly and willfully engaging in a deceptive trade practice is a misdemeanor, except if the offense involves a loss of property or services of at least $1,200. For those offenses, section 17 establishes a tier of penalties based on the value of the property or services which generally mirror the penalties for theft. (NRS 205.0835, 598.0999)

      Existing law requires, in general, a civil action against a person alleged to have committed a deceptive trade practice to be commenced within 4 years. (NRS 11.190) Sections 25 and 26 of this bill create an exception to this requirement for certain actions brought by the Attorney General. Section 25 provides that there is no limitation on the time in which a civil action brought by the Attorney General against a person alleged to have committed a deceptive trade practice, other than a deceptive trade practice of the type described in section 3, is required to be commenced.

      Section 31 of this bill authorizes the Consumer’s Advocate of the Bureau of Consumer Protection in the Office of the Attorney General to have access to all records in the possession of any agency, board or commission of this State that he or she determines are necessary to exercise his or her powers relating to consumer protection.

      Sections 6, 8-11, 14-16, 21, 22 and 27 of this bill make conforming changes to indicate the proper placement of language added to the Nevada Revised Statutes by 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. NRS 597.818 is hereby amended to read as follows:

      597.818  1.  A person who violates any provision of NRS 597.814 is guilty of :

      (a) For a first offense, a misdemeanor.

      (b) For a second offense, a gross misdemeanor.

 


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ê2021 Statutes of Nevada, Page 1343 (CHAPTER 256, AB 61)ê

 

      (c) For a third and any subsequent offense, a category E felony and shall be punished as provided in NRS 193.130.

      2.  If a person is found guilty or guilty but mentally ill of, or has pleaded guilty, guilty but mentally ill or nolo contendere to, violating any provision of NRS 597.814, his or her telephone service to which a device for automatic dialing and announcing has been connected must be suspended for a period determined by the court.

      3.  In addition to any other penalty, a person who violates any provision of NRS 597.814 is subject to a civil penalty of not more than $10,000 for each violation.

      4.  A violation of any provision of NRS 597.814 constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act.

      Sec. 2. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 3.5 and 5 of this act.

      Sec. 3. 1.  A person engages in a “deceptive trade practice” when, during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070 that has been in effect for 75 days or less, the person sells, rents or offers to sell or rent any of the following goods or services in an emergency or disaster area for a price that is grossly in excess of the usual price for that good or service:

      (a) Consumer goods and services used, bought or rendered primarily for personal, family or household purposes;

      (b) Medical supplies and services used for the care, cure, mitigation, treatment or prevention of any illness or disease;

      (c) Services related to the repair or reconstruction of property; or

      (d) Any other goods or services that are commonly used in responding to the type of emergency or disaster for which the state of emergency or declaration of disaster was proclaimed.

      2.  Whether a price for a good or service is grossly in excess of the usual price for that good or service for the purposes of subsection 1 is a question of law to be determined by considering all relevant circumstances, including, without limitation, the price of the good or service prevailing in the emergency or disaster area in the 30 days before the state of emergency or declaration of disaster was proclaimed.

      3.  A price for a good or service is not grossly in excess of the usual price for that good or service for the purposes of subsection 1 if the price is:

      (a) Related to an additional or increased cost imposed by a supplier of a good or other costs of providing the good or service, including, without limitation, an additional or increased cost for labor or materials used to provide a service;

      (b) For a good or service which is sold, rented or offered to be sold or rented for a price that:

             (1) Does not exceed $250, 15 percent or less above the usual price for the good or service;

             (2) Exceeds $250 but does not exceed $750, 10 percent or less above the usual price for the good or service; or

             (3) Exceeds $750, 5 percent or less above the usual price of the good or service;

 


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ê2021 Statutes of Nevada, Page 1344 (CHAPTER 256, AB 61)ê

 

      (c) Ten percent or less above the sum of the costs to the person and the normal markup for a good or service;

      (d) Generally consistent with seasonal fluctuations or fluctuations in applicable commodity, regional, national or international markets; or

      (e) A contract price, or the result of a price formula, established before the state of emergency or declaration of disaster was proclaimed.

      4.  A person who offers to sell or rent a good or service for a price that would otherwise violate subsection 1 does not commit a “deceptive trade practice” if the offer states that the good or service is not offered for sale or rent in the emergency or disaster area.

      5.  The provisions of this section do not apply to:

      (a) A transaction for the sale or rental of a good or service which occurs wholly outside the State; or

      (b) A person who does not control the location or price at which a good or service is sold or rented.

      6.  As used in this section:

      (a) “Emergency or disaster area” means a particular geographic area that is described in a proclamation of a state of emergency or declaration of disaster by the Governor or Legislature pursuant to NRS 414.070.

      (b) “Usual price” means:

             (1) If a person sold, rented or offered to sell or rent a good or service at a price other than as described in subparagraph (2) in an emergency or disaster area within the 30 days before the state of emergency or declaration of disaster was proclaimed pursuant to NRS 414.070, the price at which the person sold, rented or offered to sell or rent the good or service.

             (2) If a person sold, rented or offered to sell or rent a good or service at a reduced price in an emergency or disaster area within the 30 days before the state of emergency or declaration of disaster was proclaimed pursuant to NRS 414.070, the price at which the person usually sells, rents or offers to sell or rent the good or service in the emergency or disaster area.

             (3) If a person did not sell, rent or offer to sell or rent a good or service in an emergency or disaster area within the 30 days before the state of emergency or declaration of disaster was proclaimed pursuant to NRS 414.070, the price at which the good or service was generally available in the emergency or disaster area in the 30 days before the state of emergency or declaration of disaster was proclaimed.

      Sec. 3.5. For each state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070, the Attorney General shall prepare a report containing aggregate data or information concerning the number and type of complaints received by the Attorney General during the emergency or disaster that relate to the commission of a deceptive trade practice of the type described in section 3 of this act. The Attorney General shall cause the report to be posted on the Internet website of the Attorney General not later than 30 days after the earlier of:

      1.  The termination of the state of emergency or declaration of disaster by the Governor or the Legislature pursuant to NRS 414.070; or

      2.  The 75th day that the state of emergency or declaration of disaster is in effect.

      Sec. 4.  (Deleted by amendment.)

 


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ê2021 Statutes of Nevada, Page 1345 (CHAPTER 256, AB 61)ê

 

      Sec. 5. 1.  Except as otherwise provided in NRS 598.0974, in any action or proceeding brought pursuant to this section and NRS 598.0903 to 598.0999, inclusive, and sections 3 and 3.5 of this act, if the court or the Director or his or her designee finds that a person has engaged in a deceptive trade practice directed toward a minor person, the court or the Director or his or her designee may, in addition to any other civil or criminal penalty, impose a civil penalty of not more than $12,500 for each violation.

      2.  In determining whether to impose a civil penalty pursuant to subsection 1, the court or the Director or his or her designee shall consider whether:

      (a) The conduct of the person was in disregard of the rights of the minor person;

      (b) The person knew or should have known that his or her conduct was directed toward a minor person;

      (c) The minor person was more vulnerable to the conduct of the person because of the age of the minor person;

      (d) The conduct of the person caused the minor person to suffer actual and substantial physical, emotional or economic damage;

      (e) The conduct of the person caused the minor person to suffer:

             (1) Mental or emotional anguish;

             (2) The loss of money or financial support received from any source;

             (3) The loss of property that had been set aside for education or for personal or family care and maintenance;

             (4) The loss of assets which are essential to the health and welfare of the minor person; or

             (5) Any other interference with the economic well-being of the minor person; or

      (f) Any other factors that the court or the Director or his or her designee deems to be appropriate.

      3.  As used in this section, “minor person” means a person who is 17 years of age or younger.

      Sec. 6. NRS 598.0903 is hereby amended to read as follows:

      598.0903  As used in NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act, unless the context otherwise requires, the words and terms defined in NRS 598.0905 to 598.0947, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.

      Sec. 6.5. NRS 598.0918 is hereby amended to read as follows:

      598.0918  A person engages in a “deceptive trade practice” if, during a solicitation by telephone or text message or during a sales presentation, he or she:

      1.  Uses threatening, intimidating, profane or obscene language;

      2.  Repeatedly or continuously conducts the solicitation or presentation in a manner that is considered by a reasonable person to be annoying, abusive or harassing;

      3.  Solicits a person by telephone at his or her residence between 8 p.m. and 9 a.m.;

 


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ê2021 Statutes of Nevada, Page 1346 (CHAPTER 256, AB 61)ê

 

      4.  Blocks or otherwise intentionally circumvents any service used to identify the caller when placing an unsolicited telephone call; [or]

      5.  Places an unsolicited telephone call that does not allow a service to identify the caller by the telephone number or name of the business, unless such identification is not technically feasible [.] ; or

      6.  Defrauds a person of any valuable thing, wrongfully obtains from a person any valuable thing or otherwise causes harm to a person by knowingly causing, directly or indirectly, any service used in connection with a voice service or text messaging service to identify the caller or sender of the text message to display inaccurate or misleading information.

      Sec. 7. NRS 598.0923 is hereby amended to read as follows:

      598.0923  1.  A person engages in a “deceptive trade practice” when in the course of his or her business or occupation he or she knowingly:

      [1.](a) Conducts the business or occupation without all required state, county or city licenses.

      [2.](b) Fails to disclose a material fact in connection with the sale or lease of goods or services.

      [3.](c) Violates a state or federal statute or regulation relating to the sale or lease of goods or services.

      [4.](d) Uses coercion, duress or intimidation in a transaction.

      [5.](e) Uses an unconscionable practice in a transaction.

      (f) As the seller in a land sale installment contract, fails to:

      [(a)](1) Disclose in writing to the buyer:

             [(1)](I) Any encumbrance or other legal interest in the real property subject to such contract; or

             [(2)](II) Any condition known to the seller that would affect the buyer’s use of such property.

      [(b)](2) Disclose the nature and extent of legal access to the real property subject to such agreement.

      [(c)](3) Record the land sale installment contract pursuant to NRS 111.315 within 30 calendar days after the date upon which the seller accepts the first payment from the buyer under such a contract.

      [(d)](4) Pay the tax imposed on the land sale installment contract pursuant to chapter 375 of NRS.

      [(e)](5) Include terms in the land sale installment contract providing rights and protections to the buyer that are substantially the same as those under a foreclosure pursuant to chapter 40 of NRS.

[Ê]

      2.  As used in this [subsection, “land] section:

      (a) “Land sale installment contract” has the meaning ascribed to it in paragraph (d) of subsection 1 of NRS 375.010.

      (b) “Unconscionable practice” means an act or practice which, to the detriment of a consumer:

             (1) Takes advantage of the lack of knowledge, ability, experience or capacity of the consumer to a grossly unfair degree;

             (2) Results in a gross disparity between the value received and the consideration paid, in a transaction involving transfer of consideration; or

             (3) Arbitrarily or unfairly excludes the access of a consumer to a good or service.

 


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ê2021 Statutes of Nevada, Page 1347 (CHAPTER 256, AB 61)ê

 

      Sec. 8. NRS 598.0953 is hereby amended to read as follows:

      598.0953  1.  Evidence that a person has engaged in a deceptive trade practice is prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.

      2.  The deceptive trade practices listed in NRS 598.0915 to 598.0925, inclusive, and section 3 of this act are in addition to and do not limit the types of unfair trade practices actionable at common law or defined as such in other statutes of this State.

      Sec. 9. NRS 598.0955 is hereby amended to read as follows:

      598.0955  1.  The provisions of NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act do not apply to:

      (a) Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state or local governmental agency.

      (b) Publishers, including outdoor advertising media, advertising agencies, broadcasters or printers engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast or reproduce material without knowledge of its deceptive character.

      (c) Actions or appeals pending on July 1, 1973.

      2.  The provisions of NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act do not apply to the use by a person of any service mark, trademark, certification mark, collective mark, trade name or other trade identification which was used and not abandoned prior to July 1, 1973, if the use was in good faith and is otherwise lawful except for the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and sections 3, 3.5 and 5 of this act.

      Sec. 10. NRS 598.0963 is hereby amended to read as follows:

      598.0963  1.  Whenever the Attorney General is requested in writing by the Commissioner or the Director to represent him or her in instituting a legal proceeding against a person who has engaged or is engaging in a deceptive trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person on behalf of the Commissioner or Director.

      2.  The Attorney General may institute criminal proceedings to enforce the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and sections 3, 3.5 and 5 of this act. The Attorney General is not required to obtain leave of the court before instituting criminal proceedings pursuant to this subsection.

      3.  If the Attorney General has reason to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person to obtain a temporary restraining order, a preliminary or permanent injunction, or other appropriate relief.

      4.  If the Attorney General has cause to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may issue a subpoena to require the testimony of any person or the production of any documents, and may administer an oath or affirmation to any person providing such testimony. The subpoena must be served upon the person in the manner required for service of process in this State or by certified mail with return receipt requested. An employee of the Attorney General may personally serve the subpoena.

 


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ê2021 Statutes of Nevada, Page 1348 (CHAPTER 256, AB 61)ê

 

      Sec. 11. NRS 598.0967 is hereby amended to read as follows:

      598.0967  1.  The Commissioner and the Director, in addition to other powers conferred upon them by NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act, may issue subpoenas to require the attendance of witnesses or the production of documents, conduct hearings in aid of any investigation or inquiry and prescribe such forms and adopt such regulations as may be necessary to administer the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and sections 3, 3.5 and 5 of this act. Such regulations may include, without limitation, provisions concerning the applicability of the provisions of NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act to particular persons or circumstances.

      2.  Except as otherwise provided in this subsection, service of any notice or subpoena must be made by certified mail with return receipt or as otherwise allowed by law. An employee of the Consumer Affairs Division of the Department of Business and Industry may personally serve a subpoena issued pursuant to this section.

      Sec. 12. NRS 598.0971 is hereby amended to read as follows:

      598.0971  1.  If, after an investigation, the Commissioner or Attorney General has reasonable cause to believe that any person has been engaged or is engaging in any deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act, the Commissioner or Attorney General may issue an order directed to the person to show cause why the Director should not order the person to cease and desist from engaging in the practice and to pay an administrative fine. The order must contain a statement of the charges and a notice of a hearing to be held thereon. The order must be served upon the person directly , [or] by certified or registered mail, return receipt requested [.] , or in any other manner permitted by the Nevada Rules of Civil Procedure for the service of process in civil actions.

      2.  An administrative hearing on any action brought by the Commissioner or Attorney General must be conducted before the Director or his or her designee.

      3.  If, after conducting a hearing pursuant to the provisions of subsection 2, the Director or his or her designee determines that the person has violated any of the provisions of NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act or if the person fails to appear for the hearing after being properly served with the statement of charges and notice of hearing, the Director or his or her designee shall issue an order setting forth his or her findings of fact concerning the violation and cause to be served a copy thereof upon the person and any intervener at the hearing. If the Director or his or her designee determines in the report that such a violation has occurred, he or she may order the violator to:

      (a) Cease and desist from engaging in the practice or other activity constituting the violation;

      (b) Pay the costs of conducting the investigation, costs of conducting the hearing, costs of reporting services, fees for experts and other witnesses, charges for the rental of a hearing room if such a room is not available to the Director or his or her designee free of charge, charges for providing an independent hearing officer, if any, and charges incurred for any service of process, if the violator is adjudicated to have committed a violation of NRS 598.0903 to 598.0999, inclusive [;] , and sections 3, 3.5 and 5 of this act;

 


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ê2021 Statutes of Nevada, Page 1349 (CHAPTER 256, AB 61)ê

 

      (c) Provide restitution for any money or property improperly received or obtained as a result of the violation; and

      (d) Impose an administrative fine of $1,000 or treble the amount of restitution ordered, whichever is greater.

Ê The order must be served upon the person directly or by certified or registered mail, return receipt requested. The order becomes effective upon service in the manner provided in this subsection.

      4.  Any person whose pecuniary interests are directly and immediately affected by an order issued pursuant to subsection 3 or who is aggrieved by the order may petition for judicial review in the manner provided in chapter 233B of NRS. Such a petition must be filed within 30 days after the service of the order. The order becomes final upon the filing of the petition.

      5.  If a person fails to comply with any provision of an order issued by the Director or his or her designee pursuant to subsection 3, the Attorney General, or the Commissioner or [the] Director [may,] through the Attorney General, may, at any time after 30 days after the service of the order, cause an action to be instituted in the district court of the county wherein the person resides or has his or her principal place of business requesting the court to enforce the provisions of the order or to provide any other appropriate injunctive relief.

      6.  If the court finds that [:

      (a) The violation complained of is a deceptive trade practice;

      (b) The proceedings by the Director or his or her designee concerning the written report and any] the person has failed to comply with an order issued by the Director or his or her designee pursuant to subsection 3 , [are in the interest of the public; and

      (c) The findings of the Director or his or her designee are supported by the weight of the evidence,

Ê] the court shall issue an order enforcing the provisions of the order of the Director or his or her designee.

      7.  An order issued pursuant to subsection 6 may include:

      (a) A provision requiring the payment to the Consumer Affairs Division of the Department of Business and Industry of a penalty of not more than $5,000 for each act amounting to a failure to comply with the Director’s or designee’s order;

      (b) An order that the person cease doing business within this State; and

      (c) Such injunctive or other equitable or extraordinary relief as is determined appropriate by the court.

      8.  Any aggrieved party may appeal from the final judgment, order or decree of the court in a like manner as provided for appeals in civil cases.

      9.  Upon the violation of any judgment, order or decree issued pursuant to subsection 6 or 7, the Commissioner, after a hearing thereon, may proceed in accordance with the provisions of NRS 598.0999.

      Sec. 13. NRS 598.0973 is hereby amended to read as follows:

      598.0973  1.  Except as otherwise provided in NRS 598.0974, in any action or proceeding brought pursuant to NRS [598.0979] 598.0903 to [598.099,] 598.0999, inclusive, and sections 3, 3.5 and 5 of this act, if the court or the Director or his or her designee finds that a person has engaged in a deceptive trade practice directed toward an elderly person or a person with a disability, the court or the Director or his or her designee may, in addition to any other civil or criminal penalty, impose a civil penalty of not more than $12,500 for each violation.

 


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ê2021 Statutes of Nevada, Page 1350 (CHAPTER 256, AB 61)ê

 

person with a disability, the court or the Director or his or her designee may, in addition to any other civil or criminal penalty, impose a civil penalty of not more than $12,500 for each violation.

      2.  In determining whether to impose a civil penalty pursuant to subsection 1, the court or the Director or his or her designee shall consider whether:

      (a) The conduct of the person was in disregard of the rights of the elderly person or person with a disability;

      (b) The person knew or should have known that his or her conduct was directed toward an elderly person or a person with a disability;

      (c) The elderly person or person with a disability was more vulnerable to the conduct of the person because of the age, health, infirmity, impaired understanding, restricted mobility or disability of the elderly person or person with a disability;

      (d) The conduct of the person caused the elderly person or person with a disability to suffer actual and substantial physical, emotional or economic damage;

      (e) The conduct of the person caused the elderly person or person with a disability to suffer:

             (1) Mental or emotional anguish;

             (2) The loss of the primary residence of the elderly person or person with a disability;

             (3) The loss of the principal employment or source of income of the elderly person or person with a disability;

             (4) The loss of money received from a pension, retirement plan or governmental program;

             (5) The loss of property that had been set aside for retirement or for personal or family care and maintenance;

             (6) The loss of assets which are essential to the health and welfare of the elderly person or person with a disability; or

             (7) Any other interference with the economic well-being of the elderly person or person with a disability, including the encumbrance of his or her primary residence or principal source of income; or

      (f) Any other factors that the court or the Director or his or her designee deems to be appropriate.

      Sec. 14. NRS 598.0974 is hereby amended to read as follows:

      598.0974  A civil penalty must not be imposed against any person who engages in a deceptive trade practice pursuant to NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act in a civil proceeding brought by the Commissioner, Director or Attorney General if a fine has previously been imposed against that person by the Department of Motor Vehicles pursuant to NRS 482.554 for the same act.

      Sec. 15. NRS 598.0985 is hereby amended to read as follows:

      598.0985  Notwithstanding the requirement of knowledge as an element of a deceptive trade practice, and notwithstanding the enforcement powers granted to the Commissioner or Director pursuant to NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act, whenever the district attorney of any county has reason to believe that any person is using, has used or is about to use any deceptive trade practice, knowingly or otherwise, he or she may bring an action in the name of the State of Nevada against that person to obtain a temporary or permanent injunction against the deceptive trade practice.

 


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ê2021 Statutes of Nevada, Page 1351 (CHAPTER 256, AB 61)ê

 

      Sec. 16. NRS 598.0993 is hereby amended to read as follows:

      598.0993  The court in which an action is brought pursuant to NRS 598.0979 and 598.0985 to 598.099, inclusive, may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any deceptive trade practice which violates any of the provisions of NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act but such additional orders or judgments may be entered only after a final determination has been made that a deceptive trade practice has occurred.

      Sec. 17. NRS 598.0999 is hereby amended to read as follows:

      598.0999  1.  Except as otherwise provided in NRS 598.0974, a person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this State or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and sections 3, 3.5 and 5 of this act.

      2.  Except as otherwise provided in NRS 598.0974, in any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act, if the court finds that a person has willfully engaged in a deceptive trade practice, the Commissioner, the Director, the district attorney of any county in this State or the Attorney General bringing the action may recover a civil penalty not to exceed $5,000 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs.

      3.  A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:

      (a) For [the first] an offense [,] involving a loss of property or services valued at $1,200 or more but less than $5,000, is guilty of a [misdemeanor.] category D felony and shall be punished as provided in NRS 193.130.

      (b) For [the second] an offense [,] involving a loss of property or services valued at $5,000 or more but less than $25,000, is guilty of a [gross misdemeanor.] category C felony and shall be punished as provided in NRS 193.130.

      (c) For [the third and all subsequent offenses,] an offense involving a loss of property or services valued at $25,000 or more but less than $100,000, is guilty of a category [D] B felony and shall be punished [as provided in NRS 193.130.] by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.

      (d) For an offense involving a loss of property or services valued at $100,000 or more, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and by a fine of not more than $15,000.

      (e) For any offense other than an offense described in paragraphs (a) to (d), inclusive, is guilty of a misdemeanor.

 


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ê2021 Statutes of Nevada, Page 1352 (CHAPTER 256, AB 61)ê

 

Ê The court may require the natural person, firm, or officer or managing agent of the corporation or association to pay to the aggrieved party damages on all profits derived from the knowing and willful engagement in a deceptive trade practice and treble damages on all damages suffered by reason of the deceptive trade practice.

      4.  [Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

      5.]  If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act, 598.100 to 598.2801, inclusive, 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, 598.840 to 598.966, inclusive, or 598.9701 to 598.9718, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:

      (a) The suspension of the person’s privilege to conduct business within this State; or

      (b) If the defendant is a corporation, dissolution of the corporation.

Ê The court may grant or deny the relief sought or may order other appropriate relief.

      [6.]5.  If a person violates any provision of NRS 228.500 to 228.640, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Attorney General may bring an action in the name of the State of Nevada seeking:

      (a) The suspension of the person’s privilege to conduct business within this State; or

      (b) If the defendant is a corporation, dissolution of the corporation.

Ê The court may grant or deny the relief sought or may order other appropriate relief.

      6.  In an action brought by the Commissioner or the Attorney General pursuant to subsection 4 or 5, process may be served by an employee of the Consumer Affairs Division of the Department of Business and Industry or an employee of the Attorney General.

      7.  As used in this section:

      (a) “Property” has the meaning ascribed to it in NRS 193.0225.

      (b) “Services” has the meaning ascribed to it in NRS 205.0829.

      (c) “Value” means the fair market value of the property or services at the time the deceptive trade practice occurred. The value of a written instrument which does not have a readily ascertainable market value is the greater of the face amount of the instrument less the portion satisfied or the amount of economic loss to the owner of the instrument resulting from the deprivation of the instrument. The trier of fact shall determine the value of all other property whose value is not readily ascertainable, and may, in making that determination, consider all relevant evidence, including evidence of the value of the property to its owner.

      Secs. 17.3, 17.6, 17.9 and 18. (Deleted by amendment.)

 


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      Sec. 19. Chapter 603A of NRS is hereby amended by adding thereto a new section to read as follows:

      A violation of the provisions of this section and NRS 603A.010 to 603A.290, inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act.

      Sec. 20.  (Deleted by amendment.)

      Sec. 21. NRS 603A.010 is hereby amended to read as follows:

      603A.010  As used in NRS 603A.010 to 603A.290, inclusive, and section 19 of this act, unless the context otherwise requires, the words and terms defined in NRS 603A.020, 603A.030 and 603A.040 have the meanings ascribed to them in those sections.

      Sec. 22. NRS 603A.100 is hereby amended to read as follows:

      603A.100  1.  The provisions of NRS 603A.010 to 603A.290, inclusive, and section 19 of this act do not apply to the maintenance or transmittal of information in accordance with NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto.

      2.  A data collector who is also an operator, as defined in NRS 603A.330, shall comply with the provisions of NRS 603A.300 to 603A.360, inclusive.

      3.  Any waiver of the provisions of NRS 603A.010 to 603A.290, inclusive, and section 19 of this act is contrary to public policy, void and unenforceable.

      Secs. 23 and 24. (Deleted by amendment.)

      Sec. 25. Chapter 11 of NRS is hereby amended by adding thereto a new section to read as follows:

      There is no limitation on the time in which an action brought by the Attorney General against a person alleged to have committed a deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act, other than a deceptive trade practice of the type described in section 3 of this act, may be commenced.

      Sec. 26. NRS 11.190 is hereby amended to read as follows:

      11.190  Except as otherwise provided in NRS 40.4639, 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:

      1.  Within 6 years:

      (a) Except as otherwise provided in NRS 62B.420 and 176.275, an action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.

      (b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.

      2.  Within 4 years:

      (a) An action on an open account for goods, wares and merchandise sold and delivered.

      (b) An action for any article charged on an account in a store.

      (c) An action upon a contract, obligation or liability not founded upon an instrument in writing.

      (d) [An] Except as otherwise provided in section 25 of this act, an action against a person alleged to have committed a deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act, but the cause of action shall be deemed to accrue when the aggrieved party discovers, or by the exercise of due diligence should have discovered, the facts constituting the deceptive trade practice.

 


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aggrieved party discovers, or by the exercise of due diligence should have discovered, the facts constituting the deceptive trade practice.

      3.  Within 3 years:

      (a) An action upon a liability created by statute, other than a penalty or forfeiture.

      (b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the waste or trespass.

      (c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term “livestock,” which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without the owner’s fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable person upon inquiry as to the possession thereof by the defendant.

      (d) Except as otherwise provided in NRS 112.230 and 166.170, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.

      (e) An action pursuant to NRS 40.750 for damages sustained by a financial institution or other lender because of its reliance on certain fraudulent conduct of a borrower, but the cause of action in such a case shall be deemed to accrue upon the discovery by the financial institution or other lender of the facts constituting the concealment or false statement.

      4.  Within 2 years:

      (a) An action against a sheriff, coroner or constable upon liability incurred by acting in his or her official capacity and in virtue of his or her office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.

      (b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the State, or both, except when the statute imposing it prescribes a different limitation.

      (c) An action for libel, slander, assault, battery, false imprisonment or seduction.

      (d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.

      (e) Except as otherwise provided in NRS 11.215, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.

      (f) An action to recover damages under NRS 41.740.

      5.  Within 1 year:

      (a) An action against an officer, or officer de facto to recover goods, wares, merchandise or other property seized by the officer in his or her official capacity, as tax collector, or to recover the price or value of goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention or sale of, or injury to, goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making the seizure.

 


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      (b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his or her official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.

      Sec. 27. NRS 41.600 is hereby amended to read as follows:

      41.600  1.  An action may be brought by any person who is a victim of consumer fraud.

      2.  As used in this section, “consumer fraud” means:

      (a) An unlawful act as defined in NRS 119.330;

      (b) An unlawful act as defined in NRS 205.2747;

      (c) An act prohibited by NRS 482.36655 to 482.36667, inclusive;

      (d) An act prohibited by NRS 482.351; or

      (e) A deceptive trade practice as defined in NRS 598.0915 to 598.0925, inclusive [.] , and section 3 of this act.

      3.  If the claimant is the prevailing party, the court shall award the claimant:

      (a) Any damages that the claimant has sustained;

      (b) Any equitable relief that the court deems appropriate; and

      (c) The claimant’s costs in the action and reasonable attorney’s fees.

      4.  Any action brought pursuant to this section is not an action upon any contract underlying the original transaction.

      Secs. 28-30. (Deleted by amendment.)

      Sec. 31. NRS 228.380 is hereby amended to read as follows:

      228.380  1.  Except as otherwise provided in this section, the Consumer’s Advocate may exercise the power of the Attorney General in areas of consumer protection, including, but not limited to, enforcement of chapters 90, 597, 598, 598A, 598B, 598C, 599B and 711 of NRS.

      2.  The Consumer’s Advocate may not exercise any powers to enforce any criminal statute set forth in:

      (a) Chapter 90, 597, 598, 598A, 598B, 598C or 599B of NRS for any transaction or activity that involves a proceeding before the Public Utilities Commission of Nevada if the Consumer’s Advocate is participating in that proceeding as a real party in interest on behalf of the customers or a class of customers of utilities; or

      (b) Chapter 711 of NRS.

      3.  The Consumer’s Advocate may have access to all records in the possession of any agency, board or commission of this State that he or she determines are necessary for the exercise of the powers set forth in subsection 1.

      4.  The Consumer’s Advocate may expend revenues derived from NRS 704.033 only for activities directly related to the protection of customers of public utilities.

      [4.]5.  The powers of the Consumer’s Advocate do not extend to proceedings before the Public Utilities Commission of Nevada directly relating to discretionary or competitive telecommunication services.

      Sec. 32. NRS 278.349 is hereby amended to read as follows:

      278.349  1.  Except as otherwise provided in subsection 2, the governing body, if it has not authorized the planning commission to take final action, shall, by an affirmative vote of a majority of all the members, approve, conditionally approve or disapprove a tentative map filed pursuant to NRS 278.330:

 


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      (a) In a county whose population is 700,000 or more, within 45 days; or

      (b) In a county whose population is less than 700,000, within 60 days,

Ê after receipt of the planning commission’s recommendations.

      2.  If there is no planning commission, the governing body shall approve, conditionally approve or disapprove a tentative map:

      (a) In a county whose population is 700,000 or more, within 45 days; or

      (b) In a county whose population is less than 700,000, within 60 days,

Ê after the map is filed with the clerk of the governing body.

      3.  The governing body, or planning commission if it is authorized to take final action on a tentative map, shall consider:

      (a) Environmental and health laws and regulations concerning water and air pollution, the disposal of solid waste, facilities to supply water, community or public sewage disposal and, where applicable, individual systems for sewage disposal;

      (b) The availability of water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision;

      (c) The availability and accessibility of utilities;

      (d) The availability and accessibility of public services such as schools, police protection, transportation, recreation and parks;

      (e) Conformity with the zoning ordinances and master plan, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance takes precedence;

      (f) General conformity with the governing body’s master plan of streets and highways;

      (g) The effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;

      (h) Physical characteristics of the land such as floodplain, slope and soil;

      (i) The recommendations and comments of those entities and persons reviewing the tentative map pursuant to NRS 278.330 to 278.3485, inclusive;

      (j) The availability and accessibility of fire protection, including, but not limited to, the availability and accessibility of water and services for the prevention and containment of fires, including fires in wild lands; and

      (k) The submission by the subdivider of an affidavit stating that the subdivider will make provision for payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection [5] 1 of NRS 598.0923, if applicable, by the subdivider or any successor in interest.

      4.  The governing body or planning commission shall, by an affirmative vote of a majority of all the members, make a final disposition of the tentative map. The governing body or planning commission shall not approve the tentative map unless the subdivider has submitted an affidavit stating that the subdivider will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection [5] 1 of NRS 598.0923, if applicable, by the subdivider or any successor in interest. Any disapproval or conditional approval must include a statement of the reason for that action.

      Sec. 33. NRS 278.461 is hereby amended to read as follows:

      278.461  1.  Except as otherwise provided in this section, a person who proposes to divide any land for transfer or development into four lots or less shall:

 


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      (a) Prepare a parcel map and file the number of copies, as required by local ordinance, of the parcel map with the planning commission or its designated representative or, if there is no planning commission, with the clerk of the governing body; and

      (b) Pay a filing fee in an amount determined by the governing body,

Ê unless those requirements are waived or the provisions of NRS 278.471 to 278.4725, inclusive, apply. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid, and by the affidavit of the person who proposes to divide the land stating that the person will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection [5] 1 of NRS 598.0923, if applicable, by the person who proposes to divide the land or any successor in interest.

      2.  In addition to any other requirement set forth in this section, a person who is required to prepare a parcel map pursuant to subsection 1 shall provide a copy of the parcel map to the Division of Water Resources of the State Department of Conservation and Natural Resources and obtain a certificate from the Division indicating that the parcel map is approved as to the quantity of water available for use if:

      (a) Any parcel included in the parcel map:

             (1) Is within or partially within a basin designated by the State Engineer pursuant to NRS 534.120 for which the State Engineer has issued an order requiring the approval of the parcel map by the State Engineer; and

             (2) Will be served by a domestic well; and

      (b) The dedication of a right to appropriate water to ensure a sufficient supply of water is not required by an applicable local ordinance.

      3.  If the parcel map is submitted to the clerk of the governing body, the clerk shall submit the parcel map to the governing body at its next regular meeting.

      4.  A common-interest community consisting of four units or less shall be deemed to be a division of land within the meaning of this section, but need only comply with this section and NRS 278.371, 278.373 to 278.378, inclusive, 278.462, 278.464 and 278.466.

      5.  A parcel map is not required when the division is for the express purpose of:

      (a) The creation or realignment of a public right-of-way by a public agency.

      (b) The creation or realignment of an easement.

      (c) An adjustment of the boundary line between two abutting parcels or the transfer of land between two owners of abutting parcels, which does not result in the creation of any additional parcels, if such an adjustment is approved pursuant to NRS 278.5692 and is made in compliance with the provisions of NRS 278.5693.

      (d) The purchase, transfer or development of space within an apartment building or an industrial or commercial building.

      (e) Carrying out an order of any court or dividing land as a result of an operation of law.

 


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      6.  A parcel map is not required for any of the following transactions involving land:

      (a) The creation of a lien, mortgage, deed of trust or any other security instrument.

      (b) The creation of a security or unit of interest in any investment trust regulated under the laws of this State or any other interest in an investment entity.

      (c) Conveying an interest in oil, gas, minerals or building materials, which is severed from the surface ownership of real property.

      (d) Conveying an interest in land acquired by the Department of Transportation pursuant to chapter 408 of NRS.

      (e) Filing a certificate of amendment pursuant to NRS 278.473.

      7.  When two or more separate lots, parcels, sites, units or plots of land are purchased, they remain separate for the purposes of this section and NRS 278.468, 278.590 and 278.630. When the lots, parcels, sites, units or plots are resold or conveyed they are exempt from the provisions of NRS 278.010 to 278.630, inclusive, until further divided.

      8.  Unless a method of dividing land is adopted for the purpose or would have the effect of evading this chapter, the provisions for the division of land by a parcel map do not apply to a transaction exempted by paragraph (c) of subsection 1 of NRS 278.320.

      9.  As used in this section, “domestic well” has the meaning ascribed to it in NRS 534.350.

      Sec. 34. NRS 278.464 is hereby amended to read as follows:

      278.464  1.  Except as otherwise provided in subsection 2, if there is a planning commission, it shall:

      (a) In a county whose population is 700,000 or more, within 45 days; or

      (b) In a county whose population is less than 700,000, within 60 days,

Ê after accepting as a complete application a parcel map, recommend approval, conditional approval or disapproval of the map in a written report. The planning commission shall submit the parcel map and the written report to the governing body.

      2.  If the governing body has authorized the planning commission to take final action on a parcel map, the planning commission shall:

      (a) In a county whose population is 700,000 or more, within 45 days; or

      (b) In a county whose population is less than 700,000, within 60 days,

Ê after accepting as a complete application the parcel map, approve, conditionally approve or disapprove the map. The planning commission shall file its written decision with the governing body. Unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.

      3.  If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or, by authorization of the governing body, the director of planning or other authorized person or agency shall:

      (a) In a county whose population is 700,000 or more, within 45 days; or

      (b) In a county whose population is less than 700,000, within 60 days,

Ê after acceptance of the parcel map as a complete application by the governing body pursuant to subsection 1 or pursuant to subsection 3 of NRS 278.461, review and approve, conditionally approve or disapprove the parcel map. Unless the time is extended by mutual agreement, if the governing body, the director of planning or other authorized person or agency fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.

 


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body, the director of planning or other authorized person or agency fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.

      4.  The planning commission and the governing body or director of planning or other authorized person or agency shall not approve the parcel map unless the person proposing to divide the land has submitted an affidavit stating that the person will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection [5] 1 of NRS 598.0923, if applicable, by the person proposing to divide the land or any successor in interest.

      5.  Except as otherwise provided in NRS 278.463, if unusual circumstances exist, a governing body or, if authorized by the governing body, the planning commission may waive the requirement for a parcel map. Before waiving the requirement for a parcel map, a determination must be made by the county surveyor, city surveyor or professional land surveyor appointed by the governing body that a survey is not required. Unless the time is extended by mutual agreement, a request for a waiver must be acted upon:

      (a) In a county whose population is 700,000 or more, within 45 days; or

      (b) In a county whose population is less than 700,000, within 60 days,

Ê after the date of the request for the waiver or, in the absence of action, the waiver shall be deemed approved.

      6.  A governing body may consider or may, by ordinance, authorize the consideration of the criteria set forth in subsection 3 of NRS 278.349 in determining whether to approve, conditionally approve or disapprove a second or subsequent parcel map for land that has been divided by a parcel map which was recorded within the 5 years immediately preceding the acceptance of the second or subsequent parcel map as a complete application.

      7.  An applicant or other person aggrieved by a decision of the governing body’s authorized representative or by a final act of the planning commission may appeal the decision in accordance with the ordinance adopted pursuant to NRS 278.3195.

      8.  If a parcel map and the associated division of land are approved or deemed approved pursuant to this section, the approval must be noted on the map in the form of a certificate attached thereto and executed by the clerk of the governing body, the governing body’s designated representative or the chair of the planning commission. A certificate attached to a parcel map pursuant to this subsection must indicate, if applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925 has been vacated or abandoned in accordance with NRS 278.480.

      Sec. 35. NRS 278.4713 is hereby amended to read as follows:

      278.4713  1.  Unless the filing of a tentative map is waived, a person who proposes to make a division of land pursuant to NRS 278.471 to 278.4725, inclusive, must first:

      (a) File a tentative map for the area in which the land is located with the planning commission or its designated representative or with the clerk of the governing body if there is no planning commission;

 


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      (b) Submit an affidavit stating that the person will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection [5] 1 of NRS 598.0923, if applicable, by the person who proposes to make a division of land or any successor in interest; and

      (c) Pay a filing fee of no more than $750 set by the governing body.

      2.  This map must be:

      (a) Entitled “Tentative Map of Division into Large Parcels”; and

      (b) Prepared and certified by a professional land surveyor.

      3.  This map must show:

      (a) The approximate, calculated or actual acreage of each lot and the total acreage of the land to be divided.

      (b) Any roads or easements of access which exist, are proposed in the applicable master plan or are proposed by the person who intends to divide the land.

      (c) Except as otherwise provided in NRS 278.329, an easement for public utilities that provide gas, electric and telecommunications services and for any video service providers that are authorized pursuant to chapter 711 of NRS to operate a video service network in that area.

      (d) Except as otherwise provided in NRS 278.329, an easement for public utilities that provide water and sewer services.

      (e) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.

      (f) An indication of any existing road or easement which the owner does not intend to dedicate.

      (g) The name and address of the owner of the land.

      4.  The planning commission and the governing body or its authorized representative shall not approve the tentative map unless the person proposing to divide the land has submitted an affidavit stating that the person will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection [5] 1 of NRS 598.0923, if applicable, by the person proposing to divide the land or any successor in interest.

      Secs. 35.5 and 35.7. (Deleted by amendment.)

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