[Rev. 9/10/2021 11:33:49 AM]

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CHAPTER 367, AB 366

Assembly Bill No. 366–Assemblywoman Tolles

 

Joint Sponsor: Senator Spearman

 

CHAPTER 367

 

[Approved: June 4, 2021]

 

AN ACT relating to mental health; exempting recordings of certain training activities from requirements concerning the retention, maintenance and disclosure of health care records under certain circumstances; requiring the destruction of such a recording after a certain period of time; prescribing certain additional requirements governing such a recording; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law imposes various requirements concerning the retention, maintenance and disclosure of health care records, including the patient or client records of a psychologist, marriage and family therapist, clinical professional counselor, social worker, independent social worker, clinical social worker, clinical alcohol and drug counselor, alcohol and drug counselor or problem gambling counselor. (NRS 629.051-629.069) This bill provides that a program of education for such mental health professionals approved by the applicable licensing board, a mental health professional or a person receiving training for mental health professionals is not required to retain a recording of the provision of services by such a mental health professional to a patient if: (1) the recording is used for a training activity; (2) the patient has provided informed written consent to the use of the recording in the training activity; (3) destroying the recording does not result in the maintenance of incomplete patient records; and (4) the recording is destroyed after a period of time prescribed by the licensing board responsible for regulating the mental health professional. This bill requires such a recording to meet certain federal requirements designed to prevent the reproduction, copying or theft of the recording. This bill also prohibits the inclusion of personally identifiable information concerning a patient or client unless the patient or client, as applicable, has provided specific informed written consent to the inclusion of that information in the 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. NRS 629.021 is hereby amended to read as follows:

      629.021  “Health care records” means , except as otherwise provided in section 2, 3, 4 or 5 of this act, any reports, notes, orders, photographs, X-rays or other recorded data or information whether maintained in written, electronic or other form which is received or produced by a provider of health care, or any person employed by a provider of health care, and contains information relating to the medical history, examination, diagnosis or treatment of the patient.

      Sec. 2. Chapter 641 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A program of education for mental health professionals approved by the Board, a mental health professional or a person receiving training for mental health professionals is not required to retain a recording of the provision of mental health services by a psychologist to a patient that meets the requirements of subsection 2 if:

 


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recording of the provision of mental health services by a psychologist to a patient that meets the requirements of subsection 2 if:

      (a) The recording is used for a training activity that is part of a program of education for mental health professionals approved by the Board;

      (b) The patient has provided informed consent in writing on a form that meets the requirements prescribed by the Board pursuant to subsection 3 to the use of the recording in the training activity;

      (c) Destroying the recording does not result in noncompliance with the obligations described in subsection 4; and

      (d) The recording is destroyed after the expiration of the period of time prescribed by the Board pursuant to paragraph (b) of subsection 3.

      2.  A recording of the provision of mental health services by a psychologist to a patient used for the purpose described in paragraph (a) of subsection 1:

      (a) Must meet all requirements of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any regulations adopted thereto, that are designed to prevent the reproduction, copying or theft of the recording; and

      (b) Must not contain any personally identifiable information relating to the patient unless the patient has provided informed consent in writing specifically authorizing the inclusion of that information in the recording.

      3.  The Board shall adopt regulations:

      (a) Prescribing requirements governing the provision of informed written consent pursuant to paragraph (b) of subsection 1, including, without limitation, requirements governing:

             (1) The form on which such informed written consent must be provided; and

             (2) The length of time that a psychologist who obtains such informed written consent must maintain the informed written consent;

      (b) Prescribing the length of time that a program of education for mental health professionals, a mental health professional or a person receiving training for mental health professionals that uses a recording of the provision of mental health services by a psychologist to a patient for the purposes described in paragraph (a) of subsection 1 may retain the recording before destroying it; and

      (c) Defining “training activity” for the purposes of this section.

      4.  The provisions of this section do not abrogate, alter or otherwise affect the obligation of a psychologist to comply with the applicable requirements of chapter 629 of NRS, including, without limitation, the requirement to retain records concerning the mental health services that he or she provides to patients in accordance with NRS 629.051 to 629.069, inclusive.

      5.  Except where necessary for compliance with subsection 4, a recording of the provision of mental health services by a psychologist to a patient that is used for a training activity by a program of education for mental health professionals, a mental health professional or a person receiving training for mental health professionals in accordance with the provisions of this section is not a health care record for the purposes of chapter 629 of NRS.

      6.  As used in this section, “mental health professional” means a psychologist, marriage and family therapist, clinical professional counselor, social worker, independent social worker, clinical social worker, clinical alcohol and drug counselor, alcohol and drug counselor or problem gambling counselor.

 


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counselor, social worker, independent social worker, clinical social worker, clinical alcohol and drug counselor, alcohol and drug counselor or problem gambling counselor.

      Sec. 3. Chapter 641A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A program of education for mental health professionals approved by the Board, a mental health professional or a person receiving training for mental health professionals is not required to retain a recording of the provision of mental health services by a marriage and family therapist or clinical professional counselor to a client that meets the requirements of subsection 2 if:

      (a) The recording is used for a training activity that is part of a program of education for mental health professionals approved by the Board;

      (b) The client has provided informed consent in writing on a form that meets the requirements prescribed by the Board pursuant to subsection 3 to the use of the recording in the training activity;

      (c) Destroying the recording does not result in noncompliance with the obligations described in subsection 4; and

      (d) The recording is destroyed after the expiration of the period of time prescribed by the Board pursuant to paragraph (b) of subsection 3.

      2.  A recording of the provision of mental health services by a marriage and family therapist or clinical professional counselor to a client used for the purpose described in paragraph (a) of subsection 1:

      (a) Must meet all requirements of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any regulations adopted thereto, that are designed to prevent the reproduction, copying or theft of the recording; and

      (b) Must not contain any personally identifiable information relating to the client unless the client has provided informed consent in writing specifically authorizing the inclusion of that information in the recording.

      3.  The Board shall adopt regulations:

      (a) Prescribing requirements governing the provision of informed written consent pursuant to paragraph (b) of subsection 1, including, without limitation, requirements governing:

             (1) The form on which such informed written consent must be provided; and

             (2) The length of time that a marriage and family therapist or clinical professional counselor who obtains such informed written consent must maintain the informed written consent;

      (b) Prescribing the length of time that a program of education for mental health professionals, a mental health professional or a person receiving training for mental health professionals that uses a recording of the provision of mental health services by a marriage and family therapist or clinical professional counselor to a client for the purposes described in paragraph (a) of subsection 1 may retain the recording before destroying it; and

      (c) Defining “training activity” for the purposes of this section.

      4.  The provisions of this section do not abrogate, alter or otherwise affect the obligation of a marriage and family therapist or clinical professional counselor to comply with the applicable requirements of chapter 629 of NRS, including, without limitation, the requirement to retain records concerning the mental health services that he or she provides to clients in accordance with NRS 629.051 to 629.069, inclusive.

 


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retain records concerning the mental health services that he or she provides to clients in accordance with NRS 629.051 to 629.069, inclusive.

      5.  Except where necessary for compliance with subsection 4, a recording of the provision of mental health services by a marriage and family therapist or clinical professional counselor to a client that is used for a training activity by a program of education for mental health professionals, a mental health professional or a person receiving training for mental health professionals in accordance with the provisions of this section is not a health care record for the purposes of chapter 629 of NRS.

      6.  As used in this section, “mental health professional” means a psychologist, marriage and family therapist, clinical professional counselor, social worker, independent social worker, clinical social worker, clinical alcohol and drug counselor, alcohol and drug counselor or problem gambling counselor.

      Sec. 4. Chapter 641B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A program of education for mental health professionals approved by the Board, a mental health professional or a person receiving training for mental health professionals is not required to retain a recording of the provision of mental health services by a social worker, independent social worker or clinical social worker to a client that meets the requirements of subsection 2 if:

      (a) The recording is used for a training activity that is part of a program of education for mental health professionals approved by the Board;

      (b) The client has provided informed consent in writing on a form that meets the requirements prescribed by the Board pursuant to subsection 3 to the use of the recording in the training activity;

      (c) Destroying the recording does not result in noncompliance with the obligations described in subsection 4; and

      (d) The recording is destroyed after the expiration of the period of time prescribed by the Board pursuant to paragraph (b) of subsection 3.

      2.  A recording of the provision of mental health services by a social worker, independent social worker or clinical social worker to a client used for the purpose described in paragraph (a) of subsection 1:

      (a) Must meet all requirements of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any regulations adopted thereto, that are designed to prevent the reproduction, copying or theft of the recording; and

      (b) Must not contain any personally identifiable information relating to the client unless the client has provided informed consent in writing specifically authorizing the inclusion of that information in the recording.

      3.  The Board shall adopt regulations:

      (a) Prescribing requirements governing the provision of informed written consent pursuant to paragraph (b) of subsection 1, including, without limitation, requirements governing:

             (1) The form on which such informed written consent must be provided; and

             (2) The length of time that a social worker, independent social worker or clinical social worker who obtains such informed written consent must maintain the informed written consent;

 


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      (b) Prescribing the length of time that a program of education for mental health professionals, a mental health professional or a person receiving training for mental health professionals that uses a recording of the provision of mental health services by a social worker, independent social worker or clinical social worker to a client for the purposes described in paragraph (a) of subsection 1 may retain the recording before destroying it; and

      (c) Defining “training activity” for the purposes of this section.

      4.  The provisions of this section do not abrogate, alter or otherwise affect the obligation of a social worker, independent social worker or clinical social worker to comply with the applicable requirements of chapter 629 of NRS, including, without limitation, the requirement to retain records concerning the mental health services that he or she provides to clients in accordance with NRS 629.051 to 629.069, inclusive.

      5.  Except where necessary for compliance with subsection 4, a recording of the provision of mental health services by a social worker, independent social worker or clinical social worker to a client that is used for a training activity by a program of education for mental health professionals, a mental health professional or a person receiving training for mental health professionals in accordance with the provisions of this section is not a health care record for the purposes of chapter 629 of NRS.

      6.  As used in this section, “mental health professional” means a psychologist, marriage and family therapist, clinical professional counselor, social worker, independent social worker, clinical social worker, clinical alcohol and drug counselor, alcohol and drug counselor or problem gambling counselor.

      Sec. 5. Chapter 641C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A program of education for mental health professionals approved by the Board, a mental health professional or a person receiving training for mental health professionals is not required to retain a recording of the provision of mental health services by a clinical alcohol and drug counselor, alcohol and drug counselor or problem gambling counselor to a client that meets the requirements of subsection 2 if:

      (a) The recording is used for a training activity that is part of a program of education for mental health professionals approved by the Board;

      (b) The client has provided informed consent in writing on a form that meets the requirements prescribed by the Board pursuant to subsection 3 to the use of the recording in the training activity;

      (c) Destroying the recording does not result in noncompliance with the obligations described in subsection 4; and

      (d) The recording is destroyed after the expiration of the period of time prescribed by the Board pursuant to paragraph (b) of subsection 3.

      2.  A recording of the provision of mental health services by a clinical alcohol and drug counselor, alcohol and drug counselor or problem gambling counselor to a client used for the purpose described in paragraph (a) of subsection 1:

      (a) Must meet all requirements of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any regulations adopted thereto, that are designed to prevent the reproduction, copying or theft of the recording; and

 


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      (b) Must not contain any personally identifiable information relating to the client unless the client has provided informed consent in writing specifically authorizing the inclusion of that information in the recording.

      3.  The Board shall adopt regulations:

      (a) Prescribing requirements governing the provision of informed written consent pursuant to paragraph (b) of subsection 1, including, without limitation, requirements governing:

             (1) The form on which such informed written consent must be provided; and

             (2) The length of time that a clinical alcohol and drug counselor, alcohol and drug counselor or problem gambling counselor who obtains such informed written consent must maintain the informed written consent;

      (b) Prescribing the length of time that a program of education for mental health professionals, a mental health professional or a person receiving training for mental health professionals that uses a recording of the provision of mental health services by a clinical alcohol and drug counselor, alcohol and drug counselor or problem gambling counselor to a client for the purposes described in paragraph (a) of subsection 1 may retain the recording before destroying it; and

      (c) Defining “training activity” for the purposes of this section.

      4.  The provisions of this section do not abrogate, alter or otherwise affect the obligation of a clinical alcohol and drug counselor, alcohol and drug counselor or problem gambling counselor to comply with the applicable requirements of chapter 629 of NRS, including, without limitation, the requirement to retain records concerning the mental health services that he or she provides to clients in accordance with NRS 629.051 to 629.069, inclusive.

      5.  Except where necessary for compliance with subsection 4, a recording of the provision of mental health services by a clinical alcohol and drug counselor, alcohol and drug counselor or problem gambling counselor to a client that is used for a training activity by a program of education for mental health professionals, a mental health professional or a person receiving training for mental health professionals in accordance with the provisions of this section is not a health care record for the purposes of chapter 629 of NRS.

      6.  As used in this section, “mental health professional” means a psychologist, marriage and family therapist, clinical professional counselor, social worker, independent social worker, clinical social worker, clinical alcohol and drug counselor, alcohol and drug counselor or problem gambling counselor.

      Sec. 6.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 to 5, inclusive, 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 July 1, 2021, for all other purposes.

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CHAPTER 368, AB 383

Assembly Bill No. 383–Assemblymen Watts, Brown-May; and C.H. Miller

 

CHAPTER 368

 

[Approved: June 4, 2021]

 

AN ACT relating to energy; requiring the Director of the Office of Energy to adopt standards of energy efficiency for certain appliances; prohibiting the sale, lease, rental or installation of certain new appliances that are not in compliance with energy efficiency standards; authorizing the Director to adopt standards of energy efficiency for certain additional appliances; requiring the Director to adopt regulations establishing a procedure for a consumer to apply for a delay in the implementation of a standard of energy efficiency for certain appliances; requiring a manufacturer to submit a certification for certain appliances prior to sale; authorizing the Director to take certain actions to investigate possible violations; establishing a civil penalty for violations; authorizing the adoption of appliance standards to facilitate the implementation of flexible demand technology; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Sections 2-30 of this bill establish definitions for terms related to the energy efficiency of appliances.

      Section 31 of this bill requires the Director of the Office of Energy to adopt regulations establishing minimum standards of energy efficiency for certain appliances sold in this State and methods for verifying whether appliances comply with those standards. Section 31 prohibits, after certain dates, the sale, lease, rental or installation of a new appliance that does not meet the standards for energy efficiency adopted by the Director. Section 31 prescribes minimum standards of energy efficiency which the standards of energy efficiency adopted by the Director must meet or exceed.

      Section 32 of this bill authorizes the Director, if certain findings are made, to adopt standards of energy efficiency for appliances other than the appliances for which standards of energy efficiency are specifically required to be adopted by this bill. Section 32 prohibits, after certain dates, the sale, lease, rental or installation of a new appliance that does not meet the standards for energy efficiency adopted by the Director pursuant to that section.

      Section 32.5 of this bill requires the Director to adopt regulations establishing a procedure for a consumer to apply to the Director to delay by not more than 1 year the implementation of a standard of energy efficiency for an appliance. Section 32.5 authorizes the Director to grant such a request if the consumer has set forth sufficient evidence that the requirement to procure an appliance that meets the established standard would impose an unreasonable burden on consumers in this State.

      Section 34 of this bill requires a manufacturer, before an appliance is made available for sale, lease or rent in this State, to submit to the Director a certification for the appliance demonstrating that the appliance complies with the energy efficiency standards established by the Director. Section 34 requires a manufacturer to ensure that a new appliance that has received a certification demonstrating that it complies with the minimum standards of energy efficiency includes a mark, label or tag at the time of sale or installation identifying the appliance as a certified appliance. Section 34 requires the Director to adopt regulations governing the certification of appliances and the labeling of certified appliances.

 


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      Section 35 of this bill authorizes the Director to investigate complaints concerning alleged violations of the provisions of this bill. Section 35 establishes a civil penalty for violations of the provisions of this bill and authorizes the Attorney General to institute a civil action against a manufacturer, distributor, retailer or installer for such violations.

      Section 36 of this bill authorizes the Director to adopt regulations to carry out the provisions of this bill and requires the Director, in designing such regulations, to attempt to minimize the cost to consumers for appliances.

      Section 37 of this bill authorizes the Director to adopt standards for appliances and other provisions to facilitate the deployment of flexible demand technologies.

      Section 38 of this bill excludes certain appliances from the provisions of this bill.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 701 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 38, inclusive, of this act.

      Sec. 2. As used in sections 2 to 38, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 30, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Air purifier” means an electric, cord-connected, portable appliance with the primary function of removing particulate matter from the air and which can be moved from room to room.

      Sec. 4. “Cold only water cooler” means a water cooler that dispenses cold water only.

      Sec. 5. “Cold-temperature fluorescent lamp” means a fluorescent lamp that:

      1.  Is not a compact fluorescent lamp;

      2.  Is specifically designed to operate at temperatures as low as -20 degrees Fahrenheit when used with a ballast conforming to the requirements of Standard Nos. C78.81 and C78.901 of the American National Standards Institute; and

      3.  Is expressly designated as a cold-temperature fluorescent lamp both in markings on the lamp and in marketing materials, including, without limitation, catalogs, sales literature or promotional materials.

      Sec. 6. “Commercial dishwasher” means a machine designed to clean and sanitize plates, pots, pans, glasses, cups, bowls, utensils and trays by applying sprays of detergent solution, with or without blasting media granules, and a sanitizing rinse, and which is distributed for industrial or commercial use.

      Sec. 7. “Commercial fryer” means an appliance, including, without limitation, a cooking vessel, in which:

      1.  Oil is placed to such a depth that the cooking food is essentially supported by displacement of the cooking fluid rather than by the bottom of the vessel.

      2.  Heat is delivered to the cooking fluid by means of an immersed electric element or band-wrapped vessel for electric fryers or by heat transfer from gas burners through either the walls of the fryer or through tubes passing through the cooking fluid for gas fryers.

      Sec. 8. “Commercial hot-food holding cabinet”:

      1.  Means a heated, fully enclosed compartment with one or more solid or transparent doors designed to maintain the temperature of hot food that has been cooked using a separate appliance.

 


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      2.  Does not include heated glass merchandizing cabinets, drawer warmers or cook-and-hold appliances.

      Sec. 9. “Commercial oven” means a chamber designed for heating, roasting or baking food by conduction, convection, radiation or electromagnetic energy and which is distributed for industrial or commercial use.

      Sec. 10. “Commercial steam cooker”:

      1.  Means a device with one or more food steaming compartments in which the energy in the steam is transferred to the food by direct contact.

      2.  Includes, without limitation, countertop models, wall-mounted models and floor models mounted on a stand, pedestal or cabinet-style base.

      Sec. 11. “Compensation” means money or any other thing of value, regardless of form, received by a person for services rendered.

      Sec. 12. “Computer”:

      1.  Means a device that performs logical operations and processes data and is composed of, at a minimum:

      (a) A central processing unit to perform operations or, if no central processing unit is present, then the device must function as a client gateway to a server and the server acts as a computational central processing unit;

      (b) The ability to support user input devices such as a keyboard, mouse or touchpad; and

      (c) An integrated display screen or the ability to support an external display screen to output information.

      2.  Includes both stationary and portable units, and includes, without limitation, a desktop computer, portable all-in-one computer, notebook computer, mobile gaming system, high-expandability computer, small-scale server, thin client or workstation.

      3.  Does not include a tablet, game console, television, small computer device, server other than a small-scale server or an industrial computer.

      Sec. 13. “Computer monitor”:

      1.  Means an analog or digital device of diagonal screen size not less than 17 inches and not more than 61 inches, that has a pixel density of more than 5,000 pixels per square inch and that is designed primarily for the display of computer generated signals for viewing by one person in a desk-based environment and which is composed of a display screen and associated electronics.

      2.  Does not include:

      (a) Displays with integrated or replaceable batteries designed to support primary operation without alternating current mains or external direct current power, including, without limitation, electronic readers, mobile phones, tablets and battery-powered digital frames; or

      (b) A television or signage display.

      Sec. 14. “Cook and cold water cooler” means a water cooler that dispenses both cold water and room-temperature water.

      Sec. 15. “Decorative gas fireplace” means a vented fireplace, including, without limitation, an appliance that is freestanding, recessed or zero clearance or a gas fireplace insert, that is:

      1.  Fueled by natural gas or propane;

      2.  Marked for decorative use only; and

      3.  Not equipped with a thermostat or intended for use as a heater.

 


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      Sec. 15.5. “Distributor” means a person:

      1.  Whose primary business is the wholesale distribution of commercial goods for resale;

      2.  Who maintains an inventory of commercial goods for resale;

      3.  Who has the right to sell or distribute commercial goods in this State for resale to retailers or other resellers or to an industrial or commercial manufacturer; and

      4.  Who conducts business in this State.

      Sec. 16. “Electric vehicle supply equipment”:

      1.  Means the conductors, including, without limitation, the ungrounded, grounded and equipment-grounding conductors, the electric vehicle connectors, the attachment plugs and all other fittings, devices, power outlets or apparatuses, installed specifically for the purpose of delivering energy from the premises wiring to the electric vehicle.

      2.  Does not include conductors, connectors and fittings that are part of a vehicle.

      Sec. 17. “Flexible demand” means the capability to schedule, shift or curtail the electrical demand of a customer of a utility through direct action by the customer or through action by a third party, the utility or a grid-balancing authority, with the consent of the customer.

      Sec. 18. “Gas fireplace” means a decorative gas fireplace or a heating gas fireplace.

      Sec. 19. “Heating gas fireplace” means a vented fireplace, including, without limitation, an appliance that is freestanding, recessed or zero clearance or a gas fireplace insert, that is:

      1.  Fueled by natural gas or propane; and

      2.  Not a decorative gas fireplace.

      Sec. 20. “High color rendering index fluorescent lamp” means a fluorescent lamp with a color rendering index of 87 or more that is not a compact fluorescent lamp.

      Sec. 21. “Hot and cold water cooler” means a water cooler that dispenses both hot and cold water and which may or may not dispense room-temperature water.

      Sec. 22. “Impact-resistant fluorescent lamp” means a fluorescent lamp that:

      1.  Is not a compact fluorescent lamp;

      2.  Has a coating or equivalent technology that is compliant with Standard No. 51 of the American National Standards Institute and is designed to contain the glass if the glass envelope of the lamp is broken; and

      3.  Is designated and marketed for the intended application with:

      (a) The designation on the lamp packaging; and

      (b) Marketing materials that identify the lamp as being impact-resistant, shatter-resistant, shatterproof or shatter-protected.

      Sec. 23. “Industrial air purifier” means an indoor air-cleaning device manufactured, advertised, marketed, labeled and used solely for industrial use and that is marketed solely through industrial supply outlets or businesses and prominently labeled as follows: “Solely for industrial use. Potential health hazard: emits ozone.”

      Sec. 23.3. “Installer” means a person engaged in the attachment of a regulated appliance or an appliance for which the Director has adopted a minimum standard of energy efficiency pursuant to section 32 of this act that the installer has purchased or been contracted to attach to a structure by means of the electrical, plumbing or ventilation system of the structure.

 


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that the installer has purchased or been contracted to attach to a structure by means of the electrical, plumbing or ventilation system of the structure.

      Sec. 23.7. “Manufacturer” means a person who makes new products by hand or machine.

      Sec. 24. “New” means that an appliance has not previously been sold to an end user.

      Sec. 25. “On-demand” means a water cooler that heats water as it is requested, and which may take a few minutes to deliver hot water.

      Sec. 26. “Portable electric spa” means a factory-built electric spa or hot tub which may or may not include any combination of integral controls, water heating or water-circulating equipment.

      Sec. 27. “Regulated appliance” includes the following appliances:

      1.  An air purifier that is not an industrial air purifier;

      2.  A cold-temperature fluorescent lamp;

      3.  A commercial dishwasher;

      4.  A commercial fryer;

      5.  A commercial hot-food holding cabinet;

      6.  A commercial oven;

      7.  A commercial steam cooker;

      8.  A computer;

      9.  A computer monitor;

      10.  Electric vehicle supply equipment;

      11.  A gas fireplace;

      12.  A high color rendering index fluorescent lamp;

      13.  An impact-resistant fluorescent lamp;

      14.  A portable electric spa;

      15.  A residential ventilating fan; and

      16.  A water cooler.

      Sec. 28. “Residential ventilating fan” means a ceiling or wall-mounted fan, or remotely mounted in-line fan, designed to be used in a bathroom or utility room for the purpose of moving air from inside the building to outside the building.

      Sec. 28.5. “Retailer” means a person engaged in the business of making retail sales of regulated appliances or appliances for which the Director has adopted a minimum standard of energy efficiency pursuant to section 32 of this act within this State.

      Sec. 29. “Storage-type”:

      1.  Means a water cooler that stores thermally conditioned water in a tank and makes such water available instantaneously.

      2.  Includes point-of-use, dry storage compartment and bottled water coolers.

      Sec. 30. “Water cooler” means a freestanding device that consumes energy to cool or heat potable water.

      Sec. 31. 1.  Not later than October 1, 2022, the Director of the Office of Energy shall adopt regulations establishing minimum standards of energy efficiency for regulated appliances and methods for verifying whether a regulated appliance complies with those standards.

      2.  On and after July 1, 2023, a new regulated appliance may not be sold, leased or rented in this State, or offered for sale, lease or rent in this State, unless it meets or exceeds the minimum standards of energy efficiency established by the Director pursuant to subsection 1. If the Director amends the regulations adopted pursuant to subsection 1 to establish more stringent standards of energy efficiency for regulated appliances, the Director shall establish an effective date for such amended regulations which must be not earlier than 365 days after the date on which the amended regulations are filed with the Secretary of State pursuant to NRS 233B.070.

 


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ê2021 Statutes of Nevada, Page 2202 (CHAPTER 368, AB 383)ê

 

appliances, the Director shall establish an effective date for such amended regulations which must be not earlier than 365 days after the date on which the amended regulations are filed with the Secretary of State pursuant to NRS 233B.070.

      3.  On and after January 1, 2024, a new regulated appliance may not be installed for compensation in this State unless it meets or exceeds the minimum standards of energy efficiency established by the Director pursuant to subsection 1. If the Director amends the regulations adopted pursuant to subsection 1 to establish more stringent standards of energy efficiency for new regulated appliances, beginning 1 year after the amended regulations are filed with the Secretary of State pursuant to NRS 233B.070, it shall be unlawful to install for compensation in this State a new regulated appliance that does not meet or exceed the more stringent standards of energy efficiency adopted by the Director.

      4.  The minimum standards of energy efficiency for regulated appliances adopted by the Director pursuant to subsection 1 must meet or exceed the following standards:

      (a) An air purifier which is not an industrial air purifier must meet the following requirements as measured in accordance with version 2.0 of the “ENERGY STAR Product Specification for Room Air Cleaners” adopted by the United States Environmental Protection Agency:

             (1) The clean air delivery rate for smoke must be not less than 30 cubic feet per minute;

             (2) For models with a clean air delivery rate for smoke that is less than 100 cubic feet per minute, the clean air delivery rate per watt for smoke must be not less than 1.7 cubic feet per minute;

             (3) For models with a clean air delivery rate for smoke that is 100 or more but less than 150 cubic feet per minute, the clean air delivery rate per watt for smoke must be not less than 1.9 cubic feet per minute;

             (4) For models with a clean air delivery rate for smoke that is 150 or more cubic feet per minute, the clean air delivery rate per watt for smoke must be not less than 2.0 cubic feet per minute;

             (5) For ozone-emitting models, the measured ozone must be not more than 50 parts per billion;

             (6) For models with a wireless fidelity network connection enabled by default when shipped, the energy consumed when in partial on mode power must be not more than 2 watts; and

             (7) For models without a wireless fidelity network connection enabled by default when shipped, the energy consumed when in partial on mode must be not more than 1 watt.

      (b) Commercial dishwashers included in the scope of version 2.0 of the “ENERGY STAR Program Requirements Product Specification for Commercial Dishwashers” must meet the eligibility criteria of that specification.

      (c) Commercial fryers included in the scope of version 2.0 of the “ENERGY STAR Program Requirements Product Specification for Commercial Fryers” must meet the criteria of that specification.

      (d) Commercial hot food holding cabinets included in the scope of version 2.0 of the “ENERGY STAR Program Requirements Product Specification for Commercial Hot Food Holding Cabinets” must meet the criteria of that specification.

 


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      (e) Commercial ovens included in the scope of version 2.2 of the “ENERGY STAR Program Requirements Product Specification for Commercial Ovens” must meet the criteria of that specification.

      (f) Commercial steam cookers included in the scope of version 1.2 of the “ENERGY STAR Program Requirements Product Specification for Commercial Steam Cookers” must meet the criteria of that specification.

      (g) Computers and computer monitors must meet the requirements set forth in section 1605.3(v) of Title 20 of the California Code of Regulations as in effect on January 1, 2020, and the test procedures for computers and computer monitors adopted by the Director must be in accordance with the testing method prescribed in section 1604(v) of Title 20 of the California Code of Regulations as in effect on January 1, 2020, except that the Director may elect to amend the test procedure to reflect changes to section 1604(v) of Title 20 of the California Code of Regulations that occur after January 1, 2020.

      (h) Electric vehicle supply equipment included in the scope of version 1.0 of the “ENERGY STAR Program Requirements for Electric Vehicle Supply Equipment” must meet the eligibility criteria of that specification.

      (i) Gas fireplaces must:

             (1) Be capable of automatically extinguishing any pilot flame when the main gas burner flame is extinguished.

             (2) Prevent any ignition source for the main gas burner flame from operating continuously for more than 7 days.

             (3) If the gas fireplace is a heating gas fireplace, have a fireplace efficiency greater than or equal to 50 percent when tested in accordance with Standard No. P.4.1-15 of the Canadian Standards Association, “Testing Method for Measuring Annual Fireplace Efficiency.”

      (j) High color rendering index fluorescent lamps, cold temperature fluorescent lamps and impact-resistant fluorescent lamps must meet the minimum efficacy requirements contained in 10 C.F.R. § 430.32(n)(4), as in effect on January 1, 2020, as measured in accordance with 10 C.F.R. Part 430, subpart B, Appendix R, “Uniform Test Method for Measuring Average Lamp Efficacy (LE), Color Rendering Index (CRI), and Correlated Color Temperature (CCT) of Electric Lamps,” as in effect on January 1, 2020.

      (k) Portable electric spas must meet the requirements of the “American National Standard for Portable Electric Spa Energy Efficiency,” ANSI/APSP/ICC 14-2019 of the Association of Pool and Spa Professionals.

      (l) In-line residential ventilating fans must have a fan motor efficacy of not less than 2.8 cubic feet per minute per watt.

      (m) Residential ventilating fans other than in-line residential ventilating fans must have a fan motor efficacy of not less than 1.4 cubic feet per minute per watt for airflows less than 90 cubic feet per minute and not less than 2.8 cubic feet per minute per watt for other airflows when tested in accordance with HVI Publication 916, “HVI Airflow Test Procedure,” of the Home Ventilating Institute.

      (n) Water coolers included in the scope of version 2.0 of the “ENERGY STAR Program Requirements Product Specification for Water Coolers” must have an on mode with no water draw energy consumption of the following values as measured in accordance with the test requirements of that specification:

 


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ê2021 Statutes of Nevada, Page 2204 (CHAPTER 368, AB 383)ê

 

             (1) Not more than 0.16 kilowatt-hours per day for cold only water coolers and cook and cold water coolers;

             (2) Not more than 0.87 kilowatt-hours per day for storage-type hot and cold water coolers; and

             (3) Not more than 0.18 kilowatt-hours per day for on-demand hot and cold water coolers.

      Sec. 32. 1.  The Director may adopt regulations establishing minimum standards of energy efficiency for new appliances other than regulated appliances and methods for verifying whether such an appliance complies with those standards upon a finding that the adoption of such standards would serve to promote energy or water conservation in this State and would be cost effective for consumers who purchase and use such new appliances.

      2.  The Director shall establish an effective date for regulations adopted pursuant to subsection 1 which must be not earlier than 365 days after the date on which the regulations are filed with the Secretary of State pursuant to NRS 233B.070.

      3.  On and after the effective date of any regulations adopted pursuant to subsection 1, a new appliance may not be sold, leased or rented in this State or offered for sale, lease or rent in this State unless it meets or exceeds the minimum standards of energy efficiency established by the Director pursuant to subsection 1.

      4.  Beginning 1 year after the effective date of any regulations adopted pursuant to subsection 1, it shall be unlawful to install for compensation in this State a new appliance that does not meet or exceed the standards of energy efficiency adopted by the Director pursuant to subsection 1.

      Sec. 32.5. 1.  The Director shall adopt regulations establishing a procedure whereby a consumer may apply to the Director to delay the implementation of a minimum standard of energy efficiency adopted pursuant to section 31 or 32 of this act for a period of not more than 1 year. The Director may grant a request to delay the implementation of a minimum standard of energy efficiency adopted pursuant to section 31 or 32 of this act if the Director determines that the consumer has set forth sufficient evidence that a requirement to procure a product that conforms to the minimum standard would impose an unreasonable burden on consumers in this State.

      2.  As used in this section, “unreasonable burden” includes, without limitation, fewer than three manufacturers having a product that conforms to the minimum standard available for purchase.

      Sec. 33.  (Deleted by amendment.)

      Sec. 34. 1.  Before a new regulated appliance is made available for sale, lease or rent in this State, the manufacturer of the regulated appliance shall submit to the Director a certification which demonstrates that the regulated appliance complies with the minimum standard of energy efficiency for that appliance adopted by the Director pursuant to section 31 of this act.

      2.  Before a new appliance for which the Director has adopted a minimum standard of energy efficiency pursuant to section 32 of this act is made available for sale, lease or rent in this State, the manufacturer of the appliance shall submit to the Director a certification which demonstrates that the appliance complies with the minimum standard of energy efficiency for that appliance adopted by the Director pursuant to section 32 of this act.

 


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ê2021 Statutes of Nevada, Page 2205 (CHAPTER 368, AB 383)ê

 

      3.  A manufacturer of regulated appliances or appliances for which the Director has adopted a minimum standard of energy efficiency pursuant to section 32 of this act shall comply with such other requirements or submit such other information as the Director may require by regulation.

      4.  The Director shall adopt regulations governing the certification of regulated appliances or appliances for which the Director has adopted a minimum standard of energy efficiency pursuant to section 32 of this act. In doing so, the Director shall coordinate with the certification programs of other states and federal agencies with similar standards of energy efficiency.

      5.  A manufacturer shall ensure that, at the time of sale or installation, a new appliance for which the manufacturer has submitted a certification pursuant to subsection 1 or 2 includes a mark, label or tag on the product and packaging of the appliance which identifies the appliance as meeting the standards of energy efficiency established by the Director pursuant to sections 31 and 32 of this act. The Director shall adopt regulations governing the identification of certified appliances through the inclusion of a mark, label or tag, coordinating to the greatest practical extent with the labeling programs of other states and federal agencies with equivalent standards of energy efficiency. The Director shall permit the use of existing marks, labels or tags which connote compliance with the standards of energy efficiency adopted pursuant to sections 31 and 32 of this act.

      Sec. 35. 1.  The Director may investigate complaints received concerning alleged violations of sections 2 to 38, inclusive, of this act and may report any alleged violation of sections 2 to 38, inclusive, of this act which the Director verifies or discovers after investigation to the Attorney General.

      2.  Whenever it appears that a manufacturer, distributor, retailer or installer has violated or is violating the provisions of sections 2 to 38, inclusive, of this act, the Attorney General may institute a civil action in any district court of this State for injunctive relief to restrain the violation and for the assessment and recovery of a civil penalty.

      3.  Any manufacturer, distributor, retailer or installer who violates any of the provisions of sections 2 to 38, inclusive, of this act must, for a first time violation, be issued a warning and, for any subsequent violation, is liable to the State for a civil penalty of:

      (a) For the first time a civil penalty is assessed, not more than $100 for each day of violation and for each act of violation.

      (b) For any subsequent assessment of a civil penalty, not more than $500 for each day of violation and for each act of violation.

      4.  Nothing in this section or in sections 2 to 38, inclusive, of this act shall be construed to require a city or county to take any action or to enforce the provisions of sections 2 to 38, inclusive, of this act.

      Sec. 36. The Director may adopt such regulations as are necessary to carry out the provisions of sections 2 to 38, inclusive, of this act. In designing such regulations, the Director shall attempt to minimize the overall cost to consumers for regulated appliances and appliances for which the Director has adopted a minimum standard of energy efficiency pursuant to section 32 of this act, considering the needs of consumers related to appliances, technological feasibility and anticipated product availability and performance.

 


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ê2021 Statutes of Nevada, Page 2206 (CHAPTER 368, AB 383)ê

 

      Sec. 37. 1.  The Director may adopt by regulation standards for appliances and other provisions which are necessary and convenient to facilitate the deployment of flexible demand technologies, including, without limitation, regulations relating to the labeling of appliances incorporating flexible demand technologies to promote the use of such appliances. Any such regulations must be based on feasible and attainable efficiencies or feasible improvements that will enable appliance operations to be scheduled, shifted or curtailed to reduce emissions of greenhouse gases associated with electricity generation.

      2.  The Director shall establish an effective date for regulations adopted pursuant to subsection 1 which must be not earlier than 365 days after the date on which the regulations are filed with the Secretary of State pursuant to NRS 233B.070.

      3.  In establishing standards for appliances pursuant to subsection 1, the Director shall:

      (a) Consider the reliability and cybersecurity protocols of the National Institute of Standards and Technology of the United States Department of Commerce, or other cybersecurity protocols that are equally or more protective and adopt, at minimum, the North American Electric Reliability Corporation Critical Infrastructure Protection Standards, as those standards exist on the effective date of this act.

      (b) Consult with the Public Utilities Commission of Nevada and electric utilities to better align the flexible demand appliance standards with demand response programs and to incentivize the deployment of flexible demand appliances.

      4.  Flexible demand appliance standards adopted pursuant to subsection 1 must prioritize:

      (a) Appliances that can more conveniently have their electrical demand controlled by load-management technology and third-party load-management programs.

      (b) Appliances with load-management technology options that are readily available.

      (c) Appliances that have a user-friendly interface and follow a straightforward setup and connection process, such as remote setup by means of an Internet website or application.

      (d) Appliances with load-management technology options that follow simple standards for third-party direct operation of the appliances.

      (e) Appliances that are interoperable or open source.

      Sec. 38. The provisions of sections 2 to 38, inclusive, of this act, and any regulations adopted pursuant thereto, do not apply to:

      1.  A new appliance manufactured in this State and sold outside of this State.

      2.  A new appliance sold at wholesale in this State for final retail sale outside of this State.

      3.  An appliance installed in a mobile home or manufactured home at the time of construction.

      4.  An appliance designed expressly for installation and use in a recreational vehicle, as defined in NRS 482.101.

      Sec. 39.  This act becomes effective on July 1, 2021.

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ê2021 Statutes of Nevada, Page 2207ê

 

CHAPTER 369, AB 385

Assembly Bill No. 385–Assemblywomen Benitez-Thompson and Brittney Miller

 

CHAPTER 369

 

[Approved: June 4, 2021]

 

AN ACT relating to public employment; revising provisions relating to the compensation received by officers and employees of certain public bodies; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      With certain exceptions, this bill prohibits a public body from entering into an employment contract that entitles an officer or employee of the public body to receive: (1) any fringe benefit, unless the public body has adopted a policy authorizing all persons employed in a similar position to receive the benefit; (2) any bonus, unless the bonus is based on merit and awarded at a public meeting; and (3) certain wages or other payments upon the termination of the employment of the officer or employee for cause or resignation of the officer or employee when an investigation relating to his or her employment is pending. This bill also prescribes certain payments and benefits to which an officer or employee of a public body is entitled or remains entitled upon termination of employment. This bill exempts from these requirements employment contracts for officers and employees of the Nevada System of Higher Education and employment contracts that are negotiated pursuant to a collective bargaining agreement.

      For the purposes of this bill, the term “public body” has the same meaning as in the Open Meeting Law. (NRS 241.015)

 

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

      1.  Except as otherwise provided in this section, a public body shall not enter into an employment contract that entitles an officer or employee of the public body to receive:

      (a) Any fringe benefit, unless the public body has adopted a policy authorizing all persons employed by the public body in a similar position to receive the benefit.

      (b) Any bonus, unless the bonus is based on merit and awarded at a public meeting.

      (c) Upon the termination of the employment of the officer or employee for cause or the resignation of the officer or employee when an investigation relating to his or her employment is pending, any:

             (1) Wages in lieu of notice or administrative leave;

             (2) Salary, benefits or equivalent compensation, including, without limitation, severance pay;

             (3) Bonus; or

             (4) Other form of payment.

 


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ê2021 Statutes of Nevada, Page 2208 (CHAPTER 369, AB 385)ê

 

      2.  Upon the termination of the employment of an officer or employee of a public body, the person:

      (a) Must be paid for any portion of accumulated annual leave and compensatory time and unused sick leave authorized by law or policy of the public body.

      (b) Remains entitled to any pension or retirement benefit provided by the Public Employees’ Retirement System or other retirement or pension program of which he or she is a member.

      3.  Nothing in this section shall be construed to limit or prohibit:

      (a) A person from:

             (1) Receiving compensation for past services upon his or her termination;

             (2) Bringing any cause of action for wrongful or unlawful acts committed against the person relating to his or her employment or termination; or

             (3) Accepting any legal or equitable relief awarded or recovered for wrongful or unlawful acts committed against the person relating to his or her employment or termination.

      (b) A public body from entering into an agreement to pay the cost of purchasing credit for service on behalf of an officer or employee pursuant to NRS 286.3007 or under any other retirement or pension program, if applicable.

      4.  The provisions of this section do not apply to:

      (a) Any contract negotiated pursuant to a collective bargaining agreement.

      (b) Officers and employees of the Nevada System of Higher Education.

      5.  As used in this section, “public body” has the meaning ascribed to it in NRS 241.015.

      Sec. 2. (Deleted by amendment.)

      Sec. 3.  The amendatory provisions of this act do not apply to a contract entered into before December 1, 2022, but do apply to any renewal or extension of such a contract.

      Sec. 4.  This act becomes effective on December 1, 2022.

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ê2021 Statutes of Nevada, Page 2209ê

 

CHAPTER 370, AB 399

Assembly Bill No. 399–Committee on Natural Resources

 

CHAPTER 370

 

[Approved: June 4, 2021]

 

AN ACT relating to eggs; prohibiting certain farm owners or operators in this State from knowingly confining egg-laying hens in certain enclosures; exempting from certain provisions governing the production, sale and transport of egg farm owners or operators with an annual shell egg production from 3,000 or fewer egg-laying hens under certain circumstances; requiring certain farm owners or operators to obtain an endorsement stating that the egg products or shell eggs sold, offered or exposed for sale or transported for sale within this State were produced by an egg-laying hen housed in an enclosure that is not prohibited; authorizing the State Department of Agriculture to deny, suspend or revoke such an endorsement for certain causes; providing for an appeal within 10 business days after such an action; prohibiting certain acts related to the sale of egg products in shell eggs; providing that the Department or an authorized inspector or agent of the Department is entitled to free access during regular business hours to the farm, business or records of certain farm owners or operators or a business owner or operator to carry out certain inspections; authorizing the State Quarantine Officer to adopt regulations; providing a civil penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth various provisions governing the grades and standards for the sale of eggs in this State. (NRS 583.110-583.210) Sections 1.3-22 of this bill enact provisions to prohibit an egg product or egg from being sold, offered for sale or transported for the purpose of sale within this State that is produced by an egg-laying hen that is confined in certain enclosures.

      Section 1.3 of this bill provides that the Legislature finds and declares that the regulation of egg production on farms and of the sale of eggs and egg products in this State is necessary to protect the health and welfare of its citizens, promote food safety and advance animal welfare.

      Section 1.5 of this bill provides that the provisions of sections 1.3-22 do not apply to the production, sale or transport for sale in this State of shell eggs by a farm owner or operator who has an annual shell egg production from 3,000 or fewer egg-laying hens if all shell eggs sold or transported for sale in this State by the farm owner or operator are derived from the 3,000 or fewer egg-laying hens.

      Section 15 of this bill prohibits, on or after July 1, 2022, certain farm owners or operators in this State from knowingly confining an egg-laying hen in an enclosure which has less than 1 square foot of usable floor space per egg-laying hen. Section 15 prohibits, on or after January 1, 2024, certain farm owners or operators in this State from knowingly confining an egg-laying hen in an enclosure which: (1) is not a cage-free housing system; or (2) is a cage-free housing system that has insufficient usable floor space for each egg-laying hen. Section 5 of this bill provides that an egg-laying hen is a female chicken, turkey, duck, goose or guinea fowl that is domesticated and is kept for the purpose of producing eggs commercially. Section 3 of this bill provides that a cage-free housing system is an enclosure for egg-laying hens which is located indoors or outdoors, in which egg-laying hens are unrestricted and free to roam under certain circumstances and which: (1) provides egg-laying hens enrichment that allows them to exhibit natural behaviors; (2) enables farm employees to provide care while standing within the usable floor space of the system; and (3) for a system located indoors, allows the egg-laying hens to be unrestricted and free to roam within the system.

 


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ê2021 Statutes of Nevada, Page 2210 (CHAPTER 370, AB 399)ê

 

to provide care while standing within the usable floor space of the system; and (3) for a system located indoors, allows the egg-laying hens to be unrestricted and free to roam within the system. Section 15 exempts from this prohibition certain confinements of an egg-laying hen if the egg-laying hen is confined during certain activities.

      Existing law requires a person who is an actual producer of farm products, including, without limitation, eggs, to obtain a certificate as an actual producer of farm products from the State Department of Agriculture. (NRS 576.128; NAC 576.300-576.440) Before selling, offering or exposing for sale or transporting for sale egg products or shell eggs within this State, section 16 of this bill requires certain farm owners or operators to obtain from the Department an endorsement of the certificate indicating that the egg products or shell eggs sold, offered or exposed for sale or transported for sale within this State are produced by an egg-laying hen which was confined in a manner that complies with section 15. Section 16 requires the farm owner or operator to submit certain information to the Department to apply for such an endorsement, including evidence that the enclosure for egg-laying hens has been inspected by a government inspector or a private inspection or process verification provider to ensure compliance. Section 16 provides that an endorsement is valid for the same period as the certificate as an actual producer issued to the farm owner or operator. Section 16 additionally sets forth how such an endorsement may be renewed and authorizes the Department to require an inspection of the enclosure for egg-laying hens before renewing the endorsement.

      Section 17 of this bill authorizes the Department to deny an application for an endorsement or a renewal of an endorsement or to suspend or revoke an endorsement upon the following grounds: (1) the failure or refusal of the farm owner or operator to comply with the provisions governing cage-free housing systems; (2) the failure or refusal of the farm owner or operator to cooperate with an inspection; or (3) the farm owner or operator selling, offering or exposing for sale or transporting for sale egg products or shell eggs within this State without an endorsement. Section 18 of this bill provides that a farm owner or operator whose endorsement is denied, suspended or revoked may, not later than 10 business days after such denial, suspension or revocation, file a notice of appeal to the Department.

      Section 19 of this bill prohibits a business owner or operator from knowingly selling, offering or exposing for sale or transporting for sale certain egg products or shell eggs within this State that the business owner or operator knows or should have known were produced by an egg-laying hen which was confined in a manner that conflicts with the standards set forth in section 15. Section 19 requires a business owner or operator to: (1) obtain a copy of the certificate with the endorsement issued pursuant to section 16 issued to certain farm owners or operators before doing business with the farm owner or operator; (2) retain a copy of the certificate; and (3) provide the copy of the certificate to the Department upon request. Section 19 provides that it is a defense to any action to enforce this bill that a business owner or operator relied in good faith upon a certificate obtained from a farm owner or operator.

      Section 20 of this bill requires the Department to enforce the provisions of this bill. Section 20 provides that the Department or an authorized inspector or agent of the Department is entitled to free access during regular business hours to the farm, business or records of certain farm owners or operators or a business owner or operator to ensure compliance with the provisions of this bill.

      Section 21 of this bill authorizes the State Quarantine Officer to adopt such regulations as he or she deems necessary to carry out the provisions of this bill.

      Existing law provides that any person violating certain provisions is subject to a civil penalty that does not exceed: (1) for the first violation, $250; (2) for the second violation, $500; and (3) for each subsequent violation, $1,000. (NRS 583.700) Section 22 of this bill provides that any person who violates any of the provisions of this bill is subject to these civil penalties.

 


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ê2021 Statutes of Nevada, Page 2211 (CHAPTER 370, AB 399)ê

 

      Section 23 of this bill provides that this bill is in addition to and supplemental to the powers conferred by any other law protecting animal welfare. Section 23 provides that the provisions of this bill must not be construed as to prevent the exercise of any power granted by any other law to any officer, agent or employee of this State or of a county or local governing body in this State that protect animal welfare. Section 23 provides that this bill does not prevent a county or local governing body from adopting and enforcing its own animal welfare rules or ordinances that are more stringent than the provisions of this bill.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 583 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 to 22, inclusive, of this act.

      Sec. 1.3. The Legislature finds and declares that that the regulation of egg production on farms in this State and the regulation of the sale of eggs and egg products in this State is necessary to:

      1.  Protect the health and welfare of consumers and its citizens;

      2.  Promote food safety; and

      3.  Advance animal welfare.

      Sec. 1.5. The provisions of sections 1.3 to 22, inclusive, of this act do not apply to the production, sale or transport for sale in this State of shell eggs by a farm owner or operator with an annual shell egg production from 3,000 or fewer egg-laying hens if all shell eggs sold or transported for sale in this State by the owner or operator are derived from the 3,000 or fewer egg-laying hens.

      Sec. 1.7. As used in sections 1.3 to 22, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 2 to 14, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 2. “Business owner or operator” means any person who owns or controls the operations of a business.

      Sec. 3. 1.  “Cage-free housing system” means an enclosure for egg-laying hens which is located indoors or outdoors, in which egg-laying hens are unrestricted and free to roam except as otherwise provided in paragraph (c), and which:

      (a) Provides egg-laying hens enrichment that allows the egg-laying hens to exhibit natural behaviors, including, without limitation, scratch areas, perches, nest boxes and dust bathing areas;

      (b) Enables farm employees to provide care while standing within the usable floor space for the egg-laying hens; and

      (c) For a system located indoors, allows the egg-laying hens to be unrestricted and free to roam, except for the presence of:

             (1) Exterior walls; and

             (2) Interior fencing that is used to contain the entire flock of egg-laying hens within the system or to subdivide the flock of egg-laying hens into smaller groups if such interior fencing:

                   (I) Enables farm employees to walk through each contained or subdivided area to provide care to egg-laying hens; and

                   (II) Provides each egg-laying hen the minimum amount of usable floor space, as set forth in section 15 of this act.

 


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ê2021 Statutes of Nevada, Page 2212 (CHAPTER 370, AB 399)ê

 

      2.  The term includes, without limitation:

      (a) Multi-tiered aviaries, partially slatted systems and single-level, all-litter floor systems which satisfy the conditions set forth in paragraphs (a), (b) and (c) of subsection 1; and

      (b) Any future systems which satisfy the conditions set forth in paragraphs (a), (b) and (c) of subsection 1.

      3.  The term does not include systems that are commonly referred to as battery cages, colony cages, enriched cages, enriched colony cages, modified cages, convertible cages, furnished cages or any similar cage system.

      Sec. 4. 1.  “Egg products” means the eggs of an egg-laying hen that are:

      (a) Separated from the shells of the eggs;

      (b) Intended for human consumption in liquid, solid, dried or frozen form;

      (c) Raw or cooked; and

      (d) In a form with the yolks and whites in their natural proportions or with the yolks and whites separated, mixed or mixed and strained.

      2.  The term does not include pizzas, cookies, cookie dough, ice cream, mixes used for making pancakes or cakes and any other combination food product that is composed of more than egg products, sugar, salt, water, seasoning, coloring, flavoring, preservatives, stabilizers or similar food additives.

      Sec. 5. “Egg-laying hen” means a female chicken, turkey, duck, goose or guinea fowl that is domesticated and is kept for the purpose of producing eggs commercially.

      Sec. 6. “Enclosure” means a structure used to confine an egg-laying hen.

      Sec. 7. 1.  “Farm” means the land, buildings, support facilities and equipment used wholly or partially for the purpose of commercially producing animals or animal products that are used for food.

      2.  The term does not include live animal markets or official plants if the market or plant is receiving inspection service pursuant to the Egg Products Inspection Act, 21 U.S.C. §§ 1031 et seq.

      Sec. 8. “Farm owner or operator” means a person who owns a farm or controls the operations of a farm.

      Sec. 9. “Multi-tiered aviary” means a cage-free housing system where egg-laying hens have unrestricted access to multiple elevated flat platforms that provide the egg-laying hens with usable floor space both on top of and underneath the platforms.

      Sec. 10. “Partially slatted system” means a cage-free housing system where egg-laying hens have unrestricted access to elevated flat platforms under which manure drops through the flooring to a pit or belt that remove manure which is below the platforms.

      Sec. 11. 1.  “Sale” means a commercial sale by a business that sells any item covered by sections 1.3 to 22, inclusive, of this act which occurs at the location where the buyer takes physical possession of the item.

      2.  The term does not include a sale undertaken at an official plant if the plant is receiving inspection service pursuant to the Egg Products Inspection Act, 21 U.S.C. §§ 1031 et seq.

      Sec. 12. “Shell egg” means a whole egg of an egg-laying hen that is in its shell form and intended for human consumption.

 


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ê2021 Statutes of Nevada, Page 2213 (CHAPTER 370, AB 399)ê

 

      Sec. 13. “Single-level, all-litter floor system” means a cage-free housing system that uses litter for a ground cover and where egg-laying hens have limited or no access to elevated flat platforms.

      Sec. 14. 1.  “Usable floor space” means the total square footage of floor space provided to each egg-laying hen, as calculated by dividing the total square footage of floor space provided to egg-laying hens in an enclosure by the total number of egg-laying hens in that enclosure.

      2.  The term includes both ground space and elevated flat or nearly flat platforms upon which the egg-laying hens can roost.

      3.  The term does not include perches or ramps.

      Sec. 15. 1.  Except as otherwise provided in subsections 2 and 3, on or after July 1, 2022, a farm owner or operator in this State shall not knowingly confine an egg-laying hen in an enclosure which has less than 1 square foot of usable floor space per egg-laying hen.

      2.  Except as otherwise provided in subsection 3, on or after January 1, 2024, a farm owner or operator in this State shall not knowingly confine an egg-laying hen in an enclosure which:

      (a) Is not a cage-free housing system; or

      (b) Is a cage-free housing system that has less than:

             (1) One square foot of usable floor space per egg-laying hen if the cage-free housing system provides egg-laying hens with unrestricted access to elevated flat platforms, including, without limitation, unrestricted access in a multi-tiered aviary or partially slatted system; or

             (2) One and one-half square feet of usable floor space per egg-laying hen if the cage-free housing system does not provide unrestricted access to elevated flat platforms, including, without limitation, unrestricted access in a single-level, all-litter floor system.

      3.  The prohibitions in subsections 1 and 2 do not apply to the confinement of an egg-laying hen during:

      (a) Medical research for which the egg-laying hen is used;

      (b) The examination, testing or treatment of or a surgical procedure performed on the egg-laying hen that is conducted by a person licensed to practice as a veterinarian pursuant to chapter 638 of NRS or a person who is under the direct supervision of a person licensed to practice as a veterinarian pursuant to chapter 638 of NRS;

      (c) The transportation of the egg-laying hen;

      (d) A State or county fair exhibition, 4-H program or other similar exhibition involving the egg-laying hen;

      (e) The slaughter of the egg-laying hen so long as the slaughter complies with the rules and regulations governing the slaughtering of such animals; or

      (f) Temporary periods for animal husbandry purposes. Such temporary periods must last not more than 6 hours in any 24-hour period and not more than 24 hours in total of such temporary periods are allowed in any 30-day period.

      Sec. 16. 1.  A farm owner or operator shall not sell, offer or expose for sale or transport for sale egg products or shell eggs within this State unless the farm owner or operator has been issued a certificate by the Department pursuant to NRS 576.128 and an endorsement of the certificate by the Department indicating that the egg products or shell eggs were produced by an egg-laying hen which was confined in a manner that complies with section 15 of this act.

 


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ê2021 Statutes of Nevada, Page 2214 (CHAPTER 370, AB 399)ê

 

      2.  To apply for an endorsement required by subsection 1, a farm owner or operator must submit to the Department with an application for a certificate or renewal of a certificate issued pursuant to NRS 576.128:

      (a) An attestation that the farm owner or operator confined the egg-laying hens in a manner that complies with section 15 of this act; and

      (b) Evidence that the enclosures for egg-laying hens have been inspected by a person described in subsection 4.

      3.  The Department shall issue the endorsement required by subsection 1 to an applicant if:

      (a) The farm owner or operator submits the information required pursuant to subsection 2; and

      (b) The Department determines that such information is sufficient to indicate compliance with section 15 of this act.

      4.  The Department may use a government inspector, including, without limitation, an inspector who is employed, contracted with or authorized by the Department, or a private inspection or process verification provider to ensure compliance with sections 1.3 to 22, inclusive, of this act during the production and the handling of egg products and shell eggs. If the Department uses such an inspector or provider, the Department must approve the inspector or provider as competent to ensure compliance with sections 1.3 to 22, inclusive, of this act.

      5.  Each endorsement issued pursuant to subsection 3 is valid for the period for which the certificate issued pursuant to NRS 576.128 is valid.

      6.  If a holder of a certificate issued pursuant to NRS 576.128 holds an endorsement issued pursuant to this section, the Department shall include in any notice of renewal of the certificate provided to the holder of the certificate a notice to renew the endorsement issued pursuant to this section.

      7.  The Department may require an inspection of the enclosure for egg-laying hens to determine whether to renew an endorsement issued pursuant to this section. If the Department determines that an inspection of the enclosure is required for the renewal of the endorsement, the endorsement remains in effect until the endorsement expires or until the Department makes a determination whether to renew the endorsement, whichever occurs later.

      8.  The Department may not charge a fee for the issuance or renewal of an endorsement pursuant to this section.

      Sec. 17. The Department may deny an application for an endorsement or an application for the renewal of an endorsement submitted pursuant to section 16 of this act or suspend or revoke an endorsement issued pursuant to section 16 of this act upon any of the following grounds:

      1.  The failure or refusal of a farm owner or operator to comply with the provisions of sections 1.3 to 22, inclusive, of this act, or any regulations adopted by the State Quarantine Officer pursuant thereto;

      2.  The failure or refusal of a farm owner or operator to cooperate with an inspection conducted pursuant to section 16 or 20 of this act; or

      3.  Selling, offering or exposing for sale or transporting for sale egg products or shell eggs within this State without being issued a certificate pursuant to NRS 576.128 and an endorsement issued pursuant to section 16 of this act.

 


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ê2021 Statutes of Nevada, Page 2215 (CHAPTER 370, AB 399)ê

 

      Sec. 18. A farm owner or operator who is aggrieved by an action of the Department concerning the denial, suspension or revocation of an endorsement pursuant to section 17 of this act may, not later than 10 business days after the date on which the action of the Department is taken, file a notice of appeal to the Department in the manner set forth by the State Quarantine Officer by regulation.

      Sec. 19. 1.  A business owner or operator shall not knowingly sell, offer or expose for sale or transport for sale egg products or shell eggs within this State if the business owner or operator knows or should have known that the egg products or shell eggs were produced by an egg-laying hen which was confined in a manner that conflicts with the standards set forth in section 15 of this act.

      2.  A business owner or operator shall obtain a copy of the certificate issued pursuant to NRS 576.128 that contains the endorsement issued pursuant to section 16 of this act from the farm owner or operator to whom the certificate is issued before doing any business governed by sections 1.3 to 22, inclusive, of this act with the farm owner or operator.

      3.  The business owner or operator shall:

      (a) Retain a copy of the certificate obtained pursuant to subsection 2; and

      (b) Provide a copy of the certificate to the Department upon request.

      4.  It is a defense to any action to enforce sections 1.3 to 22, inclusive, of this act that a business owner or operator relied in good faith upon a certificate obtained pursuant to subsection 2.

      Sec. 20. 1.  The Department shall enforce the provisions of sections 1.3 to 22, inclusive, of this act.

      2.  The Department or an authorized inspector or agent of the Department is entitled to free access during regular business hours to an applicable farm or business and to the records of such a farm owner or operator or business owner or operator for the purpose of inspecting such farm, business or record to determine whether any of the provisions of sections 1.3 to 22, inclusive, of this act are being or have been violated.

      Sec. 21. The State Quarantine Officer may adopt such regulations as he or she deems necessary for carrying out the provisions of sections 1.3 to 22, inclusive.

      Sec. 22. Any person who violates any of the provisions of sections 1.3 to 22, inclusive, of this act is subject to a civil penalty pursuant to NRS 583.700.

      Sec. 23.  1.  The provisions of this act are in addition to and supplemental to, and not in substitution for, the powers conferred by any other law protecting animal welfare.

      2.  The provisions of this act must not be construed as to prevent the exercise of any power granted by any other law to any officer, agent or employee of this State or of a county or local governing body in this State that protects animal welfare.

      3.  The provisions of this act do not prevent a county or local governing body from adopting and enforcing its own animal welfare rules or ordinances that are more stringent than the provisions of this act.

      Sec. 24.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 to 23, inclusive, of this act become effective:

 


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ê2021 Statutes of Nevada, Page 2216 (CHAPTER 370, AB 399)ê

 

      (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) July 1, 2022, for all other purposes.

________

CHAPTER 371, AB 410

Assembly Bill No. 410–Committee on Government Affairs

 

CHAPTER 371

 

[Approved: June 4, 2021]

 

AN ACT relating to public works; revising qualifications for entering into a contract with a public body as a construction manager at risk; requiring certain contracts between a public body and a construction manager as agent to be awarded on the basis of competence and qualifications and not on the basis of competitive fees; removing the prospective expiration of provisions relating to construction managers at risk; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prescribes qualifications that a construction manager at risk must satisfy to be eligible to enter into a contract with a public body. (NRS 338.1691) Section 1 of this bill additionally requires that a construction manager at risk must not have entered into a contract with a public body to act as a construction manager as agent during the 4 years immediately preceding the date of the advertisement for proposals pursuant to which a contract is awarded in order to be eligible to enter into such a contract.

      Existing law: (1) prohibits the State of Nevada or any of its political subdivisions from selecting a professional engineer, professional land surveyor or registered architect to perform certain services on a public work on the basis of competitive fees; and (2) instead requires that the selection of such persons be made on the basis of the competence and qualifications of the engineer, land surveyor or architect for the type of service to be performed. (NRS 625.530) Existing law authorizes a public body to employ a construction manager as agent to assist the public body in overseeing the construction of a public work. Existing law requires a construction manager as agent to: (1) be a licensed contractor; (2) hold a certificate of registration to practice architecture, interior design or residential design; or (3) be licensed as a professional engineer.

      Existing law provides that a contract between a public body and a construction manager as agent is not required to be awarded by competitive bidding. (NRS 338.1718) Section 2 of this bill bases the selection of a construction manager as agent upon the same criteria as the selection of a professional engineer, professional land surveyor or registered architect on a public work. Specifically, section 2 requires the selection of a construction manager as agent to be made on the basis of the competence and qualifications of the construction manager as agent for the type of services to be performed and not on the basis of competitive fees. Section 2 exempts from this requirement contracts between a public body and a construction manager as agent to perform services for a public work for which the estimated cost is $100,000 or less.

 


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ê2021 Statutes of Nevada, Page 2217 (CHAPTER 371, AB 410)ê

 

      Under existing law, public bodies are authorized to construct public works under certain circumstances through a method by which a construction manager at risk provides preconstruction services on the public work and, under certain circumstances, construction services on the public work with a guaranteed maximum price, a fixed price or a fixed price plus reimbursement for certain costs. (NRS 338.1685-338.16995) Existing law eliminates the authority for public bodies to enter into contracts with construction managers at risk effective June 30, 2021. (Chapter 487, Statutes of Nevada 2013, at page 2986, chapter 562, Statutes of Nevada 2017, at page 4035) Sections 3-5 of this bill remove the prospective expiration of this authority, thereby making the authorization to enter into contracts with construction managers at risk permanent.

 

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 338.1691 is hereby amended to read as follows:

      338.1691  To qualify to enter into contracts with a public body for preconstruction services and to construct a public work, a construction manager at risk must:

      1.  Not have been found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause, during the 5 years immediately preceding the date of the advertisement for proposals pursuant to NRS 338.1692;

      2.  Not have been disqualified from being awarded a contract pursuant to NRS 338.017, 338.13895, 338.1475 or 408.333;

      3.  Not have entered into a contract with a public body to act as a construction manager as agent during the 4 years immediately preceding the date of the advertisement for proposals pursuant to NRS 338.1692;

      4.  Be licensed as a contractor pursuant to chapter 624 of NRS; and

      [4.] 5.  If the project is for the construction of a public work of the State, be qualified to bid on a public work of the State pursuant to NRS 338.1379.

      Sec. 2. NRS 338.1718 is hereby amended to read as follows:

      338.1718  1.  A construction manager as agent:

      (a) Must:

             (1) Be a contractor licensed pursuant to chapter 624 of NRS;

             (2) Hold a certificate of registration to practice architecture, interior design or residential design pursuant to chapter 623 of NRS; or

             (3) Be licensed as a professional engineer pursuant to chapter 625 of NRS.

      (b) May enter into a contract with a public body to assist in the planning, scheduling and management of the construction of a public work without assuming any responsibility for the cost, quality or timely completion of the construction of the public work. A construction manager as agent who enters into a contract with a public body pursuant to this section may not:

             (1) Take part in the design or construction of the public work; or

             (2) Act as an agent of the public body to select a subcontractor if the work to be performed by the subcontractor is part of a larger public work.

      2.  [A] Except as otherwise provided in subsection 3, the selection of a construction manager as agent to perform services pursuant to subsection 1 must be made on the basis of the competence and qualifications of the construction manager as agent for the type of services to be performed and not on the basis of competitive fees.

 


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ê2021 Statutes of Nevada, Page 2218 (CHAPTER 371, AB 410)ê

 

not on the basis of competitive fees. If, after selection of the construction manager as agent, an agreement upon a fair and reasonable fee cannot be reached with him or her, the public body may terminate negotiations and select another construction manager as agent. Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a construction manager as agent pursuant to this subsection, the public body shall assign, without limitation, a relative weight of 5 percent to the possession of a certificate of eligibility to receive a preference when competing for public works. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection relating to a preference when competing for public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that public work.

      3.  The provisions of subsection 2 do not apply to a contract between a public body and a construction manager as agent [is not required] to [be awarded by competitive bidding.] perform services for a public work for which the estimated cost is $100,000 or less.

      Sec. 3. Section 15 of chapter 487, Statutes of Nevada 2013, as amended by chapter 562, Statutes of Nevada 2017, at page 4035, is hereby amended to read as follows:

       Sec. 15.  [1.]  This section and sections 1, 2, 3, 4, 5, 6, 7.5 to 13, inclusive, 14, 14.3 and 14.5 of this act become effective on July 1, 2013.

       [2.  Section 1 of this act expires by limitation on June 30, 2021.

       3.  Sections 2.3, 2.5, 3.5, 4.5, 5.3, 5.5, 5.7, 6.5, 13.5, 14.1 and 14.7 of this act become effective on July 1, 2021.]

      Sec. 4. Section 9 of chapter 123, Statutes of Nevada 2015, as amended by chapter 562, Statutes of Nevada 2017, at page 4035, is hereby amended to read as follows:

       Sec. 9.  [1.]  This act becomes effective upon passage and approval.

       [2.  Sections 6 and 7.5 of this act expire by limitation on June 30, 2021.]

      Sec. 5. Section 7 of chapter 562, Statutes of Nevada 2017, at page 4035, is hereby amended to read as follows:

       Sec. 7.  1.  This section and sections 5 and 6 of this act become effective upon passage and approval.

       2.  Sections 1 to 4, inclusive, of this act become effective on July 1, 2017.

       [3.  Sections 1 to 3, inclusive, of this act expire by limitation on June 30, 2021.]

      Sec. 6. Sections 2.3, 2.5, 3.5, 4.5, 5.3, 5.5, 5.7, 6.5, 13.5, 14.1 and 14.7 of chapter 487, Statutes of Nevada 2013, at pages 2961, 2964, 2966, 2967, 2968, 2972, 2983, 2984 and 2986, respectively, are hereby repealed.

      Sec. 7.  This act becomes effective upon passage and approval.

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ê2021 Statutes of Nevada, Page 2219ê

 

CHAPTER 372, AB 411

Assembly Bill No. 411–Committee on Growth and Infrastructure

 

CHAPTER 372

 

[Approved: June 4, 2021]

 

AN ACT relating to fuel; requiring the State Board of Agriculture to adopt by regulation certain specifications for motor vehicle fuel; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the State Board of Agriculture to adopt regulations setting forth specifications for motor vehicle fuel. (NRS 590.070) This bill provides that such regulations must allow the sale of motor vehicle fuel containing not more than 15 percent ethanol by volume.

 

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 590.070 is hereby amended to read as follows:

      590.070  1.  The State Board of Agriculture shall adopt by regulation specifications for motor vehicle fuel:

      (a) Based upon scientific evidence which demonstrates that any motor vehicle fuel which is produced in accordance with the specifications is of sufficient quality to ensure appropriate performance when used in a motor vehicle in this State; or

      (b) Proposed by an air pollution control agency to attain or maintain national ambient air quality standards in any area of this State. As used in this paragraph, “air pollution control agency” means any federal air pollution control agency or any state, regional or local agency that has the authority pursuant to chapter 445B of NRS to regulate or control air pollution or air quality in any area of this State.

      2.  Any regulations adopted by the State Board of Agriculture pursuant to subsection 1 must allow the sale of motor vehicle fuel in this State containing not more than 15 percent ethanol by volume.

      3.  The State Board of Agriculture shall adopt by regulation procedures for allowing variances from the specifications for motor vehicle fuel adopted pursuant to this section.

      [3.]4.  It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale, assist in the sale of, deliver or permit to be sold or offered for sale:

      (a) Any petroleum or petroleum product as, or purporting to be, motor vehicle fuel, unless it conforms with the regulations adopted by the State Board of Agriculture pursuant to this section.

 


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ê2021 Statutes of Nevada, Page 2220 (CHAPTER 372, AB 411)ê

 

      (b) Any biodiesel unless it meets the registration requirements for fuels and fuel additives of 40 C.F.R. Part 79 and the requirements of ASTM Standard D6751, “Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels.”

      (c) Any biomass-based diesel or biomass-based diesel blend unless it meets the registration requirements for fuels and fuel additives established by the Administrator of the Environmental Protection Agency pursuant to 42 U.S.C. § 7545.

      [4.]5.  This section does not apply to aviation fuel.

      [5.]6.  In addition to any criminal penalty that is imposed pursuant to the provisions of NRS 590.150, any person who violates any provision of this section may be further punished as provided in NRS 590.071.

      [6.]7.  As used in this section:

      (a) “Biodiesel” means a fuel that is composed of mono-alkyl esters of long-chain fatty acids derived from plant or animal matter.

      (b) “Biomass-based diesel” means a diesel fuel substitute that is produced from nonpetroleum renewable resources, such as fuel derived from animal wastes, including, without limitation, poultry fats, poultry wastes and other waste materials, or from municipal solid waste and sludge and oil derived from wastewater and the treatment of wastewater. The term does not include biodiesel.

      (c) “Biomass-based diesel blend” means a blend of any biomass-based diesel and any petroleum-based product that is suitable for use as a motor vehicle fuel.

      Sec. 2.  1.  This section becomes effective upon passage and approval.

      2.  Section 1 of this act becomes 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 July 1, 2022, for all other purposes.

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ê2021 Statutes of Nevada, Page 2221ê

 

CHAPTER 373, AB 412

Assembly Bill No. 412–Committee on Growth and Infrastructure

 

CHAPTER 373

 

[Approved: June 4, 2021]

 

AN ACT relating to motor vehicles; revising provisions governing fully autonomous vehicles; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a low-speed vehicle is defined as a motor vehicle that: (1) is 4-wheeled; (2) the speed of which that is attainable in 1 mile is more than 20 miles per hour and not more than 25 miles per hour on a paved level surface; (3) weighs less than 3,000 pounds; and (4) complies with certain safety standards. (NRS 484B.637) Section 3 of this bill creates an exception to the requirement of compliance with the safety standards for low speed vehicles for a vehicle that has been granted an exemption from one or more of those standards by the National Highway Traffic Safety Administration. Section 3 also defines “neighborhood occupantless vehicle” as a low-speed vehicle that is not designed, intended or marketed for human occupancy.

      Existing law authorizes the operation of a registered low-speed vehicle upon a highway where the posted speed limit is 35 miles per hour or less. (NRS 484B.637) In addition to such authority, section 3 authorizes the operation of the type of low-speed vehicle defined as a neighborhood occupantless vehicle, if registered, on a highway where the posted speed limit is greater than 35 miles per hour but not more than 45 miles per hour.

      Existing law provides for certain restrictions on speed on the driver of a motor vehicle. (NRS 484B.627, 484B.630) Sections 1 and 2 of this bill make conforming changes by revising such provisions to apply to an operator of a motor vehicle.

      Existing law defines a fully autonomous vehicle as a motor vehicle that is equipped with an automated driving system which is designed to function at a certain level of driving automation. (NRS 482A.036) Section 4 of this bill makes certain provisions concerning required equipment for a motor vehicle inapplicable to certain fully autonomous vehicles that are exclusively operated by an automated driving system. Section 4 exempts a fully autonomous vehicle that is exclusively operated by an automated driving system from the requirement that it be equipped with: (1) a mirror so located as to reflect to the driver a view of the highway; (2) windshield wipers; and (3) equipment to light the road with multiple beams. Section 4 also exempts a fully autonomous vehicle that is operated exclusively by an automated driving system from the requirement that it be equipped with a muffler unless the vehicle contains an internal combustion engine.

 

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 484B.627 is hereby amended to read as follows:

      484B.627  1.  If any driver [drives] or operator of a motor vehicle drives or operates a motor vehicle at a speed so slow as to impede the forward movement of traffic proceeding immediately behind the driver [,] or operator, the driver or operator shall:

 


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ê2021 Statutes of Nevada, Page 2222 (CHAPTER 373, AB 412)ê

 

      (a) If the highway has one lane for traveling in each direction and the width of the paved portion permits, drive to the extreme right side of the highway and, if applicable, comply with the provisions of NRS 484B.630;

      (b) If the highway has two or more clearly marked lanes for traffic traveling in the direction in which the driver or operator is traveling, drive in the extreme right-hand lane except when necessary to pass other slowly moving vehicles; or

      (c) If the highway is a controlled-access highway, use alternate routes whenever possible.

      2.  A person shall not bring a vehicle to a complete stop upon a roadway so as to impede or block the normal and reasonable movement of traffic unless the stop is necessary for safe operation or in compliance with law.

      Sec. 2. NRS 484B.630 is hereby amended to read as follows:

      484B.630  1.  On a highway that has one lane for traveling in each direction, where passing is unsafe because of traffic traveling in the opposite direction or other conditions, the driver or operator of a slow-moving vehicle, behind which five or more vehicles are formed in a line, shall, to allow the vehicles following behind to proceed, turn off the roadway:

      (a) At the nearest place designated as a turnout by signs erected by the public authority having jurisdiction over the highway; or

      (b) In the absence of such a designated turnout, at the nearest place where:

             (1) Sufficient area for a safe turnout exists; and

             (2) The circumstances and conditions are such that the driver or operator is able to turn off the roadway in a safe manner.

      2.  A person who violates subsection 1 is guilty of a misdemeanor.

      3.  As used in this section, “slow-moving vehicle” means a vehicle that is traveling at a rate of speed which is less than the posted speed limit for the highway or portion of the highway upon which the vehicle is traveling.

      Sec. 3. NRS 484B.637 is hereby amended to read as follows:

      484B.637  1.  As used in this section, “low-speed vehicle” means a motor vehicle:

      (a) That is 4-wheeled;

      (b) The speed of which that is attainable in 1 mile is more than 20 miles per hour and not more than 25 miles per hour on a paved level surface;

      (c) The gross vehicle weight rating of which is less than 3,000 pounds; and

      (d) That complies with the standards for safety of such a vehicle set forth in Federal Motor Safety Standard No. 500 at 49 C.F.R. § 571.500 [.] , unless an exemption from one or more provisions of that Standard has been granted for the vehicle by the National Highway Traffic Safety Administration.

      2.  Except as otherwise provided in subsection 3:

      (a) If registered, a low-speed vehicle may be operated upon a highway where the posted speed limit is 35 miles per hour or less.

      (b) A person shall not operate a low-speed vehicle upon a highway where the posted speed limit is greater than 35 miles per hour, except to cross such a highway at an intersection.

      3.  If registered, a neighborhood occupantless vehicle may operate on a highway where the posted speed limit is greater than 35 miles per hour but not more than 45 miles per hour.

 


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ê2021 Statutes of Nevada, Page 2223 (CHAPTER 373, AB 412)ê

 

      4.  As used in this section, “neighborhood occupantless vehicle” means a low-speed vehicle that is not designed, intended or marketed for human occupancy.

      Sec. 4. Chapter 484D of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The provisions of subsection 3 of NRS 484D.210 and NRS 484D.430 and 484D.445 do not apply to a fully autonomous vehicle that is operated exclusively by an automated driving system.

      2.  The provisions of NRS 484D.415 do not apply to a fully autonomous vehicle that is operated exclusively by an automated driving system unless the fully autonomous vehicle is equipped with an internal combustion engine.

      Sec. 5.  This act becomes effective on July 1, 2021.

________

CHAPTER 374, AB 419

Assembly Bill No. 419–Committee on Education

 

CHAPTER 374

 

[Approved: June 4, 2021]

 

AN ACT relating to education; establishing various provisions relating to the sponsorship and governance of charter schools; requiring the disclosure of certain information relating to the management of charter schools; setting forth certain requirements for charter schools that have received certain low ratings of performance on the statewide system of accountability for public schools; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the State Public Charter School Authority is required to sponsor charter schools whose applications have been approved by the State Public Charter School Authority. The Department of Education is authorized to approve an application by the board of trustees of a school district or a college or university within the Nevada System of Higher Education to sponsor charter schools. (NRS 388A.220) Section 3 of this bill requires the sponsor of a charter school to establish standards for the governance of each charter school which it sponsors. Under section 3, the sponsor of a charter school is required to: (1) provide training to the governing body of each charter school it sponsors on the governance of charter schools; or (2) identify an organization approved by the sponsor to provide training on the governance of charter schools. Section 3 also requires each member of the governing body of a charter school to complete training on the governance of charter schools at certain times. Section 4 of this bill requires each member of the State Public Charter School Authority to complete training on the responsibilities of the member and the governance of charter schools.

      Section 5 of this bill requires the governing body of a charter school to disclose certain information regarding a charter management organization or educational management organization with which the charter school has entered into a contract to provide services to the charter school. Section 6 of this bill requires the governing body of a charter school that receives services from an educational management organization to disclose certain information regarding the educational management organization and certain contracts held by members of the governing body of the charter school on the Internet website of the charter school and to the sponsor of the charter school.

 


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organization and certain contracts held by members of the governing body of the charter school on the Internet website of the charter school and to the sponsor of the charter school. Section 6 also authorizes the sponsor of a charter school to request certain information and conduct investigations.

      Existing law establishes a statewide system of accountability for public schools. (NRS 385A.600-385A.840) Under existing law, the governing body of a charter school is authorized to request a change in the sponsorship of the charter school. (NRS 388A.231) Existing law also authorizes the sponsor of a charter school to reconstitute the governing body of a charter school or terminate a charter contract in certain circumstances. (NRS 388A.330) Section 7 of this bill requires the sponsor of a charter school that has received one of the two lowest ratings of performance pursuant to the statewide system of accountability for public schools in each of the last 3 consecutive years and has not requested a change in sponsorship to submit a report to the Legislative Committee on Education of information relating to actions the sponsor of the charter school has taken to reconstitute the governing body of the charter school or terminate the charter contract.

      Existing law sets forth various requirements for a proposed sponsor of a charter school to review an application to form a charter school. (NRS 388A.249) Existing law authorizes the governing body of a charter school to request to amend its charter contract. (NRS 388A.276) Section 9 of this bill requires the proposed sponsor to consider the academic, financial and organizational performance of charter schools that currently hold a contract with the proposed operators of a proposed charter school. Section 11.3 of this bill imposes similar requirements on the sponsor of a charter school that requests to amend its charter contract.

 

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 388A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3. 1.  The sponsor of a charter school shall establish standards for the governance of each charter school which it sponsors.

      2.  The sponsor of a charter school shall provide training on the governance of charter schools to the governing body of each charter school which it sponsors or identify an organization approved by the sponsor of the charter school to provide training on the governance of charter schools.

      3.  Each member of the governing body of a charter school must complete the training provided by the sponsor of the charter school or an organization identified by the sponsor of the charter school pursuant to subsection 2 on the governance of a charter school:

      (a) Before the opening of the charter school; and

      (b) Every 3 years thereafter.

      Sec. 4. Each member of the State Public Charter School Authority must complete training:

      1.  At the time the member is appointed to the State Public Charter School Authority, on the responsibilities of the member and any framework used by the State Public Charter School Authority in performing its duties; and

      2.  Each year, on the evaluation of applications to form charter schools and the governance of charter schools.

 


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      Sec. 5. Each year, each governing body of a charter school shall post on its Internet website the definition of a charter management organization and an educational management organization and whether the charter school is operated by a charter management organization or receives services from an educational management organization and, if so, the name of the charter management organization or educational management organization.

      Sec. 6. 1.  The governing body of a charter school that receives services from an educational management organization shall:

      (a) Post to the Internet website of the charter school:

             (1) Each financial audit and each performance audit of the charter school required by the Department pursuant to NRS 388A.105 or 388A.110;

             (2) Information on the contract with the charter management organization or the educational management organization, including, without limitation:

                   (I) The amount of money received by the educational management organization from public and private sources to carry out the terms of the contract;

                   (II) The expenditures of the educational management organization relating to carrying out the contract, including, without limitation, the payment of salaries, benefits and bonuses; and

                   (III) An identification of each contract, transaction and agreement entered into by the educational management organization relating to carrying out the contract with the charter school, including, without limitation, contracts, transactions and agreements with parent organizations, subsidiaries and partnerships of the educational management organization; and

             (3) To the extent practicable, information on any contract between a member of the governing body of the charter school or any member of the family of the member of the governing body and another charter school, sponsor of a charter school, charter management organization or educational management organization.

      (b) Submit information on the contract with the educational management organization and a letter describing whether the governing body of the charter school is satisfied with the contractual relationship with the educational management organization to the sponsor of the charter school.

      2.  The sponsor of a charter school may, after reviewing the information provided pursuant to paragraph (b) of subsection 1, request additional information, conduct an investigation or otherwise take action relating to the information received by the sponsor of the charter school.

      3.  On or before December 15 of each odd-numbered year, the sponsor of a charter school that receives information on a contract between the governing body of a charter school and an educational management organization pursuant to subsection 1 shall submit a report of such information to the Legislative Committee on Education.

      Sec. 7. On or before December 15 of each odd-numbered year, the sponsor of a charter school must submit a report describing any actions the sponsor of the charter school has taken pursuant to NRS 388A.330 to the Legislative Committee on Education if:

 


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      1.  The charter school has received, within each of the immediately preceding 3 consecutive school years, one of the two lowest ratings of performance pursuant to the statewide system of accountability for public schools; and

      2.  The governing body of the charter school does not plan to close the charter school pursuant to NRS 388A.306 or change the sponsorship of the charter school pursuant to NRS 388A.231.

      Sec. 8. (Deleted by amendment.)

      Sec. 9. NRS 388A.249 is hereby amended to read as follows:

      388A.249  1.  A committee to form a charter school or charter management organization may submit the application to the proposed sponsor of the charter school. If an application proposes to convert an existing public school, homeschool or other program of home study into a charter school, the proposed sponsor shall deny the application.

      2.  The proposed sponsor of a charter school shall, in reviewing an application to form a charter school:

      (a) Assemble a team of reviewers, which may include, without limitation, natural persons from different geographic areas of the United States who possess the appropriate knowledge and expertise with regard to the academic, financial and organizational experience of charter schools, to review and evaluate the application;

      (b) Conduct a thorough evaluation of the application, which includes an in-person interview with the applicant designed to elicit any necessary clarifications or additional information about the proposed charter school and determine the ability of the applicants to establish a high-quality charter school;

      (c) Consider the degree to which the proposed charter school will address the needs identified in the evaluation prepared by the proposed sponsor pursuant to subsection 5 or 6 of NRS 388A.220, as applicable;

      (d) If the proposed sponsor is not the board of trustees of a school district, solicit input from the board of trustees of the school district in which the proposed charter school will be located;

      (e) Base its determination on documented evidence collected through the process of reviewing the application; [and]

      (f) Adhere to the policies and practices developed by the proposed sponsor pursuant to subsection 2 of NRS 388A.223 [.] ; and

      (g) Consider the academic, financial and organizational performance of any charter schools that currently hold a contract with the proposed operators, including, without limitation, a charter management organization or educational management organization, of the proposed charter school.

      3.  The proposed sponsor of a charter school may approve an application to form a charter school only if the proposed sponsor determines that:

      (a) The application:

             (1) Complies with this chapter and the regulations applicable to charter schools; and

             (2) Is complete in accordance with the regulations of the Department and the policies and practices of the sponsor;

      (b) The applicant has demonstrated competence in accordance with the criteria for approval prescribed by the sponsor pursuant to subsection 2 of NRS 388A.223 that will likely result in a successful opening and operation of the charter school;

 


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      (c) Based on the most recent evaluation prepared by the proposed sponsor pursuant to subsection 5 or 6 of NRS 388A.220, as applicable, the proposed charter school will address one or more of the needs identified in the evaluation; and

      (d) It has received sufficient input from the public, including, without limitation, input received at the meeting held pursuant to subsection 1 of NRS 388A.252 or subsection 1 of NRS 388A.255, as applicable.

      4.  The identity of each member of the team of reviewers assembled by a proposed sponsor of a charter school is confidential for 5 years after the review of an application to form a charter school is complete and must not be disclosed unless ordered by a district court in an action brought pursuant to subsection 3 of NRS 388A.255.

      5.  On or before January 1 of each odd-numbered year, the Superintendent of Public Instruction shall submit a written report to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature. The report must include:

      (a) A list of each application to form a charter school that was submitted to the board of trustees of a school district, the State Public Charter School Authority, a college or a university during the immediately preceding biennium;

      (b) The educational focus of each charter school for which an application was submitted;

      (c) The current status of the application; and

      (d) If the application was denied, the reasons for the denial.

      Secs. 10 and 11. (Deleted by amendment.)

      Sec. 11.3.NRS 388A.276 is hereby amended to read as follows:

      388A.276  The governing body of a charter school may submit to the sponsor of the charter school a written request for an amendment of the charter contract. The sponsor of the charter school shall consider the academic, financial and organizational performance of any charter schools that currently hold a contract with the current or proposed operators, including, without limitation, a charter management organization or educational management organization, of the charter school. If the proposed amendment complies with the provisions of this chapter and any other statute or regulation applicable to charter schools, the sponsor and the governing body of the charter school may amend the charter contract in accordance with the proposed amendment. If the sponsor denies the request for an amendment, the sponsor shall provide written notice to the governing body of the charter school setting forth the reasons for the denial.

      Sec. 11.7. NRS 388A.320 is hereby amended to read as follows:

      388A.320  1.  Unless a waiver is granted pursuant to subsection 2 of NRS 388A.243, the governing body of a charter school must consist of:

      (a) One member who is a teacher or other person licensed pursuant to chapter 391 of NRS or who previously held such a license and is retired, as long as his or her license was held in good standing.

      (b) One member who:

             (1) Satisfies the qualifications of paragraph (a); or

             (2) Is a school administrator with a license issued by another state or who previously held such a license and is retired, as long as his or her license was held in good standing.

      (c) One parent or legal guardian of a pupil enrolled in the charter school who is not a teacher or an administrator at the charter school.

 


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      (d) Two members who possess knowledge and experience in one or more of the following areas:

             (1) Accounting;

             (2) Financial services;

             (3) Law; or

             (4) Human resources.

      2.  In addition to the members who serve pursuant to subsection 1, the governing body of a charter school may include, without limitation, parents and representatives of nonprofit organizations and businesses. Unless a waiver is granted pursuant to subsection 2 of NRS 388A.243, not more than two persons who serve on the governing body may represent the same organization or business or otherwise represent the interests of the same organization or business. A majority of the members of the governing body must reside in this State. If the membership of the governing body changes, the governing body shall provide written notice to the sponsor of the charter school within 10 working days after such change.

      3.  A person may serve on the governing body only if the person submits an affidavit to the sponsor of the charter school indicating that the person:

      (a) Has not been convicted of a felony relating to serving on the governing body of a charter school or any offense involving moral turpitude.

      (b) Has received training or read and understands material concerning the roles and responsibilities of members of governing bodies of charter schools and other training and material designed to assist the governing bodies of charter schools, if such training and material is provided to the person by the sponsor or an application to form a charter school or amend a charter contract provides that the member would receive such training or read and understand such material.

      (c) Complies with the requirements of NRS 388A.323.

      4.  A person who wishes to serve on the governing body shall disclose to the sponsor of the charter school any conflicts of interest concerning the person or any family member of the person and a charter management organization, educational management organization or other person with which the governing body of the charter school has entered into a contract to provide any services at the charter school in the immediately preceding year.

      5.  The governing body of a charter school is a public body. It is hereby given such reasonable and necessary powers, not conflicting with the Constitution and the laws of the State of Nevada, as may be requisite to attain the ends for which the charter school is established and to promote the welfare of pupils who are enrolled in the charter school.

      [5.]6.  The governing body of a charter school shall, during each calendar quarter, hold at least one regularly scheduled public meeting in the county in which a facility operated by the charter school where pupils receive instruction is located. Upon an affirmative vote of a majority of the membership of the governing body, each member is entitled to receive a salary of not more than $80 for attendance at each meeting, as fixed by the governing body, not to exceed payment for more than one meeting per month.

      [6.]7.  As used in subsection 1, “teacher” means a person who:

 


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      (a) Holds a current license to teach issued pursuant to chapter 391 of NRS or who previously held such a license and is retired, as long as his or her license was held in good standing; and

      (b) Has at least 2 years of experience as an employed teacher.

Ê The term does not include a person who is employed as a substitute teacher.

      Sec. 12. (Deleted by amendment.)

      Sec. 13.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 14.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 to 13, inclusive, of this act become effective:

      (a) Upon passage and approval for the purpose of adopting regulations and performing any preliminary administrative tasks necessary to carry out the provisions of this act; and

      (b) On July 1, 2021, for all other purposes.

________

CHAPTER 375, AB 424

Assembly Bill No. 424–Committee on Judiciary

 

CHAPTER 375

 

[Approved: June 4, 2021]

 

AN ACT relating to criminal procedure; authorizing a court to adopt an administrative order relating to pretrial release; requiring a pretrial release hearing to be held within 48 hours after a person has been taken into custody; authorizing a justice of the peace to conduct a pretrial release hearing for a person located in another township; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Nevada Constitution prohibits the imposition of excessive bail and requires all persons arrested for offenses other than murder of the first degree to be admitted to bail. (Nev. Const. Art. 1, §§ 6, 7)

      Existing law sets forth separate procedures for a court to release a person with bail and without bail. (NRS 178.484, 178.4851) Section 5.7 of this bill requires courts to hold a pretrial release hearing, in open court or by means of remote communication, to determine the custody status of a person within 48 hours after the person has been taken into custody, unless good cause is shown by a party, in which case the court is authorized to continue the pretrial release hearing.

      Existing law provides that, with certain exceptions, in criminal cases the jurisdiction of a justice of the peace extends to the limits of the county of the justice of the peace. (NRS 4.370) Section 14.5 of this bill authorizes a justice of the peace to conduct a pretrial release hearing for a person in another township.

      Existing law authorizes a sheriff or chief of police to release, without bail, a person charged with a misdemeanor in accordance with the standards established by a court of competent jurisdiction. (NRS 178.4851) Section 5.5 of this bill authorizes a court of competent jurisdiction to adopt an administrative order relating to the circumstances under which a person may be released from custody pending trial, including, without limitation, those circumstances under which a sheriff or chief of police may release a person, without bail, who is charged with a misdemeanor.

 


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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:

 

      Sections 1-5. (Deleted by amendment.)

      Sec. 5.3.Chapter 178 of NRS is hereby amended by adding thereto the provisions set forth as sections 5.5 and 5.7 of this act.

      Sec. 5.5. A court of competent jurisdiction may adopt an administrative order relating to the circumstances under which a person may be released from custody without a pretrial release hearing, including, without limitation, those circumstances under which a sheriff or chief of police may release, without bail, a person charged with a misdemeanor.

      Sec. 5.7. 1.  Except as otherwise provided in this section, NRS 178.484 and section 5.5 of this act, a court shall, within 48 hours after a person has been taken into custody, hold a pretrial release hearing, in open court or by means of remote communication, to determine the custody status of the person. The pretrial release hearing may be continued for good cause shown.

      2.  As used in this section, “remote communication” means communication through telephone or videoconferencing.

      Sec. 6. NRS 178.483 is hereby amended to read as follows:

      178.483  As used in NRS 178.483 to 178.548, inclusive, and sections 5.5 and 5.7 of this act, unless the context otherwise requires, “electronic transmission,” “electronically transmit” or “electronically transmitted” means any form or process of communication not directly involving the physical transfer of paper or another tangible medium which:

      1.  Is suitable for the retention, retrieval and reproduction of information by the recipient; and

      2.  Is retrievable and reproducible in paper form by the recipient through an automated process used in conventional commercial practice.

      Secs. 7-11, 11.5 and 12-14. (Deleted by amendment.)

      Sec. 14.5. NRS 4.370 is hereby amended to read as follows:

      4.370  1.  Except as otherwise provided in subsection 2, justice courts have jurisdiction of the following civil actions and proceedings and no others except as otherwise provided by specific statute:

      (a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $15,000.

      (b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $15,000.

      (c) Except as otherwise provided in paragraph (l), in actions for a fine, penalty or forfeiture not exceeding $15,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.

      (d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $15,000, though the penalty may exceed that sum.

 


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may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.

      (e) In actions to recover the possession of personal property, if the value of the property does not exceed $15,000.

      (f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $15,000.

      (g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $15,000 or when no damages are claimed.

      (h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $15,000 or when no damages are claimed.

      (i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $15,000.

      (j) Of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $15,000.

      (k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $15,000.

      (l) In actions for a fine imposed for a violation of NRS 484D.680.

      (m) Except as otherwise provided in this paragraph, in any action for the issuance of a temporary or extended order for protection against domestic violence pursuant to NRS 33.020. A justice court does not have jurisdiction in an action for the issuance of a temporary or extended order for protection against domestic violence:

             (1) In a county whose population is 100,000 or more and less than 700,000;

             (2) In any township whose population is 100,000 or more located within a county whose population is 700,000 or more; or

             (3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order for protection be conducted before the district court.

      (n) Except as otherwise provided in this paragraph, in any action for the issuance of an ex parte or extended order for protection against high-risk behavior pursuant to NRS 33.570 or 33.580. A justice court does not have jurisdiction in an action for the issuance of an ex parte or extended order for protection against high-risk behavior:

             (1) In a county whose population is 100,000 or more but less than 700,000;

            (2) In any township whose population is 100,000 or more located within a county whose population is 700,000 or more; or

             (3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order for protection be conducted before the district court.

      (o) In an action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.

      (p) In small claims actions under the provisions of chapter 73 of NRS.

 


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      (q) In actions to contest the validity of liens on mobile homes or manufactured homes.

      (r) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.

      (s) In any action pursuant to NRS 200.378 for the issuance of a protective order against a person alleged to have committed the crime of sexual assault.

      (t) In actions transferred from the district court pursuant to NRS 3.221.

      (u) In any action for the issuance of a temporary or extended order pursuant to NRS 33.400.

      (v) In any action seeking an order pursuant to NRS 441A.195.

      2.  The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.

      3.  Justice courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute. Upon approval of the district court, a justice 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 justice court has not established a program pursuant to NRS 176A.280, to a program established pursuant to that section.

      4.  Except as otherwise provided in subsections 5 , [and] 6 [,] and 7 in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.

      5.  A justice of the peace may conduct a pretrial release hearing for a person located outside of the township of the justice of the peace.

      6.  In the case of any arrest made by a member of the Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.

      [6.]7.  Each justice court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.

      Sec. 15.  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. 16.  This act becomes effective on July 1, 2022.

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CHAPTER 376, AB 426

Assembly Bill No. 426–Committee on Judiciary

 

CHAPTER 376

 

[Approved: June 4, 2021]

 

AN ACT relating to the protection of children; authorizing an agency which provides child welfare service or its designee to request a warrant to place a child in protective custody under certain circumstances; revising the requirements for notice given to certain persons of certain hearings; authorizing the Attorney General to sign a petition alleging that a child is in need of protection; making various other changes relating to the protection of children; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes an agent or officer of a law enforcement agency, an agent or officer of the local juvenile probation department or the local department of juvenile services, or a designee of an agency which provides child welfare services to place a child in protective custody if there is reasonable cause to believe that immediate action is necessary to protect the child from injury, abuse or neglect. (NRS 432B.390) Section 1 of this bill authorizes an agency which provides child welfare services or its designee to request that the court issue a warrant to place a child in protective custody if there is reasonable cause to believe that the child is in need of protection from injury, abuse or neglect but the threat is not imminent in the time it would take to obtain a warrant. Section 1 also: (1) sets forth the information that must be included in such a warrant; (2) provides that the warrant is enforceable in any jurisdiction in this State; (3) establishes that the warrant is valid for 10 days after the date of issuance, unless otherwise specified in the warrant; (4) requires that a copy of the warrant must be provided to the parent, guardian or custodian of the child; (5) clarifies that obtaining a warrant does not preclude an agency which provides child welfare services from requesting a subsequent warrant; (6) requires that a hearing on protective custody must be held in accordance with existing law if the warrant is executed; and (7) requires the application for the warrant and the warrant to be filed with the clerk of the court. Section 2 of this bill makes a conforming change to indicate the placement of section 1 in the Nevada Revised Statutes, and sections 3 and 4 of this bill make conforming changes that are necessary as a result of the changes made by section 1.

      Existing law grants the court exclusive original jurisdiction in proceedings concerning any child living or found within the county who is a child in need of protection or may be a child in need of protection. (NRS 432B.410) Section 5 of this bill provides that the jurisdiction of the court also applies to any child who is domiciled within the county.

      Existing law sets forth the circumstances under which a person is considered to have a special interest in a child and provides that if the court or a special master finds that a person has a special interest in a child, the court or the special master is required to: (1) ensure that the person is involved in and notified of any plan for the temporary or permanent placement of the child and is allowed to offer recommendations regarding the plan; and (2) allow the person to testify at any hearing to determine any temporary or permanent placement of the child. (NRS 432B.457) Section 6 of this bill clarifies that such a finding: (1) may be made upon the initiative of the court or special master or the motion of a party; and (2) may be reviewed or modified by the court or special master at any time.

      Existing law requires that certain persons be given notice of certain hearings regarding the placement of a child when the child has been placed in protective custody, when the court is conducting a review of the placement of the child and when the court is considering the permanent placement of the child.

 


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when the court is considering the permanent placement of the child. (NRS 432B.470, 432B.580, 432B.590) Sections 7, 11 and 12 of this bill revise the provisions relating to the notice given to a parent or other person responsible for the child’s welfare before such hearings. Sections 11 and 12 also clarify that certain determinations by the court must be made based upon a preponderance of the evidence.

      Existing law provides that a petition alleging that a child is in need of protection may be signed only by: (1) a representative of an agency which provides child welfare services; (2) a law enforcement officer or probation officer; or (3) the district attorney. (NRS 432B.510) Section 8 of this bill authorizes the Attorney General to sign such a petition. Section 9 of this bill makes a conforming change to reflect the change in section 8 authorizing the Attorney General to sign such a petition.

      Existing law authorizes the court to dispose of a case if the court finds by a preponderance of the evidence that the child was in need of protection at the time of the removal of the child from the home. (NRS 432B.530) Section 10 of this bill authorizes the court to dispose of a case if the court finds by a preponderance of the evidence that the child was in need of protection at the time of the completion of the investigation by the agency which provides child welfare services, if the child was not removed from the home.

 

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 432B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An agency which provides child welfare services or its designee may request that the court issue a warrant to place a child in protective custody if there is reasonable cause to believe that the child is in need of protection from injury, abuse or neglect but the threat is not imminent in the time it would take to obtain a warrant.

      2.  If the court, after review of a verified statement or sworn testimony presented by the agency which provides child welfare services or its designee, finds that there is reasonable cause to believe that the child is in need of protection from injury, abuse or neglect, the court may issue a warrant authorizing the child to be placed in protective custody.

      3.  The warrant to place a child in protective custody:

      (a) Must include a finding that it is contrary to the welfare of the child to remain in the home;

      (b) Must identify the basis for the finding that that there is reasonable cause to believe that the child is in need of protection from injury, abuse or neglect;

      (c) Must authorize the agency which provides child welfare services or its designee to immediately place the child in protective custody; and

      (d) May, if there is reasonable cause to believe that the child or the person placing the child in protective custody may be threatened with harm, authorize an agent or officer of a law enforcement agency or an agent or officer of a local juvenile probation department or the local department of juvenile services to assist the agency which provides child welfare services or its designee in placing the child in protective custody.

      4.  A warrant issued pursuant to this section:

      (a) Is enforceable in any jurisdiction in this State; and

      (b) Is valid for 10 days after the date of issuance, unless otherwise specified in the warrant.

 


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      5.  A copy of a warrant issued pursuant to this section must be provided to the parent, guardian or custodian of a child placed in protective custody.

      6.  The provisions of this section do not preclude an agency which provides child welfare services or its designee that has obtained a warrant pursuant to this section from requesting a subsequent warrant if there remains reasonable cause to believe that the child is in need of protection from injury, abuse or neglect.

      7.  If a warrant issued pursuant to this section is executed, a hearing on protective custody must be held in accordance with the provisions of NRS 432B.470 and 432B.480.

      8.  The application for the warrant and the warrant must be filed with the clerk of the court.

      Sec. 2.  NRS 432B.260 is hereby amended to read as follows:

      432B.260  1.  Upon the receipt of a report concerning the possible abuse or neglect of a child, an agency which provides child welfare services or a law enforcement agency shall promptly notify the appropriate licensing authority, if any. A law enforcement agency shall promptly notify an agency which provides child welfare services of any report it receives.

      2.  Upon receipt of a report concerning the possible abuse or neglect of a child, an agency which provides child welfare services or a law enforcement agency shall immediately initiate an investigation if the report indicates that:

      (a) There is a high risk of serious harm to the child;

      (b) The child has suffered a fatality; or

      (c) The child is living in a household in which another child has died, or the child is seriously injured or has visible signs of physical abuse.

      3.  Except as otherwise provided in subsection 2, upon receipt of a report concerning the possible abuse or neglect of a child or notification from a law enforcement agency that the law enforcement agency has received such a report, an agency which provides child welfare services shall conduct an evaluation not later than 3 days after the report or notification was received to determine whether an investigation is warranted. For the purposes of this subsection, an investigation is not warranted if:

      (a) The child is not in imminent danger of harm;

      (b) The child is not vulnerable as the result of any untreated injury, illness or other physical, mental or emotional condition that threatens the immediate health or safety of the child;

      (c) The alleged abuse or neglect of the child or the alleged effect of a fetal alcohol spectrum disorder or prenatal substance use disorder on or the withdrawal symptoms resulting from any prenatal substance exposure of the newborn infant could be eliminated if the child and the family of the child are referred to or participate in social or health services offered in the community, or both; or

      (d) The agency determines that the:

             (1) Alleged abuse or neglect was the result of the reasonable exercise of discipline by a parent or guardian of the child involving the use of corporal punishment; and

             (2) Corporal punishment so administered was not so excessive as to constitute abuse or neglect as described in NRS 432B.150.

      4.  If the agency determines that an investigation is warranted, the agency shall initiate the investigation not later than 3 days after the evaluation is completed.

 


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      5.  If an agency which provides child welfare services investigates a report of alleged abuse or neglect of a child pursuant to NRS 432B.010 to 432B.400, inclusive, and section 1 of this act, the agency shall inform the person responsible for the child’s welfare who is named in the report as allegedly causing the abuse or neglect of the child of any allegation which is made against the person at the initial time of contact with the person by the agency. The agency shall not identify the person responsible for reporting the alleged abuse or neglect.

      6.  If the agency determines that an investigation is not warranted, the agency may, as appropriate:

      (a) Provide counseling, training or other services relating to child abuse and neglect to the family of the child, or refer the family to a person who has entered into an agreement with the agency to provide those services; or

      (b) Conduct an assessment of the family of the child to determine what services, if any, are needed by the family and, if appropriate, provide any such services or refer the family to a person who has entered into a written agreement with the agency to make such an assessment.

      7.  If an agency which provides child welfare services enters into an agreement with a person to provide services to a child or the family of the child pursuant to subsection 6, the agency shall require the person to notify the agency if the child or the family refuses or fails to participate in the services, or if the person determines that there is a serious risk to the health or safety of the child.

      8.  If an agency which provides child welfare services determines pursuant to subsection 3 that an investigation is not warranted, the agency may, at any time, reverse that determination and initiate an investigation.

      9.  An agency which provides child welfare services and a law enforcement agency shall cooperate in the investigation, if any, of a report of abuse or neglect of a child.

      Sec. 3. NRS 432B.340 is hereby amended to read as follows:

      432B.340  1.  If the agency which provides child welfare services determines that a child needs protection, but is not in imminent danger from abuse or neglect [,] and does not need to be placed in protective custody pursuant to NRS 432B.390, it may:

      (a) Offer to the parents or guardian a plan for services and inform the parents or guardian that the agency has no legal authority to compel the parents or guardian to accept the plan but that it has the authority to petition the court pursuant to NRS 432B.490 or to refer the case to the district attorney or a law enforcement agency; or

      (b) File a petition pursuant to NRS 432B.490 and, if a child is adjudicated in need of protection, request that the child be removed from the custody of the parents or guardian or that the child remain at home with or without the supervision of the court or of any person or agency designated by the court.

      2.  If the parent or guardian accepts the conditions of the plan offered by the agency pursuant to paragraph (a) of subsection 1, the agency may elect not to file a petition and may arrange for appropriate services, including medical care, care of the child during the day, management of the home or supervision of the child, the parents or guardian.

      Sec. 4. NRS 432B.390 is hereby amended to read as follows:

      432B.390  1.  An agent or officer of a law enforcement agency, an officer of the local juvenile probation department or the local department of juvenile services, or a designee of an agency which provides child welfare services [:] may place a child in protective custody:

 


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juvenile services, or a designee of an agency which provides child welfare services [:] may place a child in protective custody:

      (a) [May place a child in protective custody without the consent of] If the [person responsible for the child’s welfare if] parent or legal guardian consents to the child being placed in protective custody;

      (b) If the agent, officer or designee has reasonable cause to believe that immediate action is necessary to protect the child from injury, abuse or neglect ; [.

      (b) Shall place a child in protective custody upon]

      (c) Upon the issuance of a warrant to place a child in protective custody pursuant to section 1 of this act; or

      (d) Upon the death of a parent of the child, [without the consent of the person responsible for the welfare of the child,] if the agent, officer or designee has reasonable cause to believe that the death of the parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018.

      2.  When an agency which provides child welfare services receives a report pursuant to subsection 2 of NRS 432B.630, a designee of the agency which provides child welfare services shall immediately place the child in protective custody.

      3.  If there is reasonable cause to believe that the death of a parent of a child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, a protective custody hearing must be held pursuant to NRS 432B.470, whether the child was placed in protective custody or with a relative. If an agency other than an agency which provides child welfare services becomes aware that there is reasonable cause to believe that the death of a parent of a child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, that agency shall immediately notify the agency which provides child welfare services and a protective custody hearing must be scheduled.

      4.  An agency which provides child welfare services shall request the assistance of a law enforcement agency in the removal of a child if the agency has reasonable cause to believe that the child or the person placing the child in protective custody may be threatened with harm.

      5.  Before taking a child for placement in protective custody, the person taking the child shall show his or her identification to any person who is responsible for the child and is present at the time the child is taken. If a person who is responsible for the child is not present at the time the child is taken, the person taking the child shall show his or her identification to any other person upon request. The identification required by this subsection must be a single card that contains a photograph of the person taking the child and identifies the person as a person authorized pursuant to this section to place a child in protective custody.

      6.  A child placed in protective custody pending an investigation and a hearing held pursuant to NRS 432B.470 must be placed, except as otherwise provided in NRS 432B.3905, in the following order of priority:

      (a) In a hospital, if the child needs hospitalization.

      (b) With a person who is related within the fifth degree of consanguinity or a fictive kin, and who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative or fictive kin resides within this State.

      (c) In a foster home that is licensed pursuant to chapter 424 of NRS.

 


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      (d) In any other licensed shelter that provides care to such children.

      7.  Whenever possible, a child placed pursuant to subsection 6 must be placed together with any siblings of the child. Such a child must not be placed in a jail or other place for detention, incarceration or residential care of persons convicted of a crime or children charged with delinquent acts.

      8.  A person placing a child in protective custody pursuant to subsection 1 shall:

      (a) Immediately take steps to protect all other children remaining in the home or facility, if necessary;

      (b) Immediately make a reasonable effort to inform the person responsible for the child’s welfare that the child has been placed in protective custody; and

      (c) As soon as practicable, inform the agency which provides child welfare services and the appropriate law enforcement agency, except that if the placement violates the provisions of NRS 432B.3905, the person shall immediately provide such notification.

      9.  If a child is placed with any person who resides outside this State, the placement must be in accordance with NRS 127.330.

      10.  As used in this section, “fictive kin” means a person who is not related by blood to a child but who has a significant emotional and positive relationship with the child.

      Sec. 5. NRS 432B.410 is hereby amended to read as follows:

      432B.410  1.  Except if the child involved is subject to the jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act, the court has exclusive original jurisdiction in proceedings concerning any child domiciled, living or found within the county who is a child in need of protection or may be a child in need of protection.

      2.  Action taken by the court because of the abuse or neglect of a child does not preclude the prosecution and conviction of any person for violation of NRS 200.508 based on the same facts.

      Sec. 6. NRS 432B.457 is hereby amended to read as follows:

      432B.457  1.  If , upon the initiative of the court or a special master appointed pursuant to NRS 432B.455 or the motion of a party, the court or [a] special master [appointed pursuant to NRS 432B.455] finds that a person has a special interest in a child, the court or [the] special master shall:

      (a) Except for good cause, ensure that the person is involved in and notified of any plan for the temporary or permanent placement of the child and is allowed to offer recommendations regarding the plan; and

      (b) Allow the person to testify at any hearing held pursuant to this chapter to determine any temporary or permanent placement of the child.

      2.  A finding that a person has a special interest in a child pursuant to subsection 1 may be reviewed or modified at any time by the court or special master.

      3.  For the purposes of this section, a person “has a special interest in a child” if:

      (a) The person is:

             (1) A parent or other relative of the child;

             (2) A foster parent or other provider of substitute care for the child;

             (3) A provider of care for the medical or mental health of the child;

             (4) An educational decision maker appointed for the child pursuant to NRS 432B.462; or

 


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             (5) A teacher or other school official who works directly with the child; and

      (b) The person:

             (1) Has a personal interest in the well-being of the child; or

             (2) Possesses information that is relevant to the determination of the placement of the child.

      Sec. 7. NRS 432B.470 is hereby amended to read as follows:

      432B.470  1.  A child [taken into] placed in protective custody pursuant to NRS 432B.390 must be given a hearing, conducted by a judge, master or special master appointed by the judge for that particular hearing, within 72 hours, excluding Saturdays, Sundays and holidays, after being [taken into] placed in protective custody, to determine whether the child should remain in protective custody pending further action by the court.

      2.  Except as otherwise provided in this subsection, notice of the time and place of the hearing must be given to a parent or other person responsible for the child’s welfare:

      (a) By personal service of a written notice;

      (b) Orally [;] , with a written notice mailed to the last known address of the parent or other person responsible for the child’s welfare within 24 hours after the child is placed in protective custody; or

      (c) If the parent or other person responsible for the child’s welfare cannot be located [after a reasonable effort, by posting a written notice on the door of the residence of the parent or other person.] for personal or oral service, by mailing a written notice to the last known address of the parent or other person responsible for the child’s welfare within 24 hours after the child is placed in protective custody.

Ê If the child was delivered to a provider of emergency services pursuant to NRS 432B.630, the parent who delivered the child to the provider shall be deemed to have waived any right to notice of the hearing conducted pursuant to this section.

      3.  If [notice is given by means of paragraph (b) or (c) of subsection 2, a copy of the notice must be mailed to the person at the last known address of the person within 24 hours after the child is placed in protective custody.] the parent or other person responsible for the child’s welfare cannot be located for personal or oral notice and the last known address of the parent or other person responsible for the child’s welfare cannot be ascertained, reasonable efforts must be made to locate and notify the parent or other person responsible for the child’s welfare as soon as possible.

      4.  Actual notice of the hearing or appearance at the hearing shall be deemed to satisfy the requirements relating to notice set forth in this section.

      Sec. 8. NRS 432B.510 is hereby amended to read as follows:

      432B.510  1.  A petition alleging that a child is in need of protection may be signed only by:

      (a) A representative of an agency which provides child welfare services;

      (b) A law enforcement officer or probation officer; or

      (c) The district attorney [.] or the Attorney General.

      2.  The district attorney shall countersign every petition alleging need of protection, other than a petition signed by the Attorney General, and shall represent the interests of the public in all proceedings. If the district attorney fails or refuses to countersign the petition, the petitioner may seek a review by the Attorney General. If the Attorney General determines that a petition should be filed, the Attorney General shall countersign the petition and shall represent the interests of the public in all subsequent proceedings.

 


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should be filed, the Attorney General shall countersign the petition and shall represent the interests of the public in all subsequent proceedings.

      3.  Every petition must be entitled “In the Matter of……………, a child,” and must be verified by the person who signs it.

      4.  Every petition must set forth specifically:

      (a) The facts which bring the child within the jurisdiction of the court as indicated in NRS 432B.410.

      (b) The name, date of birth and address of the primary residence of the child at the time of removal.

      (c) The names and addresses of the residences of the child’s parents and any other person responsible for the child’s welfare, and spouse if any. If the parents or other person responsible for the welfare of the child do not reside in this State or cannot be found within the State, or if their addresses are unknown, the petition must state the name of any known adult relative residing within the State or, if there is none, the known adult relative residing nearest to the court.

      (d) Whether the child is in protective custody and, if so:

             (1) The agency responsible for placing the child in protective custody and the reasons therefor; and

             (2) Whether the child has been placed in a home or facility in compliance with the provisions of NRS 432B.3905. If the placement does not comply with the provisions of NRS 432B.3905, the petition must include a plan for transferring the child to a placement which complies with the provisions of NRS 432B.3905.

      5.  When any of the facts required by subsection 4 are not known, the petition must so state.

      Sec. 9.  NRS 432B.515 is hereby amended to read as follows:

      432B.515  1.  A court clerk may allow any of the following documents to be filed electronically:

      (a) A petition signed by the district attorney or the Attorney General pursuant to NRS 432B.510; or

      (b) A report prepared pursuant to NRS 432B.540.

      2.  Any document that is filed electronically pursuant to this section must contain an image of the signature of the person who is filing the document.

      Sec. 10. NRS 432B.530 is hereby amended to read as follows:

      432B.530  1.  An adjudicatory hearing must be held within 30 days after the filing of the petition, unless good cause is shown or the hearing has been continued until a later date pursuant to NRS 432B.513.

      2.  At the hearing, the court shall inform the parties of the specific allegations in the petition and give them an opportunity to admit or deny them. If the allegations are denied, the court shall hear evidence on the petition.

      3.  In adjudicatory hearings, all relevant and material evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value. The parties or their attorney must be afforded an opportunity to examine and controvert written reports so received and to [cross-examine] examine individuals making reports when reasonably available.

      4.  The court may require the child to be present in court at the hearing.

      5.  If the court finds by a preponderance of the evidence that the child was in need of protection at the time of the removal of the child from the home [,] or, if the child was not removed from the home, at the time of the completion of the investigation by the agency which provides child welfare services, it shall record its findings of fact and may proceed immediately or at another hearing held within 15 working days, to make a proper disposition of the case.

 


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home [,] or, if the child was not removed from the home, at the time of the completion of the investigation by the agency which provides child welfare services, it shall record its findings of fact and may proceed immediately or at another hearing held within 15 working days, to make a proper disposition of the case. If the court finds that the allegations in the petition have not been established, it shall dismiss the petition and, if the child is in protective custody, order the immediate release of the child.

      6.  The findings of fact recorded by the court pursuant to subsection 5 and any specific allegations in the petition admitted to by the parties must be included as part of the disposition of the case in the report required to be made to the Central Registry pursuant to NRS 432B.310.

      Sec. 11. NRS 432B.580 is hereby amended to read as follows:

      432B.580  1.  Except as otherwise provided in this section and NRS 432B.513, if a child is placed pursuant to NRS 432B.550 other than with a parent, the placement must be reviewed by the court at least semiannually, and within 90 days after a request by a party to any of the prior proceedings. Unless the parent, guardian or the custodian objects to the referral, the court may enter an order directing that the placement be reviewed by a panel appointed pursuant to NRS 432B.585.

      2.  An agency acting as the custodian of the child shall, before any hearing for review of the placement of a child, submit a report to the court, or to the panel if it has been designated to review the matter, which includes:

      (a) An evaluation of the progress of the child and the family of the child and any recommendations for further supervision, treatment or rehabilitation.

      (b) Information concerning the placement of the child in relation to the child’s siblings, including, without limitation:

             (1) Whether the child was placed together with the siblings;

             (2) Any efforts made by the agency to have the child placed together with the siblings;

             (3) Any actions taken by the agency to ensure that the child has contact with the siblings; and

             (4) If the child is not placed together with the siblings:

                   (I) The reasons why the child is not placed together with the siblings; and

                   (II) A plan for the child to visit the siblings, which must be presented at the first hearing to occur after the siblings are separated and approved by the court. The plan for visitation must be updated as necessary to reflect any change in the placement of the child or a sibling, including, without limitation, any such change that occurs after the termination of parental rights to the child or a sibling or the adoption of a sibling.

      (c) Information concerning the child’s education, including:

             (1) A copy of any academic plan or individual graduation plan developed for the child pursuant to NRS 388.155, 388.165, 388.205 or 388.227;

             (2) The grade and school in which the child is enrolled;

             (3) The name of each school the child attended before enrolling in the school in which he or she is currently enrolled and the corresponding dates of attendance;

             (4) Whether the child has not completed or passed any course of instruction that the child should have completed or passed by the time the report is submitted, which has resulted in the child having a deficiency in credits;

 


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             (5) A copy of any individualized education program developed for the child;

             (6) A copy of any plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794;

             (7) A summary of any special education services received by the child;

             (8) A copy of the most recent report card of the child;

             (9) A statement of the number of credits earned by the child during the most recent semester, if applicable;

             (10) A statement of the number of times the child has been absent from school during the current or most recent school year for which the child was enrolled in school;

             (11) The scores the child received on any academic assessments or standardized examinations administered to the child;

             (12) Any information provided by the educational decision maker appointed for the child pursuant to NRS 432B.462; and

             (13) Whether a request that the child receive special education services has been made and, if so, the outcome of such a request.

      (d) A copy of any explanations regarding medication that has been prescribed for the child that have been submitted by a foster home pursuant to NRS 424.0383.

      3.  Except as otherwise provided in this subsection, a copy of the report submitted pursuant to subsection 2 must be given to the parents, the guardian ad litem and the attorney, if any, representing the parent or the child. If the child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the parent has not appeared in the action, the report need not be sent to that parent.

      4.  After a plan for visitation between a child and the siblings of the child submitted pursuant to subparagraph (4) of paragraph (b) of subsection 2 has been approved by the court, the agency which provides child welfare services must request the court to issue an order requiring the visitation set forth in the plan for visitation. Upon the issuance of such an order, the court shall provide each sibling of the child with the case number of the proceeding for the purpose of allowing the sibling to petition the court for visitation or enforcement of the order for visitation. If a person refuses to comply with or disobeys an order issued pursuant to this subsection, the person may be punished as for a contempt of court.

      5.  The court or the panel shall hold a hearing to review the placement, unless the parent, guardian or custodian files a motion with the court to dispense with the hearing. If the motion is granted, the court or panel may make its determination from any report, statement or other information submitted to it.

      6.  Except as otherwise provided in subsection 7 and subsection 5 of NRS 432B.520, notice of the hearing must be filed with the court and must be given by [registered or certified] first-class mail or any other means agreed upon in writing between the agency which provides child welfare services and the recipient of the notice to:

      (a) All the parties to any of the prior proceedings;

      (b) Any persons planning to adopt the child;

      (c) A sibling of the child, if known, who has been granted a right to visitation of the child pursuant to this section or NRS 127.171 and his or her attorney, if any;

 


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      (d) Any other relatives of the child or providers of foster care who are currently providing care to the child; and

      (e) The educational decision maker appointed for the child pursuant to NRS 432B.462.

      7.  The notice of the hearing required to be filed and given pursuant to subsection 6:

      (a) Must include a statement indicating that if the child is placed for adoption the right to visitation of the child is subject to the provisions of NRS 127.171;

      (b) Must not include any confidential information described in NRS 127.140;

      (c) Need not be given to a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040; and

      (d) Need not be given to a parent who delivered a child to a provider of emergency services pursuant to NRS 432B.630.

      8.  The court or panel may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 6 a right to be heard at the hearing.

      9.  The court or panel shall [review:] , after considering the report provided in subsection 2 and any other relevant evidence, determine based on a preponderance of the evidence:

      (a) The continuing necessity for and appropriateness of the placement;

      (b) The extent of compliance with the plan submitted pursuant to subsection 2 of NRS 432B.540;

      (c) Any progress which has been made in alleviating the problem which resulted in the placement of the child;

      (d) The date the child may be returned to, and safely maintained in, the home or placed for adoption or under a legal guardianship; and

      (e) [The information described in paragraph (c) of subsection 2 to determine whether] Whether the child is making adequate academic progress and receiving the educational services or supports necessary to ensure the academic success of the child.

      10.  The provision of notice and a right to be heard pursuant to this section does not cause any person planning to adopt the child, any sibling of the child or any other relative, any adoptive parent of a sibling of the child or a provider of foster care to become a party to the hearing.

      11.  As used in this section, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

      Sec. 12. NRS 432B.590 is hereby amended to read as follows:

      432B.590  1.  Except as otherwise provided in subsection 2 and NRS 432B.513, the court shall hold a hearing concerning the permanent placement of a child:

      (a) Not later than 12 months after the initial removal of the child from the home of the child and annually thereafter.

      (b) Within 30 days after making any of the findings set forth in subsection 3 of NRS 432B.393.

Ê Notice of this hearing must be filed with the court and must be given by [registered or certified] first-class mail or any other means agreed upon in writing between the agency which provides child welfare services and the recipient of the notice to all the persons to whom notice must be given pursuant to subsection 6 of NRS 432B.580.

 


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ê2021 Statutes of Nevada, Page 2244 (CHAPTER 376, AB 426)ê

 

      2.  A parent who delivered a child to a provider of emergency services pursuant to NRS 432B.630 shall be deemed to have waived any right to notice pursuant to this section.

      3.  The court may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 1 a right to be heard at the hearing.

      4.  At the hearing, the court shall review the report submitted by the agency which provides child welfare services pursuant to subsection 2 of NRS 432B.580, any plan for the permanent placement of the child adopted pursuant to NRS 432B.553 and any other relevant evidence and, if the goal of the plan is a permanent living arrangement other than reunification with his or her parents, placement for adoption, placement with a legal guardian or placement with a relative, ask the child about his or her desired permanent living arrangement. After doing so, the court must determine [:] , based on a preponderance of the evidence:

      (a) Whether the agency with legal custody of the child has made the reasonable efforts required by subsection 1 of NRS 432B.553;

      (b) Whether, and if applicable when:

             (1) The child should be returned to the parents of the child or placed with other relatives;

             (2) It is in the best interests of the child to:

                   (I) Initiate proceedings to terminate parental rights pursuant to chapter 128 of NRS so that the child can be placed for adoption;

                   (II) Initiate proceedings to establish a guardianship pursuant to chapter 159A of NRS; or

                   (III) Establish a guardianship in accordance with NRS 432B.466 to 432B.468, inclusive; or

             (3) The agency with legal custody of the child has produced documentation of its conclusion that there is a compelling reason for the placement of a child who has attained the age of 16 years in another permanent living arrangement;

      (c) If the child will not be returned to the parents of the child, whether the agency with legal custody of the child fully considered placement options both within and outside of this State;

      (d) If the child has attained the age of 14 years, whether the child will receive the services needed to assist the child in transitioning to independent living; and

      (e) If the child has been placed outside of this State, whether the placement outside of this State continues to be appropriate for and in the best interests of the child.

      5.  The court shall prepare an explicit statement of the facts upon which each of its determinations is based pursuant to subsection 4. If the court determines that it is not in the best interests of the child to be returned to his or her parents, or to be placed for adoption, with a legal guardian or with a relative, the court must include compelling reasons for this determination and an explanation of those reasons in its statement of the facts.

      6.  If the court determines that it is in the best interests of the child to terminate parental rights, the court shall use its best efforts to ensure that the procedures required by chapter 128 of NRS are completed within 6 months after the date the court makes that determination, including, without limitation, appointing a private attorney to expedite the completion of the procedures.

 


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ê2021 Statutes of Nevada, Page 2245 (CHAPTER 376, AB 426)ê

 

      7.  The provisions of this section do not limit the jurisdiction of the court to review any decisions of the agency with legal custody of the child regarding the permanent placement of the child.

      8.  If a child has been placed outside of the home and has resided outside of the home pursuant to that placement for 14 months of any 20 consecutive months, the best interests of the child must be presumed to be served by the termination of parental rights.

      9.  This hearing may take the place of the hearing for review required by NRS 432B.580.

      10.  The provision of notice and a right to be heard pursuant to this section does not cause any person planning to adopt the child, any sibling of the child or any other relative, any adoptive parent of a sibling of the child or a provider of foster care to become a party to the hearing.

________

CHAPTER 377, AB 444

Assembly Bill No. 444–Committee on Growth and Infrastructure

 

CHAPTER 377

 

[Approved: June 4, 2021]

 

AN ACT relating to limousines; authorizing a transportation network company to contract with a limousine motor carrier to provide limousine services through the use of the digital network or software application service of the transportation network company; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a transportation network company to enter into an agreement with one or more drivers to receive connections to potential passengers from the company in exchange for the payment of a fee by the driver to the company. (NRS 706A.160) Section 5 of this bill authorizes a transportation network company to enter into a contract with certain limousine motor carriers who hold a certificate of public convenience and necessity to operate a limousine to allow drivers employed by the limousine motor carrier to receive connections to potential passengers from the transportation network company in exchange for the payment of a fee by the limousine motor carrier. Section 5 requires a limousine motor carrier that has entered into such a contract to notify the transportation network company of any change in the status of the certificate of public convenience and necessity of the limousine motor carrier. Section 5 applies certain excise taxes imposed on transportation network companies to limousine services provided pursuant to a contract with a transportation network company. Sections 2-4 of this bill define terms relating to limousines.

      Section 7 of this bill amends the term “driver” as used in the provisions of NRS governing transportation network companies to exclude a limousine driver providing limousine services pursuant to a contract between a transportation network company and a limousine motor carrier.

      Sections 8-10 of this bill make conforming changes to reflect that a limousine driver and limousine motor carrier that provide limousine services pursuant to a contract with a transportation network company remain subject to the provisions of NRS governing motor carriers.

 


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ê2021 Statutes of Nevada, Page 2246 (CHAPTER 377, AB 444)ê

 

      Existing law requires a transportation network company to obtain certain information concerning a driver before allowing the driver to be connected to potential passengers. (NRS 706A.160) Section 11 of this bill exempts a limousine driver who is providing limousine services pursuant to an agreement with a limousine motor carrier from these requirements.

      Section 11.5 of this bill authorizes a transportation network company to charge a fare on behalf of a limousine motor carrier for limousine services provided pursuant to a contract with the company and requires the method of calculating the fare and, if a passenger elects to receive it, an estimate of the fare to be disclosed by the transportation network company before the passenger enters the limousine of the limousine driver. Section 11.5 also prohibits a limousine driver when providing limousine services from soliciting or accepting cash as payment of the fare.

      Section 12 of this bill requires a transportation network company to transmit to a passenger a photo of the limousine driver who will be providing limousine services and the license plate of the limousine before the passenger enters the limousine.

      Section 13 of this bill requires a transportation network company to transmit an electronic receipt to a passenger who receives limousine services through the transportation network company.

      Section 14 of this bill authorizes a transportation network company to transmit the name and telephone number of a passenger to a limousine driver for the purposes of correctly identifying and communicating with the passenger.

      Section 14.5 of this bill: (1) prohibits a local governmental entity, with certain exceptions, from imposing any tax or fee or imposing certain requirements on a limousine motor carrier that has entered into a contract with a transportation network company or a limousine driver when providing limousine services; and (2) authorizes a local government or airport to require a limousine motor carrier that has entered into a contract with a transportation network company or a limousine driver who provides limousine services to obtain a local business license or comply with certain requirements to operate at the airport.

 

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 706A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2. “Limousine driver” means a person who has been issued a driver’s permit by the Authority pursuant to NRS 706.462 and is employed or under a contract to operate a limousine for a limousine motor carrier.

      Sec. 3. “Limousine motor carrier” means a motor carrier who has obtained a certificate of public convenience and necessity to operate a limousine which does not limit the number of limousines that the motor carrier is authorized to operate.

      Sec. 4. “Limousine services” means the transportation in a limousine by a limousine driver of one or more passengers between points chosen by the passenger or passengers and prearranged through the use of the digital network or software application service of a transportation network company. The term includes only the period beginning when a limousine driver accepts a request by a passenger for transportation through the digital network or software application service of a transportation network company and ending when the last such passenger fully disembarks from the limousine operated by the limousine driver.

      Sec. 5. 1.  A transportation network company may enter into a contract with a limousine motor carrier whereby limousine drivers employed by the limousine motor carrier may receive connections to potential passengers and related services from a transportation network company in exchange for the payment of a fee by the limousine motor carrier to the transportation network company.

 


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ê2021 Statutes of Nevada, Page 2247 (CHAPTER 377, AB 444)ê

 

employed by the limousine motor carrier may receive connections to potential passengers and related services from a transportation network company in exchange for the payment of a fee by the limousine motor carrier to the transportation network company.

      2.  Notwithstanding any contract entered into pursuant to subsection 1, a limousine motor carrier shall not provide limousine services through a transportation network company unless the transportation network company holds a valid permit issued by the Authority pursuant to this chapter.

      3.  A limousine motor carrier which enters into a contract pursuant to subsection 1:

      (a) Remains subject to the provisions of chapter 706 of NRS and any regulations adopted pursuant thereto, including with respect to limousine services provided pursuant to a contract entered into pursuant to subsection 1.

      (b) Shall notify the transportation network company of any change in the status of the certificate of public convenience and necessity of the limousine motor carrier within 24 hours after the limousine motor carrier receives notice of or becomes aware of such a change.

      4.  The fare charged for the transportation of a passenger by a limousine driver pursuant to a contract entered into pursuant to subsection 1 is subject to the excise tax imposed pursuant to NRS 372B.140 and exempt from the excise tax imposed pursuant to NRS 372B.150.

      Sec. 6. NRS 706A.020 is hereby amended to read as follows:

      706A.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 706A.030 to 706A.060, inclusive, and sections 2, 3 and 4 of this act, have the meanings ascribed to them in those sections.

      Sec. 7. NRS 706A.040 is hereby amended to read as follows:

      706A.040  “Driver” [means] :

      1.  Means a natural person who:

      [1.](a) Operates a motor vehicle that is owned, leased or otherwise authorized for use by the person; and

      [2.](b) Enters into an agreement with a transportation network company to receive connections to potential passengers and related services from a transportation network company in exchange for the payment of a fee to the transportation network company.

      2.  Does not include a limousine driver who provides limousine services under a contract entered into pursuant to section 5 of this act.

      Sec. 8. NRS 706A.075 is hereby amended to read as follows:

      706A.075  1.  Except as otherwise provided in subsection 2, the provisions of this chapter do not exempt any person from any law governing the operation of a motor vehicle upon the highways of this State.

      2.  A transportation network company which holds a valid permit issued by the Authority pursuant to this chapter, a driver who has entered into an agreement with such a company and a vehicle operated by such a driver are exempt from:

      (a) The provisions of chapter 704 of NRS relating to public utilities; and

      (b) Except as otherwise provided in NRS 706.88396 [,] and section 5 of this act, the provisions of chapter 706 of NRS,

Ê to the extent that the services provided by the company or driver are within the scope of the permit.

 


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ê2021 Statutes of Nevada, Page 2248 (CHAPTER 377, AB 444)ê

 

      Sec. 9. NRS 706A.110 is hereby amended to read as follows:

      706A.110  1.  A transportation network company shall not engage in business in this State unless the company holds a valid permit issued by the Authority pursuant to this chapter.

      2.  A driver shall not provide transportation services unless the company with which the driver is affiliated holds a valid permit issued by the Authority pursuant to this chapter.

      3.  The Authority is authorized and empowered to regulate, pursuant to the provisions of this chapter, all transportation network companies and drivers who operate or wish to operate within this State. Except as otherwise provided in NRS 706.88396 [,] and section 5 of this act, the Authority shall not apply any provision of chapter 706 of NRS to a transportation network company or a driver who operates within the provisions of this chapter and the regulations adopted pursuant thereto.

      Sec. 10. NRS 706A.130 is hereby amended to read as follows:

      706A.130  1.  Upon receipt of a completed application and upon a determination by the Authority that an applicant meets the requirements for the issuance of a permit to operate a transportation network company, the Authority shall issue to the applicant within 30 days a permit to operate a transportation network company in this State.

      2.  In accordance with the provisions of this chapter, a permit issued pursuant to this section:

      (a) Authorizes a transportation network company to connect one or more passengers through the use of a digital network or software application service to a driver who can provide transportation services.

      (b) Authorizes a transportation network company to make its digital network or software application service available to one or more drivers to receive connections to potential passengers from the company in exchange for the payment of a fee by the driver to the company.

      (c) Except as otherwise provided in NRS 706.88396 [,] and section 5 of this act, does not authorize a transportation network company or any driver to engage in any activity otherwise regulated pursuant to chapter 706 of NRS other than the activity authorized by this chapter.

      3.  Nothing in this chapter prohibits the issuance of a permit to operate a transportation network company to a person who is regulated pursuant to chapter 706 of NRS if the person submits an application pursuant to NRS 706A.120 and meets the requirements for the issuance of a permit.

      Sec. 11. NRS 706A.160 is hereby amended to read as follows:

      706A.160  1.  A transportation network company may enter into an agreement with one or more drivers to receive connections to potential passengers from the company in exchange for the payment of a fee by the driver to the company.

      2.  Before a transportation network company allows a person to be connected to potential passengers using the digital network or software application service of the company pursuant to an agreement with the company, except for a contract entered into pursuant to section 5 of this act, the company must:

      (a) Require the person to submit an application to the company, which must include, without limitation:

             (1) The name, age and address of the applicant.

             (2) A copy of the driver’s license of the applicant.

             (3) A record of the driving history of the applicant.

 


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ê2021 Statutes of Nevada, Page 2249 (CHAPTER 377, AB 444)ê

 

             (4) A description of the motor vehicle of the applicant and a copy of the motor vehicle registration.

             (5) Proof that the applicant has complied with the requirements of NRS 485.185.

      (b) At the time of application and not less than once every 3 years thereafter, conduct or contract with a third party to conduct an investigation of the criminal history of the applicant, which must include, without limitation:

             (1) A review of a commercially available database containing criminal records from each state which are validated using a search of the primary source of each record.

             (2) A search of a database containing the information available in the sex offender registry maintained by each state.

      (c) At the time of application and not less than once every year thereafter, obtain and review a complete record of the driving history of the applicant.

      3.  A transportation network company may enter into an agreement with a driver if:

      (a) The applicant is at least 19 years of age.

      (b) The applicant possesses a valid driver’s license issued by the Department of Motor Vehicles unless the applicant is exempt from the requirement to obtain a Nevada driver’s license pursuant to NRS 483.240.

      (c) The applicant provides proof that the motor vehicle operated by him or her is registered with the Department of Motor Vehicles unless the applicant is exempt from the requirement to register the motor vehicle in this State pursuant to NRS 482.385.

      (d) The applicant provides proof that the motor vehicle operated by him or her is operated and maintained in compliance with all applicable federal, state and local laws.

      (e) The applicant provides proof that he or she currently is in compliance with the provisions of NRS 485.185.

      (f) In the 3 years immediately preceding the date on which the application is submitted, the applicant has not been found guilty of three or more violations of the motor vehicle laws of this State or any traffic ordinance of any city or town, the penalty prescribed for which is a misdemeanor.

      (g) In the 3 years immediately preceding the date on which the application is submitted, the applicant has not been found guilty of any violation of the motor vehicle laws of this State or any traffic ordinance of any city or town, the penalty prescribed for which is a gross misdemeanor or felony.

      (h) In the 7 years immediately preceding the date on which the application is submitted, the applicant has not been found guilty of any violation of federal, state or local law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.

      (i) In the 7 years immediately preceding the date on which the application is submitted, the applicant has not been found guilty of any crime involving an act of terrorism, an act of violence, a sexual offense, fraud, theft, damage to property of another or the use of a motor vehicle in the commission of a felony.

      (j) The name of the applicant does not appear in the database searched pursuant to subparagraph (2) of paragraph (b) of subsection 2.

 


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ê2021 Statutes of Nevada, Page 2250 (CHAPTER 377, AB 444)ê

 

      4.  A driver shall, not later than 6 months after a transportation network company allows the driver to be connected to potential passengers using the digital network or software application service of the company pursuant to an agreement with the company and annually thereafter, on or before the anniversary date of that agreement, provide to the company verification that the driver holds a valid state business license pursuant to chapter 76 of NRS. Such verification may consist of the business identification number assigned by the Secretary of State to the driver upon compliance with the provisions of chapter 76 of NRS.

      5.  A transportation network company shall terminate an agreement with any driver who:

      (a) Fails to submit to the transportation network company a change in his or her address, driver’s license or motor vehicle registration within 30 days after the date of the change.

      (b) Fails to immediately report to the transportation network company any change in his or her driving history or criminal history.

      (c) Refuses to authorize the transportation network company to obtain and review an updated complete record of his or her driving history not less than once each year and an investigation of his or her criminal history not less than once every 3 years.

      (d) Is determined by the transportation network company to be ineligible for an agreement pursuant to subsection 3 on the basis of any updated information received by the transportation network company.

      (e) Fails to comply with the provisions of subsection 4.

      Sec. 11.5. NRS 706A.170 is hereby amended to read as follows:

      706A.170  1.  In accordance with the provisions of this chapter, a transportation network company which holds a valid permit issued by the Authority pursuant to this chapter may, on behalf of a driver [,] or a limousine motor carrier with which the company has entered into a contract pursuant to section 5 of this act, charge a fare for transportation services or limousine services provided to a passenger by the driver [.] or limousine driver.

      2.  If a fare is charged, the company must disclose the rates charged by the company and the method by which the amount of a fare is calculated:

      (a) On an Internet website maintained by the company; or

      (b) Within the digital network or software application service of the company.

      3.  If a fare is charged, the company must offer to each passenger the option to receive, before the passenger enters the motor vehicle of a driver [,] or limousine of a limousine driver, an estimate of the amount of the fare that will be charged to the passenger.

      4.  A transportation network company may accept payment of a fare only electronically. A transportation network company or a driver or limousine driver when providing limousine services shall not solicit or accept cash as payment of a fare.

      5.  A transportation network company shall not impose any additional charge for a driver who provides transportation services or a limousine driver who provides limousine services to a person with a physical disability because of the disability.

      6.  The Authority may adopt regulations establishing a maximum fare that may be charged during an emergency, as defined in NRS 414.0345.

 


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ê2021 Statutes of Nevada, Page 2251 (CHAPTER 377, AB 444)ê

 

      Sec. 12. NRS 706A.200 is hereby amended to read as follows:

      706A.200  For each instance in which a driver or limousine driver provides transportation services or limousine services to a passenger, the transportation network company which connected the passenger to the driver or limousine driver shall provide to the passenger, before the passenger enters the motor vehicle of a driver [,] or limousine of a limousine driver, a photograph of the driver or limousine driver who will provide the transportation services or limousine services and the license plate number of the motor vehicle operated by the driver [.] or limousine operated by the limousine driver. The information required by this section must be provided to the passenger:

      1.  On an Internet website maintained by the company; or

      2.  Within the digital network or software application service of the company.

      Sec. 13. NRS 706A.210 is hereby amended to read as follows:

      706A.210  A transportation network company which connected a passenger to a driver or limousine driver when providing limousine services shall, within a reasonable period following the provision of transportation services or limousine services by the driver or limousine driver to the passenger, transmit to the passenger an electronic receipt, which must include, without limitation:

      1.  A description of the point of origin and the destination of the transportation services [;] or limousine services;

      2.  The total time for which transportation services or limousine services were provided;

      3.  The total distance traveled; and

      4.  An itemization of the fare, if any, charged for the transportation services [.] or limousine services.

      Sec. 14. NRS 706A.250 is hereby amended to read as follows:

      706A.250  1.  Except as otherwise provided in this section, a transportation network company shall not disclose to any person the personally identifiable information of a passenger who received services from the company unless:

      (a) The disclosure is otherwise required by law;

      (b) The company determines that disclosure is required to protect or defend the terms of use of the services or to investigate violations of those terms of use; or

      (c) The passenger consents to the disclosure.

      2.  A transportation network company may disclose to a driver or limousine driver when providing limousine services the name and telephone number of a passenger for the purposes of facilitating correct identification of the passenger and facilitating communication between the driver or limousine driver and the passenger.

      Sec. 14.5. NRS 706A.310 is hereby amended to read as follows:

      706A.310  1.  Except as otherwise provided in subsection 2, a local governmental entity shall not:

      (a) Impose any tax or fee on a transportation network company operating within the scope of a valid permit issued by the Authority pursuant to this chapter, a driver who has entered into an agreement with such a company , a limousine motor carrier that has entered into a contract with such a company pursuant to section 5 of this act for the provision of limousine services or a vehicle operated by such a driver or by a limousine driver when providing limousine services or for transportation services or limousine services provided by such a driver [.]

 


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ê2021 Statutes of Nevada, Page 2252 (CHAPTER 377, AB 444)ê

 

when providing limousine services or for transportation services or limousine services provided by such a driver [.] or limousine driver.

      (b) Require a transportation network company operating within the scope of a valid permit issued by the Authority pursuant to this chapter to obtain from the local government any certificate, license or permit to operate within that scope or require a driver who has entered into an agreement with such a company , a limousine motor carrier who has entered into a contract with a transportation network company pursuant to section 5 of this act or a limousine driver when providing limousine services to obtain from the local government any certificate, license or permit to provide transportation services [.] or limousine services.

      (c) Impose any other requirement upon a transportation network company or a driver , a limousine motor carrier who has entered into an agreement with a transportation network company pursuant to section 5 of this act or a limousine driver when providing limousine services which is not of general applicability to all persons who operate a motor vehicle within the jurisdiction of the local government.

      2.  Nothing in this section:

      (a) Prohibits a local governmental entity from requiring a transportation network company [or] , a driver , a limousine motor carrier that has entered into a contract with a transportation network company pursuant to section 5 of this act or a limousine driver who provides limousine services to obtain from the local government a business license or to pay any business license fee in the same manner that is generally applicable to any other business that operates within the jurisdiction of the local government.

      (b) Prohibits an airport or its governing body from requiring a transportation network company , [or] a driver , a limousine motor carrier that has entered into a contract with a transportation network company pursuant to section 5 of this act or a limousine driver who provides limousine services to:

             (1) Obtain a permit or certification to operate at the airport;

             (2) Pay a fee to operate at the airport; or

             (3) Comply with any other requirement to operate at the airport.

      (c) Exempts a vehicle operated by a driver , a limousine motor carrier that has entered into a contract with a transportation network company pursuant to section 5 of this act or a limousine driver who provides limousine services from any tax imposed pursuant to NRS 354.705, 371.043 or 371.045.

      3.  The provisions of this chapter do not exempt any person from the requirement to obtain a state business license issued pursuant to chapter 76 of NRS. A transportation network company shall notify each driver of the requirement to obtain a state business license issued pursuant to chapter 76 of NRS and the penalties for failing to obtain a state business license.

      Sec. 15.  Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, 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. 16.  This act becomes effective on July 1, 2021.

________

 


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ê2021 Statutes of Nevada, Page 2253ê

 

CHAPTER 378, AB 471

Assembly Bill No. 471–Committee on Ways and Means

 

CHAPTER 378

 

[Approved: June 4, 2021]

 

AN ACT relating to health care; requiring applicants for the issuance or renewal of certain registrations and the renewal of certain licenses to pay a fee to support the system for the reporting of information on cancer and other neoplasms; requiring certain facilities and providers of health care to report information to the system; revising provisions relating to the reporting of information to the system; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Chief Medical Officer to establish and maintain a system for the reporting of information on cancer and other neoplasms. (NRS 457.230) Existing law requires the chief administrative officer of each health care facility in this State to make available to the Chief Medical Officer or his or her representative the records of the health care facility for each reportable neoplasm. (NRS 457.250) Existing law additionally requires providers of health care who diagnose or treat cancer or other neoplasms to report information to the system unless the case was directly referred or previously admitted to a hospital, medical laboratory or other facility. (NRS 457.230) Section 4 of this bill removes that exemption, thereby requiring providers of health care who diagnose or provide treatment for cancer or other neoplasms to report information to the system regardless of whether the case was referred or previously admitted to a hospital, medical laboratory or other facility.

      Existing law requires: (1) the chief administrative officer of certain facilities that provide health-related services to make available to the Chief Medical Officer or the Chief Medical Officer’s representative the records of the health care facility for each case of neoplasm which is required to be reported; (2) the Division of Public and Behavioral Health of the Department of Health and Human Services to abstract or require such a facility to abstract certain information from such records; (3) each health care facility from whose records such information is abstracted by the Division to pay a fee; and (4) the Division to compile the information not later than 6 months after abstraction. (NRS 457.250) Existing law additionally provides for the confidentiality of any identifying information concerning a patient or facility in abstracted records. (NRS 457.270) Sections 6 and 7 of this bill make those provisions also applicable to certain other facilities and providers of health care, and section 2 of this bill defines those facilities and providers of health care. Additionally, section 6 revises terminology to refer to a facility or provider who provides information to the Division as reporting the information rather than abstracting it. Finally, section 6 requires the abstraction or reporting of the information to be completed not later than 6 months after the admission, diagnosis or treatment of a patient for cancer or another neoplasm.

      Sections 1, 3, 8 and 9 of this bill require an applicant for the issuance or renewal of registration of a radiation machine, a certificate of authorization for a radiation machine for mammography or the renewal of certain licenses issued by the Division to pay a fee in an amount prescribed by the Division pursuant to section 5 of this bill to support the system for the reporting of information on cancer and other neoplasms. Under section 5: (1) the amount of the fee must not exceed 8 percent of the fee for the issuance or renewal of the applicable license, registration or certificate; and (2) the fees collected must be accounted for separately and used by the Division to support the system for reporting information on cancer and other neoplasms.

 


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ê2021 Statutes of Nevada, Page 2254 (CHAPTER 378, AB 471)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 449.089 is hereby amended to read as follows:

      449.089  1.  Each license issued pursuant to NRS 449.029 to 449.2428, inclusive, expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to NRS 449.050 and subsection 4, as applicable, unless the Division finds, after an investigation, that the facility has not:

      (a) Satisfactorily complied with the provisions of NRS 449.029 to 449.2428, inclusive, or the standards and regulations adopted by the Board;

      (b) Obtained the approval of the Director of the Department of Health and Human Services before undertaking a project, if such approval is required by NRS 439A.100; or

      (c) Conformed to all applicable local zoning regulations.

      2.  Each reapplication for an agency to provide personal care services in the home, an agency to provide nursing in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a provider of community-based living arrangement services, a hospital described in 42 U.S.C. § 1395ww(d)(1)(B)(iv), a psychiatric hospital that provides inpatient services to children, a psychiatric residential treatment facility, a residential facility for groups, a program of hospice care, a home for individual residential care, a facility for the care of adults during the day, a facility for hospice care, a nursing pool, a peer support recovery organization, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5, a hospital that provides swing-bed services as described in 42 C.F.R. § 482.58 or, if residential services are provided to children, a medical facility or facility for the treatment of alcohol or other substance use disorders must include, without limitation, a statement that the facility, hospital, agency, program, pool, organization or home is in compliance with the provisions of NRS 449.115 to 449.125, inclusive, and 449.174.

      3.  Each reapplication for an agency to provide personal care services in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a facility for the care of adults during the day, a peer support recovery organization, a residential facility for groups or a home for individual residential care must include, without limitation, a statement that the holder of the license to operate, and the administrator or other person in charge and employees of, the facility, agency, pool, organization or home are in compliance with the provisions of NRS 449.093.

      4.  Each reapplication for a surgical center for ambulatory patients, facility for the treatment of irreversible renal disease, facility for hospice care, program of hospice care, hospital, facility for intermediate care, facility for skilled nursing, agency to provide personal care services in the home or rural clinic must be accompanied by the fee prescribed by the State Board of Health pursuant to NRS 457.240, in addition to the fees imposed pursuant to NRS 449.050.

 


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ê2021 Statutes of Nevada, Page 2255 (CHAPTER 378, AB 471)ê

 

      Sec. 2. NRS 457.020 is hereby amended to read as follows:

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

      1.  “Cancer” means all malignant neoplasms, regardless of the tissue of origin, including malignant lymphoma and leukemia.

      2.  “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

      3.  “Health care facility” has the meaning ascribed to it in NRS 162A.740 and also includes freestanding facilities for plastic reconstructive, oral and maxillofacial surgery.

      4.  “Other treatment facility” means a facility, other than a health care facility, that provides services to patients with cancer and other neoplasms, including, without limitation, screening, diagnosis and treatment.

      5.  “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 3. NRS 457.184 is hereby amended to read as follows:

      457.184  1.  The owner, lessee or other responsible person shall not operate or allow to be operated a radiation machine for mammography unless he or she:

      (a) Has a valid certificate of authorization from the Division for the machine; and

      (b) Is accredited by the American College of Radiology or meets the standards established by the State Board of Health pursuant to subsection 1 of NRS 457.065.

      2.  To obtain a certificate of authorization from the Division for a radiation machine for mammography, a person must:

      (a) Submit an application to the Division on a form provided by the Division;

      (b) Provide any additional information required by the Division; [and]

      (c) Pay the fee required by the Division which must be calculated to cover the administrative costs directly related to the process of issuing the certificates [.] ; and

      (d) Pay the fee prescribed by the State Board of Health pursuant to NRS 457.240.

      3.  After an inspection, the Division shall issue a certificate of authorization for a radiation machine for mammography if the machine:

      (a) Meets the standards adopted by the State Board of Health pursuant to subsection 2 of NRS 457.065;

      (b) Is specifically designed to perform mammography; and

      (c) Is used to perform mammography and may be used for screening, diagnostic or therapeutic purposes.

      4.  A certificate of authorization for a radiation machine for mammography expires 1 year after the date on which it was issued unless renewed before that date. The Division may require an inspection of the machine as a prerequisite to renewal of a certificate and shall charge [a] :

      (a) A fee for renewal that is calculated to cover the administrative costs directly related to the process of renewing certificates [.] ; and

      (b) The fee prescribed by the State Board of Health pursuant to NRS 457.240.

 


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ê2021 Statutes of Nevada, Page 2256 (CHAPTER 378, AB 471)ê

 

      5.  A person who owns or leases or is otherwise responsible for more than one radiation machine for mammography shall obtain a certificate of authorization for each radiation machine.

      Sec. 4. NRS 457.230 is hereby amended to read as follows:

      457.230  1.  The Chief Medical Officer shall, pursuant to the regulations of the State Board of Health, establish and maintain a system for the reporting of information on cancer and other neoplasms.

      2.  The system must include a record of the cases of cancer and other neoplasms, which are specified by the State Board of Health as subject to reporting, which occur in this state along with such information concerning the cases as may be appropriate to form the basis for:

      (a) The conducting of comprehensive epidemiologic surveys of cancer, cancer-related diseases and other neoplasms in this state; and

      (b) The evaluation of the appropriateness of measures for the prevention and control of cancer and other neoplasms.

      3.  Hospitals, medical laboratories and other facilities that provide screening, diagnostic or therapeutic services to patients with respect to cancer and other neoplasms shall report information on cases of cancer and other neoplasms, which are specified by the State Board of Health as subject to reporting, to the system.

      4.  Any provider of health care who diagnoses or provides treatment for cancer or other neoplasms [, except for cases directly referred or previously admitted to a hospital, medical laboratory or other facility described in subsection 3,] shall report information on cases of cancer and other neoplasms, which are specified by the State Board of Health as subject to reporting, to the system.

      5.  As used in this section [:

      (a) “Medical] , “medical laboratory” has the meaning ascribed to it in NRS 652.060.

      [(b) “Provider of health care” has the meaning ascribed to it in NRS 629.031.]

      Sec. 5. NRS 457.240 is hereby amended to read as follows:

      457.240  1.  The State Board of Health shall by regulation:

      [1.](a) Prescribe the form and manner in which the information on cases of cancer and other neoplasms must be reported;

      [2.](b) Specify the neoplasms which must be reported;

      [3.](c) Prescribe other information to be included in each such report, for example, the patient’s name and address, the pathological findings, the stage of the disease, the environmental and occupational factors, the methods of treatment, the incidence of cancer or other neoplasms in the patient’s family, and the places where the patient has resided; [and

      4.](d) Establish a protocol for obtaining access to and preserving the confidentiality of the patients’ records needed for research into cancer and other neoplasms [.] ; and

      (e) Prescribe a fee to be imposed on an applicant for:

             (1) The issuance or renewal of a certificate of authorization for a radiation machine for mammography pursuant to NRS 457.184;

             (2) The issuance or renewal of registration of a radiation machine pursuant to the regulations adopted by the State Board of Health pursuant to NRS 459.201;

             (3) The renewal of a license to operate a surgical center for ambulatory patients, facility for the treatment of irreversible renal disease, facility for hospice care, program of hospice care, hospital, facility for intermediate care, facility for skilled nursing, agency to provide personal care services in the home or a rural clinic pursuant to NRS 449.089; or

 


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ê2021 Statutes of Nevada, Page 2257 (CHAPTER 378, AB 471)ê

 

facility for hospice care, program of hospice care, hospital, facility for intermediate care, facility for skilled nursing, agency to provide personal care services in the home or a rural clinic pursuant to NRS 449.089; or

             (4) The renewal of a license to operate a medical laboratory, other than a laboratory in which the only test performed is a test for the detection of the human immunodeficiency virus that is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations, pursuant to NRS 652.080.

      2.  The amount of any fee prescribed pursuant to paragraph (e) of subsection 1 must not exceed 8 percent of the fee for the issuance or renewal of the applicable license, certificate or registration. For the purposes of this subsection, the fee for the renewal of a license to operate a facility described in subparagraph (3) of paragraph (e) of subsection 1 does not include any fee that is imposed per bed in the facility.

      3.  The fees collected pursuant to paragraph (e) of subsection 1 must be accounted for separately and used by the Division to support the system for the reporting of information on cancer and other neoplasms established pursuant to NRS 457.230.

      Sec. 6. NRS 457.250 is hereby amended to read as follows:

      457.250  1.  [The chief administrative officer of each] Each health care facility , other treatment facility and provider of health care in this state shall make available to the Chief Medical Officer or the Chief Medical Officer’s representative the records of the health care facility , other treatment facility or provider of health care for each case of neoplasm that is specified by the State Board of Health as subject to reporting.

      2.  The Division shall abstract from the records of the health care facility , other treatment facility or provider of health care or shall require the health care facility , other treatment facility or provider of health care to [abstract from their own records] report to the Division such information as is required by the State Board of Health. The [Division shall compile the information timely and] abstraction or report must be completed not later than 6 months after [it abstracts the information or receives the abstracted information from the health care facility.] the admission, diagnosis or treatment of a patient for cancer or another neoplasm.

      3.  The State Board of Health shall by regulation adopt a schedule of fees which must be assessed to the health care facility , other treatment facility or provider of health care for each case from which information is abstracted by the Division pursuant to subsection 2.

      4.  Any person who violates this section is subject to the administrative penalty established by the State Board of Health pursuant to subsection 5.

      5.  The State Board of Health shall adopt regulations establishing the administrative penalty for any violation of this section.

      Sec. 7. NRS 457.270 is hereby amended to read as follows:

      457.270  The Division shall not reveal the identity of any patient, [physician or] provider of health care, health care facility or other treatment facility which is involved in the reporting required by NRS 457.250 unless the patient, [physician or] provider of health care, health care facility or other treatment facility, as applicable, gives prior written consent to such a disclosure.

 


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ê2021 Statutes of Nevada, Page 2258 (CHAPTER 378, AB 471)ê

 

      Sec. 8. NRS 459.035 is hereby amended to read as follows:

      459.035  The Division shall not issue or renew the registration of a radiation machine pursuant to regulations adopted by the State Board of Health unless the applicant for issuance or renewal of the registration [attests] :

      1.  Attests that the persons employed by the applicant to operate the radiation machine are properly licensed pursuant to chapter 653 of NRS or are exempt from the requirement to obtain such licensure pursuant to NRS 653.430.

      2.  Pays the fee prescribed by the State Board of Health pursuant to NRS 457.240, in addition to any fee for the issuance or renewal of the registration.

      Sec. 9. NRS 652.100 is hereby amended to read as follows:

      652.100  1.  All applications for a license or renewal thereof must be accompanied by a reasonable fee in an amount prescribed by the Board. All fees must be paid to the Division and must be deposited with the State Treasurer for credit to the appropriate account of the State Board of Health.

      2.  In addition to the fee required by subsection 1, all applications for the renewal of a license, other than a license to operate a laboratory which only conducts a laboratory test for the detection of the human immunodeficiency virus that is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations, must be accompanied by the fee prescribed by the State Board of Health pursuant to NRS 457.240.

      3.  Claims for per diem and travel expenses and for other expenses of administration of this chapter must be paid as other claims against the State are paid.

      Sec. 10.  Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, 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. 11.  This act becomes effective on July 1, 2021.

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ê2021 Statutes of Nevada, Page 2259ê

 

CHAPTER 379, AB 481

Assembly Bill No. 481–Committee on Ways and Means

 

CHAPTER 379

 

[Approved: June 4, 2021]

 

AN ACT relating to crime; requiring the Division of Child and Family Services of the Department of Health and Human Services, to the extent that money is available for this purpose, to designate a statewide center to provide assistance to certain victims; authorizing the Administrator of the Division to accept any gift, grant, donation, bequest or other source of money for the purpose of carrying out duties related to the center; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law declares it to be the policy of this State to provide assistance to persons who are victims of violent crimes or the dependents of victims of violent crimes. (NRS 217.010) This bill requires the Division of Child and Family Services of the Department of Health and Human Services, to the extent that money is available for this purpose and in collaboration with persons and entities that advocate for the needs of victims, to designate a statewide center to provide assistance to victims. This bill defines “victim” to mean a person who suffers direct harm as a result of a violent crime or a person who suffers harm as an indirect consequence of a violent crime.

      If a statewide center to provide assistance to victims is designated, this bill requires the center to be based in a county whose population is 700,000 or more (currently Clark County) and, to the extent money is available, to: (1) provide certain support services to victims; (2) assist the Division with expanding the services available to victims; and (3) provide certain training and technical assistance and take other preparatory steps to ensure that communities throughout the State are adequately trained and equipped to provide victim support services relating to critical incidents. Finally, this bill authorizes the Administrator of the Division to accept any gift, grant, donation, bequest or other source of money for the purposes of carrying out the provisions of this bill and requires the deposit of such money in the Victim Support Gift Account, which is established in this bill.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 217 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In collaboration with persons and entities that advocate for the needs of victims, the Division shall, to the extent that money is available for this purpose, designate a statewide center to provide assistance to victims.

      2.  If a center is designated pursuant to subsection 1, the center must, to the extent money is available, provide support services to victims, including, without limitation, by:

      (a) Providing referral services and case management services to connect victims with:

             (1) Necessary medical and behavioral health care services, including, without limitation, counseling services and treatment for post-traumatic stress;

 


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ê2021 Statutes of Nevada, Page 2260 (CHAPTER 379, AB 481)ê

 

             (2) Agencies which provide compensation to and support for victims;

             (3) Legal aid services; and

             (4) Services provided by a federal, state or local law enforcement agency;

      (b) Providing advocacy services for victims, including, without limitation, services designed to ensure victims are reimbursed for out-of-pocket expenses that are eligible for reimbursement by an agency which provides compensation and support for victims;

      (c) Providing information concerning counseling services and facilitating the provision of counseling services, including, without limitation, through virtual and in-person support groups and wellness events;

      (d) Providing technical assistance with applying for online services available to victims;

      (e) Operating a call center for the purpose of providing information relating to support services available to victims; and

      (f) Responding to critical incidents in this State.

      3.  If a center is designated pursuant to subsection 1, the center must:

      (a) Be based in a county whose population is 700,000 or more and provide direct services to victims in that county;

      (b) To the extent money is available, assist the Division with expanding the services available to victims in this State; and

      (c) To the extent money is available, provide training and technical assistance and take other preparatory steps to ensure that communities throughout the State are adequately trained and equipped to provide support services to victims relating to critical incidents.

      4.  The Administrator may accept any gift, grant, donation, bequest or other source of money for the purposes of carrying out the provisions of this section. Any money so received must be deposited in the Victim Support Gift Account, which is hereby established in the State General Fund. The Administrator shall administer the Account. The interest and income earned on money in the Account from any gift, grant, donation or bequest, after deducting any applicable charges, must be credited to the Account. Money from any gift, grant, donation or bequest that remains in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      5.  As used in this section:

      (a) “Administrator” means the Administrator of the Division.

      (b) “Critical incident” means an abnormal event that is sudden and unexpected and has a stressful impact sufficient to overwhelm the coping skills of a person.

      (c) “Division” means the Division of Child and Family Services of the Department of Health and Human Services.

      (d) “Victim” means a person who suffers direct harm as a result of a violent crime or a person who suffers harm as an indirect consequence of a violent crime, including, without limitation, by witnessing the crime.

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ê2021 Statutes of Nevada, Page 2261ê

 

CHAPTER 380, AB 480

Assembly Bill No. 480–Committee on Ways and Means

 

CHAPTER 380

 

[Approved: June 4, 2021]

 

AN ACT relating to criminal defense; revising various provisions relating to the appointment of attorneys; removing limitations on fees earned by certain attorneys; revising provisions relating to claims for compensation and expenses made by certain attorneys; creating the Special Account for the Support of Indigent Defense Services; revising certain deadlines for requirements placed on boards of county commissioners relating to the transfer of responsibility for the provision of indigent defense services to the State Public Defender; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits a magistrate, master or district court from appointing an attorney other than a public defender to represent a person charged with any offense or delinquent act unless the magistrate, master or district court finds that the public defender is disqualified from providing representation and explains the reasons for the disqualification. (NRS 7.115) Section 5 of this bill provides that if the public defender is disqualified, the magistrate, master or district court is required to refer the selection of the attorney: (1) in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties), to the Department of Indigent Defense Services (hereinafter “Department”) or its designee in compliance with the plan of the county for the provision of indigent defense services; or (2) in a county whose population is 100,000 or more (currently Clark and Washoe Counties), in compliance with the plan of the county for the provision of indigent defense services. Sections 11 and 17 of this bill, respectively, make similar changes in cases where: (1) a county public defender or the State Public Defender is unable to represent an indigent defendant or other good cause appears; and (2) a magistrate or district court decides to appoint an attorney other than or in addition to a county public defender for an indigent person.

      Existing law provides, in general, that an attorney other than a public defender who is appointed to represent or defend a person during any stage of a criminal proceeding is entitled to receive certain fees for his or her services. Existing law also places limits on the amount of the fee that such an attorney is able to receive but allows a court to grant a fee in excess of such limits in certain circumstances. (NRS 7.125) Section 6 of this bill removes such limits. Existing law further authorizes such an attorney to be reimbursed for certain expenses and employ persons to provide necessary investigative, expert or other services but places a limit on the compensation paid to any person providing those services. (NRS 7.135) Section 7 of this bill provides that an attorney may be reimbursed for such expenses and employ such persons: (1) in a county whose population is less than 100,000, subject to the prior approval of the Department or its designee and in compliance with the plan of the county for the provision of indigent defense services; or (2) in a county whose population is 100,000 or more, in compliance with the plan of the county for the provision of indigent defense services. Section 7 also provides that a claim for compensation and expenses may be certified and approved by a judge if the claim is denied. Existing law further requires a claim for compensation and expenses to be submitted to a magistrate or district court, as applicable, not later than 60 days after the appointment of the attorney is terminated. (NRS 7.145) Section 8 of this bill instead requires such a claim to be submitted within 60 days after representation is terminated: (1) in a county whose population is less than 100,

 


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ê2021 Statutes of Nevada, Page 2262 (CHAPTER 380, AB 480)ê

 

instead requires such a claim to be submitted within 60 days after representation is terminated: (1) in a county whose population is less than 100,000, to the Department or its designee in compliance with the plan of the county for the provision of indigent defense services; or (2) in a county whose population is 100,000 or more, in compliance with the plan of the county for the provision of indigent defense services. Section 8 also: (1) requires each claim to be reviewed and, if necessary, modified, and paid in compliance with the plan of the applicable county for the provision of indigent defense services; and (2) authorizes any dispute regarding the approval, denial or modification of a claim to be reviewed by the trial court.

      Section 9 of this bill requires, in general, the juvenile court to order the appointment of an attorney for a child who is alleged to be delinquent or in need of supervision and refer the selection of the attorney in the manner set forth in section 5 in cases where the parent or guardian of the child does not retain an attorney for the child and is not likely to retain an attorney for the child. Existing law authorizes the juvenile court to appoint an attorney for a parent or guardian of such a child in certain circumstances and provides that each appointed attorney, other than a public defender, is entitled to the same compensation and expenses as attorneys appointed to represent persons charged with criminal offenses. (NRS 62D.100) Section 10 of this bill removes the exclusion of public defenders. Section 18 of this bill makes the same change with regard to attorneys appointed in cases relating to children alleged to have been abused or neglected.

      Section 12 of this bill creates the Special Account for the Support of Indigent Defense Services. Section 12 authorizes the Department to apply for and accept any available grants, bequests, devises, donations or gifts from any public or private source to carry out the duties of the Department and the Board on Indigent Defense Services (hereinafter “Board”) and requires the Department to deposit any money received in the Account.

      Existing law establishes certain requirements for the board of county commissioners of a county that is required to transfer or voluntarily transfers responsibility for the provision of all indigent defense services for the county to the State Public Defender. (NRS 180.450) Section 14 of this bill revises certain deadlines relating to such requirements.

      Existing law requires the Board to adopt certain regulations, including regulations establishing standards for the provision of indigent defense services. (NRS 180.320) Existing law also requires the compensation of the public defender of a county to be fixed by the board of county commissioners. (NRS 260.040) Section 15 of this bill requires that in counties whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties), the compensation of the public defender of a county must comply with the regulations adopted by the Board.

      Existing law provides that in a county whose population is 700,000 or more (currently Clark County), deputy public defenders are governed by the merit personnel system of the county. (NRS 260.040) Section 15 provides that the compensation of such deputy public defenders is not subject to the regulations adopted by the Board.

      Existing law provides that a person who is alleged to be a person in a mental health crisis, or any relative or friend on behalf of the person, is entitled to retain counsel to represent the person in proceedings relating to the involuntary court-ordered admission of the person to a mental health facility or program of community-based or outpatient services. If the person fails or refuses to obtain counsel, the court is required to appoint counsel, who may be the public defender or a deputy of the public defender. (NRS 433A.270) Section 19 of this bill removes the provision requiring that such appointed counsel be the public defender or his or her deputy.

 


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ê2021 Statutes of Nevada, Page 2263 (CHAPTER 380, AB 480)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 7 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. As used in NRS 7.115 to 7.175, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Department” means the Department of Indigent Defense Services created by NRS 180.400.

      Sec. 4. “Selection” means the choosing of an attorney to provide representational services for a person.

      Sec. 5. NRS 7.115 is hereby amended to read as follows:

      7.115  A magistrate, master or [a] district court shall not [appoint] order the appointment of an attorney other than a public defender to represent a person charged with any offense or delinquent act by petition, indictment or information unless the magistrate, master or district court makes a finding, entered into the record of the case, that the public defender is disqualified from furnishing the representation and sets forth the [reason or] reasons for the disqualification. If the public defender is disqualified, the magistrate, master or district court shall, after making a finding of the disqualification on the record and the reasons therefor, refer the selection of the attorney:

      1.  In a county whose population is less than 100,000, to the Department or its designee in compliance with the plan of the county for the provision of indigent defense services; or

      2.  In a county whose population is 100,000 or more, in compliance with the plan of the county for the provision of indigent defense services.

      Sec. 6. NRS 7.125 is hereby amended to read as follows:

      7.125  [1.  Except as limited by subsections 2, 3 and 4, an] An attorney, other than a public defender, who is [appointed by a magistrate or a district court] selected pursuant to NRS 7.115 to represent or defend a defendant at any stage of the criminal proceedings from the defendant’s initial appearance before the magistrate or the district court through the appeal, if any, is entitled to receive a fee for court appearances and other time reasonably spent on the matter to which the appointment is made of $125 per hour in cases in which the death penalty is sought and $100 per hour in all other cases. Except for cases in which the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, this [subsection] section does not preclude a governmental entity from contracting with a private attorney who agrees to provide such services for a lesser rate of compensation.

      [2.  Except as otherwise provided in subsection 4, the total fee for each attorney in any matter regardless of the number of offenses charged or ancillary matters pursued must not exceed:

      (a) If the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, $20,000;

      (b) If the most serious crime is a felony other than a felony included in paragraph (a) or is a gross misdemeanor, $2,500;

      (c) If the most serious crime is a misdemeanor, $750;

 


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ê2021 Statutes of Nevada, Page 2264 (CHAPTER 380, AB 480)ê

 

      (d) For an appeal of one or more misdemeanor convictions, $750; or

      (e) For an appeal of one or more gross misdemeanor or felony convictions, $2,500.

      3.  Except as otherwise provided in subsection 4, an attorney appointed by a district court to represent an indigent petitioner for a writ of habeas corpus or other postconviction relief, if the petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or felony, is entitled to be paid a fee not to exceed $750.

      4.  If the appointing court because of:

      (a) The complexity of a case or the number of its factual or legal issues;

      (b) The severity of the offense;

      (c) The time necessary to provide an adequate defense; or

      (d) Other special circumstances,

Ê deems it appropriate to grant a fee in excess of the applicable maximum, the payment must be made, but only if the court in which the representation was rendered certifies that the amount of the excess payment is both reasonable and necessary and the payment is approved by the presiding judge of the judicial district in which the attorney was appointed, or if there is no such presiding judge or if he or she presided over the court in which the representation was rendered, then by the district judge who holds seniority in years of service in office.

      5.  The magistrate, the district court, the Court of Appeals or the Supreme Court may, in the interests of justice, substitute one appointed attorney for another at any stage of the proceedings, but the total amount of fees granted to all appointed attorneys must not exceed those allowable if but one attorney represented or defended the defendant at all stages of the criminal proceeding.]

      Sec. 7. NRS 7.135 is hereby amended to read as follows:

      7.135  [The]

      1.  An attorney [appointed by a magistrate or district court] who is selected pursuant to NRS 7.115 to represent a defendant is entitled, in addition to the fee provided by NRS 7.125 for the attorney’s services, to be reimbursed for expenses reasonably incurred by the attorney in representing the defendant and may employ [, subject to the prior approval of the magistrate or the district court in an ex parte application,] such investigative, expert or other services as may be necessary for an adequate defense [. Compensation to any person furnishing such investigative, expert or other services must not exceed $500, exclusive of reimbursement for expenses reasonably incurred, unless payment in excess of that limit is:

      1.  Certified] :

      (a) In a county whose population is less than 100,000, subject to the prior approval of the Department or its designee and in compliance with the plan of the county for the provision of indigent defense services; or

      (b) In a county whose population is 100,000 or more, in compliance with the plan of the county for the provision of indigent defense services.

      2.  If a claim for compensation and expenses made pursuant to subsection 1 is denied, the claim may be:

      (a) Certified by the trial judge of the court, or by the magistrate if the services were rendered in connection with a case disposed of entirely before the magistrate, as necessary to provide fair compensation for services of an unusual character or duration; and

 


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      [2.](b) Approved by the presiding judge of the judicial district in which the attorney was appointed or, if there is no presiding judge, by the district judge who holds seniority in years of service in office.

      Sec. 8. NRS 7.145 is hereby amended to read as follows:

      7.145  1.  A claim for compensation and expenses made pursuant to NRS 7.125 or 7.135 must not be paid unless it is submitted within 60 days after the [appointment] representation is terminated [to:

      (a) The magistrate in cases in which the representation was rendered exclusively before the magistrate; and

      (b) The district court in all other cases.] :

      (a) In a county whose population is less than 100,000, to the Department or its designee in compliance with the plan of the county for the provision of indigent defense services; or

      (b) In a county whose population is 100,000 or more, in compliance with the plan of the county for the provision of indigent defense services.

      2.  Each claim must be [supported] :

      (a) Supported by a sworn statement specifying the time expended in court, the services rendered out of court and the time expended therein, the expenses incurred while the case was pending and the compensation and reimbursement applied for or received in the same case from any other source. [Except as otherwise provided for the approval of payments in excess of the statutory limit, the magistrate or the court to which the claim is submitted shall fix and certify the compensation and expenses to be paid, and the amounts so certified must be paid in accordance with NRS 7.155.]

      (b) Reviewed and, if necessary, modified, and paid in compliance with the plan of the county for the provision of indigent defense services.

      3.  Any dispute regarding the approval, denial or modification of a claim may be reviewed by the trial court based upon reasonable and necessary standards.

      Sec. 9. NRS 62D.030 is hereby amended to read as follows:

      62D.030  1.  If a child is alleged to be delinquent or in need of supervision, the juvenile court shall advise the child and the parent or guardian of the child that the child is entitled to be represented by an attorney at all stages of the proceedings.

      2.  If a parent or guardian of a child is indigent, the parent or guardian may request the appointment of an attorney to represent the child pursuant to the provisions in NRS 171.188.

      3.  Except as otherwise provided in this section, the juvenile court shall [appoint] order the appointment of an attorney for a child and refer the selection of the attorney in the manner set forth in NRS 7.115 if the parent or guardian of the child does not retain an attorney for the child and is not likely to retain an attorney for the child.

      4.  A child may waive the right to be represented by an attorney if:

      (a) A petition is not filed and the child is placed under informal supervision pursuant to NRS 62C.200; or

      (b) A petition is filed and the record of the juvenile court shows that the waiver of the right to be represented by an attorney is made knowingly, intelligently, voluntarily and in accordance with any applicable standards established by the juvenile court.

      5.  Except as otherwise provided in NRS 424.085, if the juvenile court [appoints] orders the appointment of an attorney to represent a child [,] and refers the selection of the attorney in the manner set forth in NRS 7.115, the parent or guardian must not be required to pay the fees and expenses of the attorney.

 


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ê2021 Statutes of Nevada, Page 2266 (CHAPTER 380, AB 480)ê

 

refers the selection of the attorney in the manner set forth in NRS 7.115, the parent or guardian must not be required to pay the fees and expenses of the attorney.

      6.  Each attorney, other than a public defender, who is appointed under the provisions of this section is entitled to the same compensation and expenses from the county as is provided in NRS 7.125 and 7.135 for attorneys appointed to represent persons charged with criminal offenses.

      Sec. 10. NRS 62D.100 is hereby amended to read as follows:

      62D.100  1.  A parent or guardian of a child who is alleged to be delinquent or in need of supervision may be represented by an attorney at all stages of the proceedings. The juvenile court may not appoint an attorney for a parent or guardian, unless the juvenile court:

      (a) Finds that such an appointment is required in the interests of justice; and

      (b) Specifies in the record the reasons for the appointment.

      2.  Each attorney [, other than a public defender,] who is appointed pursuant to subsection 1 is entitled to the same compensation and expenses from the county as is provided in NRS 7.125 and 7.135 for attorneys appointed to represent persons charged with criminal offenses.

      Sec. 11. NRS 171.188 is hereby amended to read as follows:

      171.188  1.  Any defendant charged with a public offense who is an indigent may, by oral statement to the district judge, justice of the peace, municipal judge or master, request the appointment of an attorney to represent the defendant. The record in each such case must indicate that the defendant was provided an opportunity to make an oral statement and whether the defendant made such a statement or declined to request the appointment of an attorney. If the defendant declined to request the appointment of an attorney, the record must also indicate that the decision to decline was made knowingly and voluntarily and with an understanding of the consequences.

      2.  The request must be accompanied by the defendant’s affidavit, which must state:

      (a) That the defendant is without means of employing an attorney; and

      (b) Facts with some particularity, definiteness and certainty concerning the defendant’s financial disability.

      3.  The district judge, justice of the peace, municipal judge or master shall forthwith consider the application and shall make such further inquiry as he or she considers necessary. If the district judge, justice of the peace, municipal judge or master:

      (a) Finds that the defendant is without means of employing an attorney; and

      (b) Otherwise determines that representation is required,

Ê the judge, justice or master shall designate the public defender of the county or the State Public Defender, as appropriate, to represent the defendant.

      4.  If the appropriate public defender is unable to represent the defendant, or other good cause appears, the judge, justice or master shall order the appointment of another attorney [must be appointed.

      4.]and refer the selection of the attorney:

 


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      (a) In a county whose population is less than 100,000, to the Department of Indigent Defense Services or its designee in compliance with the plan of the county for the provision of indigent defense services; or

      (b) In a county whose population is 100,000 or more, in compliance with the plan of the county for the provision of indigent defense services.

      5.  The county or State Public Defender must be reimbursed by the city for costs incurred in appearing in municipal court. The county shall reimburse the State Public Defender for costs incurred in appearing in Justice Court, unless the county has transferred the responsibility to provide all indigent defense services for the county to the State Public Defender pursuant to NRS 180.450. If a private attorney is appointed as provided in this section, the private attorney must be reimbursed by the county for appearance in Justice Court or the city for appearance in municipal court . [in an amount not to exceed $75 per case.]

      Sec. 12. Chapter 180 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department may apply for and accept any available grants, bequests, devises, donations or gifts from any public or private source to carry out the duties of the Department and Board.

      2.  Any money received pursuant to subsection 1 must be deposited in the Special Account for the Support of Indigent Defense Services, which is hereby created in the State General Fund. Interest and income earned on money in the Account must be credited to the Account. Money in the Account may only be used to carry out the duties of the Department and the Board.

      3.  Any money in the Account remaining at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      Sec. 13. NRS 180.060 is hereby amended to read as follows:

      180.060  1.  The State Public Defender may, before being designated as counsel for that person pursuant to NRS 171.188, interview an indigent person when the indigent person has been arrested and confined for a public offense or for questioning on suspicion of having committed a public offense.

      2.  The State Public Defender shall, when designated pursuant to NRS 62D.030 [, 62D.100,] or 171.188 , [or 432B.420,] represent without charge each indigent person for whom the State Public Defender is appointed.

      3.  When representing an indigent person, the State Public Defender shall:

      (a) Counsel and defend the indigent person at every stage of the proceedings, including , without limitation, during the initial appearance and proceedings relating to admission to bail or the revocation of probation or parole; and

      (b) Prosecute any appeals or other remedies before or after conviction that the State Public Defender considers to be in the interests of justice.

      4.  In cases of postconviction proceedings and appeals arising in counties in which the office of public defender has been created pursuant to the provisions of chapter 260 of NRS, where the matter is to be presented to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution, the State Public Defender shall prepare and present the case and the public defender of the county shall assist and cooperate with the State Public Defender.

 


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Constitution, the State Public Defender shall prepare and present the case and the public defender of the county shall assist and cooperate with the State Public Defender.

      5.  The State Public Defender may contract with any county in which the office of public defender has been created to provide representation for indigent persons when the court, for cause, disqualifies the county public defender or when the county public defender is otherwise unable to provide representation.

      Sec. 14. NRS 180.450 is hereby amended to read as follows:

      180.450  1.  If a corrective action plan is recommended pursuant to NRS 180.440, the deputy director and the board of county commissioners must collaborate on the manner in which the county will meet the minimum standards for the provision of indigent defense services and the time by which the county must meet those minimum standards. Any disagreement must be resolved by the Board. Each corrective action plan must be submitted to and approved by the Board.

      2.  If the plan established pursuant to subsection 1 will cause the county to expend more money than budgeted by the county in the previous budget year plus inflation for the provision of indigent defense services, the Executive Director shall include the additional amount needed by the county in the next budget for the Department of Indigent Defense Services to help support the indigent defense services provided by the county. If additional money is needed to carry out the plan before the next budget cycle, the Executive Director shall submit a request to the Interim Finance Committee for an allocation from the Contingency Account pursuant to NRS 353.266 to cover the additional costs.

      3.  For any county that is not required to have an office of public defender pursuant to NRS 260.010, if the additional amount included in the budget of the Department pursuant to subsection 2 is not approved, the board of county commissioners for the county to which the amount applies may determine whether to continue providing indigent defense services for the county or enter into an agreement with the Executive Director to transfer responsibility for the provision of such services to the State Public Defender.

      4.  If a county does not meet the minimum standards for the provision of indigent defense services within the period established in the corrective action plan for the county, the deputy director shall inform the Executive Director.

      5.  Upon being informed by the deputy director pursuant to subsection 4 that a county has not complied with a corrective action plan, the Executive Director must review information regarding the provision of indigent defense services in the county and determine whether to recommend establishing another corrective action plan with the board of county commissioners of the county. For a county that is not required to have an office of public defender pursuant to NRS 260.010, the Executive Director may instead recommend requiring the board of county commissioners to transfer responsibility for the provision of all indigent defense services for the county to the State Public Defender. The recommendation of the Executive Director must be submitted to and approved by the Board. Once approved, the board of county commissioners shall comply with the decision of the Board.

      6.  If a county is required to transfer or voluntarily transfers responsibility for the provision of all indigent defense services for the county to the State Public Defender:

 


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ê2021 Statutes of Nevada, Page 2269 (CHAPTER 380, AB 480)ê

 

      (a) The board of county commissioners for the county shall notify the State Public Defender in writing on or before [March] November 1 of the next [odd] even-numbered year and the responsibilities must transfer at a specified time on or after July 1 of the [same] odd-numbered year following the year in which the notice was given, as determined by the Executive Director.

      (b) The board of county commissioners for the county shall pay the State Public Defender in the same manner and in an amount determined in the same manner as other counties for which the State Public Defender has responsibility for the provision of indigent defense services. The amount that a county may be required to pay must not exceed the maximum amount determined using the formula established by the Board pursuant to NRS 180.320.

      Sec. 15. NRS 260.040 is hereby amended to read as follows:

      260.040  1.  The compensation of the public defender must be fixed by the board of county commissioners [.] and, in counties whose population is less than 100,000, must comply with the regulations adopted by the Board on Indigent Defense Services pursuant to NRS 180.320. The public defender of any two or more counties must be compensated and be permitted private civil practice of the law as determined by the boards of county commissioners of those counties, subject to the provisions of subsection 4 of this section and NRS 7.065.

      2.  The public defender may appoint as many deputies or assistant attorneys, clerks, investigators, stenographers and other employees as the public defender considers necessary to enable him or her to carry out his or her responsibilities, with the approval of the board of county commissioners. An assistant attorney must be a qualified attorney licensed to practice in this State and may be placed on a part-time or full-time basis. The appointment of a deputy, assistant attorney or other employee pursuant to this subsection must not be construed to confer upon that deputy, assistant attorney or other employee policymaking authority for the office of the public defender or the county or counties by which the deputy, assistant attorney or other employee is employed.

      3.  The compensation of persons appointed under subsection 2 must be fixed by the board of county commissioners of the county or counties so served.

      4.  The public defender and his or her deputies and assistant attorneys in a county whose population is less than 100,000 may engage in the private practice of law. Except as otherwise provided in this subsection, in any other county, the public defender and his or her deputies and assistant attorneys shall not engage in the private practice of law except as otherwise provided in NRS 7.065. An attorney appointed to defend a person for a limited duration with limited jurisdiction may engage in private practice which does not present a conflict with his or her appointment.

      5.  The board of county commissioners shall provide office space, furniture, equipment and supplies for the use of the public defender suitable for the conduct of the business of his or her office. However, the board of county commissioners may provide for an allowance in place of facilities. Each of those items is a charge against the county in which public defender services are rendered. If the public defender serves more than one county, expenses that are properly allocable to the business of more than one of those counties must be prorated among the counties concerned.

 


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ê2021 Statutes of Nevada, Page 2270 (CHAPTER 380, AB 480)ê

 

      6.  In a county whose population is 700,000 or more, deputies are governed by the merit personnel system of the county [.] , and their compensation is not subject to the regulations adopted by the Board on Indigent Defense Services pursuant to NRS 180.320.

      Sec. 16. NRS 260.050 is hereby amended to read as follows:

      260.050  1.  The public defender may, before being designated as counsel for that person pursuant to NRS 171.188, interview an indigent person when he or she has been arrested and confined for a public offense or for questioning on suspicion of having committed a public offense.

      2.  The public defender shall, when designated pursuant to NRS 62D.030 [,] or 171.188 , [or 432B.420,] represent without charge each indigent person for whom he or she is appointed.

      3.  When representing an indigent person, the public defender shall:

      (a) Counsel and defend the person at every stage of the proceedings, including , without limitation, during the initial appearance and proceedings relating to admission to bail and the revocation of probation or parole; and

      (b) Prosecute, subject to the provisions of subsection 4 of NRS 180.060, any appeals or other remedies before or after conviction that he or she considers to be in the interests of justice.

      Sec. 17. NRS 260.060 is hereby amended to read as follows:

      260.060  For cause, the magistrate or district court may, on its own motion or upon motion of the public defender or the indigent person, [appoint] order the appointment of another attorney and [compensate out of county funds] refer the selection of the attorney in the manner set forth in NRS 7.115. Such an attorney :

      1.  May be other than, or in addition to, the public defender to represent such indigent person at any stage of the proceedings or on appeal in accordance with the laws of this state pertaining to the appointment of counsel to represent indigent criminal defendants.

      2.  Must be compensated out of county funds.

      Sec. 18. NRS 432B.420 is hereby amended to read as follows:

      432B.420  1.  A parent or other person responsible for the welfare of a child who is alleged to have abused or neglected the child may be represented by an attorney at all stages of any proceedings under NRS 432B.410 to 432B.590, inclusive. Except as otherwise provided in subsection 3, if the person is indigent, the court may appoint an attorney to represent the person.

      2.  A child who is alleged to have been abused or neglected shall be deemed to be a party to any proceedings under NRS 432B.410 to 432B.590, inclusive. The court shall appoint an attorney to represent the child. The child must be represented by an attorney at all stages of any proceedings held pursuant to NRS 432B.410 to 432B.590, inclusive. The attorney representing the child has the same authority and rights as an attorney representing any other party to the proceedings.

      3.  If the court determines that the parent of an Indian child for whom protective custody is sought is indigent, the court:

      (a) Shall appoint an attorney to represent the parent; and

      (b) May apply to the Secretary of the Interior for the payment of the fees and expenses of such an attorney,

Ê as provided in the Indian Child Welfare Act.

 


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ê2021 Statutes of Nevada, Page 2271 (CHAPTER 380, AB 480)ê

 

      4.  Each attorney, other than [a public defender or] an attorney compensated through a program for legal aid described in NRS 19.031 and 247.305, if appointed under the provisions of subsection 1 or 2, is entitled to the same compensation and payment for expenses from the county as provided in NRS 7.125 and 7.135 for an attorney appointed to represent a person charged with a crime.

      Sec. 19. NRS 433A.270 is hereby amended to read as follows:

      433A.270  1.  The person alleged to be a person in a mental health crisis or any relative or friend on the person’s behalf is entitled to retain counsel to represent the person in any proceeding before the district court relating to involuntary court-ordered admission, and if he or she fails or refuses to obtain counsel, the court shall advise the person and the person’s guardian or next of kin, if known, of such right to counsel and shall appoint counsel . [, who may be the public defender or his or her deputy.]

      2.  Any counsel appointed pursuant to subsection 1 must be awarded compensation by the court for his or her services in an amount determined by it to be fair and reasonable. The compensation must be charged against the estate of the person for whom the counsel was appointed or, if the person is indigent, against the county where the person alleged to be a person in a mental health crisis last resided.

      3.  The court shall, at the request of counsel representing the person alleged to be a person in a mental health crisis in proceedings before the court relating to involuntary court-ordered admission, grant a recess in the proceedings for the shortest time possible, but for not more than 5 days, to give the counsel an opportunity to prepare his or her case.

      4.  If the person alleged to be a person in a mental health crisis is involuntarily admitted to a program of community-based or outpatient services, counsel shall continue to represent the person until the person is released from the program. The court shall serve notice upon such counsel of any action that is taken involving the person while the person is admitted to the program of community-based or outpatient services.

      5.  Each district attorney or his or her deputy shall appear and represent the State in all involuntary court-ordered admission proceedings in the district attorney’s county. The district attorney is responsible for the presentation of evidence, if any, in support of the involuntary court-ordered admission of a person to a mental health facility or to a program of community-based or outpatient services in proceedings held pursuant to NRS 433A.200 and 433A.210.

      Sec. 20.  (Deleted by amendment.)

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ê2021 Statutes of Nevada, Page 2272ê

 

CHAPTER 381, AB 482

Assembly Bill No. 482–Committee on Ways and Means

 

CHAPTER 381

 

[Approved: June 4, 2021]

 

AN ACT relating to businesses; requiring the Secretary of State to suspend the state business license of a person who owes a debt to a state agency under certain circumstances; requiring the Secretary of State to reinstate the suspended license under certain circumstances; revising provisions governing notifications of certain debts collected by the State Controller; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law, with certain exceptions, prohibits a person from conducting a business in this State unless the person first obtains a state business license issued by the Secretary of State. (NRS 76.100) Section 1 of this bill requires the Secretary of State to suspend a state business license if the State Controller has notified the Secretary of State that the holder of the state business license owes a debt to a state agency that has been assigned to the State Controller for collection and the holder has not: (1) satisfied the debt; (2) entered into an agreement with the State Controller for the payment of the debt; or (3) demonstrated to the State Controller that the debt is not valid. Section 1 also requires the Secretary of State to reinstate such a suspended state business license if the State Controller notifies the Secretary of State in writing that the holder of the license has: (1) satisfied the debt; (2) entered into an agreement with the State Controller for the payment of the debt; or (3) demonstrated to the State Controller that the debt is not valid.

      Existing law requires certain agencies, boards and commissions that regulate an occupation or profession to provide to the State Controller the name and certain information concerning persons to whom the agencies, boards and commissions have issued licenses to engage in a profession or occupation. If the State Controller determines that the name of such a licensee appears on the list maintained by the State Controller of persons who owe a debt to an agency that has been assigned to the State Controller for collection, the State Controller is required to: (1) send a written notice to the licensee stating that the licensing agency, board or commission is prohibited from renewing the license of the licensee unless the licensee pays the debt, enters into an agreement for the payment of the debt or demonstrates to the State Controller that the debt is not valid; and (2) notify the licensing agency, board or commission if the licensee does not pay the debt, enter into an agreement for the payment of the debt or demonstrate that the debt is not valid. (NRS 353C.1965) Section 2 of this bill makes these provisions of existing law applicable to state business licenses issued by the Secretary of State so that: (1) the Secretary of State is required to provide to the State Controller certain information concerning persons to whom the Secretary of State has issued a state business license; (2) the State Controller is required to send the written notice required by existing law to the holder of the state business license if the State Controller determines that the holder of the state business license appears on the list maintained by the State Controller of persons who owe a debt to an agency that has been assigned to the State Controller for collection; and (3) the State Controller is required to notify the Secretary of State if the licensee does not pay the debt, enter into an agreement for the payment of the debt or demonstrate that the debt is not valid.

 


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ê2021 Statutes of Nevada, Page 2273 (CHAPTER 381, AB 482)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 76 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Secretary of State shall suspend a state business license if the State Controller has informed the Secretary of State pursuant to subsection 5 of NRS 353C.1965 that the holder of the state business license owes a debt to an agency that has been assigned to the State Controller for collection and the holder has not:

      (a) Satisfied the debt;

      (b) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

      (c) Demonstrated to the State Controller that the debt is not valid.

      2.  The Secretary of State shall reinstate a state business license that was suspended pursuant to subsection 1 if the State Controller notifies the Secretary of State in writing that the holder of the state business license has:

      (a) Satisfied the debt;

      (b) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

      (c) Demonstrated to the State Controller that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 2. NRS 353C.1965 is hereby amended to read as follows:

      353C.1965  1.  The State Controller shall establish and maintain a list of persons who owe a debt to an agency that has been assigned to the State Controller for collection pursuant to NRS 353C.195.

      2.  A licensing agency shall provide to the State Controller:

      (a) The name, address and social security number or employer identification number, as applicable, of each licensee; and

      (b) The business identification number of the licensee, if the licensee has a state business license.

      3.  A licensing agency shall provide the information described in subsection 2:

      (a) On or before February 1 of each year for licensees who renewed licenses from July 1 through December 31 of the previous calendar year; or

      (b) On or before August 1 of each year for licensees who renewed licenses from January 1 through June 30 of the current calendar year.

      4.  If the State Controller determines that the name of any licensee appears on the list established by the State Controller pursuant to subsection 1, the State Controller shall send a written notice to the licensee, which includes, without limitation:

      (a) The amount of the debt;

      (b) A request for payment of the debt;

      (c) Notification that the licensee may enter into an agreement with the State Controller pursuant to NRS 353C.130 for the payment of the debt;

      (d) Notification that the licensee must respond to the notice within 30 days after the date on which the notice was sent;

 


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ê2021 Statutes of Nevada, Page 2274 (CHAPTER 381, AB 482)ê

 

      (e) Notification that the licensee may request a hearing to determine the validity of the debt not later than 30 days after the date on which the notice was sent; and

      (f) Notification that the licensing agency is prohibited from renewing the license of the licensee unless the licensee pays the debt, enters into an agreement for the payment of the debt pursuant to NRS 353C.130 or demonstrates to the State Controller that the debt is not valid.

      5.  The State Controller shall notify the licensing agency if the licensee does not pay the debt that has been assigned to the State Controller for collection, enter into an agreement for the payment of the debt pursuant to NRS 353C.130 or demonstrate that the debt is not valid. A licensing agency shall not renew the license of the licensee who is the subject of the notification until the State Controller notifies the licensing agency that the licensee has:

      (a) Satisfied the debt;

      (b) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

      (c) Demonstrated that the debt is not valid.

      6.  Information shared between the State Controller and a licensing agency to carry out the provisions of this section is not a public record.

      7.  A licensing agency may not be held liable in any civil action for any action taken by the licensing agency in good faith to comply with the provisions of this section.

      8.  The State Controller shall verify with the Secretary of State the information related to the state business license of each licensee.

      9.  The State Controller shall adopt such regulations as the State Controller determines necessary or advisable to carry out the provisions of this section.

      10.  As used in this section:

      (a) “License” means a state business license or any license, certification, registration, permit or other authorization that grants a person the authority to engage in a profession or occupation in this State.

      (b) “Licensee” means a person to whom a license has been issued.

      (c) “Licensing agency” means the Secretary of State or any agency, board or commission that regulates an occupation or profession except for the Department of Motor Vehicles, the Division of Insurance of the Department of Business and Industry, the Commissioner of Insurance or any local government.

      (d) “State business license” has the meaning ascribed to it in NRS 76.030.

      Sec. 3.  Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, 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. 4.  This act becomes effective on July 1, 2021.

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ê2021 Statutes of Nevada, Page 2275ê

 

CHAPTER 382, AB 37

Assembly Bill No. 37–Committee on Judiciary

 

CHAPTER 382

 

[Approved: June 4, 2021]

 

AN ACT relating to the support of children; defining certain terms and revising certain definitions relating to the support of children; requiring the reporting and withholding of lump sum payments by income payers under certain circumstances; revising provisions relating to the amount of income that may be withheld from an obligor; making various changes relating to the withholding of income by income payers; authorizing the imposition of certain penalties on income payers who commit certain improper acts relating to lump sum payments; expressly authorizing the assignment of money from certain lump sum payments; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law: (1) requires an employer, person or other entity to withhold and deliver income of an obligor to an enforcing authority for the support of a child under certain circumstances; and (2) sets forth certain procedures for the enforcement of such withholdings and deliveries. (Chapter 31A of NRS) Section 4 of this bill defines the term “income payer” to mean any employer, person or other entity required to withhold and deliver the income of an obligor to an enforcing authority. Section 3 of this bill defines the term “employer” to mean a person or entity that employs an obligor as an employee or independent contractor. Sections 11-19, 21, 22 and 24-27 of this bill make various changes based on those definitions.

      Existing law defines “income” to include: (1) wages, salaries, bonuses and commissions; (2) any money from certain other persons or entities from which support may be withheld; (3) any other money due as a pension, unemployment compensation, a benefit because of disability or retirement, or as a return of contributions and interest; and (4) any compensation of an independent contractor. (NRS 31A.016) Section 9 of this bill revises the definition of “income” to expressly include a lump sum payment. Section 5 of this bill defines the term “lump sum payment.”

      Section 7 of this bill requires certain income payers who are subject to a notice to withhold income of an obligor to inform the enforcing authority before making a lump sum payment of $150 or more to an obligor. Section 7 requires the income payer to inform the enforcing authority at least 10 days before the income payer intends to release the lump sum payment to the obligor. Section 7 additionally requires the enforcing authority, within 10 days after receiving such information, to provide the income payer with a written notice from the Division of Welfare and Supportive Services of the Department of Health and Human Services specifying the amount of the lump sum payment that the income payer must withhold and deliver to the enforcing authority, if any. Section 7 also provides the manner in which the written notice must be sent to the income payer and obligor and authorizes the obligor to contest the written notice. Finally, section 7 prohibits the income payer from releasing the lump sum payment to the obligor before: (1) the date that the income payer intends to release the lump sum payment; or (2) the 11th day after providing the information regarding the lump sum payment or the date that the income payer receives the written notice, whichever is earlier. Section 6 of this bill defines the term “written notice.”

      Existing law sets forth certain penalties that may be imposed on an employer who wrongfully refuses to withhold income, refuses or intentionally fails to deliver money to the enforcing authority or knowingly misrepresents the income of an employee.

 


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(NRS 31A.095, 31A.120) Sections 16 and 18 of this bill authorize a court to impose such penalties on an income payer who refuses to withhold money from a lump sum payment or refuses or intentionally fails to deliver money from a lump sum payment to an enforcing authority.

      Existing law: (1) provides immunity from civil liability to an employer who complies with a notice to withhold income; (2) discharges the liability of an employer to an obligor for the portion of the income affected by compliance with a notice to withhold income; and (3) provides immunity from civil liability to an enforcing authority for any money withheld before the implementation of a stay on an order to withhold income. (NRS 31A.100) Section 17 of this bill extends such immunity to and discharges the liability of an income payer who complies with a written notice concerning a lump sum payment.

      Existing law prescribes the amount of income that may be withheld from an obligor and places certain restrictions on the total amount that may be withheld. (NRS 31A.030) Existing law provides that: (1) not more than 50 percent of the disposable earnings of an employee may be withheld if the employee is supporting another spouse or child; or (2) not more than 60 percent of the disposable earnings of the employee may be withheld if the employee is not supporting another spouse or child. Existing law further provides that an additional 5 percent of the disposable earnings of the employee may be withheld if payments for support are more than 12 weeks in arrears. (15 U.S.C. § 1673; NRS 31.295) Section 10 of this bill applies such restrictions on the total amount of income that may be withheld to all obligors, regardless of whether the obligor is employed as an employee or is an independent contractor and regardless of whether the income qualifies as disposable earnings of the obligor. Thus, section 10 provides that the amount of income withheld from any obligor must not exceed: (1) 50 percent, if the obligor is supporting another child or spouse, or 60 percent, if the obligor is not supporting another child or spouse; or (2) 55 percent or 65 percent, respectively, if the obligor has been in arrears for more than 12 weeks. Section 2 of this bill defines the term “disposable earnings.” Sections 12 and 23 of this bill make conforming changes to reflect the calculation of income that may be withheld.

      Existing law requires: (1) the State Treasurer to collect a fee of $2 for each withholding of income made by an employer; and (2) an employer to deduct such a fee from the income of the obligor. (NRS 31A.075, 31A.080) Sections 13 and 14 of this bill make various changes related to the deduction of the fee by an income payer.

      Existing law requires: (1) person or entity for whom support is being collected to notify the enforcing authority by certified mail, return receipt requested, of a change of address; and (2) an order for an assignment to be served on an employer by certified mail, return receipt requested. (NRS 31A.140, 31A.280) Sections 19 and 24 of this bill require the documents to be sent by first-class mail or electronically.

      Existing law authorizes the withholding and assignment of certain money due to an obligor that is paid periodically or in lump sums. (NRS 31A.150, 31A.330) Sections 20 and 27 of this bill expressly authorize the withholding and assignment of money from certain lump sum payments.

 

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 31A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2. “Disposable earnings” has the meaning ascribed to it in NRS 31.295.

      Sec. 3. “Employer” means a person or entity that employs an obligor as an employee or independent contractor.

 


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      Sec. 4. “Income payer” means any employer, person or other entity required to withhold and deliver income pursuant to NRS 31A.025 to 31A.190, inclusive, and section 7 of this act.

      Sec. 5. “Lump sum payment” means:

      1.  A commission;

      2.  A discretionary or nondiscretionary bonus;

      3.  A productivity or performance bonus;

      4.  Profit sharing;

      5.  A referral or sign-on bonus;

      6.  An incentive payment for moving or relocation;

      7.  An attendance award;

      8.  A safety award;

      9.  A cash payment award;

      10.  Termination pay;

      11.  Severance pay; and

      12.  Any other one-time, unscheduled or irregular payment of compensation.

      Sec. 6. “Written notice” means the notice issued pursuant to subsection 3 of section 7 of this act.

      Sec. 7. 1.  An income payer who has received a notice to withhold income which includes a provision for the payment of arrears shall inform the enforcing authority before making a lump sum payment to the obligor that is $150 or more.

      2.  The information provided by the income payer pursuant to subsection 1 must be:

      (a) On a form prescribed by the Division of Welfare and Supportive Services; and

      (b) Submitted to the enforcing authority at least 10 days before the date that the income payer intends to release the lump sum payment to the obligor.

      3.  Within 10 days after receiving the form described in subsection 2, the enforcing authority shall provide the income payer with a written notice from the Division of Welfare and Supportive Services specifying the amount of the lump sum payment to be withheld and delivered to the enforcing authority.

      4.  The income payer shall not release the lump sum payment before:

      (a) The date that the income payer intends to release the lump sum payment; or

      (b) The 11th day after submitting the form described in subsection 2 or the date that the written notice is received by the income payer, whichever is earlier.

      5.  The written notice is binding on the income payer and must be sent by the enforcing authority to:

      (a) The last known address of the obligor by first-class mail; and

      (b) The income payer by first-class mail or electronically.

      6.  An obligor may contest a written notice in the same manner as described in NRS 31A.050.

      Sec. 8. NRS 31A.010 is hereby amended to read as follows:

      31A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 31A.012 to 31A.021, inclusive, and sections 2 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

 


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      Sec. 9. NRS 31A.016 is hereby amended to read as follows:

      31A.016  “Income” includes, but is not limited to:

      1.  Wages, salaries, bonuses and commissions [;] , regardless of the frequency of payment;

      2.  Any money from which support may be withheld pursuant to NRS 31A.150 or 31A.330;

      3.  Any other money due as a pension, unemployment compensation, a benefit because of disability or retirement, or as a return of contributions and interest; [and]

      4.  Any lump sum payments; and

      5.  Any compensation of an independent contractor [.] , including, without limitation, any compensation described in subsections 1 to 4, inclusive, as applicable.

      Sec. 10. NRS 31A.030 is hereby amended to read as follows:

      31A.030  Except as otherwise provided in NRS 31A.024:

      1.  [The] Except as otherwise provided in subsection 2, the amount of income to be withheld pursuant to NRS 31A.025 to 31A.190, inclusive, [must be calculated in accordance with NRS 31.295] and section 7 of this act must include:

      (a) The amount of the current support due plus:

             (1) An amount equal to 10 percent of the amount of the current periodic or other payment ordered for support, to be applied to satisfy arrearages, if any; or

             (2) If the court has previously ordered the payment of arrearages in a specified manner, the amount so ordered;

      (b) If the obligor is subject to a court order for the payment of current support which is not being collected pursuant to this chapter and the enforcing authority is entitled to collect any arrearages, an amount equal to 25 percent of the amount of the payment ordered for current support, to be applied to satisfy the arrearages; or

      (c) If the child is emancipated, arrearages as provided in NRS 125B.100, until the arrearages are paid in full.

      2.  The amount of income withheld must be calculated in accordance with the percentages set forth in NRS 31.295, regardless of whether the income qualifies as disposable earnings.

      3.  If two or more court orders for the withholding of income are being enforced against the same obligor, the amount available from withholding must be allocated among those persons entitled to it pursuant to those orders:

      (a) Giving priority to an obligation for current support; and

      (b) Except as otherwise provided in paragraph (a), in the proportion that the amount owed any one person bears to the total amount owed to all persons entitled to withholding pursuant to those orders.

      Sec. 11. NRS 31A.040 is hereby amended to read as follows:

      31A.040  1.  The enforcing authority shall notify an obligor who is subject to the withholding of income by first-class mail to the obligor’s last known address:

      (a) That the obligor’s income is being withheld;

      (b) Of the amount of any arrearages;

      (c) Of the amount being withheld from the obligor’s income to pay current support and the amount being withheld to pay any arrearages;

      (d) That a notice to withhold income applies to any current or subsequent [employer;] income payer;

 


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      (e) That a notice to withhold income of the obligor has been mailed to the [obligor’s employer;] income payer of the obligor;

      (f) Of the information provided to the [obligor’s employer] income payer of the obligor pursuant to NRS 31A.070;

      (g) That the obligor may contest the withholding; and

      (h) Of the grounds and procedures for contesting the withholding.

      2.  The provisions of this section are applicable only to an obligor against whom there is entered an order of a kind described in subsection 4 of NRS 31A.025.

      Sec. 12. NRS 31A.070 is hereby amended to read as follows:

      31A.070  1.  The enforcing authority shall mail, by first-class mail, a notice to withhold income to an [obligor’s employer:] income payer of an obligor:

      (a) If the provisions of subsection 4 of NRS 31A.025 apply, immediately upon determining that the obligor is delinquent in the payment of support; or

      (b) If the provisions of subsection 4 of NRS 31A.025 do not apply, immediately upon the entry of the order of support, unless an exception set forth in paragraph (a) or (b) of subsection 1 of NRS 31A.025 applies.

      2.  If an [employer] income payer of an obligor does not begin to withhold income from the obligor after receiving the notice to withhold income that was mailed pursuant to subsection 1, the enforcing authority shall mail, by certified mail, return receipt requested, another notice to withhold income to the [employer.] income payer.

      3.  A notice to withhold income may be issued electronically and must:

      (a) Contain the social security number of the obligor;

      (b) Specify the amount to be withheld from the income of the obligor;

      (c) Specify the amounts of the fees authorized in NRS 31A.090 and required in NRS 31A.075;

      (d) Describe the limitation for withholding income prescribed in [NRS 31.295;] subsection 2 of NRS 31A.030;

      (e) Describe the prohibition against terminating the employment of an obligor because of withholding , if applicable, and the penalties for wrongfully refusing to withhold pursuant to the notice to withhold income;

      (f) Specify that, pursuant to NRS 31A.160, the withholding of income to enforce an order of a court for child support has priority over other proceedings against the same money; and

      (g) Explain the duties of an [employer] income payer upon the receipt of the notice to withhold income.

      Sec. 13. NRS 31A.075 is hereby amended to read as follows:

      31A.075  1.  The State Treasurer shall charge an obligor a fee of $2 for each withholding of income for the payment of support made by an [employer] income payer pursuant to this chapter, except that the fee must not be charged to an obligor more than two times during any month.

      2.  All such fees received by the State Treasurer from [employers] income payers pursuant to NRS 31A.080 must be accounted for separately in the State General Fund.

      3.  The account created pursuant to subsection 2 must be administered by the Administrator of the Division of Welfare and Supportive Services. The money in the account must be distributed among each enforcing authority pursuant to regulations adopted by the Administrator of the Division of Welfare and Supportive Services pursuant to NRS 425.365.

 


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      Sec. 14. NRS 31A.080 is hereby amended to read as follows:

      31A.080  1.  An [employer] income payer who receives a notice to withhold income shall:

      [1.] (a) Withhold the amount stated in the notice from the income due the obligor beginning with the first [pay period] payment that occurs within 14 days after the date the notice was [mailed] sent to the [employer] income payer and continuing until the enforcing authority notifies the [employer] income payer to discontinue the withholding; and

      [2.] (b) Deliver the money withheld to the enforcing authority within 7 days after the date of [each] payment . [of the regularly scheduled payroll of the employer;

      3.]2.  An income payer who receives a written notice or a notice to withhold income shall:

      (a) Deduct from the income due the obligor after the withholding , [pursuant to subsection 1,] the fee set forth in NRS 31A.075;

      [4.] (b) Deliver to the State Treasurer, at least quarterly, all money deducted as fees pursuant to [subsection 3;] paragraph (a); and

      [5.  Notify]

      (c) If applicable, notify the enforcing authority and the State Treasurer when the obligor subject to withholding terminates the obligor’s employment, and provide the last known address of the obligor and the name of any new employer of the obligor, if known.

      Sec. 15. NRS 31A.090 is hereby amended to read as follows:

      31A.090  1.  A written notice or a notice to withhold income is binding upon any [employer] income payer of an obligor . [to whom it is mailed.]

      2.  To reimburse the [employer] income payer for the [employer’s] costs of the income payer in making [the] a withholding, the [employer] income payer may deduct $3 from the amount paid the obligor each time the [employer] income payer makes a withholding.

      [2.] 3.  Except as otherwise provided in subsection [3,] 4, if an [employer] income payer receives written notices or notices to withhold income for more than one [employee,] obligor, the [employer] income payer may consolidate the amounts of money that are payable to:

      (a) The enforcing authority and pay those amounts with one check; and

      (b) The State Treasurer and pay those amounts with one check,

Ê but the [employer] income payer shall attach to each check a statement identifying by name and social security number each obligor for whom payment is made and the amount transmitted for that obligor.

      [3.] 4.  If the provisions of NRS 353.1467 apply, the [employer] income payer shall make payment to the enforcing authority or the State Treasurer, as applicable, by way of any method of electronic transfer of money allowed by the enforcing authority or the State Treasurer. If an [employer] income payer has 50 or more employees, the [employer] income payer shall make payment to the Division of Welfare and Supportive Services by way of any method of electronic transfer of money allowed by the Division. If an [employer] income payer makes payment by way of electronic transfer of money pursuant to this subsection, the [employer] income payer shall transmit separately the name and appropriate identification number, if any, of each obligor for whom payment is made and the amount transmitted for that obligor.

      [4.] 5.  An [employer] income payer shall cooperate with and provide relevant information to an enforcing authority as necessary to enable it to enforce an obligation of support.

 


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enforce an obligation of support. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages resulting from the disclosure.

      [5.] 6.  As used in this section, “electronic transfer of money” has the meaning ascribed to it in NRS 353.1467.

      Sec. 16. NRS 31A.095 is hereby amended to read as follows:

      31A.095  1.  If an [employer:] income payer:

      (a) Wrongfully refuses to withhold income as required pursuant to NRS 31A.025 to 31A.190, inclusive, and section 7 of this act after receiving a notice to withhold income that was sent by certified mail pursuant to subsection 2 of NRS 31A.070 [;] or a written notice;

      (b) Refuses or intentionally fails to deliver to the enforcing authority any money required pursuant to NRS 31A.080 [;] or section 7 of this act; or

      (c) Knowingly misrepresents the income of an [employee,] obligor,

Ê the enforcing authority may apply for and the court may issue an order directing the [employer] income payer to appear and show cause why the [employer] income payer should not be subject to the penalty prescribed in subsection 2 of NRS 31A.120.

      2.  At the hearing on the order to show cause, the court, upon a finding that the [employer] income payer wrongfully refused to withhold income as required, refused or intentionally failed to deliver money to the enforcing authority as required or knowingly misrepresented [an employee’s] the income [:] of an obligor:

      (a) May order the [employer] income payer to comply with the requirements of NRS 31A.025 to 31A.190, inclusive [;] , and section 7 of this act;

      (b) May order the [employer] income payer to provide accurate information concerning the [employee’s] income [;] of the obligor;

      (c) May fine the [employer] income payer pursuant to subsection 2 of NRS 31A.120; and

      (d) Shall require the [employer] income payer to pay the amount the [employer] income payer failed or refused to withhold from the obligor’s income or refused or intentionally failed to deliver to the enforcing authority.

      Sec. 17. NRS 31A.100 is hereby amended to read as follows:

      31A.100  1.  An [employer] income payer who complies with a written notice or notice to withhold income that is regular on its face may not be held liable in any civil action for any conduct taken in compliance with the notice.

      2.  Compliance by an [employer] income payer with a written notice or notice to withhold income is a discharge of the [employer’s] liability of the income payer to the obligor as to that portion of the income affected.

      3.  If a court issues an order to stay a withholding of income, the enforcing authority may not be held liable in any civil action to the obligor for any money withheld before the stay becomes effective.

      Sec. 18. NRS 31A.120 is hereby amended to read as follows:

      31A.120  1.  It is unlawful for an employer to use the withholding of income to collect an obligation of support as a basis for refusing to hire a potential [employee,] obligor, discharging the [employee] obligor or taking disciplinary action against the [employee.] obligor. Any employer who violates this section shall hire or reinstate the [employee] obligor with no loss of pay or benefits, is liable for any payments of support not withheld and shall be fined $1,000. If an [employee] obligor prevails in an action based on this section, the employer is liable, in an amount not less than $2,500, for payment of the [employee’s] costs and attorney’s fees incurred by the obligor in that action.

 


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this section, the employer is liable, in an amount not less than $2,500, for payment of the [employee’s] costs and attorney’s fees incurred by the obligor in that action.

      2.  If an [employer:] income payer:

      (a) Wrongfully refuses to withhold from the income of an obligor as required pursuant to NRS 31A.025 to 31A.190, inclusive [;] , and section 7 of this act;

      (b) Refuses or intentionally fails to deliver to the enforcing authority any money required pursuant to NRS 31A.080 [;] or section 7 of this act; or

      (c) Knowingly misrepresents the income of the [employee,] obligor,

Ê the [employer] income payer shall pay the amount the [employer] income payer refused to withhold or refused or intentionally failed to deliver to the enforcing authority and may be ordered to pay punitive damages to the person to whom support is owed in an amount not to exceed $1,000 for each [pay period] payment the [employer] income payer failed to withhold income as required, refused or intentionally failed to deliver money to the enforcing authority as required or knowingly misrepresented the income of the [employee.] obligor.

      Sec. 19. NRS 31A.140 is hereby amended to read as follows:

      31A.140  1.  A person or other entity for whom support is being collected pursuant to NRS 31A.025 to 31A.190, inclusive, and section 7 of this act shall notify the enforcing authority of a change of address within a reasonable time after the change. The notice must be [in writing and] sent by [certified mail, return receipt requested.] first-class mail or electronically.

      2.  If payments are not deliverable for 3 consecutive months because of the failure of a person or other entity for whom payment of support has been withheld to notify the enforcing authority of a change of address, no further payments may be made and all payments not delivered must be returned to the obligor. The enforcing authority shall notify the [employer] income payer to discontinue withholding.

      Sec. 20. NRS 31A.150 is hereby amended to read as follows:

      31A.150  [1.]  Money may be withheld for the support of a child pursuant to NRS 31A.025 to 31A.190, inclusive, and section 7 of this act from any money:

      [(a)] 1.  Due to:

             [(1)] (a) The obligor as a pension, an annuity, unemployment compensation, a benefit because of disability, retirement or other cause or any other benefit;

             [(2)] (b) The obligor as a return of contributions and interest; or

             [(3)] (c) Some other person because of the death of the obligor,

Ê from the State, a political subdivision of the State or an agency of either, a public trust, corporation or board or a system for retirement, disability or annuity established by any person or a statute of this or any other state, whether the money is payable periodically or in a lump sum [; or

      (b)] regardless of the frequency of payment;

      2.  Due to the obligor as a judgment, a settlement or the prize from any contest or lottery, from any person or other entity, [whether the money is payable periodically or in a lump sum.

      2.  When a certified copy of a notice to withhold income is delivered by certified mail, return receipt requested, to a person or other entity described in subsection 1, the person or other entity must comply with the request and pay to the enforcing authority the amounts withheld as required in the notice to withhold income.]

 


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pay to the enforcing authority the amounts withheld as required in the notice to withhold income.] regardless of the frequency of payment; or

      3.  Due to the obligor as a lump sum payment.

      Sec. 21. NRS 31A.180 is hereby amended to read as follows:

      31A.180  If an order for support on which a notice to withhold income is based is amended or modified, the enforcing authority shall, upon receipt of a certified copy of the amendment or modification, notify the [employer] income payer of the obligor to modify the amount to be withheld accordingly.

      Sec. 22. NRS 31A.190 is hereby amended to read as follows:

      31A.190  An obligor may voluntarily have the payment for support withheld from the obligor’s income by filing a request and a certified copy of the order for support with the enforcing authority. The enforcing authority shall send a notice to withhold income to the [obligor’s employer,] income payer of the obligor, and the [employer] income payer shall withhold and pay the amount as required in the notice.

      Sec. 23. NRS 31A.270 is hereby amended to read as follows:

      31A.270  NRS 31A.160 applies to all assignments of income pursuant to NRS 31A.250 to 31A.330, inclusive. The assignment:

      1.  Must be calculated in accordance with the percentages set forth in NRS 31.295 [.] , regardless of whether the income qualifies as disposable earnings.

      2.  May include the amount of the current support due and a payment on the arrearages if previously ordered by a court of competent jurisdiction.

      Sec. 24. NRS 31A.280 is hereby amended to read as follows:

      31A.280  1.  An order for an assignment issued pursuant to NRS 31A.250 to 31A.330, inclusive, operates as an assignment and is binding upon any existing or future [employer] income payer of an obligor upon whom a copy of the order is served by [certified] first-class mail [, return receipt requested.] or electronically. The order may be modified or revoked at any time by the court.

      2.  To enforce the obligation for support, the [employer] income payer shall cooperate with and provide relevant information concerning the [obligor’s employment] obligor to the person entitled to the support or that person’s legal representative. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.

      3.  If the order for support is amended or modified, the person entitled to the payment of support or that person’s legal representative shall notify the [employer] income payer of the obligor to modify the amount to be withheld accordingly.

      4.  To reimburse the [employer] income payer for the [employer’s] costs incurred by the income payer in making the payment pursuant to the assignment, the [employer] income payer may deduct $3 from the amount paid to the obligor each time the [employer] income payer makes a payment.

      5.  If an [employer] income payer wrongfully refuses to honor an assignment or knowingly misrepresents the income of an [employee,] obligor, the court, upon request of the person entitled to the support or that person’s legal representative, may enforce the assignment in the manner provided in NRS 31A.095 for the enforcement of the withholding of income.

      6.  Compliance by an [employer] income payer with an order of assignment operates as a discharge of the [employer’s] liability of the income payer to the [employee] obligor as to that portion of the [employee’s] income of the obligor affected.

 


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ê2021 Statutes of Nevada, Page 2284 (CHAPTER 382, AB 37)ê

 

      Sec. 25. NRS 31A.290 is hereby amended to read as follows:

      31A.290  An employer may not use assignments of income for payments to collect an obligation of support as a basis for the discharge of an [employee] obligor or for disciplinary action against the [employee.] obligor. An employer who discharges or disciplines an [employee] obligor in violation of this section shall reinstate the [employee] obligor with no loss of pay or benefits, is liable for any payments of support not paid and shall be fined $1,000. If an [employee] obligor prevails in an action for reinstatement based on this section, the employer is liable, in an amount of not less than $2,500, for payment of the [employee’s] costs and attorney’s fees incurred by the obligor in that action.

      Sec. 26. NRS 31A.310 is hereby amended to read as follows:

      31A.310  1.  The person or other entity to whom support is ordered to be paid by assignment of income shall notify the court and the [employer] income payer of the obligor, by any form of mail requiring a return receipt, of any change of address within a reasonable time after that change.

      2.  If the [employer] income payer or the legal representative of the person entitled to the payment for support is unable to deliver payments as required pursuant to NRS 31A.250 to 31A.330, inclusive, within 3 months because of the failure of the person entitled to the support to notify the [employer] income payer or the person’s legal representative of a change of address, the [employer] income payer or legal representative shall not make any further payments pursuant to the assignment and shall return all undeliverable payments to the [employee.] obligor.

      Sec. 27. NRS 31A.330 is hereby amended to read as follows:

      31A.330  1.  Money may be withheld for the support of a child pursuant to NRS 31A.250 to 31A.330, inclusive, from any [money] :

      (a) Money due to:

      [(a)] (1) The obligor as a pension, an annuity, unemployment compensation, a benefit because of disability, retirement or other cause;

      [(b)] (2) The obligor as a return of contributions and interest; or

      [(c)] (3) Some other person because of the death of the obligor,

Ê from the State of Nevada, a political subdivision of the State of Nevada or an agency of either, a public trust, corporation or board or a system for retirement, disability or annuity established by a statute of this state [.] ; or

      (b) Money due to an obligor as a lump sum payment.

      2.  When a [certified] copy of any order of assignment is served by [certified] first-class mail [, return receipt requested,] or electronically on any person or entity described in subsection 1, other than the Federal Government, [it] the person or entity must comply with any request for a return of [employee contributions] the income by an [employee] obligor named in the order by paying the [contributions] income to the person entitled to the payment of support or that person’s legal representative unless the person or entity described in subsection 1 has received a [certified] copy of an order terminating the order of assignment. A court may not directly or indirectly condition the issuance, modification or termination of, or condition the terms or conditions of, any order for the support of a child upon the issuance of such a request by an [employee.] obligor.

________

 


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ê2021 Statutes of Nevada, Page 2285ê

 

CHAPTER 383, AB 66

Assembly Bill No. 66–Committee on Revenue

 

CHAPTER 383

 

[Approved: June 4, 2021]

 

AN ACT relating to taxation; revising requirements for agreements between the Office of Economic Development and applicants for an abatement or partial abatement of certain taxes; requiring the Department of Taxation to issue a document certifying an abatement or partial abatement of sales and use taxes to businesses for which the Office has approved certain abatements or partial abatements of sales and use taxes; authorizing a business for which the Office has approved certain abatements or partial abatements of sales and use taxes to apply for a refund of sales and use taxes paid for which the business was entitled to an abatement or partial abatement; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Office of Economic Development to approve an abatement or partial abatement of certain property taxes, business taxes and sales and use taxes in certain circumstances. (NRS 274.310, 274.320, 274.330, 360.750, 360.752, 360.753, 360.754, 360.889, 360.945) The Office is prohibited from approving an application for such an abatement unless the applicant has entered into an agreement with the Office establishing certain terms for the abatement, which, in certain cases, includes the date on which the abatement becomes effective. (NRS 274.310, 274.320, 274.330, 360.750, 360.752, 360.753, 360.754, 360.889, 360.945) Sections 1.5-6 and 9-11 of this bill prohibit the effective date of an abatement or partial abatement, as established by the agreement, from being later than 1 year after the date on which the application for the abatement is approved. Sections 1.5-6 and 9-11 also require an applicant to enter into the agreement with the Office within 1 year after the application is received by the Office and, if the applicant fails to do so, requires the applicant to submit a new application to be eligible to receive approval for an abatement or partial abatement.

      Section 1 of this bill provides that if the Office approves an application submitted by a business for certain abatements or partial abatements of sales and use taxes, the Department of Taxation is required to issue to the business a document: (1) certifying the abatement or partial abatement; and (2) clearly stating that the business is not required to pay sales and use taxes or the rate of sales and use tax that the business is required to pay. Section 1 authorizes a business for which the Office has approved certain abatements or partial abatements of sales and use taxes to seek a refund of the amount of sales and use taxes paid for which the business was entitled to an abatement if the business failed to present the certifying document. However, under section 1, if the failure of a business to present the certifying document results in a refund for 50 percent or more of the purchases for which the business is eligible for an abatement or partial abatement, the business is required to pay a penalty equal to 10 percent of the amount of sales and use taxes abated, and that penalty is required to be distributed proportionally to local governments affected by the refunds. Section 1 additionally authorizes a business to apply to the Department for a refund of an amount of sales and use taxes paid on purchases for which the business was entitled to an abatement if the purchase is made after the application for the abatement or partial abatement is submitted and before the document certifying the partial abatement is issued. Finally, section 1 provides that no interest may be paid on any refunds issued pursuant to section 1.

      Section 12 of this bill provides that the amendatory provisions of this bill apply only to applications for an abatement that are submitted on or after July 1, 2021.

 


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ê2021 Statutes of Nevada, Page 2286 (CHAPTER 383, AB 66)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the Office of Economic Development approves an application for an abatement of sales and use taxes pursuant to NRS 360.950 or a partial abatement of any sales and use taxes pursuant to NRS 274.310, 274.320, 274.330, 360.750, 360.753, 360.754 or 360.890, the Department shall issue to the business a document certifying the abatement or partial abatement which can be presented to retailers at the time of purchase. The document must clearly state that the business is not required to pay sales and use taxes or the rate of sales and use tax that the business is required to pay.

      2.  If the Department has issued to a business a document pursuant to subsection 1 and the business pays an amount of sales and use taxes for which the business was entitled to an abatement because the business fails to present the document, the business may apply to the Department for a refund of the amount of sales and use tax paid for which the business was entitled to an abatement. If the Department has issued to a business a document pursuant to subsection 1 and the failure of the business to present the document results in the business paying the full amount of sales and use tax on 50 percent or more of the purchases for which the business was eligible for the abatement, the Department shall impose on the business a penalty equal to 10 percent of the total amount of the abatement. The Department shall distribute the proceeds of any penalty imposed pursuant to this subsection to each local government affected by a refund issued pursuant to this subsection in proportion to the amount of the refunds for which the affected local government is responsible.

      3.  If, after submitting an application for an abatement of sales and use taxes pursuant to NRS 360.950 or a partial abatement of any sales and use taxes pursuant to NRS 360.750, 360.753, 360.754 or 360.890 and before receiving the document issued pursuant to subsection 1, a business pays an amount of sales and use tax for which the business is entitled to an abatement, the business may apply to the Department for a refund of the amount of sales and use tax which the applicant paid for which the business is entitled to an abatement.

      4.  Notwithstanding any other provision of law, no interest is allowed on a refund made pursuant to subsection 2 or 3.

      Sec. 1.5. NRS 360.750 is hereby amended to read as follows:

      360.750  1.  A person who intends to locate or expand a business in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of one or more of the taxes imposed on the:

      (a) New business pursuant to chapter 361, 363B or 374 of NRS.

      (b) Expanded business pursuant to chapter 361 or 363B of NRS or a partial abatement of the local sales and use taxes [.] imposed on the expanded business. As used in this paragraph, “local sales and use taxes” means the taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the political subdivision in which the business is to be located or expanded, except the taxes imposed by the Sales and Use Tax Act and the Local School Support Tax Law.

 


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ê2021 Statutes of Nevada, Page 2287 (CHAPTER 383, AB 66)ê

 

consumed, in the political subdivision in which the business is to be located or expanded, except the taxes imposed by the Sales and Use Tax Act and the Local School Support Tax Law.

      2.  The Office of Economic Development shall approve an application for a partial abatement pursuant to this section if the Office makes the following determinations:

      (a) The business offers primary jobs and is consistent with:

             (1) The State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Executive Director of the Office to implement the State Plan for Economic Development.

      (b) [The] Not later than 1 year after the date on which the application was received by the Office, the applicant has executed an agreement with the Office which must:

             (1) Comply with the requirements of NRS 360.755;

             (2) State the date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application [;] and not later than 1 year after the date on which the Office approves the application;

             (3) State that the business will, after the date on which the abatement becomes effective, continue in operation in this State for a period specified by the Office, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection;

             (4) State that the business will offer primary jobs; and

             (5) Bind the successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

      (d) Except as otherwise provided in subsection 4 or 5, the average hourly wage that will be paid by the business to its new employees in this State is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.

      (e) The business will, by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective, offer a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees, and the health care benefits the business offers to its employees in this State will meet the minimum requirements for health care benefits established by the Office.

      (f) Except as otherwise provided in this subsection and NRS 361.0687, if the business is a new business in a county whose population is 100,000 or more or a city whose population is 60,000 or more, the business meets at least one of the following requirements:

             (1) The business will have 50 or more full-time employees on the payroll of the business by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective who will be employed at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

             (2) Establishing the business will require the business to make, not later than the date which is 2 years after the date on which the abatement becomes effective, a capital investment of at least $1,000,000 in this State in capital assets that will be retained at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

 


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ê2021 Statutes of Nevada, Page 2288 (CHAPTER 383, AB 66)ê

 

becomes effective, a capital investment of at least $1,000,000 in this State in capital assets that will be retained at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

      (g) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is less than 100,000, in an area of a county whose population is 100,000 or more that is located within the geographic boundaries of an area that is designated as rural by the United States Department of Agriculture and at least 20 miles outside of the geographic boundaries of an area designated as urban by the United States Department of Agriculture, or in a city whose population is less than 60,000, the business meets at least one of the following requirements:

             (1) The business will have 10 or more full-time employees on the payroll of the business by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective who will be employed at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

             (2) Establishing the business will require the business to make, not later than the date which is 2 years after the date on which the abatement becomes effective, a capital investment of at least $250,000 in this State in capital assets that will be retained at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

      (h) If the business is an existing business, the business meets at least one of the following requirements:

             (1) For a business in:

                   (I) Except as otherwise provided in sub-subparagraph (II), a county whose population is 100,000 or more or a city whose population is 60,000 or more, the business will, by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective, increase the number of employees on its payroll in that county or city by 10 percent more than it employed in the fiscal year immediately preceding the fiscal year in which the abatement becomes effective or by twenty-five employees, whichever is greater, who will be employed at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective; or

                   (II) A county whose population is less than 100,000, an area of a county whose population is 100,000 or more that is located within the geographic boundaries of an area that is designated as rural by the United States Department of Agriculture and at least 20 miles outside of the geographic boundaries of an area designated as urban by the United States Department of Agriculture, or a city whose population is less than 60,000, the business will, by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective, increase the number of employees on its payroll in that county or city by 10 percent more than it employed in the fiscal year immediately preceding the fiscal year in which the abatement becomes effective or by six employees, whichever is greater, who will be employed at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

             (2) The business will expand by making a capital investment in this State, not later than the date which is 2 years after the date on which the abatement becomes effective, in an amount equal to at least 20 percent of the value of the tangible property possessed by the business in the fiscal year immediately preceding the fiscal year in which the abatement becomes effective, and the capital investment will be in capital assets that will be retained at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

 


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ê2021 Statutes of Nevada, Page 2289 (CHAPTER 383, AB 66)ê

 

abatement becomes effective, in an amount equal to at least 20 percent of the value of the tangible property possessed by the business in the fiscal year immediately preceding the fiscal year in which the abatement becomes effective, and the capital investment will be in capital assets that will be retained at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective. The determination of the value of the tangible property possessed by the business in the immediately preceding fiscal year must be made by the:

                   (I) County assessor of the county in which the business will expand, if the business is locally assessed; or

                   (II) Department, if the business is centrally assessed.

      (i) The applicant has provided in the application an estimate of the total number of new employees which the business anticipates hiring in this State by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective if the Office approves the application.

      3.  Notwithstanding the provisions of subsection 2, the Office of Economic Development:

      (a) Shall not consider an application for a partial abatement pursuant to this section unless the Office has requested a letter of acknowledgment of the request for the abatement from any affected county, school district, city or town.

      (b) Shall consider the level of health care benefits provided by the business to its employees, the projected economic impact of the business and the projected tax revenue of the business after deducting projected revenue from the abated taxes.

      (c) May, if the Office determines that such action is necessary:

             (1) Approve an application for a partial abatement pursuant to this section by a business that does not meet the requirements set forth in paragraph (f), (g) or (h) of subsection 2;

             (2) Make any of the requirements set forth in paragraphs (d) to (h), inclusive, of subsection 2 more stringent; or

             (3) Add additional requirements that a business must meet to qualify for a partial abatement pursuant to this section.

      4.  Notwithstanding any other provision of law, the Office of Economic Development shall not approve an application for a partial abatement pursuant to this section if:

      (a) The applicant intends to locate or expand in a county in which the rate of unemployment is 7 percent or more and the average hourly wage that will be paid by the applicant to its new employees in this State is less than 70 percent of the average statewide hourly wage, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.

      (b) The applicant intends to locate or expand in a county in which the rate of unemployment is less than 7 percent and the average hourly wage that will be paid by the applicant to its new employees in this State is less than 85 percent of the average statewide hourly wage, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.

      (c) The applicant intends to locate in a county but has already received a partial abatement pursuant to this section for locating that business in that county.

 


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ê2021 Statutes of Nevada, Page 2290 (CHAPTER 383, AB 66)ê

 

      (d) The applicant intends to expand in a county but has already received a partial abatement pursuant to this section for expanding that business in that county.

      (e) The applicant has changed the name or identity of the business to evade the provisions of paragraph (c) or (d).

      5.  Notwithstanding any other provision of law, if the Office of Economic Development approves an application for a partial abatement pursuant to this section, in determining the types of taxes imposed on a new or expanded business for which the partial abatement will be approved and the amount of the partial abatement:

      (a) If the new or expanded business is located in a county in which the rate of unemployment is 7 percent or more and the average hourly wage that will be paid by the business to its new employees in this State is less than 85 percent of the average statewide hourly wage, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year, the Office shall not:

             (1) Approve an abatement of the taxes imposed pursuant to chapter 361 of NRS which exceeds 25 percent of the taxes on personal property payable by the business each year.

             (2) Approve an abatement of the taxes imposed pursuant to chapter 363B of NRS which exceeds 25 percent of the amount of tax otherwise due pursuant to NRS 363B.110.

      (b) If the new or expanded business is located in a county in which the rate of unemployment is less than 7 percent and the average hourly wage that will be paid by the business to its new employees in this State is less than 100 percent of the average statewide hourly wage, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year, the Office shall not:

             (1) Approve an abatement of the taxes imposed pursuant to chapter 361 of NRS which exceeds 25 percent of the taxes on personal property payable by the business each year.

             (2) Approve an abatement of the taxes imposed pursuant to chapter 363B of NRS which exceeds 25 percent of the amount of tax otherwise due pursuant to NRS 363B.110.

      6.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer.

      7.  An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Office of Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

      8.  If an applicant for a partial abatement pursuant to this section fails to enter into the agreement described in paragraph (b) of subsection 2 within 1 year after the date on which the application was received by the Office, the applicant shall not be approved for a partial abatement pursuant to this section unless the applicant submits a new application.

 


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ê2021 Statutes of Nevada, Page 2291 (CHAPTER 383, AB 66)ê

 

      9.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the requirements set forth in subsection 2; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 2,

Ê the business shall repay to the Department or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the partial abatement that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the partial abatement required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      [9.]10.  A county treasurer:

      (a) Shall deposit any money that he or she receives pursuant to subsection [8] 9 in one or more of the funds established by a local government of the county pursuant to NRS 354.6113 or 354.6115; and

      (b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115.

      [10.]11.  The Office of Economic Development may adopt such regulations as the Office of Economic Development determines to be necessary to carry out the provisions of this section and NRS 360.755.

      [11.]12.  The Nevada Tax Commission:

      (a) Shall adopt regulations regarding:

             (1) The capital investment that a new business must make to meet the requirement set forth in paragraph (f) or (g) of subsection 2; and

             (2) Any security that a business is required to post to qualify for a partial abatement pursuant to this section.

      (b) May adopt such other regulations as the Nevada Tax Commission determines to be necessary to carry out the provisions of this section and NRS 360.755.

      [12.]13.  An applicant for a partial abatement pursuant to this section who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      [13.] 14.  For the purposes of this section, an employee is a “full-time employee” if he or she is in a permanent position of employment and works an average of 30 hours per week during the applicable period set forth in subsection 2.

      Sec. 2. NRS 360.752 is hereby amended to read as follows:

      360.752  1.  A person who intends to locate or expand a business in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of the tax imposed on the new or expanded business pursuant to chapter 361 of NRS.

      2.  The Office of Economic Development shall approve an application for a partial abatement pursuant to this section if the Office makes the following determinations:

 


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ê2021 Statutes of Nevada, Page 2292 (CHAPTER 383, AB 66)ê

 

      (a) The business is in one or more of the industry sectors for economic development promoted, identified or otherwise approved by the Governor’s Workforce Investment Board described in NRS 232.935.

      (b) The business is consistent with:

             (1) The State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Executive Director of the Office to implement the State Plan for Economic Development.

      (c) [The] Not later than 1 year after the date on which the application was received by the Office, the applicant has executed an agreement with the Office which must:

             (1) Comply with the requirements of NRS 360.755;

             (2) Require the business to submit to the Department the reports required by paragraph (c) of subsection 1 of NRS 218D.355;

             (3) State the agreed terms of the partial abatement, which must comply with the requirements of subsection 4;

             (4) State the date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application [;] and not later than 1 year after the date on which the Office approves the application;

             (5) State that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 5, continue in operation in this State for a period specified by the Office, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection; and

             (6) Bind the successors in interest of the business for the specified period.

      (d) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

      (e) The business does not receive:

             (1) Any funding from a governmental entity, other than any private activity bonds as defined in 26 U.S.C. § 141; or

             (2) Any real or personal property from a governmental entity at no cost or at a reduced cost.

      (f) The average hourly wage that will be paid by the business to its new employees in this State is at least 100 percent of the average statewide hourly wage or the average countywide hourly wage, whichever is less, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.

      (g) The business will offer a health insurance plan for all full-time employees that includes an option for health insurance coverage for dependents of those employees, or will abide by all applicable provisions of the Patient Protection and Affordable Care Act, Public Law 111-148, or both, and the benefits the business offers to its employees in this State will meet the minimum requirements for benefits established by the Office.

      (h) The business meets the following requirements:

             (1) The business makes a capital investment of at least $1,000,000 in a program of the University of Nevada, Reno, the University of Nevada, Las Vegas, or the Desert Research Institute to be used in support of research, development or training related to the field of endeavor of the business.

 


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ê2021 Statutes of Nevada, Page 2293 (CHAPTER 383, AB 66)ê

 

             (2) The business will employ 15 or more full-time employees for the duration of the abatement.

             (3) The business will employ two or more graduate students from the program in which the capital investment is made on a part-time basis during years 2 through 5, inclusive, of the abatement.

             (4) The business submits with its application for a partial abatement:

                   (I) A letter of support from the institution in which the capital investment is made, which is signed by the chief administrative officer of the institution and the director or chair of the program or the appropriate department, and which includes, without limitation, a summary of the financial and other resources the business will provide to the program and an agreement that the institution will provide to the Office periodic reports, at such times and containing such information as the Office may require, regarding the use of those resources; and

                   (II) A letter of support which is signed by the chair of the board of directors of the regional economic development authority within whose jurisdiction the institution is located and which includes, without limitation, a summary of the role the business will play in diversifying the economy and, if applicable, in achieving the broader goals of the regional economic development authority for economic development and diversification.

      (i) In lieu of meeting the requirements of paragraph (h), the business meets the following requirements:

             (1) The business makes a capital investment of at least $500,000 in the Nevada State College or an institution of the Nevada System of Higher Education other than those set forth in subparagraph (1) of paragraph (h), to be used in support of college certification or in support of research or training related to the field of endeavor of the business.

             (2) The business will employ 15 or more full-time employees for the duration of the abatement.

             (3) The business will employ two or more students from the college or institution in which the capital investment is made on a full-time basis during years 2 through 5, inclusive, of the abatement.

             (4) The business submits with its application for a partial abatement:

                   (I) A letter of support from the college or institution in which the capital investment is made, which is signed by the chief administrative officer of the college or institution and which includes, without limitation, a summary of the financial and other resources the business will provide to the program and an agreement that the college or institution will provide to the Office periodic reports, at such times and containing such information as the Office may require, regarding the use of those resources; and

                   (II) A letter of support which is signed by the chair of the board of directors of the regional economic development authority within whose jurisdiction the college or institution is located and which includes, without limitation, a summary of the role the business will play in diversifying the economy and, if applicable, in achieving the broader goals of the regional economic development authority for economic development and diversification.

      3.  Notwithstanding the provisions of subsection 2, the Office of Economic Development:

      (a) Shall furnish to the board of county commissioners of each affected county a copy of each application for a partial abatement pursuant to this section.

 


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      (b) Shall not consider an application for a partial abatement pursuant to this section unless the Office has requested a letter of acknowledgment of the request for the abatement from any affected county, school district, city or town.

      (c) Shall not approve an application for a partial abatement pursuant to this section unless the abatement is approved or deemed approved as described in this paragraph. The board of county commissioners of each affected county must approve or deny the application not later than 30 days after the board of county commissioners receives a copy of the application as described in paragraph (a). If the board of county commissioners does not approve or deny the application within 30 days after the board of county commissioners receives a copy of the application, the application shall be deemed approved.

      (d) May, if the Office determines that such action is necessary add additional requirements that a business must meet to qualify for a partial abatement pursuant to this section.

      4.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section:

      (a) The total amount of the abatement must not exceed;

             (1) Fifty percent of the amount of the taxes imposed on the personal property of the business pursuant to chapter 361 of NRS during the period of the abatement; or

             (2) Fifty percent of the amount of the capital investment by the business,

Ê whichever amount is less;

      (b) The duration of the abatement must be for 5 years; and

      (c) The abatement applies only to the business for which the abatement was approved pursuant to this section and the property used in connection with that business.

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of the county in which the business will be located.

      6.  An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Office of Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

      7.  If an applicant for a partial abatement pursuant to this section fails to enter into the agreement described in paragraph (c) of subsection 2 within 1 year after the date on which the application was received by the Office, the applicant shall not be approved for a partial abatement pursuant to this section unless the applicant submits a new application.

      8.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases to meet the requirements set forth in subsection 2 or ceases operation before the time specified in the agreement described in paragraph (c) of subsection 2:

 


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      (a) The business shall repay to the county treasurer the amount of the partial abatement that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the partial abatement required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      (b) The applicable institution of higher education is entitled to keep the entire capital investment made by the business in that institution.

      [8.]9.  A county treasurer:

      (a) Shall deposit any money that he or she receives pursuant to subsection [7] 8 in one or more of the funds established by a local government of the county pursuant to NRS 354.6113 or 354.6115; and

      (b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115.

      [9.]10.  The Office of Economic Development:

      (a) Shall adopt regulations relating to the minimum level of benefits that a business must provide to its employees to qualify for a partial abatement pursuant to this section; and

      (b) May adopt such regulations as the Office determines to be necessary to carry out the provisions of this section.

      [10.]11.  The Nevada Tax Commission:

      (a) Shall adopt regulations regarding any security that a business is required to post to qualify for a partial abatement pursuant to this section; and

      (b) May adopt such other regulations as the Nevada Tax Commission determines to be necessary to carry out the provisions of this section.

      [11.]12.  An applicant for a partial abatement pursuant to this section who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      [12.]13.  Except as otherwise provided in this subsection, as used in this section, “capital investment” includes, without limitation, an investment of real or personal property, money or other assets by a business in an institution of the Nevada System of Higher Education. The Office of Economic Development may, by regulation, specify the types of real or personal property or assets that are included within the definition of “capital investment.”

      Sec. 3. NRS 360.753 is hereby amended to read as follows:

      360.753  1.  An owner of a business or a person who intends to locate or expand a business in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of one or more of:

      (a) The personal property taxes imposed on an aircraft and the personal property used to own, operate, manufacture, service, maintain, test, repair, overhaul or assemble an aircraft or any component of an aircraft; and

 


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      (b) The local sales and use taxes imposed on the purchase of tangible personal property used to operate, manufacture, service, maintain, test, repair, overhaul or assemble an aircraft or any component of an aircraft.

      2.  Notwithstanding the provisions of any law to the contrary and except as otherwise provided in subsections 3 and 4, the Office of Economic Development shall approve an application for a partial abatement if the Office makes the following determinations:

      (a) [The] Not later than 1 year after the date on which the application was received by the Office, the applicant has executed an agreement with the Office which:

             (1) Complies with the requirements of NRS 360.755;

             (2) States the date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application [;] and not later than 1 year after the date on which the Office approves the application;

             (3) States that the business will, after the date on which a certificate of eligibility for the partial abatement is issued pursuant to subsection 5, continue in operation in this State for a period specified by the Office, which must be not less than 5 years, and will continue to meet the eligibility requirements set forth in this subsection; and

             (4) Binds any successor in interest of the applicant for the specified period;

      (b) The business is registered pursuant to the laws of this State or the applicant commits to obtaining a valid business license and all other permits required by the county, city or town in which the business operates;

      (c) The business owns, operates, manufactures, services, maintains, tests, repairs, overhauls or assembles an aircraft or any component of an aircraft;

      (d) The average hourly wage that will be paid by the business to its employees in this State during the period of partial abatement is not less than 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year;

      (e) The business will, by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective, offer a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees, and the health care benefits the business offers to its employees in this State will meet the minimum requirements for health care benefits established by the Office;

      (f) If the business is:

             (1) A new business, that it will have five or more full-time employees on the payroll of the business within 1 year after receiving its certificate of eligibility for a partial abatement; or

             (2) An existing business, that it will increase its number of full-time employees on the payroll of the business in this State by 3 percent or three employees, whichever is greater, within 1 year after receiving its certificate of eligibility for a partial abatement;

      (g) The business meets at least one of the following requirements:

             (1) The business will make a new capital investment of at least $250,000 in this State within 1 year after receiving its certificate of eligibility for a partial abatement;

 


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             (2) The business will maintain and possess in this State tangible personal property having a value of not less than $5,000,000 during the period of partial abatement;

             (3) The business develops, refines or owns a patent or other intellectual property, or has been issued a type certificate by the Federal Aviation Administration pursuant to 14 C.F.R. Part 21; and

      (h) If the application is for the partial abatement of the taxes imposed by the Local School Support Tax Law, the application has been approved by a vote of at least two-thirds of the members of the Board of Economic Development created by NRS 231.033.

      3.  The Office of Economic Development:

      (a) Shall approve or deny an application submitted pursuant to this section and notify the applicant of its decision not later than 45 days after receiving the application.

      (b) Must not:

             (1) Consider an application for a partial abatement unless the Office has requested a letter of acknowledgment of the request for the partial abatement from any affected county, school district, city or town and has complied with the requirements of NRS 360.757; or

             (2) Approve a partial abatement for any applicant for a period of more than 10 years.

      4.  The Office of Economic Development must not approve a partial abatement of personal property taxes for a business whose physical property is collectively valued and centrally assessed pursuant to NRS 361.320 and 361.3205.

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office shall immediately forward a certificate of eligibility for the partial abatement to:

      (a) The Department;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from personal property taxes, the appropriate county treasurer.

      6.  An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Office of Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

      7.  If an applicant for a partial abatement pursuant to this section fails to enter into the agreement described in paragraph (a) of subsection 2 within 1 year after the date on which the application was received by the Office, the applicant shall not be approved for a partial abatement pursuant to this section unless the applicant submits a new application.

      8.  If a business whose partial abatement has been approved pursuant to this section and whose partial abatement is in effect ceases:

      (a) To meet the requirements set forth in subsection 2; or

      (b) Operation before the time specified in the agreement described in paragraph (a) of subsection 2,

Ê the business shall repay to the Department or, if the partial abatement was from personal property taxes, to the appropriate county treasurer, the amount of the partial abatement that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section.

 


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requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the partial abatement required to be repaid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      [8.]9.  The Office of Economic Development may adopt such regulations as the Office determines to be necessary to carry out the provisions of this section.

      [9.]10.  The Nevada Tax Commission may adopt such regulations as the Commission determines are necessary to carry out the provisions of this section.

      [10.]11.  An applicant for a partial abatement who is aggrieved by a final decision of the Office of Economic Development may petition a court of competent jurisdiction to review the decision in the manner provided in chapter 233B of NRS.

      [11.  If the Office of Economic Development approves an application for a partial abatement of local sales and use taxes pursuant to this section, the Department shall issue to the business a document certifying the partial abatement which can be presented to retailers and customers of the business at the time of sale. The document must clearly state that the purchaser is only required to pay sales and use taxes imposed in this State at the rate of 2 percent.]

      12.  As used in this section:

      (a) “Aircraft” means any fixed-wing, rotary-wing or unmanned aerial vehicle.

      (b) “Component of an aircraft” means any:

             (1) Element that makes up the physical structure of an aircraft, or is affixed thereto;

             (2) Mechanical, electrical or other system of an aircraft, including, without limitation, any component thereof; and

             (3) Raw material or processed material, part, machinery, tool, chemical, gas or equipment used to operate, manufacture, service, maintain, test, repair, overhaul or assemble an aircraft or component of an aircraft.

      (c) “Full-time employee” means a person who is in a permanent position of employment and works an average of 30 hours per week during the applicable period set forth in subparagraph (3) of paragraph (a) of subsection 2.

      (d) “Local sales and use taxes” means any taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in any political subdivision of this State, except the taxes imposed by the Sales and Use Tax Act.

      (e) “Personal property taxes” means any taxes levied on personal property by the State or a local government pursuant to chapter 361 of NRS.

      Sec. 4. NRS 360.754 is hereby amended to read as follows:

      360.754  1.  A person who intends to locate or expand a data center in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of one or more of the taxes imposed on the new or expanded data center pursuant to chapter 361 or 374 of NRS.

 


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      2.  The Office of Economic Development shall approve an application for a partial abatement pursuant to this section if the Office makes the following determinations:

      (a) The application is consistent with the State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053 and any guidelines adopted by the Executive Director of the Office to implement the State Plan for Economic Development.

      (b) [The] Not later than 1 year after the date on which the application was received by the Office, the applicant has executed an agreement with the Office of Economic Development which must:

             (1) Comply with the requirements of NRS 360.755;

             (2) State the date on which the abatement becomes effective, as agreed to by the applicant and the Office of Economic Development, which must not be earlier than the date on which the Office received the application [;] and not later than 1 year after the date on which the Office approves the application;

             (3) State that the data center will, after the date on which the abatement becomes effective, continue in operation in this State for a period specified by the Office of Economic Development, which must be at least 10 years, and will continue to meet the eligibility requirements set forth in this subsection; and

             (4) Bind the successors in interest of the applicant for the specified period.

      (c) The applicant is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by each county, city or town in which the data center operates.

      (d) If the applicant is seeking a partial abatement for a period of not more than 10 years, the applicant meets the following requirements:

             (1) The data center will, by not later than the date that is 5 years after the date on which the abatement becomes effective, have or have added 10 or more full-time employees who are residents of Nevada and who will be employed at the data center and will continue to employ 10 or more full-time employees who are residents of Nevada at the data center until at least the date which is 10 years after the date on which the abatement becomes effective.

             (2) Establishing or expanding the data center will require the data center or any combination of the data center and one or more colocated businesses to make in each county in this State in which the data center is located, by not later than the date which is 5 years after the date on which the abatement becomes effective, a cumulative capital investment of at least $25,000,000 in capital assets that will be used or located at the data center.

             (3) The average hourly wage that will be paid by the data center to its employees in this State is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                   (I) The data center will, by not later than the date which is 2 years after the date on which the abatement becomes effective, provide a health insurance plan for all employees employed at the data center that includes an option for health insurance coverage for dependents of the employees; and

 


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                   (II) The health care benefits provided to employees employed at the data center will meet the minimum requirements for health care benefits established by the Office of Economic Development by regulation pursuant to subsection [12.] 13.

             (4) At least 50 percent of the employees engaged in the construction of the data center are residents of Nevada, unless waived by the Executive Director of the Office of Economic Development upon proof satisfactory to the Executive Director of the Office of Economic Development that there is an insufficient number of residents of Nevada available and qualified for such employment.

      (e) If the applicant is seeking a partial abatement for a period of 10 years or more but not more than 20 years, the applicant meets the following requirements:

             (1) The data center will, by not later than the date that is 5 years after the date on which the abatement becomes effective, have or have added 50 or more full-time employees who are residents of Nevada and who will be employed at the data center and will continue to employ 50 or more full-time employees who are residents of Nevada at the data center until at least the date which is 20 years after the date on which the abatement becomes effective.

             (2) Establishing or expanding the data center will require the data center or any combination of the data center and one or more colocated businesses to make in each county in this State in which the data center is located, by not later than the date which is 5 years after the date on which the abatement becomes effective, a cumulative capital investment of at least $100,000,000 in capital assets that will be used or located at the data center.

             (3) The average hourly wage that will be paid by the data center to its employees in this State is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                   (I) The data center will, by not later than the date which is 2 years after the date on which the abatement becomes effective, provide a health insurance plan for all employees employed at the data center that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The health care benefits provided to employees employed at the data center will meet the minimum requirements for health care benefits established by the Office of Economic Development by regulation pursuant to subsection [12.] 13.

             (4) At least 50 percent of the employees engaged in the construction of the data center are residents of Nevada, unless waived by the Executive Director of the Office of Economic Development upon proof satisfactory to the Executive Director of the Office of Economic Development that there is an insufficient number of residents of Nevada available and qualified for such employment.

      (f) The applicant has provided in the application an estimate of the total number of new employees which the data center anticipates hiring in this State if the Office of Economic Development approves the application.

      (g) If the applicant is seeking a partial abatement of the taxes imposed by the Local School Support Tax Law, the application has been approved by a vote of at least two-thirds of the members of the Board of Economic Development created by NRS 231.033.

 


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      3.  Notwithstanding the provisions of subsection 2, the Office of Economic Development:

      (a) Shall not consider an application for a partial abatement pursuant to this section unless the Office of Economic Development has requested a letter of acknowledgment of the request for the abatement from each affected county, school district, city or town.

      (b) Shall consider the level of health care benefits provided to employees employed at the data center, the projected economic impact of the data center and the projected tax revenue of the data center after deducting projected revenue from the abated taxes.

      (c) May, if the Office of Economic Development determines that such action is necessary:

             (1) Approve an application for a partial abatement pursuant to this section by a data center that does not meet the requirements set forth in paragraph (d) or (e) of subsection 2;

             (2) Make the requirements set forth in paragraphs (d) and (e) of subsection 2 more stringent; or

             (3) Add additional requirements that an applicant must meet to qualify for a partial abatement pursuant to this section.

      4.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of each county in which the data center is or will be located.

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office may also approve a partial abatement of taxes for each colocated business that enters into a contract to use or occupy, for a period of at least 2 years, all or a portion of the new or expanded data center. Each such colocated business shall obtain a state business license issued by the Secretary of State. The percentage amount of a partial abatement approved for a colocated business pursuant to this subsection must not exceed the percentage amount of the partial abatement approved for the data center. The duration of a partial abatement approved for a colocated business pursuant to this subsection must not exceed the duration of the contract or contracts entered into between the colocated business and the data center, including the duration of any contract or contracts extended or renewed by the parties. If a colocated business ceases to meet the requirements set forth in this subsection, the colocated business shall repay the amount of the abatement that was allowed in the same manner in which a data center is required by subsection [7] 8 to repay the Department or a county treasurer. If a data center ceases to meet the requirements of subsection 2 or ceases operation before the time specified in the agreement described in paragraph (b) of subsection 2, any partial abatement approved for a colocated business ceases to be in effect, but the colocated business is not required to repay the amount of the abatement that was allowed before the date on which the abatement ceases to be in effect. A data center shall provide the Executive Director of the Office and the Department with a list of the colocated businesses that are qualified to receive a partial abatement pursuant to this subsection and shall notify the Executive Director within 30 days after any change to the list.

 


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Executive Director within 30 days after any change to the list. The Executive Director shall provide the list and any updates to the list to the Department and the county treasurer of each affected county.

      6.  An applicant for a partial abatement pursuant to this section or a data center whose partial abatement is in effect shall, upon the request of the Executive Director of the Office of Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

      7.  If an applicant for a partial abatement pursuant to this section fails to enter into the agreement described in paragraph (b) of subsection 2 within 1 year after the date on which the application was received by the Office, the applicant shall not be approved for a partial abatement pursuant to this section unless the applicant submits a new application.

      8.  If a data center whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the requirements set forth in subsection 2; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 2,

Ê the data center shall repay to the Department or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the partial abatement that was allowed pursuant to this section before the failure of the data center to comply unless the Nevada Tax Commission determines that the data center has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the data center shall, in addition to the amount of the partial abatement required to be repaid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      [8.]9.  A county treasurer:

      (a) Shall deposit any money that he or she receives pursuant to subsection 5 or [7] 8 in one or more of the funds established by a local government of the county pursuant to NRS 354.6113 or 354.6115; and

      (b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115.

      [9.]10.  An applicant for a partial abatement pursuant to this section who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      [10.]11.  For an employee to be considered a resident of Nevada for the purposes of this section, a data center must maintain the following documents in the personnel file of the employee:

      (a) A copy of the current and valid Nevada driver’s license of the employee or a current and valid identification card for the employee issued by the Department of Motor Vehicles;

      (b) If the employee is a registered owner of one or more motor vehicles in Nevada, a copy of the current motor vehicle registration of at least one of those vehicles;

      (c) Proof that the employee is a full-time employee; and

 


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      (d) Proof that the employee is covered by the health insurance plan which the data center is required to provide pursuant to sub-subparagraph (I) of subparagraph (3) of paragraph (d) of subsection 2 or sub-subparagraph (I) of subparagraph (3) of paragraph (e) of subsection 2.

      [11.]12.  For the purpose of obtaining from the Executive Director of the Office of Economic Development any waiver of the requirements set forth in subparagraph (4) of paragraph (d) of subsection 2 or subparagraph (4) of paragraph (e) of subsection 2, a data center must submit to the Executive Director of the Office of Economic Development written documentation of the efforts to meet the requirements and documented proof that an insufficient number of Nevada residents is available and qualified for employment.

      [12.]13.  The Office of Economic Development:

      (a) Shall adopt regulations relating to the minimum level of health care benefits that a data center must provide to its employees to meet the requirement set forth in paragraph (d) or (e) of subsection 2;

      (b) May adopt such other regulations as the Office determines to be necessary to carry out the provisions of this section; and

      (c) Shall not approve any application for a partial abatement submitted pursuant to this section which is received on or after January 1, 2036.

      [13.] 14.  The Nevada Tax Commission:

      (a) Shall adopt regulations regarding:

             (1) The capital investment necessary to meet the requirement set forth in paragraph (d) or (e) of subsection 2; and

             (2) Any security that a data center is required to post to qualify for a partial abatement pursuant to this section.

      (b) May adopt such other regulations as the Nevada Tax Commission determines to be necessary to carry out the provisions of this section.

      [14.] 15.  As used in this section, unless the context otherwise requires:

      (a) “Colocated business” means a person who enters into a contract with a data center that is qualified to receive an abatement pursuant to this section to use or occupy all or part of the data center.

      (b) “Data center” means one or more buildings located at one or more physical locations in this State which house a group of networked server computers for the purpose of centralizing the storage, management and dissemination of data and information pertaining to one or more businesses and includes any modular or preassembled components, associated telecommunications and storage systems and, if the data center includes more than one building or physical location, any network or connection between such buildings or physical locations.

      (c) “Full-time employee” means a person who is in a permanent position of employment and works an average of 30 hours per week during the applicable period set forth in paragraph (d) or (e) of subsection 2.

      Sec. 5. NRS 360.889 is hereby amended to read as follows:

      360.889  1.  On behalf of a project, the lead participant in the project may apply to the Office of Economic Development for:

      (a) A certificate of eligibility for transferable tax credits which may be applied to:

             (1) Any tax imposed by chapters 363A and 363B of NRS;

             (2) The gaming license fees imposed by the provisions of NRS 463.370;

             (3) Any tax imposed by chapter 680B of NRS; or

 


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             (4) Any combination of the fees and taxes described in subparagraphs (1), (2) and (3).

      (b) A partial abatement of property taxes, employer excise taxes or local sales and use taxes, or any combination of any of those taxes.

      2.  For a project to be eligible for the transferable tax credits described in paragraph (a) of subsection 1 and the partial abatement of the taxes described in paragraph (b) of subsection 1, the lead participant in the project must, on behalf of the project:

      (a) Submit an application that meets the requirements of subsection 5;

      (b) Provide documentation satisfactory to the Office that approval of the application would promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director of the Office pursuant to subsection 2 of NRS 231.053;

      (c) Provide documentation satisfactory to the Office that the participants in the project collectively will make a total new capital investment of at least $1 billion in this State within the 10-year period immediately following approval of the application;

      (d) Provide documentation satisfactory to the Office that the participants in the project are engaged in a common business purpose or industry;

      (e) Provide documentation satisfactory to the Office that the place of business of each participant is or will be located within the geographic boundaries of the project site or sites;

      (f) Provide documentation satisfactory to the Office that each participant in the project is registered pursuant to the laws of this State or commits to obtaining a valid business license and all other permits required by the county, city or town in which the project operates;

      (g) Provide documentation satisfactory to the Office of the number of employees engaged in the construction of the project;

      (h) Provide documentation satisfactory to the Office of the number of qualified employees employed or anticipated to be employed at the project by the participants;

      (i) Provide documentation satisfactory to the Office that each employer engaged in the construction of the project provides a plan of health insurance and that each employee engaged in the construction of the project is offered coverage under the plan of health insurance provided by his or her employer;

      (j) Provide documentation satisfactory to the Office that each participant in the project provides a plan of health insurance and that each employee employed at the project by each participant is offered coverage under the plan of health insurance provided by his or her employer;

      (k) Provide documentation satisfactory to the Office that at least 50 percent of the employees engaged in construction of the project and 50 percent of the employees employed at the project are residents of Nevada, unless waived by the Executive Director of the Office upon proof satisfactory to the Executive Director of the Office that there is an insufficient number of Nevada residents available and qualified for such employment;

      (l) Agree to provide the Office with a full compliance audit of the participants in the project at the end of each fiscal year which:

             (1) Shows the amount of money invested in this State by each participant in the project;

 


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ê2021 Statutes of Nevada, Page 2305 (CHAPTER 383, AB 66)ê

 

             (2) Shows the number of employees engaged in the construction of the project and the number of those employees who are residents of Nevada;

             (3) Shows the number of employees employed at the project by each participant and the number of those employees who are residents of Nevada; and

             (4) Is certified by an independent certified public accountant in this State who is approved by the Office;

      (m) Pay the cost of the audit required by paragraph (l);

      (n) Enter into an agreement with the governing body of the city or county in which the qualified project is located that:

             (1) Requires the lead participant to pay the cost of any engineering or design work necessary to determine the cost of infrastructure improvements required to be made by the governing body pursuant to an economic development financing proposal approved pursuant to NRS 360.990; and

             (2) Requires the lead participant to seek reimbursement for any costs paid by the lead participant pursuant to subparagraph (1) from the proceeds of bonds issued pursuant to NRS 360.991; and

      (o) Meet any other requirements prescribed by the Office.

      3.  In addition to meeting the requirements set forth in subsection 2, for a project located on more than one site in this State to be eligible for the partial abatement of the taxes described in paragraph (b) of subsection 1, the lead participant must, on behalf of the project, submit an application that meets the requirements of subsection 5 on or before June 30, 2019, and provide documentation satisfactory to the Office that:

      (a) The initial project will have a total of 500 or more full-time employees employed at the site of the initial project and the average hourly wage that will be paid to employees of the initial project in this State is at least 120 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year;

      (b) Each participant in the project must be a subsidiary or affiliate of the lead participant; and

      (c) Each participant offers primary jobs and:

             (1) Except as otherwise provided in subparagraph (2), satisfies the requirements of paragraph (f) or (g) of subsection 2 of NRS 360.750, regardless of whether the business is a new business or an existing business; and

             (2) If a participant owns, operates, manufactures, services, maintains, tests, repairs, overhauls or assembles an aircraft or any component of an aircraft, that the participant satisfies the applicable requirements of paragraph (f) or (g) of subsection 2 of NRS 360.753.

Ê If any participant is a data center, as defined in NRS 360.754, any capital investment by that participant must not be counted in determining whether the participants in the project collectively will make a total new capital investment of at least $1 billion in this State within the 10-year period immediately following approval of the application, as required by paragraph (c) of subsection 2.

      4.  In addition to meeting the requirements set forth in subsection 2, a project is eligible for the transferable tax credits described in paragraph (a) of subsection 1 only if the Interim Finance Committee approves a written request for the issuance of the transferable tax credits. Such a request may only be submitted by the Office and only after the Office has approved the application submitted for the project pursuant to subsection 2.

 


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ê2021 Statutes of Nevada, Page 2306 (CHAPTER 383, AB 66)ê

 

application submitted for the project pursuant to subsection 2. The Interim Finance Committee may approve a request submitted pursuant to this subsection only if the Interim Finance Committee determines that approval of the request:

      (a) Will not impede the ability of the Legislature to carry out its duty to provide for an annual tax sufficient to defray the estimated expenses of the State for each fiscal year as set forth in Article 9, Section 2 of the Nevada Constitution; and

      (b) Will promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director of the Office pursuant to subsection 2 of NRS 231.053.

      5.  An application submitted pursuant to subsection 2 must include:

      (a) A detailed description of the project, including a description of the common purpose or business endeavor in which the participants in the project are engaged;

      (b) A detailed description of the location of the project, including a precise description of the geographic boundaries of the project site or sites;

      (c) The name and business address of each participant in the project, which must be an address in this State;

      (d) A detailed description of the plan by which the participants in the project intend to comply with the requirement that the participants collectively make a total new capital investment of at least $1 billion in this State in the 10-year period immediately following approval of the application;

      (e) If the application includes one or more partial abatements, an agreement executed by the Office with the lead participant in the project not later than 1 year after the date on which the application was received by the Office which:

             (1) Complies with the requirements of NRS 360.755;

             (2) States the date on which the partial abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application [;] and not later than 1 year after the date on which the Office approves the application;

             (3) States that the project will, after the date on which a certificate of eligibility for the partial abatement is approved pursuant to NRS 360.893, continue in operation in this State for a period specified by the Office; and

             (4) Binds successors in interest of the lead participant for the specified period; and

      (f) Any other information required by the Office.

      6.  For an employee to be considered a resident of Nevada for the purposes of this section, each participant in the project must maintain the following documents in the personnel file of the employee:

      (a) A copy of the:

             (1) Current and valid Nevada driver’s license of the employee originally issued by the Department of Motor Vehicles more than 60 days before the hiring of the employee or a current and valid identification card for the employee originally issued by the Department of Motor Vehicles more than 60 days before the hiring of the employee; or

 


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ê2021 Statutes of Nevada, Page 2307 (CHAPTER 383, AB 66)ê

 

             (2) If the employee is a veteran of the Armed Forces of the United States, a current and valid Nevada driver’s license of the employee or a current and valid identification card for the employee issued by the Department of Motor Vehicles;

      (b) If the employee is a registered owner of one or more motor vehicles in Nevada, a copy of the current motor vehicle registration of at least one of those vehicles;

      (c) Proof that the employee is employed full-time and scheduled to work for an average minimum of 30 hours per week; and

      (d) Proof that the employee is offered coverage under a plan of health insurance provided by his or her employer.

      7.  For the purpose of obtaining from the Executive Director of the Office any waiver of the requirement set forth in paragraph (k) of subsection 2, the lead participant in the project must submit to the Executive Director of the Office written documentation of the efforts to meet the requirement and documented proof that an insufficient number of Nevada residents is available and qualified for employment.

      8.  The Executive Director of the Office shall make available to the public and post on the Internet website of the Office:

      (a) Any request for a waiver of the requirements set forth in paragraph (k) of subsection 2; and

      (b) Any approval of such a request for a waiver that is granted by the Executive Director of the Office.

      9.  The Executive Director of the Office shall post a request for a waiver of the requirements set forth in paragraph (k) of subsection 2 on the Internet website of the Office within 3 days after receiving the request and shall keep the request posted on the Internet website for not less than 5 days. The Executive Director of the Office shall ensure that the Internet website allows members of the public to post comments regarding the request.

      10.  The Executive Director of the Office shall consider any comments posted on the Internet website concerning any request for a waiver of the requirements set forth in paragraph (k) of subsection 2 before making a decision regarding whether to approve the request. If the Executive Director of the Office approves the request for a waiver, the Executive Director of the Office must post the approval on the Internet website of the Office within 3 days and ensure that the Internet website allows members of the public to post comments regarding the approval.

      11.  If an applicant for one or more partial abatements pursuant to this section fails to enter into the agreement described in paragraph (e) of subsection 5 within 1 year after the date on which the application was received by the Office, the applicant shall not be approved for a partial abatement pursuant to this section unless the applicant submits a new application.

      Sec. 6. NRS 360.945 is hereby amended to read as follows:

      360.945  1.  On behalf of a project, the lead participant in the project may apply to the Office of Economic Development for:

      (a) A certificate of eligibility for transferable tax credits which may be applied to:

             (1) Any tax imposed by chapters 363A and 363B of NRS;

             (2) The gaming license fees imposed by the provisions of NRS 463.370;

             (3) Any tax imposed by chapter 680B of NRS; or

 


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ê2021 Statutes of Nevada, Page 2308 (CHAPTER 383, AB 66)ê

 

             (4) Any combination of the fees and taxes described in subparagraphs (1), (2) and (3).

      (b) An abatement of property taxes, employer excise taxes or local sales and use taxes, or any combination of any of those taxes.

      2.  For a project to be eligible for the transferable tax credits described in paragraph (a) of subsection 1 and abatement of the taxes described in paragraph (b) of subsection 1, the lead participant in the project must, on behalf of the project:

      (a) Submit an application that meets the requirements of subsection 3;

      (b) Provide documentation satisfactory to the Office that approval of the application would promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director of the Office pursuant to subsection 2 of NRS 231.053;

      (c) Provide documentation satisfactory to the Office that the participants in the project collectively will make a total new capital investment of at least $3.5 billion in this State within the 10-year period immediately following approval of the application;

      (d) Provide documentation satisfactory to the Office that the participants in the project are engaged in a common business purpose or industry;

      (e) Provide documentation satisfactory to the Office that the place of business of each participant is or will be located within the geographic boundaries of the project site;

      (f) Provide documentation satisfactory to the Office that each participant in the project is registered pursuant to the laws of this State or commits to obtaining a valid business license and all other permits required by the county, city or town in which the project operates;

      (g) Provide documentation satisfactory to the Office of the number of employees engaged in the construction of the project;

      (h) Provide documentation satisfactory to the Office of the number of qualified employees employed or anticipated to be employed at the project by the participants;

      (i) Provide documentation satisfactory to the Office that each employer engaged in the construction of the project provides a plan of health insurance and that each employee engaged in the construction of the project is offered coverage under the plan of health insurance provided by his or her employer;

      (j) Provide documentation satisfactory to the Office that each participant in the project provides a plan of health insurance and that each employee employed at the project by each participant is offered coverage under the plan of health insurance provided by his or her employer;

      (k) Provide documentation satisfactory to the Office that at least 50 percent of the employees engaged in construction of the project and 50 percent of the employees employed at the project are residents of Nevada, unless waived by the Executive Director of the Office upon proof satisfactory to the Executive Director of the Office that there is an insufficient number of Nevada residents available and qualified for such employment;

      (l) Agree to provide the Office with a full compliance audit of the participants in the project at the end of each fiscal year which:

             (1) Shows the amount of money invested in this State by each participant in the project;

 


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ê2021 Statutes of Nevada, Page 2309 (CHAPTER 383, AB 66)ê

 

             (2) Shows the number of employees engaged in the construction of the project and the number of those employees who are residents of Nevada;

             (3) Shows the number of employees employed at the project by each participant and the number of those employees who are residents of Nevada; and

             (4) Is certified by an independent certified public accountant in this State who is approved by the Office;

      (m) Pay the cost of the audit required by paragraph (l);

      (n) Enter into an agreement with the governing body of the city or county in which the qualified project is located that:

             (1) Requires the lead participant to pay the cost of any engineering or design work necessary to determine the cost of infrastructure improvements required to be made by the governing body pursuant to an economic development financing proposal approved pursuant to NRS 360.990; and

             (2) Requires the lead participant to seek reimbursement for any costs paid by the lead participant pursuant to subparagraph (1) from the proceeds of bonds of the State of Nevada issued pursuant to NRS 360.991; and

      (o) Meet any other requirements prescribed by the Office.

      3.  An application submitted pursuant to subsection 2 must include:

      (a) A detailed description of the project, including a description of the common purpose or business endeavor in which the participants in the project are engaged;

      (b) A detailed description of the location of the project, including a precise description of the geographic boundaries of the project site;

      (c) The name and business address of each participant in the project, which must be an address in this State;

      (d) A detailed description of the plan by which the participants in the project intend to comply with the requirement that the participants collectively make a total new capital investment of at least $3.5 billion in this State in the 10-year period immediately following approval of the application;

      (e) If the application includes one or more abatements, an agreement executed by the Office with the lead participant in the project not later than 1 year after the date on which the application was received by the Office which:

             (1) Complies with the requirements of NRS 360.755;

             (2) States that the project will, after the date on which a certificate of eligibility for the abatement is approved pursuant to NRS 360.965, continue in operation in this State for a period specified by the Office; and

             (3) Binds successors in interest of the lead participant for the specified period; and

      (f) Any other information required by the Office.

      4.  For an employee to be considered a resident of Nevada for the purposes of this section, each participant in the project must maintain the following documents in the personnel file of the employee:

      (a) A copy of the current and valid Nevada driver’s license of the employee or a current and valid identification card for the employee issued by the Department of Motor Vehicles;

      (b) If the employee is a registered owner of one or more motor vehicles in Nevada, a copy of the current motor vehicle registration of at least one of those vehicles;

 


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ê2021 Statutes of Nevada, Page 2310 (CHAPTER 383, AB 66)ê

 

      (c) Proof that the employee is employed full-time and scheduled to work for an average minimum of 30 hours per week; and

      (d) Proof that the employee is offered coverage under a plan of health insurance provided by his or her employer.

      5.  For the purpose of obtaining from the Executive Director of the Office any waiver of the requirement set forth in paragraph (k) of subsection 2, the lead participant in the project must submit to the Executive Director of the Office written documentation of the efforts to meet the requirement and documented proof that an insufficient number of Nevada residents is available and qualified for employment.

      6.  The Executive Director of the Office shall make available to the public and post on the Internet website for the Office:

      (a) Any request for a waiver of the requirements set forth in paragraph (k) of subsection 2; and

      (b) Any approval of such a request for a waiver that is granted by the Executive Director of the Office.

      7.  The Executive Director of the Office shall post a request for a waiver of the requirements set forth in paragraph (k) of subsection 2 on the Internet website of the Office within 3 days after receiving the request and shall keep the request posted on the Internet website for not less than 5 days. The Executive Director of the Office shall ensure that the Internet website allows members of the public to post comments regarding the request.

      8.  The Executive Director of the Office shall consider any comments posted on the Internet website concerning any request for a waiver of the requirements set forth in paragraph (k) of subsection 2 before making a decision regarding whether to approve the request. If the Executive Director of the Office approves the request for a waiver, the Executive Director of the Office must post the approval on the Internet website of the Office within 3 days and ensure that the Internet website allows members of the public to post comments regarding the approval.

      9.  If an applicant for one or more abatements pursuant to this section fails to enter into the agreement described in paragraph (e) of subsection 3 within 1 year after the date on which the application was received by the Office, the applicant shall not be approved for an abatement pursuant to this section unless the applicant submits a new application.

      Secs. 7 and 8. (Deleted by amendment.)

      Sec. 9. NRS 274.310 is hereby amended to read as follows:

      274.310  1.  A person who intends to locate a business in this State within:

      (a) A historically underutilized business zone, as defined in 15 U.S.C. § 632;

      (b) A redevelopment area created pursuant to chapter 279 of NRS;

      (c) An area eligible for a community development block grant pursuant to 24 C.F.R. Part 570; or

      (d) An enterprise community established pursuant to 24 C.F.R. Part 597,

Ê may submit a request to the governing body of the county, city or town in which the business would operate for an endorsement of an application by the person to the Office of Economic Development for a partial abatement of one or more of the taxes imposed pursuant to chapter 361 of NRS or the local sales and use taxes. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business would operate. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application.

 


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ê2021 Statutes of Nevada, Page 2311 (CHAPTER 383, AB 66)ê

 

and location of the hearing at which the governing body will consider whether to endorse the application. As used in this subsection, “local sales and use taxes” means the taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the political subdivision in which the business is located, except the taxes imposed by the Sales and Use Tax Act and the Local School Support Tax Law.

      2.  The governing body of a county, city or town shall develop procedures for:

      (a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.

      (b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.

      3.  A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the Office of Economic Development. The Office shall approve the application if the Office makes the following determinations:

      (a) The business is consistent with:

             (1) The State Plan for Economic Development developed by the Administrator pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Administrator to implement the State Plan for Economic Development.

      (b) [The] Not later than 1 year after the date on which the application was received by the Office, the applicant has executed an agreement with the Office which states:

             (1) The date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application [;] and not later than 1 year after the date on which the Office approves the application; and

             (2) That the business will, after the date on which the abatement becomes effective:

                   (I) Commence operation and continue in operation in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 for a period specified by the Office, which must be at least 5 years; and

                   (II) Continue to meet the eligibility requirements set forth in this subsection.

Ê The agreement must bind successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business will operate.

      (d) The applicant invested or commits to invest a minimum of $500,000 in capital assets that will be retained at the location of the business in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 until at least the date which is 5 years after the date on which the abatement becomes effective.

 


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ê2021 Statutes of Nevada, Page 2312 (CHAPTER 383, AB 66)ê

 

a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 until at least the date which is 5 years after the date on which the abatement becomes effective.

      4.  If the Office of Economic Development approves an application for a partial abatement, the Office shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department of Taxation;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of the county in which the business will be located.

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section:

      (a) The partial abatement must be for a duration of not less than 1 year but not more than 5 years.

      (b) If the abatement is from the property tax imposed pursuant to chapter 361 of NRS, the partial abatement must not exceed 75 percent of the taxes on personal property payable by a business each year pursuant to that chapter.

      6.  If an applicant for a partial abatement pursuant to this section fails to enter into the agreement described in paragraph (b) of subsection 3 within 1 year after the date on which the application was received by the Office, the applicant shall not be approved for a partial abatement pursuant to this section unless the applicant submits a new request pursuant to subsection 1.

      7.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the eligibility requirements for the partial abatement; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 3,

Ê the business shall repay to the Department of Taxation or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the partial abatement that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the partial abatement required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      [7.]8.  The Office of Economic Development may adopt such regulations as the Office determines to be necessary or advisable to carry out the provisions of this section.

      [8.] 9.  An applicant for an abatement who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

 


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ê2021 Statutes of Nevada, Page 2313 (CHAPTER 383, AB 66)ê

 

      Sec. 10. NRS 274.320 is hereby amended to read as follows:

      274.320  1.  A person who intends to expand a business in this State within:

      (a) A historically underutilized business zone, as defined in 15 U.S.C. § 632;

      (b) A redevelopment area created pursuant to chapter 279 of NRS;

      (c) An area eligible for a community development block grant pursuant to 24 C.F.R. Part 570; or

      (d) An enterprise community established pursuant to 24 C.F.R. Part 597,

Ê may submit a request to the governing body of the county, city or town in which the business operates for an endorsement of an application by the person to the Office of Economic Development for a partial abatement of the local sales and use taxes imposed on capital equipment. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business operates. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application. As used in this subsection, “local sales and use taxes” means the taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the political subdivision in which the business is located, except the taxes imposed by the Sales and Use Tax Act and the Local School Support Tax Law.

      2.  The governing body of a county, city or town shall develop procedures for:

      (a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.

      (b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.

      3.  A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the Office of Economic Development. The Office shall approve the application if the Office makes the following determinations:

      (a) The business is consistent with:

             (1) The State Plan for Economic Development developed by the Administrator pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Administrator to implement the State Plan for Economic Development.

      (b) [The] Not later than 1 year after the date on which the application was received by the Office, the applicant has executed an agreement with the Office which states:

             (1) The date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application [;] and not later than 1 year after the date on which the Office approves the application; and

             (2) That the business will, after the date on which the abatement becomes effective:

                   (I) Continue in operation in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 for a period specified by the Office, which must be at least 5 years; and

 


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ê2021 Statutes of Nevada, Page 2314 (CHAPTER 383, AB 66)ê

 

chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 for a period specified by the Office, which must be at least 5 years; and

                   (II) Continue to meet the eligibility requirements set forth in this subsection.

Ê The agreement must bind successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

      (d) The applicant invested or commits to invest a minimum of $250,000 in capital equipment that will be retained at the location of the business in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 until at least the date which is 5 years after the date on which the abatement becomes effective.

      4.  If the Office of Economic Development approves an application for a partial abatement, the Office shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department of Taxation; and

      (b) The Nevada Tax Commission.

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section:

      (a) The partial abatement must be for a duration of not less than 1 year but not more than 5 years.

      (b) If the abatement is from the property tax imposed pursuant to chapter 361 of NRS, the partial abatement must not exceed 75 percent of the taxes on personal property payable by a business each year pursuant to that chapter.

      6.  If an applicant for a partial abatement pursuant to this section fails to enter into the agreement described in paragraph (b) of subsection 3 within 1 year after the date on which the application was received by the Office, the applicant shall not be approved for a partial abatement pursuant to this section unless the applicant submits a new request pursuant to subsection 1.

      7.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the eligibility requirements for the partial abatement; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 3,

Ê the business shall repay to the Department of Taxation the amount of the partial abatement that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the partial abatement required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month,

 


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most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      [7.]8.  The Office of Economic Development may adopt such regulations as the Office determines to be necessary or advisable to carry out the provisions of this section.

      [8.] 9.  An applicant for an abatement who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      Sec. 11. NRS 274.330 is hereby amended to read as follows:

      274.330  1.  A person who owns a business which is located within an enterprise community established pursuant to 24 C.F.R. Part 597 in this State may submit a request to the governing body of the county, city or town in which the business is located for an endorsement of an application by the person to the Office of Economic Development for a partial abatement of one or more of the taxes imposed pursuant to chapter 361 of NRS or the local sales and use taxes. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business operates. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application. As used in this subsection, “local sales and use taxes” means the taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the political subdivision in which the business is located, except the taxes imposed by the Sales and Use Tax Act and the Local School Support Tax Law.

      2.  The governing body of a county, city or town shall develop procedures for:

      (a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.

      (b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.

      3.  A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the Office of Economic Development. The Office shall approve the application if the Office makes the following determinations:

      (a) The business is consistent with:

             (1) The State Plan for Economic Development developed by the Administrator pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Administrator to implement the State Plan for Economic Development.

      (b) [The] Not later than 1 year after the date on which the application was received by the Office, the applicant has executed an agreement with the Office which states:

             (1) The date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application [;] and not later than 1 year after the date on which the Office approves the application; and

 


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which the Office received the application [;] and not later than 1 year after the date on which the Office approves the application; and

             (2) That the business will, after the date on which the abatement becomes effective:

                   (I) Continue in operation in the enterprise community for a period specified by the Office, which must be at least 5 years; and

                   (II) Continue to meet the eligibility requirements set forth in this subsection.

Ê The agreement must bind successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

      (d) The business:

             (1) Employs one or more dislocated workers who reside in the enterprise community; and

             (2) Pays such employees a wage of not less than 100 percent of the federally designated level signifying poverty for a family of four persons and provides medical benefits to the employees and their dependents which meet the minimum requirements for medical benefits established by the Office.

      4.  If the Office of Economic Development approves an application for a partial abatement, the Office shall:

      (a) Determine the percentage of employees of the business which meet the requirements of paragraph (d) of subsection 3 and grant a partial abatement equal to that percentage; and

      (b) Immediately forward a certificate of eligibility for the abatement to:

             (1) The Department of Taxation;

             (2) The Nevada Tax Commission; and

             (3) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of the county in which the business is located.

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section:

      (a) The partial abatement must be for a duration of not less than 1 year but not more than 5 years.

      (b) If the abatement is from the property tax imposed pursuant to chapter 361 of NRS, the partial abatement must not exceed 75 percent of the taxes on personal property payable by a business each year pursuant to that chapter.

      6.  If an applicant for a partial abatement pursuant to this section fails to enter into the agreement described in paragraph (b) of subsection 3 within 1 year after the date on which the application was received by the Office, the applicant shall not be approved for a partial abatement pursuant to this section unless the applicant submits a new request pursuant to subsection 1.

      7.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the eligibility requirements for the partial abatement; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 3,

Ê the business shall repay to the Department of Taxation or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the partial abatement that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section.

 


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NRS, to the county treasurer, the amount of the partial abatement that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the partial abatement required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      [7.]8.  The Office of Economic Development:

      (a) Shall adopt regulations relating to the minimum level of benefits that a business must provide to its employees to qualify for an abatement pursuant to this section.

      (b) May adopt such other regulations as the Office determines to be necessary or advisable to carry out the provisions of this section.

      [8.] 9.  An applicant for an abatement who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      [9.] 10.  As used in this section, “dislocated worker” means a person who:

      (a) Has been terminated, laid off or received notice of termination or layoff from employment;

      (b) Is eligible for or receiving or has exhausted his or her entitlement to unemployment compensation;

      (c) Has been dependent on the income of another family member but is no longer supported by that income;

      (d) Has been self-employed but is no longer receiving an income from self-employment because of general economic conditions in the community or natural disaster; or

      (e) Is currently unemployed and unable to return to a previous industry or occupation.

      Sec. 12.  The amendatory provisions of this act apply only to an application for an abatement from taxation for which a person applies on or after July 1, 2021.

      Sec. 13.  This act becomes effective on July 1, 2021.

________

 


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ê2021 Statutes of Nevada, Page 2318ê

 

CHAPTER 384, AB 67

Assembly Bill No. 67–Committee on Education

 

CHAPTER 384

 

[Approved: June 4, 2021]

 

AN ACT relating to education; revising provisions relating to the suspension or expulsion of a pupil from a public school, charter school or university school for profoundly gifted pupils in certain circumstances; providing that certain hearings and proceedings relating to suspending or expelling a pupil are not subject to the Open Meeting Law; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law: (1) authorizes a pupil to be suspended or expelled from a public school in certain circumstances; and (2) provides that a pupil who is not more than 10 years of age must not be permanently expelled from a public school, except in certain circumstances. (NRS 392.466, 392.467) Existing law requires a pupil to be expelled or permanently expelled if the pupil is found with a firearm or dangerous weapon at a public school, at a public school-sponsored activity or on a public school bus. (NRS 392.466, 392.467) Existing law imposes similar requirements on charter schools and university schools for profoundly gifted pupils. (NRS 388A.495, 388C.150)

      Sections 12 and 15 of this bill define “expel” and “suspend,” respectively, for the purposes of school discipline. Existing law authorizes a pupil who is enrolled in or participating in a program of special education to be suspended or permanently expelled in certain circumstances. (NRS 388A.495, 388C.150, 392.466, 392.467) Sections 6, 8, 19, 22, 23 and 24 instead authorize a pupil with a disability to be suspended, expelled or permanently expelled in certain circumstances, while section 14 of this bill defines “pupil with a disability.” Section 4 of this bill makes a conforming change to a reference to section 6. Section 17 of this bill makes a conforming change to a reference to section 23. Sections 1-3, 5, 7, 9, 23 and 24 of this bill make conforming changes relating to the terms defined in sections 12, 14 and 15. Section 15.5 of this bill requires the Department of Education to adopt regulations necessary to carry out certain provisions of the Nevada Revised Statutes related to pupil discipline. Section 26 of this bill makes a conforming change related to the regulatory authority of the Department.

      Existing law provides that a pupil may be deemed a habitual disciplinary problem if the pupil has received five suspensions in one school year and the pupil has not entered into and participated in a plan of behavior. (NRS 392.4655) Section 28 of this bill eliminates the requirement that a pupil be deemed suspended from school if: (1) the pupil is prohibited from attending school for 3 or more consecutive days; and (2) a conference or communication with the parent or guardian of the pupil is required before the pupil may return to school. (NRS 392.4657) Section 22 of this bill instead requires that only significant suspensions be considered to determine whether a pupil is deemed a habitual disciplinary problem. Section 22 defines a significant suspension as one in which: (1) the pupil is prohibited from attending school for 3 or more consecutive days; and (2) a conference or communication with the parent or guardian of the pupil is required before the pupil may return to school.

      Existing law, commonly known as the Open Meeting Law, generally requires that public bodies conduct deliberations and take actions in meetings that are open to the public. (Chapter 241 of NRS) Existing law provides that the provisions of the Open Meeting Law do not apply to a hearing conducted relating to the suspension or expulsion of a pupil. (NRS 392.467) Sections 6, 8, 23, 24 and 27 of this bill provide that the provisions of the Open Meeting Law do not apply to certain hearings or proceedings, including, without limitation, a hearing or proceeding conducted relating to the suspension, expulsion or permanent expulsion of a pupil who commits a battery, distributes a controlled substance or possesses a firearm or dangerous weapon on school premises.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 385A.250 is hereby amended to read as follows:

      385A.250  1.  The annual report of accountability prepared pursuant to NRS 385A.070 must include information on the discipline of pupils, including, without limitation:

      (a) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school sponsored by the district.

      (b) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school sponsored by the district.

      (c) Records of the suspension or expulsion, or both, of pupils required or authorized pursuant to NRS 392.466 and 392.467.

      (d) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

      (e) For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district:

             (1) The number of reported violations of NRS 388.135 occurring at a school or otherwise involving a pupil enrolled at a school, regardless of the outcome of the investigation conducted pursuant to NRS 388.1351;

             (2) The number of incidents determined to be bullying or cyber-bullying after an investigation is conducted pursuant to NRS 388.1351;

             (3) The number of incidents resulting in suspension or expulsion, or both, for bullying or cyber-bullying; and

             (4) Any actions taken to reduce the number of incidents of bullying or cyber-bullying including, without limitation, training that was offered or other policies, practices and programs that were implemented.

      (f) For each high school in the district, including, without limitation, each charter school sponsored by the district that operates as a high school, and for high schools in the district as a whole:

             (1) The number and percentage of pupils whose violations of the code of honor relating to cheating prescribed pursuant to NRS 392.461 or any other code of honor applicable to pupils enrolled in high school were reported to the principal of the high school, reported by the type of violation;

             (2) The consequences, if any, to the pupil whose violation is reported pursuant to subparagraph (1), reported by the type of consequence;

             (3) The number of any such violations of a code of honor in a previous school year by a pupil whose violation is reported pursuant to subparagraph (1), reported by the type of violation; and

             (4) The process used by the high school to address violations of a code of honor which are reported to the principal.

      2.  The information included pursuant to subsection 1 must allow such information to be disaggregated by:

      (a) Pupils who are economically disadvantaged;

      (b) Pupils from major racial and ethnic groups;

      (c) Pupils with disabilities;

 


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ê2021 Statutes of Nevada, Page 2320 (CHAPTER 384, AB 67)ê

 

      (d) Pupils who are English learners;

      (e) Pupils who are migratory children;

      (f) Gender;

      (g) Pupils who are homeless;

      (h) Pupils in foster care; and

      (i) Pupils whose parent or guardian is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard.

      3.  As used in this section:

      (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      (c) “Expulsion” has the meaning ascribed to it in section 12 of this act.

      (d) “Suspension” has the meaning ascribed to it in section 15 of this act.

      Sec. 2. NRS 385A.460 is hereby amended to read as follows:

      385A.460  1.  The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include information on the discipline of pupils, including, without limitation:

      (a) Incidents involving weapons or violence, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (b) Incidents involving the use or possession of alcoholic beverages or controlled substances, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (c) The suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (d) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (e) For each school district, including, without limitation, each charter school in the district, and for this State as a whole:

             (1) The number of reported violations of NRS 388.135 occurring at a school or otherwise involving a pupil enrolled at a school, regardless of the outcome of the investigation conducted pursuant to NRS 388.1351;

             (2) The number of incidents determined to be bullying or cyber-bullying after an investigation is conducted pursuant to NRS 388.1351;

             (3) The number of incidents resulting in suspension or expulsion for bullying or cyber-bullying; and

             (4) Any actions taken to reduce the number of incidents of bullying or cyber-bullying, including, without limitation, training that was offered or other policies, practices and programs that were implemented.

      (f) For each high school in each school district, including, without limitation, each charter school that operates as a high school, and for the high schools in this State as a whole:

             (1) The number and percentage of pupils whose violations of the code of honor relating to cheating prescribed pursuant to NRS 392.461 or any other code of honor applicable to pupils enrolled in high school were reported to the principal of the high school, reported by the type of violation;

             (2) The consequences, if any, to the pupil whose violation is reported pursuant to subparagraph (1), reported by the type of consequence;

 


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ê2021 Statutes of Nevada, Page 2321 (CHAPTER 384, AB 67)ê

 

             (3) The number of any such violations of a code of honor in a previous school year by a pupil whose violation is reported pursuant to subparagraph (1), reported by the type of violation; and

             (4) The process used by the high school to address violations of a code of honor which are reported to the principal.

      2.  As used in this section:

      (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      (c) “Expulsion” has the meaning ascribed to it in section 12 of this act.

      (d) “Suspension” has the meaning ascribed to it in section 15 of this act.

      Sec. 3. NRS 385A.840 is hereby amended to read as follows:

      385A.840  1.  Each public school in this State shall collect data on the discipline of pupils. Such data must:

      (a) Be reported annually to the Department through the automated system of accountability information established pursuant to NRS 385A.800;

      (b) Be disaggregated into subgroups of pupils; and

      (c) Include occurrences of suspension and expulsion as separate offenses.

      2.  The Department shall:

      (a) Develop and provide guidance to each school district in this State on methods and procedures for the collection of data on the discipline of pupils pursuant to subsection 1;

      (b) Establish standard definitions of an offense for which a pupil may be disciplined and any related sanctions; and

      (c) Provide training and professional development to educational personnel relating to the reporting and analysis of data on the discipline of pupils. Such training must, without limitation, provide educational personnel with the ability to create a report of any data on the discipline of pupils, interpret the results of such a report and develop a responsive plan of action based on the results of such a report.

      3.  As used in this section:

      (a) “Expulsion” has the meaning ascribed to it in section 12 of this act.

      (b) “Suspension” has the meaning ascribed to it in section 15 of this act.

      Sec. 4. NRS 388A.246 is hereby amended to read as follows:

      388A.246  An application to form a charter school must include all information prescribed by the Department by regulation and:

      1.  A summary of the plan for the proposed charter school.

      2.  A clear written description of the mission of the charter school and the goals for the charter school. A charter school must have as its stated purpose at least one of the following goals:

      (a) Improving the academic achievement of pupils;

      (b) Encouraging the use of effective and innovative methods of teaching;

      (c) Providing an accurate measurement of the educational achievement of pupils;

      (d) Establishing accountability and transparency of public schools;

      (e) Providing a method for public schools to measure achievement based upon the performance of the schools; or

      (f) Creating new professional opportunities for teachers.

      3.  A clear description of the indicators, measures and metrics for the categories of academics, finances and organization that the charter school proposes to use, the external assessments that will be used to assess performance in those categories and the objectives that the committee to form a charter school plans to achieve in those categories, which must be expressed in terms of the objectives, measures and metrics.

 


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performance in those categories and the objectives that the committee to form a charter school plans to achieve in those categories, which must be expressed in terms of the objectives, measures and metrics. The objectives and the indicators, measures and metrics used by the charter school must be consistent with the performance framework adopted by the sponsor pursuant to NRS 388A.270.

      4.  A resume and background information for each person who serves on the board of the charter management organization or the committee to form a charter school, as applicable, which must include the name, telephone number, electronic mail address, background, qualifications, any past or current affiliation with any charter school in this State or any other state, any potential conflicts of interest and any other information required by the sponsor.

      5.  The proposed location of, or the geographic area to be served by, the charter school and evidence of a need and community support for the charter school in that area.

      6.  The minimum, planned and maximum projected enrollment of pupils in each grade in the charter school for each year that the charter school would operate under the proposed charter contract.

      7.  The procedure for applying for enrollment in the proposed charter school, which must include, without limitation, the proposed dates for accepting applications for enrollment in each year of operation under the proposed charter contract and a statement of whether the charter school will enroll pupils who are in a particular category of at-risk pupils before enrolling other children who are eligible to attend the charter school pursuant to NRS 388A.456 and the method for determining eligibility for enrollment in each such category of at-risk pupils served by the charter school.

      8.  The academic program that the charter school proposes to use, a description of how the academic program complies with the requirements of NRS 388A.366, the proposed academic calendar for the first year of operation and a sample daily schedule for a pupil in each grade served by the charter school.

      9.  A description of the proposed instructional design of the charter school and the type of learning environment the charter school will provide, including, without limitation, whether the charter school will provide a program of distance education, the planned class size and structure, the proposed curriculum for the charter school and the teaching methods that will be used at the charter school.

      10.  The manner in which the charter school plans to identify and serve the needs of pupils with disabilities, pupils who are English learners, pupils who are academically behind their peers and gifted pupils.

      11.  A description of any co-curricular or extracurricular activities that the charter school plans to offer and the manner in which these programs will be funded.

      12.  Any uniform or dress code policy that the charter school plans to use.

      13.  Plans and timelines for recruiting and enrolling students, including procedures for any lottery for admission that the charter school plans to conduct.

      14.  The rules of behavior and punishments that the charter school plans to adopt pursuant to NRS 388A.495, including, without limitation, any unique discipline policies for pupils [enrolled in a program of special education.] with disabilities.

 


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      15.  A chart that clearly presents the proposed organizational structure of the charter school and a clear description of the roles and responsibilities of the governing body, administrators and any other persons included on the chart and a table summarizing the decision-making responsibilities of the staff and governing body of the charter school and, if applicable, the charter management organization that operates the charter school. The table must also identify the person responsible for each activity conducted by the charter school, including, without limitation, the person responsible for establishing curriculum and culture, providing professional development to employees of the charter school and making determinations concerning the staff of the charter school.

      16.  The names of any external organizations that will play a role in operating the charter school and the role each such organization will play.

      17.  The manner in which the governing body of the charter school will be chosen.

      18.  A staffing chart for the first year in which the charter school plans to operate and a projected staffing plan for the term of the charter contract.

      19.  Plans for recruiting administrators, teachers and other staff, providing professional development to such staff.

      20.  Proposed bylaws for the governing body, a description of the manner in which the charter school will be governed, including, without limitation, any governance training that will be provided to the governing body, and a code of ethics for members and employees of the governing body. The code of ethics must be prepared with guidance from the Nevada Commission on Ethics and must not conflict with any policy adopted by the sponsor.

      21.  Explanations of any partnerships or contracts central to the operations or mission of the charter school.

      22.  A statement of whether the charter school will provide for the transportation of pupils to and from the charter school. If the charter school will provide transportation, the application must include the proposed plan for the transportation of pupils. If the charter school will not provide transportation, the application must include a statement that the charter school will work with the parents and guardians of pupils enrolled in the charter school to develop a plan for transportation to ensure that pupils have access to transportation to and from the charter school.

      23.  The procedure for the evaluation of teachers of the charter school, if different from the procedure prescribed in NRS 391.680 and 391.725. If the procedure is different from the procedure prescribed in NRS 391.680 and 391.725, the procedure for the evaluation of teachers of the charter school must provide the same level of protection and otherwise comply with the standards for evaluation set forth in NRS 391.680 and 391.725.

      24.  A statement of the charter school’s plans for food service and other significant operational services, including a statement of whether the charter school will provide food service or participate in the National School Lunch Program, 42 U.S.C. §§ 1751 et seq. If the charter school will not provide food service or participate in the National School Lunch Program, the application must include an explanation of the manner in which the charter school will ensure that the lack of such food service or participation does not prevent pupils from attending the charter school.

      25.  Opportunities and expectations for involving the parents of pupils enrolled in the charter school in instruction at the charter school and the operation of the charter school, including, without limitation, the manner in which the charter school will solicit input concerning the governance of the charter school from such parents.

 


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operation of the charter school, including, without limitation, the manner in which the charter school will solicit input concerning the governance of the charter school from such parents.

      26.  A detailed plan for starting operation of the charter school that identifies necessary tasks, the persons responsible for performing them and the dates by which such tasks will be accomplished.

      27.  A description of the financial plan and policies to be used by the charter school.

      28.  A description of the insurance coverage the charter school will obtain.

      29.  Budgets for starting operation at the charter school, the first year of operation of the charter school and the first 5 years of operation of the charter school, with any assumptions inherent in the budgets clearly stated.

      30.  Evidence of any money pledged or contributed to the budget of the charter school.

      31.  A statement of the facilities that will be used to operate the charter school and a plan for operating such facilities, including, without limitation, any backup plan to be used if the charter school cannot be operated out of the planned facilities.

      32.  If the charter school operates a vocational school, a description of the career and technical education program that will be used by the charter school.

      33.  If the charter school will provide a program of distance education, a description of the system of course credits that the charter school will use and the manner in which the charter school will:

      (a) Monitor and verify the participation in and completion of courses by pupils;

      (b) Require pupils to participate in assessments and submit course work;

      (c) Conduct parent-teacher conferences; and

      (d) Administer any test, examination or assessment required by state or federal law in a proctored setting.

      34.  If the charter school will provide a program where a student may earn college credit for courses taken in high school, a draft memorandum of understanding between the charter school and the college or university through which the credits will be earned and a term sheet, which must set forth:

      (a) The proposed duration of the relationship between the charter school and the college or university and the conditions for renewal and termination of the relationship;

      (b) The roles and responsibilities of the governing body of the charter school, the employees of the charter school and the college or university;

      (c) The scope of the services and resources that will be provided by the college or university;

      (d) The manner and amount that the college or university will be compensated for providing such services and resources, including, without limitation, any tuition and fees that pupils at the charter school will pay to the college or university;

      (e) The manner in which the college or university will ensure that the charter school effectively monitors pupil enrollment and attendance and the acquisition of college credits; and

      (f) Any employees of the college or university who will serve on the governing body of the charter school.

 


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      35.  If the applicant currently operates a charter school in another state, evidence of the performance of such charter schools and the capacity of the applicant to operate the proposed charter school.

      36.  If the applicant proposes to contract with an educational management organization or any other person to provide educational or management services:

      (a) Evidence of the performance of the educational management organization or other person when providing such services to a population of pupils similar to the population that will be served by the proposed charter school;

      (b) A term sheet that sets forth:

             (1) The proposed duration of the proposed contract between the governing body of the charter school and the educational management organization;

             (2) A description of the responsibilities of the governing body of the charter school, employees of the charter school and the educational management organization or other person;

             (3) All fees that will be paid to the educational management organization or other person;

             (4) The manner in which the governing body of the charter school will oversee the services provided by the educational management organization or other person and enforce the terms of the contract;

             (5) A disclosure of the investments made by the educational management organization or other person in the proposed charter school; and

             (6) The conditions for renewal and termination of the contract; and

      (c) A disclosure of any conflicts of interest concerning the applicant and the educational management organization or other person, including, without limitation, any past or current employment, business or familial relationship between any prospective employee of the charter school and a member of the committee to form a charter school or the board of directors of the charter management organization, as applicable.

      37.  Any additional information that the sponsor determines is necessary to evaluate the ability of the proposed charter school to serve pupils in the school district in which the proposed charter school will be located.

Ê As used in this section, “pupil with a disability” has the meaning ascribed to it in NRS 388.417.

      Sec. 5. NRS 388A.3965 is hereby amended to read as follows:

      388A.3965  1.  A parent or legal guardian of a pupil enrolled in a charter school, a pupil who is at least 18 years of age enrolled in a charter school, a member of the governing body of a charter school or an employee of a charter school may file a complaint relating to that charter school directly with the State Public Charter School Authority if the person has evidence that the charter school has:

      (a) Violated any law or regulation relating to the health and safety of pupils;

      (b) Violated any law or regulation relating to the civil rights of pupils, except for a law or regulation described in subsection 1 of NRS 388A.396;

      (c) Violated any law or regulation or policy of the sponsor of the charter school relating to the enrollment, suspension or expulsion of pupils;

      (d) Committed fraud, financial mismanagement or financial malfeasance; or

 


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      (e) Committed academic dishonesty, including, without limitation, engaging in a policy or practice that has the intent or effect of inappropriately increasing the graduation rate or inappropriately increasing performance on assessments mandated by this State or the State Public Charter School Authority.

      2.  If the State Public Charter School Authority determines that credible evidence exists to support a complaint submitted pursuant to subsection 1, the State Public Charter School Authority shall investigate the complaint and respond to the complaining party in writing.

      3.  As used in this section:

      (a) “Expulsion” has the meaning ascribed to it in section 12 of this act.

      (b) “Suspension” has the meaning ascribed to it in section 15 of this act.

      Sec. 6. NRS 388A.495 is hereby amended to read as follows:

      388A.495  1.  A governing body of a charter school shall adopt:

      (a) Written rules of behavior required of and prohibited for pupils attending the charter school; and

      (b) Appropriate punishments for violations of the rules.

      2.  If suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the charter school shall ensure that, before the suspension or expulsion, the pupil and, if the pupil is under 18 years of age, the parent or guardian of the pupil, has been given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing. The provisions of chapter 241 of NRS do not apply to any hearing or proceeding conducted pursuant to this section. Such a hearing or proceeding must be closed to the public.

      3.  A pupil who is at least 11 years of age and who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, who is selling or distributing any controlled substance or who is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the charter school only after the charter school has made a reasonable effort to complete a plan of action based on restorative justice with the pupil in accordance with the provisions of NRS 392.466 and 392.467.

      4.  A pupil with a disability who is at least 11 years of age and who is enrolled in a charter school [and participating in a program of special education pursuant to NRS 388.419] may, in accordance with the procedural policy adopted by the governing body of the charter school for such matters and only after the governing body or its designee has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., be:

      (a) Suspended from the charter school pursuant to this section for not more than 5 days for each occurrence [.] of proscribed conduct.

      (b) Expelled from school pursuant to this section.

      (c) Permanently expelled from school pursuant to this section.

      5.  A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:

      (a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year.

      (b) Available for public inspection at the charter school.

      6.  The governing body of a charter school may adopt rules relating to the truancy of pupils who are enrolled in the charter school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive.

 


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least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If a governing body adopts rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.

      7.  As used in this section:

      (a) “Expel” or “expulsion” has the meaning ascribed to it in section 12 of this act.

      (b) “Permanently expelled” means the disciplinary removal of a pupil from the school in which the pupil is currently enrolled:

             (1) Except as otherwise provided in subparagraph (2), without the possibility of returning to the school in which the pupil is currently enrolled or another public school within the school district; and

             (2) With the possibility of enrolling in a program or public school for alternative education for pupils who are expelled or permanently expelled after being permanently expelled.

      (c) “Pupil with a disability” has the meaning ascribed to it in NRS 388.417.

      (d) “Suspend” or “suspension” has the meaning ascribed to it in section 15 of this act.

      Sec. 7. NRS 388A.740 is hereby amended to read as follows:

      388A.740  1.  The Department shall adopt any regulations necessary to carry out the provisions of NRS 388A.462 and 388A.700 to 388A.740, inclusive, including, without limitation, regulations for:

      [1.](a) The delegation of oversight responsibilities to any subcommittee of the State Public Charter School Authority.

      [2.](b) Establishing different requirements for the operation or regulation of or any other matter that requires the different treatment of charter schools for distance education sponsored by the State Public Charter School Authority and traditional charter schools sponsored by the State Public Charter School Authority.

      [3.](c) Determining when a pupil enrolled at a charter school for distance education may be suspended or expelled from such charter school pursuant to NRS 388A.495 for failing to actively participate in the charter school for distance education.

      2.  As used in this section:

      (a) “Expel” has the meaning ascribed to it in section 12 of this act.

      (b) “Suspend” has the meaning ascribed to it in section 15 of this act.

      Sec. 8. NRS 388C.150 is hereby amended to read as follows:

      388C.150  1.  The governing body of a university school for profoundly gifted pupils shall adopt:

      (a) Written rules of behavior for pupils enrolled in the university school, including, without limitation, prohibited acts; and

      (b) Appropriate punishments for violations of the rules.

      2.  If suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the university school for profoundly gifted pupils shall ensure that, before the suspension or expulsion, the pupil has been given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing. The provisions of chapter 241 of NRS do not apply to any hearing or proceeding conducted pursuant to this section. Such a hearing or proceeding must be closed to the public.

      3.  A pupil who is at least 11 years of age and who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, who is selling or distributing any controlled substance or who is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed only after the university school for profoundly gifted pupils has made a reasonable effort to complete a plan of action based on restorative justice with the pupil in accordance with the provisions of NRS 392.466 and 392.467.

 


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process, who is selling or distributing any controlled substance or who is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed only after the university school for profoundly gifted pupils has made a reasonable effort to complete a plan of action based on restorative justice with the pupil in accordance with the provisions of NRS 392.466 and 392.467.

      4.  A pupil with a disability who is at least 11 years of age and who is enrolled in a university school for profoundly gifted pupils [and participating in a program of special education pursuant to NRS 388.419] may, in accordance with the procedural policy adopted by the governing body of the university school for such matters and only after the governing body or its designee has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., be:

      (a) Suspended from the university school pursuant to this section for not more than 5 days for each occurrence [.] of proscribed conduct.

      (b) Expelled from school pursuant to this section.

      (c) Permanently expelled from school pursuant to this section.

      5.  A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:

      (a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters the university school for profoundly gifted pupils during the year.

      (b) Available for public inspection at the university school.

      6.  The governing body of a university school for profoundly gifted pupils may adopt rules relating to the truancy of pupils who are enrolled in the university school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If the governing body adopts rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.

      7.  As used in this section:

      (a) “Expel” or “expulsion” has the meaning ascribed to it in section 12 of this act.

      (b) “Permanently expelled” means the disciplinary removal of a pupil from the school in which the pupil is currently enrolled:

             (1) Except as otherwise provided in subparagraph (2), without the possibility of returning to the school in which the pupil is currently enrolled or another public school within the school district; and

             (2) With the possibility of enrolling in a program or public school for alternative education for pupils who are expelled or permanently expelled after being permanently expelled.

      (c) “Pupil with a disability” has the meaning ascribed to it in NRS 388.417.

      (d) “Suspend” or “suspension” has the meaning ascribed to it in section 15 of this act.

      Sec. 9. NRS 389.155 is hereby amended to read as follows:

      389.155  1.  The State Board shall, by regulation, establish a program pursuant to which a pupil:

      (a) Enrolled full-time in public school;

      (b) Enrolled in an alternative program pursuant to NRS 388.537;

      (c) Enrolled in a program designed to meet the requirements for an adult standard diploma; or

 


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      (d) Except as otherwise provided in subsection 4, who has been suspended or expelled from a public school,

Ê may complete any required or elective course by independent study outside of the normal classroom setting. A program of independent study provided pursuant to this section may be offered through a program of distance education pursuant to NRS 388.820 to 388.874, inclusive.

      2.  The regulations must:

      (a) Require that:

             (1) The teacher of the course assign to the pupil the work assignments necessary to complete the course; and

             (2) For each course in which the pupil is enrolled, the pupil and the teacher of the course meet or otherwise communicate with each other at least once each week for the duration of the course to discuss the pupil’s progress; or

      (b) Require that the program of independent study satisfies the requirements of a plan to operate an alternative program of education submitted by the school district and approved pursuant to NRS 388.537.

      3.  The board of trustees of a school district may, in accordance with the regulations adopted pursuant to subsections 1 and 2, provide for independent study by the pupils described in subsection 1.

      4.  A program of independent study offered pursuant to this section must not allow a pupil who has been suspended or expelled from a public school to attend that public school during the period of his or her suspension or expulsion.

      5.  As used in this section:

      (a) “Expel” or “expulsion” has the meaning ascribed to it in section 12 of this act.

      (b) “Suspend” or “suspension” has the meaning ascribed to it in section 15 of this act.

      Sec. 10. Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 to 15.5, inclusive, of this act.

      Sec. 11. As used in NRS 392.461 to 392.472, inclusive, and sections 11 to 15.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 12 to 15, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 12. “Expel” or “expulsion” means the disciplinary removal of a pupil from the school in which the pupil is currently enrolled for more than one school semester with the possibility of:

      1.  Except as otherwise provided in subsection 2, returning to the school in which the pupil is currently enrolled or another public school within the school district after the expulsion; and

      2.  Enrolling in a program or public school for alternative education for pupils who are expelled or permanently expelled during the period of expulsion.

      Sec. 13.  (Deleted by amendment.)

      Sec. 14. “Pupil with a disability” has the meaning ascribed to it in NRS 388.417.

      Sec. 15. “Suspend” or “suspension” means the disciplinary removal of a pupil from the school in which the pupil is currently enrolled for not more than one school semester.

 


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      Sec. 15.5. The Department shall adopt any regulations necessary to carry out the provisions of NRS 392.461 to 392.472, inclusive, and sections 11 to 15.5, inclusive, of this act.

      Sec. 16. (Deleted by amendment.)

      Sec. 17. NRS 392.4634 is hereby amended to read as follows:

      392.4634  1.  Except as otherwise provided in subsection 3, a pupil enrolled in kindergarten or grades 1 to 8, inclusive, may not be disciplined, including, without limitation, pursuant to NRS 392.466, for:

      (a) Simulating a firearm or dangerous weapon while playing; or

      (b) Wearing clothing or accessories that depict a firearm or dangerous weapon or express an opinion regarding a constitutional right to keep and bear arms, unless it substantially disrupts the educational environment.

      2.  Simulating a firearm or dangerous weapon includes, without limitation:

      (a) Brandishing a partially consumed pastry or other food item to simulate a firearm or dangerous weapon;

      (b) Possessing a toy firearm or toy dangerous weapon that is 2 inches or less in length;

      (c) Possessing a toy firearm or toy dangerous weapon made of plastic building blocks which snap together;

      (d) Using a finger or hand to simulate a firearm or dangerous weapon;

      (e) Drawing a picture or possessing an image of a firearm or dangerous weapon; and

      (f) Using a pencil, pen or other writing or drawing implement to simulate a firearm or dangerous weapon.

      3.  A pupil who simulates a firearm or dangerous weapon may be disciplined when disciplinary action is consistent with a policy adopted by the board of trustees of the school district and such simulation:

      (a) Substantially disrupts learning by pupils or substantially disrupts the educational environment at the school;

      (b) Causes bodily harm to another person; or

      (c) Places another person in reasonable fear of bodily harm.

      4.  Except as otherwise provided in subsection 5, a school, school district, board of trustees of a school district or other entity shall not adopt any policy, ordinance or regulation which conflicts with this section.

      5.  The provisions of this section shall not be construed to prohibit a school from establishing and enforcing a policy requiring pupils to wear a school uniform as authorized pursuant to NRS 386.855.

      6.  As used in this section:

      (a) “Dangerous weapon” has the meaning ascribed to it in paragraph (b) of subsection [11] 12 of NRS 392.466.

      (b) “Firearm” has the meaning ascribed to it in paragraph (c) of subsection [11] 12 of NRS 392.466.

      Sec. 18. (Deleted by amendment.)

      Sec. 19. NRS 392.4643 is hereby amended to read as follows:

      392.4643  An action must not be taken pursuant to the provisions of NRS 392.4642 to 392.4648, inclusive, against a pupil with a disability [who is participating in a program of special education pursuant to NRS 388.417 to 388.469, inclusive,] unless the action complies with:

      1.  The Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.;

 


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      2.  The Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.;

      3.  Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq.;

      4.  Any other federal law applicable to children with disabilities; and

      5.  The procedural policy adopted by the board of trustees of the school district for such matters.

      Secs. 20 and 21. (Deleted by amendment.)

      Sec. 22. NRS 392.4655 is hereby amended to read as follows:

      392.4655  1.  Except as otherwise provided in this section, a principal of a school shall deem a pupil enrolled in the school a habitual disciplinary problem if the school has written evidence which documents that in 1 school year:

      (a) The pupil has threatened or extorted, or attempted to threaten or extort, another pupil or a teacher or other personnel employed by the school two or more times or the pupil has a record of five significant suspensions from the school for any reason; and

      (b) The pupil has not entered into and participated in a plan of behavior pursuant to subsection 5.

      2.  At least one teacher of a pupil who is enrolled in elementary school and at least two teachers of a pupil who is enrolled in junior high, middle school or high school may request that the principal of the school deem a pupil a habitual disciplinary problem. Upon such a request, the principal of the school shall meet with each teacher who made the request to review the pupil’s record of discipline. If, after the review, the principal of the school determines that the provisions of subsection 1 do not apply to the pupil, a teacher who submitted a request pursuant to this subsection may appeal that determination to the board of trustees of the school district. Upon receipt of such a request, the board of trustees shall review the initial request and determination pursuant to the procedure established by the board of trustees for such matters.

      3.  If a pupil is suspended, the school in which the pupil is enrolled shall provide written notice to the parent or legal guardian of the pupil that contains:

      (a) A description of the act committed by the pupil and the date on which the act was committed;

      (b) An explanation that if the pupil receives five significant suspensions on his or her record during the current school year and has not entered into and participated in a plan of behavior pursuant to subsection 5, the pupil will be deemed a habitual disciplinary problem;

      (c) An explanation that, pursuant to subsection 5 of NRS 392.466, a pupil who is deemed a habitual disciplinary problem may be:

             (1) Suspended from school ; [for a period not to exceed one school semester as determined by the seriousness of the acts which were the basis for the discipline;] or

             (2) Expelled from school under extraordinary circumstances as determined by the principal of the school;

      (d) If the pupil [has] is a pupil with a disability , [and is participating in a program of special education pursuant to NRS 388.419,] an explanation of the effect of subsection 10 of NRS 392.466, including, without limitation, that if it is determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior is not a manifestation of the pupil’s disability, he or she may be suspended or expelled from school in the same manner as a pupil without a disability; and

 


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behavior is not a manifestation of the pupil’s disability, he or she may be suspended or expelled from school in the same manner as a pupil without a disability; and

      (e) A summary of the provisions of subsection 5.

      4.  A school shall provide the notice required by subsection 3 for each suspension on the record of a pupil during a school year. Such notice must be provided at least 7 days before the school deems the pupil a habitual disciplinary problem.

      5.  If a pupil is suspended, the school in which the pupil is enrolled shall develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of behavior for the pupil. The parent or legal guardian of the pupil may choose for the pupil not to participate in the plan of behavior. If the parent or legal guardian of the pupil chooses for the pupil not to participate, the school shall inform the parent or legal guardian of the consequences of not participating in the plan of behavior. Such a plan must be designed to prevent the pupil from being deemed a habitual disciplinary problem and may include, without limitation:

      (a) A plan for graduating if the pupil is deficient in credits and not likely to graduate according to schedule.

      (b) Information regarding schools with a mission to serve pupils who have been:

             (1) Expelled or suspended from a public school, including, without limitation, a charter school; or

             (2) Deemed to be a habitual disciplinary problem pursuant to this section.

      (c) A voluntary agreement by the parent or legal guardian to attend school with his or her child.

      (d) A voluntary agreement by the pupil and the pupil’s parent or legal guardian to attend counseling, programs or services available in the school district or community.

      (e) A voluntary agreement by the pupil and the pupil’s parent or legal guardian that the pupil will attend summer school, intersession school or school on Saturday, if any of those alternatives are offered by the school district.

      6.  If a pupil commits the same act for which notice was provided pursuant to subsection 3 after he or she enters into a plan of behavior pursuant to subsection 5, the pupil shall be deemed to have not successfully completed the plan of behavior and may be deemed a habitual disciplinary problem.

      7.  A pupil may, pursuant to the provisions of this section, enter into one plan of behavior per school year.

      8.  The parent or legal guardian of a pupil who has entered into a plan of behavior with a school pursuant to this section may appeal to the board of trustees of the school district a determination made by the school concerning the contents of the plan of behavior or action taken by the school pursuant to the plan of behavior. Upon receipt of such a request, the board of trustees of the school district shall review the determination in accordance with the procedure established by the board of trustees for such matters.

      9.  As used in this section, “significant suspension” means the school in which the pupil is enrolled:

      (a) Prohibits the pupil from attending school for 3 or more consecutive days; and

 


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      (b) Requires a conference or some other form of communication with the parent or legal guardian of the pupil before the pupil is allowed to return to school.

      Sec. 23. NRS 392.466 is hereby amended to read as follows:

      392.466  1.  Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school or who sells or distributes any controlled substance while on the premises of any public school, at an activity sponsored by a public school or on any school bus and who is at least 11 years of age shall meet with the school and his or her parent or legal guardian. The school shall provide a plan of action based on restorative justice to the parent or legal guardian of the pupil. The pupil may be suspended or expelled from the school, in which case the pupil shall:

      (a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or

      (b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.

      2.  An employee who is a victim of a battery which results in the bodily injury of an employee of the school may appeal to the school the plan of action provided pursuant to subsection 1 if:

      (a) The employee feels any actions taken pursuant to such plan are inappropriate; and

      (b) For a pupil with a disability who committed the battery , [and is participating in a program of special education pursuant to NRS 388.419,] the board of trustees of the school district or its designee has reviewed the circumstances and determined that such an appeal is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

      3.  Except as otherwise provided in this section, any pupil of any age, including, without limitation, a pupil with a disability, who is found in possession of a firearm or a dangerous weapon while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although the pupil may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, the pupil must be permanently expelled from the school . [and:

      (a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or

      (b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.]

      4.  If a school is unable to retain a pupil in the school pursuant to subsection 1 for the safety of any person or because doing so would not be in the best interest of the pupil, the pupil may be suspended, expelled or placed in another school. If a pupil is placed in another school, the current school of the pupil shall explain what services will be provided to the pupil at the new school that the current school is unable to provide to address the specific needs and behaviors of the pupil. The school district of the current school of the pupil shall coordinate with the new school [or the board of trustees of the school district of the new school] to create a plan of action based on restorative justice for the pupil and to ensure that any resources required to execute the plan of action based on restorative justice are available at the new school.

 


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the pupil shall coordinate with the new school [or the board of trustees of the school district of the new school] to create a plan of action based on restorative justice for the pupil and to ensure that any resources required to execute the plan of action based on restorative justice are available at the new school.

      5.  Except as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655, the pupil is at least 11 years of age and the school has made a reasonable effort to complete a plan of action based on restorative justice with the pupil, based on the seriousness of the acts which were the basis for the discipline, the pupil may be:

      (a) Suspended from the school ; [for a period not to exceed one school semester as determined by the seriousness of the acts which were the basis for the discipline;] or

      (b) Expelled from the school under extraordinary circumstances as determined by the principal of the school.

      6.  If the pupil is expelled, or the period of the pupil’s suspension is for one school semester, the pupil must:

      (a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or

      (b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.

      7.  The superintendent of schools of a school district may, for good cause shown in a particular case in that school district, allow a modification to a suspension or expulsion pursuant to subsections 1 to 5, inclusive, if such modification is set forth in writing. The superintendent shall allow such a modification if the superintendent determines that a plan of action based on restorative justice may be used successfully.

      8.  This section does not prohibit a pupil from having in his or her possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.

      9.  Except as otherwise provided in this [section,] subsection and subsection 3, a pupil who is [not more] less than [10] 11 years of age must not be permanently expelled from school. In extraordinary circumstances, a school may request an exception to this subsection from the board of trustees of the school district. A pupil who is at least 11 years of age may be suspended [from school] , expelled or permanently expelled from school pursuant to this section only after the board of trustees of the school district or its designee has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.

      10.  [A] Except as otherwise provided in subsection 3, a pupil with a disability who is at least 11 years of age [and who is participating in a program of special education pursuant to NRS 388.419] may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters and only after the board of trustees of the school district or its designee has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., be:

 


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      (a) Suspended from school pursuant to this section for not more than 5 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.

      (b) Expelled from school pursuant to this section.

      (c) Permanently expelled from school pursuant to this section.

      11.  The provisions of chapter 241 of NRS do not apply to any hearing or proceeding conducted pursuant to this section. Such hearings or proceedings must be closed to the public.

      12.  As used in this section:

      (a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

      (b) “Dangerous weapon” includes, without limitation, a blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, a switchblade knife as defined in NRS 202.265, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.

      (c) “Firearm” includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a “firearm” in 18 U.S.C. § 921, as that section existed on July 1, 1995.

      (d) “Permanently expelled” means the disciplinary removal of a pupil from the school in which the pupil is currently enrolled:

             (1) Except as otherwise provided in subparagraph (2), without the possibility of returning to the school in which the pupil is currently enrolled or another public school within the school district; and

             (2) With the possibility of enrolling in a program or public school for alternative education for pupils who are expelled or permanently expelled after being permanently expelled.

      (e) “Restorative justice” has the meaning ascribed to it in subsection [6] 5 of NRS 392.472.

      [12.] 13.  The provisions of this section do not prohibit a pupil who is suspended or expelled from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if the pupil is accepted for enrollment by the charter school pursuant to NRS 388A.453 or 388A.456. Upon request, the governing body of a charter school must be provided with access to the records of the pupil relating to the pupil’s suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.

      Sec. 24. NRS 392.467 is hereby amended to read as follows:

      392.467  1.  Except as otherwise provided in subsections 5 and 6 and NRS 392.466, the board of trustees of a school district or its designee may authorize the suspension or expulsion of any pupil who is at least 11 years of age from any public school within the school district. Except as otherwise provided in this subsection and subsection 3 of NRS 392.466, a pupil who is [not more] less than [10] 11 years of age must not be permanently expelled from school. In extraordinary circumstances, a school may request an exception to the prohibition set forth in this subsection against permanently expelling a pupil who is less than 11 years of age from school from the board of trustees of the school district.

 


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ê2021 Statutes of Nevada, Page 2336 (CHAPTER 384, AB 67)ê

 

      2.  Except as otherwise provided in subsection 6, no pupil may be suspended or expelled until the pupil has been given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing, except that a pupil who is found to be in possession of a firearm or a dangerous weapon as provided in NRS 392.466 may be removed from the school immediately upon being given an explanation of the reasons for his or her removal and pending proceedings, to be conducted as soon as practicable after removal, for the pupil’s suspension or expulsion.

      3.  The board of trustees of a school district or its designee may authorize the expulsion, suspension or removal of a pupil who has been charged with a crime from the school at which the pupil is enrolled regardless of the outcome of any criminal or delinquency proceedings brought against the pupil only if the school:

      (a) Conducts an independent investigation of the conduct of the pupil; and

      (b) Gives notice of the charges brought against the pupil by the school to the pupil.

      4.  The provisions of chapter 241 of NRS do not apply to any hearing or proceeding conducted pursuant to this section. Such hearings or proceedings must be closed to the public.

      5.  The board of trustees of a school district or its designee shall not authorize the expulsion, suspension or removal of any pupil from the public school system solely for offenses related to attendance or because the pupil is declared a truant or habitual truant in accordance with NRS 392.130 or 392.140.

      6.  A pupil [who is participating in a program of special education pursuant to NRS 388.419, other than a pupil who receives early intervening services,] with a disability may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters and only after the board of trustees of the school district or its designee has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., be:

      (a) Suspended from school pursuant to this section for not more than 5 days for each occurrence [.] of proscribed conduct.

      (b) Expelled from school pursuant to this section.

      (c) Permanently expelled from school pursuant to this section.

      7.  As used in this section, “permanently expelled” means the disciplinary removal of a pupil from the school in which the pupil is currently enrolled:

      (a) Except as otherwise provided in paragraph (b), without the possibility of returning to the school in which the pupil is currently enrolled or another public school within the school district; and

      (b) With the possibility of enrolling in a program or public school for alternative education for pupils who are expelled or permanently expelled after being permanently expelled.

      Sec. 25. (Deleted by amendment.)

      Sec. 26. NRS 392.472 is hereby amended to read as follows:

      392.472  1.  Except as otherwise provided in NRS 392.466 and to the extent practicable, a public school shall provide a plan of action based on restorative justice before expelling a pupil from school.

 


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ê2021 Statutes of Nevada, Page 2337 (CHAPTER 384, AB 67)ê

 

      2.  The Department shall develop one or more examples of a plan of action which may include, without limitation:

      (a) Positive behavioral interventions and support;

      (b) A plan for behavioral intervention;

      (c) A referral to a team of student support;

      (d) A referral to an individualized education program team;

      (e) A referral to appropriate community-based services; and

      (f) A conference with the principal of the school or his or her designee and any other appropriate personnel.

      3.  The Department may approve a plan of action based on restorative justice that meets the requirements of this section submitted by a public school.

      4.  The Department shall post on its Internet website a guidance document that includes, without limitation:

      (a) A description of the requirements of this section and NRS 392.462;

      (b) A timeline for implementation of the requirements of this section and NRS 392.462 by a public school;

      (c) One or more models of restorative justice and best practices relating to restorative justice;

      (d) A curriculum for professional development relating to restorative justice and references for one or more consultants or presenters qualified to provide additional information or training relating to restorative justice; and

      (e) One or more examples of a plan of action based on restorative justice developed pursuant to subsection 2.

      5.  [The Department shall adopt regulations necessary to carry out the provisions of this section.

      6.]  As used in this section:

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

      (b) “Restorative justice” means nonpunitive intervention and support provided by the school to a pupil to improve the behavior of the pupil and remedy any harm caused by the pupil.

      Sec. 27. NRS 241.016 is hereby amended to read as follows:

      241.016  1.  The meetings of a public body that are quasi-judicial in nature are subject to the provisions of this chapter.

      2.  The following are exempt from the requirements of this chapter:

      (a) The Legislature of the State of Nevada.

      (b) Judicial proceedings, including, without limitation, proceedings before the Commission on Judicial Selection and, except as otherwise provided in NRS 1.4687, the Commission on Judicial Discipline.

      (c) Meetings of the State Board of Parole Commissioners when acting to grant, deny, continue or revoke the parole of a prisoner or to establish or modify the terms of the parole of a prisoner.

      3.  Any provision of law, including, without limitation, NRS 91.270, 219A.210, 228.495, 239C.140, 239C.420, 281A.350, 281A.690, 281A.735, 281A.760, 284.3629, 286.150, 287.0415, 287.04345, 287.338, 288.220, 288.590, 289.387, 295.121, 360.247, 388.261, 388A.495, 388C.150, 388D.355, 388G.710, 388G.730, 392.147, 392.466, 392.467, 394.1699, 396.3295, 414.270, 422.405, 433.534, 435.610, 442.774, 463.110, 480.545, 622.320, 622.340, 630.311, 630.336, 631.3635, 639.050, 642.518, 642.557, 686B.170, 696B.550, 703.196 and 706.1725, which:

 


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ê2021 Statutes of Nevada, Page 2338 (CHAPTER 384, AB 67)ê

 

      (a) Provides that any meeting, hearing or other proceeding is not subject to the provisions of this chapter; or

      (b) Otherwise authorizes or requires a closed meeting, hearing or proceeding,

Ê prevails over the general provisions of this chapter.

      4.  The exceptions provided to this chapter, and electronic communication, must not be used to circumvent the spirit or letter of this chapter to deliberate or act, outside of an open and public meeting, upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.

      Sec. 28. NRS 392.4657 is hereby repealed.

      Sec. 29.  This act becomes effective on July 1, 2021.

________

CHAPTER 385, AB 148

Assembly Bill No. 148–Assemblymen Peters, Watts, Bilbray-Axelrod; Anderson, Carlton, Cohen, Martinez, Nguyen and Torres

 

CHAPTER 385

 

[Approved: June 4, 2021]

 

AN ACT relating to mining; revising the application requirements for obtaining a permit to engage in an exploration project or mining operation; prohibiting certain persons from obtaining such a permit; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits a person from engaging in certain exploration projects or mining operations without a permit issued for that purpose by the Division of Environmental Protection of the State Department of Conservation and Natural Resources. (NRS 519A.180, 519A.200) Existing law further: (1) requires certain information to be included in an application for such a permit, including the name and address of the applicant and, if the applicant is a corporation or other business entity, the name and address of its principal officers; and (2) prohibits the issuance of such a permit to an applicant who is in default on any obligation relating to reclamation. (NRS 519A.190, 519A.210)

      Sections 1 and 2 of this bill require an applicant for such a permit who is a corporation or business entity to submit with the application the name and address of each person who has a controlling interest in the corporation or business entity. Sections 1 and 2 further require an applicant to submit an affidavit that states whether or not the applicant and each person who has a controlling interest in the corporation or business entity is in good standing with all agencies of other states and federal agencies in relation to the reclamation of exploration projects or mining operations outside of this State.

      Sections 1 and 2 prohibit the issuance of a permit to any applicant that is a corporation or other business entity if any person who has a controlling interest in the corporation or business entity has or previously had a controlling interest in another corporation or business entity that has defaulted on any obligation relating to reclamation unless the applicant: (1) pays the full amount of the defaulted obligation or provides evidence of satisfaction of the defaulted obligation; and (2) demonstrates that the conditions which led to the default have been remedied and no longer exist.

 


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ê2021 Statutes of Nevada, Page 2339 (CHAPTER 385, AB 148)ê

 

      Sections 1 and 2 further prohibit the issuance of a permit if the applicant or, if the applicant is a corporation or other business entity, a person who has a controlling interest in the corporation or business entity is not in good standing with an agency of another state or a federal agency in relation to the reclamation of an exploration project or mining operation outside of this State unless the applicant or person who has a controlling interest remedies all issues relating to the reclamation of the exploration project or mining operation outside of this State and becomes in good standing with all agencies of the other state and federal agencies in relation to the reclamation of the exploration project or mining operation outside of this State.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 519A.190 is hereby amended to read as follows:

      519A.190  1.  A person who desires to engage in an exploration project must:

      [1.](a) File with the Division, upon a form approved by it, an application for a permit. The application must include:

      [(a)](1) The name and address of the applicant and, if the applicant is a corporation or other business entity [, the] :

                   (I) The name and address of [its principal officers and its] each person who has a controlling interest in the corporation or business entity; and

                   (II) The name and address of the registered agent of the corporation or business entity for service of process;

      [(b)](2) An exploration map or sketch in sufficient detail to enable the Division to locate the area to be explored and to determine whether significant environmental problems are likely to result;

      [(c)](3) The kinds of prospecting and excavation techniques that will be used in the exploration project; [and

      (d)](4) An affidavit stating whether or not the applicant and, if applicable, each person who has a controlling interest in the corporation or business entity is in good standing with all agencies of other states and federal agencies in relation to the reclamation of exploration projects outside of this State; and

             (5) Any other information required by the regulations adopted by the Commission pursuant to NRS 519A.160.

      [2.](b) Pay to the Division the application fee established in the regulations adopted by the Commission pursuant to NRS 519A.160.

      [3.](c) Agree in writing to assume responsibility for the reclamation of any surface area damaged as a result of the exploration project.

      [4.  Not be in default of any other obligation relating to reclamation pursuant to this chapter.

      5.](d) File with the Division a bond or other surety in a form approved by the Administrator and in an amount required by the regulations adopted by the Commission pursuant to NRS 519A.160.

      2.  Except as otherwise provided in subsections 3 and 4, the Division shall not issue a permit to engage in an exploration project pursuant to this section to an applicant if:

 


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ê2021 Statutes of Nevada, Page 2340 (CHAPTER 385, AB 148)ê

 

      (a) The applicant has defaulted on any obligation relating to reclamation pursuant to this chapter, including, without limitation, by forfeiting a surety or failing to pay the full costs of reclamation or any penalty assessed pursuant to NRS 519A.280;

      (b) For an applicant who is a corporation or other business entity, any person who has a controlling interest in the corporation or business entity has or previously had a controlling interest in another corporation or business entity that defaulted on any obligation relating to reclamation pursuant to this chapter, including, without limitation, by forfeiting a surety or failing to pay the full costs of reclamation or any penalty assessed pursuant to NRS 519A.280; or

      (c) The applicant or, if the applicant is a corporation or other business entity, a person who has a controlling interest in the corporation or business entity is not in good standing with an agency of another state or a federal agency in relation to the reclamation of an exploration project outside of this State.

      3.  The Division may issue a permit to engage in an exploration project pursuant to this section to an applicant described in paragraph (a) or (b) of subsection 2 if the applicant:

      (a) Pays to the Division the full amount of the defaulted obligation described in paragraph (a) or (b) of subsection 2, as applicable, or provides evidence of satisfaction of that defaulted obligation; and

      (b) Demonstrates to the Division that any conditions which led to the default have been remedied and that such conditions no longer exist.

      4.  The Division may issue a permit to engage in an exploration project pursuant to this section to an applicant described in paragraph (c) of subsection 2 if the applicant demonstrates to the Division that the applicant or person who has a controlling interest in the corporation or business entity has remedied all issues related to the reclamation of the exploration project outside of this State and becomes in good standing with all agencies of the other state and federal agencies in relation to the reclamation of the exploration project.

      5.  As used in this section, “person who has a controlling interest” means:

      (a) The president, secretary, treasurer or equivalent thereof of the corporation or business entity;

      (b) A partner, director or trustee of the corporation or business entity; or

      (c) A person who, directly or indirectly, possesses the power to direct the management or determine the policy of the corporation or business entity resulting from, without limitation, his or her ownership of voting stock in the corporation or business entity, a contract or any other circumstance.

Ê The term does not include a person designated to act as a proxy, including, without limitation, an agent, bank, broker, nominee or custodian, for one or more persons who own voting stock unless the proxy otherwise has the power to direct the management or determine the policy of the corporation or business entity.

      Sec. 2. NRS 519A.210 is hereby amended to read as follows:

      519A.210  1.  A person who desires to engage in a mining operation must:

 


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ê2021 Statutes of Nevada, Page 2341 (CHAPTER 385, AB 148)ê

 

      [1.](a) File with the Division, upon a form approved by it, an application for a permit for each location at which the person will conduct operations. The application must include:

      [(a)](1) The name and address of the applicant and, if the applicant is a corporation or other business entity [, the] :

                   (I) The name and address of [its principal officers and its] each person who has a controlling interest in the corporation or business entity; and

                   (II) The name and address of the registered agent of the corporation or business entity for service of process;

      [(b)](2) A completed checklist developed by the Division pursuant to NRS 519A.220; [and

      (c)](3) An affidavit stating whether or not the applicant and, if applicable, each person who has a controlling interest in the corporation or business entity is in good standing with all agencies of other states and federal agencies in relation to the reclamation of mining operations outside of this State; and

             (4) Any other information required by the regulations adopted by the Commission pursuant to NRS 519A.160.

      [2.](b) Pay to the Division the application fee established in the regulations adopted by the Commission pursuant to NRS 519A.160.

      [3.](c) Agree in writing to assume responsibility for the reclamation of any land damaged as a result of the mining operation.

      [4.  Not be in default of any other obligation relating to reclamation pursuant to this chapter.

      5.](d) File with the Division a bond or other surety in a form and amount required by the regulations adopted by the Commission pursuant to NRS 519A.160.

      [6.](e) File with the Division of Minerals of the Commission on Mineral Resources a copy of the plan for reclamation which is filed with the application pursuant to [subsection 1,] paragraph (a), on the same day the application is filed with the Division.

      2.  Except as otherwise provided in subsections 3 and 4, the Division shall not issue a permit to engage in a mining operation pursuant to this section to an applicant if:

      (a) The applicant has defaulted on any obligation relating to reclamation pursuant to this chapter, including, without limitation, by forfeiting a surety or failing to pay the full costs of reclamation or any penalty assessed pursuant to NRS 519A.280;

      (b) For an applicant who is a corporation or other business entity, any person who has a controlling interest in the corporation or business entity has or previously had a controlling interest in another corporation or business entity that defaulted on any obligation relating to reclamation pursuant to this chapter, including, without limitation, by forfeiting a surety or failing to pay the full costs of reclamation or any penalty assessed pursuant to NRS 519A.280; or

      (c) The applicant or, if the applicant is a corporation or other business entity, a person who has a controlling interest in the corporation or business entity is not in good standing with an agency of another state or a federal agency in relation to the reclamation of a mining operation outside of this State.

 


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ê2021 Statutes of Nevada, Page 2342 (CHAPTER 385, AB 148)ê

 

business entity is not in good standing with an agency of another state or a federal agency in relation to the reclamation of a mining operation outside of this State.

      3.  The Division may issue a permit to engage in a mining operation pursuant to this section to an applicant described in paragraph (a) or (b) of subsection 2 if the applicant:

      (a) Pays to the Division the full amount of the defaulted obligation described in paragraph (a) or (b) of subsection 2, as applicable, or provides evidence of satisfaction of that defaulted obligation; and

      (b) Demonstrates to the Division that any conditions which led to the default have been remedied and that such conditions no longer exist.

      4.  The Division may issue a permit to engage in a mining operation pursuant to this section to an applicant described in paragraph (c) of subsection 2 if the applicant demonstrates to the Division that the applicant or person who has a controlling interest in the corporation or business entity has remedied all issues related to the reclamation of the mining operation outside of this State and becomes in good standing with all agencies of the other state and federal agencies in relation to the reclamation of the mining operation.

      5.  As used in this section, “person who has a controlling interest” means:

      (a) The president, secretary, treasurer or equivalent thereof of the corporation or business entity;

      (b) A partner, director or trustee of the corporation or business entity; or

      (c) A person who, directly or indirectly, possesses the power to direct the management or determine the policy of the corporation or business entity resulting from, without limitation, his or her ownership of voting stock in the corporation of business entity, a contract or any other circumstance.

Ê The term does not include a person designated to act as a proxy, including, without limitation, an agent, bank, broker, nominee or custodian, for one or more persons who own voting stock unless the proxy otherwise has the power to direct the management or determine the policy of the corporation or business entity.

      Sec. 3.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 and 2 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 April 1, 2022, for all other purposes.

________

 


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ê2021 Statutes of Nevada, Page 2343ê

 

CHAPTER 386, AB 280

Assembly Bill No. 280–Assemblywomen Peters; Bilbray-Axelrod and Torres

 

CHAPTER 386

 

[Approved: June 4, 2021]

 

AN ACT relating to public restrooms; requiring places of public accommodation, public buildings and facilities owned by a public body, certain areas leased by or on behalf of a public body and certain leased areas within a state park that provide a single-stall restroom to the public to make the single-stall restroom as inclusive and accessible as possible to a person of any gender identity or expression; revising provisions relating to the signage for such single-stall restrooms; requiring certain governmental entities to include in their building codes or, if applicable, adopt by ordinance a requirement that certain buildings and facilities used by the public that contain a single-stall restroom which is available to the public be as inclusive and accessible as possible to a person of any gender identity or expression and prohibiting certain signage on such restrooms; providing a penalty; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that all persons are entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion, national origin, disability, sexual orientation, sex or gender identity or expression. (NRS 651.070) Existing law provides that a place of public accommodation means any establishment or place to which the public is invited or which is intended for public use, including, without limitation, inns, hotels, motels, restaurants, bars, gasoline stations, theaters, convention centers, bakeries, grocery stores, laundromats, museums, libraries, parks, zoos, nurseries, private schools or universities, day care centers, senior citizen centers, gymnasiums, health spas and bowling alleys. (NRS 651.050) If such a place of public accommodation provides a single-stall restroom to the public, section 1 of this bill requires the single-stall restroom to be as inclusive and accessible as possible to a person of any gender identity or expression, including, without limitation, by allowing: (1) a parent or guardian of a child to enter the single-stall restroom with the child; (2) a person with a disability to enter the single-stall restroom with his or her caregiver, if applicable; and (3) a person of any gender identity or expression to use the single-stall restroom as needed. Section 1: (1) prohibits the owner or operator of the place of public accommodation from labeling the single-stall restroom with signage that indicates the restroom is for a specific gender; and (2) authorizes the labeling of the single-stall restroom as available for use by any person, including, without limitation, by posting a sign which reads “All-Gender Bathroom” or “All-Accessible Bathroom.” Section 1 provides that a single-stall restroom is a restroom that: (1) is intended for individual use; and (2) contains a single toilet or a single urinal or contains both a toilet and a urinal, neither of which is separated from the other by enclosure within a stall. Finally, sections 1 and 6.5 of this bill provide that the provisions of sections 1 and 6.5 do not establish a private right of action or authorize the filing of a complaint with the Nevada Equal Rights Commission.

 


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ê2021 Statutes of Nevada, Page 2344 (CHAPTER 386, AB 280)ê

 

      Sections 2, 3 and 15 of this bill make conforming changes relating to the applicability of section 1 and the placement of section 1 in the Nevada Revised Statutes. Section 4 of this bill provides that any person who deprives, interferes with or punishes another person for accessing such single-stall restrooms is guilty of a misdemeanor. Section 6 of this bill authorizes any county or incorporated city of this State to adopt a local ordinance that prohibits an infringement of a person’s rights, privileges or access to such single-stall restrooms.

      Section 9 of this bill requires each county, city and any other governmental entity that adopts a building code, including school districts in larger counties, to include in its respective building code a requirement that any single-stall restroom made available to the public and contained in a permanent building or facility used by the public and that is constructed on or after October 1, 2021, comply with provisions relating to the inclusivity and accessibility and signage of single-stall restrooms that are identical to the provisions that apply to places of public accommodations in section 1. Section 9 provides that if a county or city has no building code, the county or city is required to adopt such requirements by ordinance. Sections 7, 8 and 10 of this bill make conforming changes relating to the applicability of the requirements contained in section 9 as well as the placement of section 9 in the Nevada Revised Statutes.

      Sections 11 and 12 of this bill also make provisions relating to the inclusivity and accessibility and signage of single-stall restrooms that are identical to the provisions that apply to places of public accommodations in section 1 apply to: (1) a public building or facility owned by a public body that provides a single-stall restroom to the public; and (2) an area leased by or on behalf of a public body and used primarily to provide a service to the public and certain leased areas within a state park. Section 12 provides that a contract for such a leased area that does not satisfy these requirements which is entered into on or after October 1, 2021, is void and unenforceable. Section 13 of this bill makes a conforming change relating to the placement of section 12 in the Nevada Revised Statutes. Section 14 of this bill authorizes a person to report a violation of section 12 to the Attorney General, who is required to notify the public body responsible for the alleged violation. If the public body fails to comply with the provisions of section 12, section 14 requires the Attorney General to take such action as is necessary to ensure compliance.

      Section 15.5 of this bill provides that sections 4, 5 and 14, which are the enforcement provisions of this bill, do not become effective until February 1, 2022.

      Section 15.2 of this bill makes an appropriation to the Division of State Parks of the State Department of Conservation and Natural Resources for the costs of replacement signage and mounting hardware at restrooms in state parks.

 

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

      1.  The owner or operator of a place of public accommodation that provides a single-stall restroom to the public shall make the single-stall restroom as inclusive and accessible as possible to a person of any gender identity or expression, including, without limitation, by allowing:

      (a) A parent or guardian of a child to enter the single-stall restroom with the child;

      (b) A person with a disability to enter the single-stall restroom with his or her caregiver, if applicable; and

 


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ê2021 Statutes of Nevada, Page 2345 (CHAPTER 386, AB 280)ê

 

      (c) A person of any gender identity or expression to use the single-stall restroom as needed.

      2.  The owner or operator of a place of public accommodation that provides a single-stall restroom to the public:

      (a) Shall not label the single-stall restroom with gendered signage; and

      (b) May label the single-stall restroom as available for use by any person, including, without limitation, by posting a sign that reads “All-Gender Bathroom” or “All-Accessible Bathroom.”

      3.  The provisions of this section do not:

      (a) Establish a private right of action against an owner or operator described in subsection 1; or

      (b) Authorize the filing of a complaint with the Nevada Equal Rights Commission,

Ê for a violation of the provisions of this section.

      4.  As used in this section:

      (a) “Caregiver” has the meaning ascribed to it in NRS 449A.306.

      (b) “Gendered signage” means any sign posted on a single-stall restroom that uses words or images of a person to denominate sex.

      (c) “Single-stall restroom” means a restroom that:

             (1) Is intended for individual use; and

             (2) Contains:

                   (I) A single toilet or a single urinal; or

                   (II) A toilet and a urinal, neither of which is separated from the other by enclosure within a stall.

      Sec. 2. NRS 651.060 is hereby amended to read as follows:

      651.060  The provisions of NRS 651.050 to 651.110, inclusive, and section 1 of this act do not apply to any private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available to the customers or patrons of an establishment within the scope of NRS 651.050.

      Sec. 3. NRS 651.065 is hereby amended to read as follows:

      651.065  1.  Notwithstanding any provision of NRS 651.050 to 651.110, inclusive, and section 1 of this act, it is not unlawful and is not a ground for a civil action for any place of public accommodation to offer differential pricing, discounted pricing or special offers based on sex to promote or market the place of public accommodation.

      2.  As used in this section, “place of public accommodation” has the meaning ascribed to it in NRS 651.050.

      Sec. 4. NRS 651.080 is hereby amended to read as follows:

      651.080  1.  Any person is guilty of a misdemeanor who:

      (a) Withholds, denies, deprives or attempts to withhold, deny or deprive any other person of any right , [or] privilege or access secured by NRS 651.070 or 651.075 [;] or section 1 of this act;

      (b) Intimidates, threatens, coerces or attempts to threaten, intimidate or coerce any other person for the purpose of interfering with any right , [or] privilege or access secured by NRS 651.070 or 651.075 [;] or section 1 of this act; or

      (c) Punishes or attempts to punish any other person for exercising or attempting to exercise any right , [or] privilege or access secured by NRS 651.070 or 651.075 [.] or section 1 of this act.

 


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      2.  A prosecution for violation of a local ordinance authorized by NRS 651.100 is a bar to any prosecution pursuant to this section.

      Sec. 5. (Deleted by amendment.)

      Sec. 6. NRS 651.100 is hereby amended to read as follows:

      651.100  Any county or incorporated city of this state may adopt a local ordinance prohibiting infringement of the rights , [or] privileges or access secured by NRS 651.070 or 651.075 [,] or section 1 of this act, but such an ordinance must not apply to any establishment outside the scope of NRS 651.050 and 651.060 or impose a penalty more severe than that provided by NRS 651.075 or 651.080. A prosecution pursuant to NRS 651.075 or 651.080 is a bar to any prosecution pursuant to an ordinance authorized by this section.

      Sec. 6.5. NRS 651.110 is hereby amended to read as follows:

      651.110  [Any]

      1.  Except as otherwise provided in subsection 2, any person who believes he or she has been denied full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation because of discrimination or segregation based on race, color, religion, national origin, disability, sexual orientation, sex or gender identity or expression may file a complaint to that effect with the Nevada Equal Rights Commission.

      2.  A complaint may not be filed with the Nevada Equal Rights Commission for a violation of section 1 of this act.

      Sec. 7. NRS 244.3675 is hereby amended to read as follows:

      244.3675  Subject to the limitations set forth in NRS 244.368, 278.02315, 278.580, 278.582, 278.584, 278.586, 444.340 to 444.430, inclusive, and 477.030, and section 9 of this act, the boards of county commissioners within their respective counties may:

      1.  Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the county.

      2.  Adopt any building, electrical, housing, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Except as otherwise provided in NRS 278.580, these fees do not apply to the State of Nevada or the Nevada System of Higher Education.

      Sec. 8. NRS 268.413 is hereby amended to read as follows:

      268.413  Subject to the limitations contained in NRS 244.368, 278.02315, 278.580, 278.582, 278.584, 278.586, 444.340 to 444.430, inclusive, and 477.030, and section 9 of this act, the city council or other governing body of an incorporated city may:

      1.  Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the city.

      2.  Adopt any building, electrical, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Except as otherwise provided in NRS 278.580, those fees do not apply to the State of Nevada or the Nevada System of Higher Education.

      Sec. 9. Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each county, city and any other governmental entity that adopts a building code shall include in its respective building code a requirement that any single-stall restroom made available to the public which is contained in a permanent building or facility used by the public that is constructed on or after October 1, 2021, be as inclusive and accessible as possible to a person of any gender identity or expression, including, without limitation, by allowing:

 


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ê2021 Statutes of Nevada, Page 2347 (CHAPTER 386, AB 280)ê

 

that any single-stall restroom made available to the public which is contained in a permanent building or facility used by the public that is constructed on or after October 1, 2021, be as inclusive and accessible as possible to a person of any gender identity or expression, including, without limitation, by allowing:

      (a) A parent or guardian of a child to enter the single-stall restroom with the child;

      (b) A person with a disability to enter the single-stall restroom with his or her caregiver, if applicable; and

      (c) A person of any gender identity or expression to use the single-stall restroom as needed.

Ê The owner or operator of such a permanent building or facility that contains a single-stall restroom which is available to the public shall not label the single-stall restroom with gendered signage, but may label the single-stall restroom as available for use by any person, including, without limitation, by posting a sign that reads “All-Gender Bathroom” or “All-Accessible Bathroom.”

      2.  If a county or a city has no building code, it shall adopt by ordinance a requirement that any single-stall restroom made available to the public which is contained in a permanent building or facility used by the public that is constructed on or after October 1, 2021, be as inclusive and accessible as possible as provided in subsection 1.

      3.  The provisions of this section apply, without limitation, to any school district for which a building code is adopted pursuant to subsection 2 of NRS 393.110.

      4.  As used in this section:

      (a) “Caregiver” has the meaning ascribed to it in NRS 449A.306.

      (b) “Gendered signage” means any sign posted on a single-stall restroom that uses words or images of a person to denominate sex.

      (c) “Single-stall restroom” means a restroom that:

             (1) Is intended for individual use; and

             (2) Contains:

                   (I) A single toilet or a single urinal; or

                   (II) A toilet and a urinal, neither of which is separated from the other by enclosure within a stall.

      Sec. 10. NRS 278.010 is hereby amended to read as follows:

      278.010  As used in NRS 278.010 to 278.630, inclusive, and section 9 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. 11. NRS 338.180 is hereby amended to read as follows:

      338.180  1.  The Legislature of the State of Nevada declares that:

      (a) The primary purpose of this section is to provide, subject to the limitations set forth in this section, for the removal and elimination of architectural barriers to persons with a physical handicap in public buildings and facilities designed after July 1, 1973, in order to encourage and facilitate the employment of persons with a physical handicap and to make public buildings accessible to and usable by persons with a physical handicap; and

 


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ê2021 Statutes of Nevada, Page 2348 (CHAPTER 386, AB 280)ê

 

      (b) It is the intent of the Legislature that insofar as possible all buildings and facilities used by the public be accessible to, and functional for, persons with a physical handicap, without loss of function, space or facility where the general public is concerned.

      2.  All plans and specifications for the construction of public buildings and facilities owned by a public body must, after July 1, 1973, provide facilities and features for persons with a physical handicap so that buildings which are normally used by the public are constructed with entrance ramps, toilet facilities, drinking fountains, doors and public telephones accessible to and usable by persons with a physical handicap. In addition, all plans and specifications for the construction or alteration of public buildings and facilities owned by a public body must comply with the applicable requirements of the:

      (a) Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations;

      (b) Minimum Guidelines and Requirements for Accessible Design, 36 C.F.R. §§ 1190.1 et seq.; and

      (c) Fair Housing Act, 42 U.S.C. § 3604, and the regulations adopted pursuant thereto.

Ê The requirements of paragraph (a) of this subsection are not satisfied if the plans and specifications comply solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.

      3.  All public bodies shall, in the design, construction and alteration of public buildings and facilities comply with the applicable requirements of the:

      (a) Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations;

      (b) Minimum Guidelines and Requirements for Accessible Design, 36 C.F.R. §§ 1190.1 et seq.; and

      (c) Fair Housing Act, 42 U.S.C. § 3604, and the regulations adopted pursuant thereto.

Ê The requirements of paragraph (a) of this subsection are not satisfied if the public body complies solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.

      4.  In each public building and facility owned by a public body, each entrance to a corridor which leads to a toilet facility must be marked with a sign which:

      (a) Conforms to the requirements related to signage contained in §§ 4.30 et seq. of the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations; and

      (b) Uses symbols, raised letters and Braille to:

 


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ê2021 Statutes of Nevada, Page 2349 (CHAPTER 386, AB 280)ê

 

             (1) Identify the toilet facility and the gender of persons who may use the toilet facility; and

             (2) If the toilet facility is for the exclusive use of persons of one gender:

                   (I) Indicate that the toilet facility is for the exclusive use of persons of that gender; and

                   (II) Provide direction to a toilet facility that may be used by persons of the other gender.

      5.  A public body that owns a public building or facility which provides a single-stall restroom to the public shall make the single-stall restroom as inclusive and accessible as possible to a person of any gender identity or expression, including, without limitation, by allowing:

      (a) A parent or guardian of a child to enter the single-stall restroom with the child;

      (b) A person with a disability to enter the single-stall restroom with his or her caregiver, if applicable; and

      (c) A person of any gender identity or expression to use the single-stall restroom as needed.

Ê The public body that owns the public building or facility which provides a single-stall restroom to the public shall not label the single-stall restroom with gendered signage and may label the single-stall restroom as available for use by any person, including, without limitation, by posting a sign which reads “All-Gender Bathroom” or “All-Accessible Bathroom.”

      6.  The Division shall verify that all public buildings and facilities owned by the State of Nevada conform with the requirements of this section. Each political subdivision shall verify that all public buildings and facilities owned by the political subdivision conform with the requirements of this section.

      [6.] 7.  A person may report a violation of this section to the Attorney General.

      [7.] 8.  Upon receiving a report pursuant to subsection [6,] 7, the Attorney General shall notify the public body responsible for the alleged violation. Not later than 30 days after receiving such a notification, the public body shall:

      (a) Present evidence to the Attorney General that it is in compliance with this section; or

      (b) Begin any action necessary to comply with the requirements of this section and notify the Attorney General of the date on which it will be in compliance with those requirements.

      [8.] 9.  If the public body responsible for the alleged violation fails to comply with this section, the Attorney General shall take such action as is necessary to ensure compliance with this section, including, without limitation, commencing proceedings in a court of competent jurisdiction, if appropriate.

      10.  The provisions of this section do not:

      (a) Establish a private right of action against a public body described in subsection 5 or 6; or

      (b) Authorize the filing of a complaint with the Nevada Equal Rights Commission,

Ê for a violation of the provisions of subsection 5.

 


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ê2021 Statutes of Nevada, Page 2350 (CHAPTER 386, AB 280)ê

 

      11.  As used in this section:

      (a) “Caregiver” has the meaning ascribed to it in NRS 449A.306.

      (b) “Gendered signage” means any sign posted on a single-stall restroom that uses words or images of a person to denominate sex.

      (c) “Single-stall restroom” means a restroom that:

             (1) Is intended for individual use; and

             (2) Contains:

                   (I) A single toilet or a single urinal; or

                   (II) A toilet and a urinal, neither of which is separated from the other by enclosure within a stall.

      Sec. 12. Chapter 444 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The owner or operator of an area that is leased by or on behalf of a public body and is used primarily to provide a service to the public and which provides a single-stall restroom to the public, or such a leased area that is part of a complex of leased areas that provides a single-stall restroom to the public within the common area of the complex, must make the single-stall restroom as inclusive and accessible as possible to a person of any gender identity or expression, including, without limitation, by allowing:

      (a) A parent or guardian of a child to enter the single-stall restroom with the child;

      (b) A person with a disability to enter the single-stall restroom with his or her caregiver, if applicable; and

      (c) A person of any gender identity or expression to use the single-stall restroom as needed.

      2.  The owner or operator of the leased area that provides a single-stall restroom to the public:

      (a) Shall not label the single-stall restroom with gendered signage; and

      (b) May label the single-stall restroom as available for use by any person, including, without limitation, by posting a sign that reads “All-Gender Bathroom” or “All-Accessible Bathroom.”

      3.  The provisions of this section apply to such a leased area within a state park that provides a single-stall restroom to the public.

      4.  A contract for such a leased area that does not satisfy the requirements of this section which is entered into on or after October 1, 2021, is void and unenforceable.

      5.  The provisions of this section do not:

      (a) Establish a private right of action against an owner or operator described in subsection 1; or

      (b) Authorize the filing of a complaint with the Nevada Equal Rights Commission,

Ê for a violation of the provisions of this section.

      6.  As used in this section:

      (a) “Caregiver” has the meaning ascribed to it in NRS 449A.306.

      (b) “Gendered signage” means any sign posted on a single-stall restroom that uses words or images of a person to denominate sex.

      (c) “Single-stall restroom” means a restroom that:

             (1) Is intended for individual use; and

             (2) Contains:

 


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ê2021 Statutes of Nevada, Page 2351 (CHAPTER 386, AB 280)ê

 

                   (I) A single toilet or a single urinal; or

                   (II) A toilet and a urinal, neither of which is separated from the other by enclosure within a stall.

      Sec. 13. NRS 444.047 is hereby amended to read as follows:

      444.047  As used in this section and NRS 444.048 and 444.049 [,] and section 12 of this act, unless the context otherwise requires, “public body” means a governmental body of the State of Nevada, including, without limitation, an agency, department, division or political subdivision of the State of Nevada, or a local governmental body, including, without limitation, a county, city, municipality, township, school district or quasi-municipal corporation.

      Sec. 14. NRS 444.049 is hereby amended to read as follows:

      444.049  1.  A person may report a violation of NRS 444.048 or section 12 of this act to the Attorney General of the State of Nevada.

      2.  Upon receiving a report pursuant to subsection 1, the Attorney General shall notify the public body responsible for the alleged violation. Not later than 30 days after receiving such notification, the public body shall:

      (a) Present evidence to the Attorney General that it is in compliance with NRS 444.048 [;] or section 12 of this act; or

      (b) Begin any action necessary to comply with the requirements of NRS 444.048 or section 12 of this act and notify the Attorney General of the date on which it will be in compliance with those requirements.

      3.  If the public body fails to comply with NRS 444.048 [,] or section 12 of this act, the Attorney General shall take such action as is necessary to ensure compliance with NRS 444.048 [,] or section 12 of this act, including, without limitation, commencing proceedings in a court of competent jurisdiction, if appropriate.

      Sec. 15. NRS 447.135 is hereby amended to read as follows:

      447.135  1.  Each owner, lessor, lessee or operator of a public accommodation shall mark each entrance to a corridor in the public accommodation which leads to a toilet facility with a sign which:

      (a) Conforms to the requirements related to signage contained in §§ 4.30 et seq. of the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations; and

      (b) Uses symbols, raised letters and Braille to [:] , except as otherwise provided in section 1 of this act:

             (1) Identify the toilet facility and the gender of persons who may use the toilet facility; and

             (2) If the toilet facility is for the exclusive use of persons of one gender:

                   (I) Indicate that the toilet facility is for the exclusive use of persons of that gender; and

                   (II) Provide direction to a toilet facility that may be used by persons of the other gender.

      2.  A person may report a violation of subsection 1 to the Attorney General.

      3.  Upon receiving a report pursuant to subsection 2, the Attorney General shall notify the owner, lessor, lessee or operator of the public accommodation of the alleged violation.

 


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ê2021 Statutes of Nevada, Page 2352 (CHAPTER 386, AB 280)ê

 

accommodation of the alleged violation. Not later than 30 days after receiving such a notification, the owner, lessor, lessee or operator of the public accommodation shall:

      (a) Present evidence to the Attorney General that the public accommodation is in compliance with subsection 1; or

      (b) Begin any action necessary to comply with the requirements of subsection 1 and notify the Attorney General of the date on which the public accommodation will be in compliance with those requirements.

      4.  If the owner, lessor, lessee or operator of the public accommodation fails to comply with subsection 1, the Attorney General shall take such action as is necessary to ensure compliance with subsection 1, including, without limitation, commencing proceedings in a court of competent jurisdiction, if appropriate.

      5.  As used in this section, “public accommodation” has the meaning ascribed to it in 42 U.S.C. § 12181.

      Sec. 15.2.  1.  There is hereby appropriated from the State General Fund to the Division of State Parks of the State Department of Conservation and Natural Resources the sum of $40,320 for the costs of replacement signage and mounting hardware for restrooms in state parks to comply with the provisions of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.

      Sec. 15.5.  1.  This section and section 15.2 of this act become effective upon passage and approval.

      2.  Sections 1, 2, 3, 6 to 13, inclusive, and 15 of this act become effective on October 1, 2021.

      3.  Sections 4, 5 and 14 of this act become effective on February 1, 2022.

________

 


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ê2021 Statutes of Nevada, Page 2353ê

 

CHAPTER 387, AB 341

Assembly Bill No. 341–Assemblyman Yeager

 

CHAPTER 387

 

[Approved: June 4, 2021]

 

AN ACT relating to cannabis; providing for the licensure and regulation by the Cannabis Compliance Board of cannabis consumption lounges; setting forth certain requirements for the licensure of cannabis consumption lounges; setting forth certain requirements for the operation of retail cannabis consumption lounges and independent cannabis consumption lounges; requiring the Board to adopt regulations establishing certain fees; revising provisions relating to certain cannabis products; revising provisions relating to the consumption of cannabis in a public place; establishing provisions relating to the civil liability of a person who serves, sells or furnishes cannabis or cannabis products to another person; revising provisions relating to the excise tax on retail sales of cannabis and cannabis products; exempting certain persons from certain provisions prohibiting a person from maintaining a place for the purpose of unlawfully selling, giving away or using any controlled substance; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the licensure and regulation of persons and establishments in the cannabis industry in this State by the Cannabis Compliance Board. (Title 56 of NRS) Under existing law, a cannabis establishment is prohibited from allowing a person to consume cannabis on the property or premises of the establishment. (NRS 678B.510) Existing law also makes it a misdemeanor to consume cannabis or a cannabis product in a public place, in an adult-use cannabis retail store or in a vehicle. (NRS 678D.310) This bill provides for the licensure and regulation by the Board of certain businesses at which the consumption of certain cannabis and cannabis products is allowed. Section 2 of this bill designates such businesses generally as “cannabis consumption lounges.”

      Sections 3 and 5 of this bill designate two types of cannabis consumption lounges. Section 5 of this bill defines “retail cannabis consumption lounge” to mean a business at which the consumption of single-use or ready-to-consume cannabis products is allowed and which is attached or immediately adjacent to an adult-use cannabis retail store. Section 3 of this bill defines “independent cannabis consumption lounge” to mean a business at which the consumption of single-use or ready-to-consume cannabis products is allowed and which is not attached or immediately adjacent to an adult-use cannabis retail store.

      Section 5.5 of this bill defines “single-use cannabis product” to generally mean a type of cannabis or adult-use cannabis product that the Board has determined to be appropriate for consumption in a cannabis consumption lounge. Section 4 of this bill defines “ready-to-consume cannabis product” to mean an adult-use edible cannabis product that is presented as a foodstuff or beverage and is intended for immediate consumption. Section 28 of this bill requires the Board to adopt regulations designating types of cannabis and cannabis products as single-use cannabis products and establishing requirements for the preparation and sale of ready-to-consume cannabis products. Sections 19 and 30 of this bill provide that certain requirements for cannabis products established under existing law do not apply to ready-to-consume cannabis products to the extent that such requirements are inconsistent with the regulations adopted by the Board.

 


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ê2021 Statutes of Nevada, Page 2354 (CHAPTER 387, AB 341)ê

 

      Existing law prohibits a person from engaging in the business of an adult-use cannabis establishment unless the person has been issued an adult-use cannabis establishment license by the Board. Existing law sets forth certain requirements to obtain such a license. (NRS 678B.250) Section 7 of this bill includes a retail cannabis consumption lounge and an independent cannabis consumption lounge within the definition of “adult-use cannabis establishment” provided under existing law, thereby requiring persons who wish to operate such establishments to obtain an adult-use cannabis establishment license in the manner provided in existing law. (NRS 678A.035)

      Sections 13.5 and 14 of this a bill prohibit a cannabis establishment, including a cannabis consumption lounge, from being located on the property of an airport.

      Section 10 of this bill prohibits the Board from issuing an adult-use cannabis establishment license for a retail cannabis consumption lounge unless: (1) the applicant holds an adult-use cannabis establishment license for an adult-use cannabis retail store which is operational; and (2) the location of the proposed retail cannabis consumption lounge is attached or immediately adjacent to the adult-use cannabis retail store. Sections 10 and 14 of this bill exempt a proposed retail cannabis consumption lounge from certain restrictions relating to the location of an adult-use cannabis establishment.

      Section 11 of this bill requires the Board to adopt regulations establishing criteria to determine whether an applicant for the issuance or renewal of an adult-use cannabis establishment license for an independent cannabis consumption lounge qualifies as a social equity applicant, which is defined by section 9 of this bill generally as an applicant that has been adversely affected by previous laws that criminalized activity relating to cannabis. Section 12 of this bill requires the Board to adopt regulations establishing criteria of merit and scoring guidelines to be used in evaluating applications for an adult-use cannabis establishment license for a retail cannabis consumption lounge or an independent cannabis consumption lounge. Section 17 of this bill establishes fees for the issuance and renewal of such licenses. Section 17 authorizes the Board to reduce certain fees associated with an adult-use cannabis establishment license for an independent cannabis consumption lounge for social equity applicants. Section 16 of this bill makes a conforming change to reflect the addition of the requirements of section 12.

      Section 12.4 of this bill prohibits the Board, with certain exceptions, from issuing more than 20 adult-use cannabis establishment licenses for an independent cannabis consumption lounge. However, if on or before June 30, 2022, the Board issues 20 such licenses, section 12.4 authorizes the Board to issue additional licenses, so long as the total number of adult-use cannabis establishment licenses for an independent cannabis consumption lounge does not, at any time, exceed the number of adult-use cannabis establishment licenses for a retail cannabis consumption lounge issued by the Board. Section 12.4 also requires that at least 10 of the first 20 adult-use cannabis establishment licenses for an independent cannabis consumption lounge issued by the Board be issued to social equity applicants. Section 12.5 of this bill sets forth certain requirements for the issuance of adult-use cannabis establishment licenses for retail cannabis consumption lounges and independent cannabis consumption lounges in a local governmental jurisdiction that limits the number of business licenses issued to cannabis consumption lounges, which include, among other requirements, that a certain number of adult-use cannabis establishment licenses for independent cannabis consumption lounges be issued to social equity applicants.

      Existing law prohibits the Board from issuing more than a certain number of adult-use cannabis establishment licenses to any one person, group of persons or entity in certain counties. (NRS 678B.270) Section 15 of this bill provides that this prohibition does not apply to adult-use cannabis establishment licenses for retail cannabis consumption lounges or independent cannabis consumption lounges. Instead, section 12.7 of this bill generally prohibits the Board from issuing more than one such license to any one person. Section 12.7 provides an exception to this prohibition for certain transfers of such licenses. Section 12.3 of this bill prohibits the Board from issuing to any one person both an adult-use cannabis establishment license for an adult-use cannabis retail store and an adult-use cannabis establishment license for an independent cannabis consumption lounge.

 


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ê2021 Statutes of Nevada, Page 2355 (CHAPTER 387, AB 341)ê

 

license for an adult-use cannabis retail store and an adult-use cannabis establishment license for an independent cannabis consumption lounge. Section 20 of this bill requires the Board to adopt regulations prescribing the manner in which it will determine whether a person who holds an adult-use cannabis establishment license is ineligible to hold additional licenses pursuant to sections 12.3 and 12.7.

      Existing law requires the Board to adopt regulations regarding the transfer of licenses issued by the Board. (NRS 678B.380) Section 16.5 of this bill requires those regulations to impose certain requirements and restrictions on the transfer an adult-use cannabis establishment license for an independent cannabis consumption lounge.

      Sections 22 and 24 of this bill set forth certain requirements and restrictions relating to the operation of a cannabis consumption lounge. Section 24 prohibits, among other things, the consumption of any cannabis or cannabis product at a cannabis consumption lounge that is not a single-use cannabis product or ready-to-consume cannabis product. Section 23 of this bill authorizes a cannabis consumption lounge to engage in certain activities. Section 20 requires the Board to adopt certain regulations concerning the operation of cannabis consumption lounges.

      Section 25 of this bill authorizes a retail cannabis consumption lounge to obtain single-use cannabis products from the adult-use cannabis retail store to which the lounge is attached or adjacent and sell such products to customers of the lounge. Section 25 also authorizes a retail cannabis consumption lounge to prepare and sell ready-to-consume cannabis products.

      Section 27 of this bill requires an independent cannabis consumption lounge to enter into a contract with one or more adult-use cannabis retail stores to obtain single-use cannabis products for resale and cannabis or cannabis products for use in the preparation of ready-to-consume cannabis products. Section 27 authorizes an independent cannabis consumption lounge that has entered into such a contract to: (1) sell single-use cannabis products to customers of the lounge; and (2) prepare and sell ready-to-consume cannabis products to customers of the lounge.

      Existing law prohibits a board of county commissioners, the governing body of an incorporated city or a town board from licensing or otherwise allowing a person to operate a business that allows cannabis or cannabis products to be consumed on the premises of the business. (NRS 244.335, 268.095, 269.170) Existing law eliminates this prohibition effective July 1, 2021. (Section 246 of chapter 595, Statutes of Nevada 2019, at page 3896) Sections 36.7 and 36.9 of this bill remove the prospective elimination of this prohibition. Instead, sections 30.6-30.9 of this bill prohibit, with certain exceptions, such a local government from licensing or otherwise allowing the operation of a business that allows cannabis or cannabis products to be consumed on the premises of the business, other than a cannabis consumption lounge, in accordance with the provisions of this bill.

      Section 30.5 of this bill establishes provisions relating to the civil liability of a person who serves, sells or furnishes cannabis or a cannabis product to another person for damages caused as a result of the consumption of the cannabis or cannabis product, which are based on similar provisions of existing law concerning alcoholic beverages. (NRS 41.1305)

      Existing law imposes an excise tax on each retail sale of cannabis or cannabis products by an adult-use cannabis retail store. (NRS 372A.290) Section 34 of this bill applies this excise tax to retail sales of cannabis and cannabis products by a cannabis consumption lounge. Sections 31 and 33 of this bill make conforming changes to reflect the imposition of the excise tax on such sales.

      Section 18 of this bill revises provisions of existing law prohibiting the consumption of cannabis and cannabis products in a cannabis establishment for the purpose of authorizing a person to engage in such activities in a cannabis consumption lounge. (NRS 678B.510)

      Existing law prohibits, in general, the consumption of cannabis or cannabis products in a public place. (NRS 678C.300, 678D.300, 678D.310) Section 12.9 of this bill authorizes the Board to adopt regulations setting forth circumstances under which a person is authorized to consume cannabis or cannabis products in a public place. Sections 20.5, 28.5 and 29 of this bill revise provisions of existing law prohibiting a person from consuming cannabis or cannabis products in a public place for the purpose of authorizing a person to engage in such activities in a public place in accordance with the regulations adopted by the Board pursuant to section 12.9.

 


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prohibiting a person from consuming cannabis or cannabis products in a public place for the purpose of authorizing a person to engage in such activities in a public place in accordance with the regulations adopted by the Board pursuant to section 12.9. However, section 12.9 also provides that the provisions of section 12.9 do not prohibit a local government from adopting and enforcing an ordinance or rule governing the consumption of cannabis or cannabis products in a public place which is more restrictive than the regulations adopted by the Board.

      Existing law prohibits a person from opening or maintaining a place for the purpose of unlawfully selling, giving away or using any controlled substance. (NRS 453.316) Section 36 of this bill exempts from the application of this provision: (1) a cannabis consumption lounge whose activities are confined to those authorized under the provisions of this bill; and (2) any person who opens or maintains a public place at which a person is authorized to consume cannabis or cannabis products pursuant to regulations adopted by the Board pursuant to section 12.9 and whose activities are confined to those authorized by such regulations.

      Section 36.3 of this bill requires the Board to provide each person who, on July 1, 2021, holds an adult-use cannabis establishment license for an adult-use cannabis retail store a written notification informing the person that the person may be eligible to hold an adult-use cannabis establishment license for a retail cannabis consumption lounge.

      Section 36.5 of this bill requires the Board, on or before January 1, 2023, to submit to the Legislature a report containing certain information regarding the effect of certain violations of the Nevada Unfair Trade Practice Act on independent cannabis consumption lounges.

      Sections 2-5.5 and 9 of this bill define words and terms applicable to the provisions of this bill. Sections 6 and 32 of this bill make conforming changes to properly place new language in the Nevada Revised Statutes. Section 35 of this bill makes a conforming change to reflect the addition of the provisions of section 17.

 

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 678A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5.5, inclusive, of this act.

      Sec. 2. “Cannabis consumption lounge” means:

      1.  A retail cannabis consumption lounge; or

      2.  An independent cannabis consumption lounge.

      Sec. 3. “Independent cannabis consumption lounge” means a business that:

      1.  Is licensed by the Board pursuant to NRS 678B.250;

      2.  Is not attached or immediately adjacent to an adult-use cannabis retail store; and

      3.  Allows single-use cannabis products or ready-to-consume cannabis products to be consumed on the premises of the business by persons 21 years of age or older.

      Sec. 4. “Ready-to-consume cannabis product” means an adult-use edible cannabis product that is:

      1.  Prepared on the premises of a cannabis consumption lounge;

      2.  Presented in the form of a foodstuff or beverage;

      3.  Sold in a heated or unheated state; and

      4.  Intended for immediate consumption.

      Sec. 5. “Retail cannabis consumption lounge” means a business that:

 


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      1.  Is licensed by the Board pursuant to NRS 678B.250;

      2.  Is attached or immediately adjacent to an adult-use cannabis retail store; and

      3.  Allows single-use cannabis products or ready-to-consume cannabis products to be consumed on the premises of the business by persons 21 years of age or older.

      Sec. 5.5. “Single-use cannabis product” means a type of cannabis or adult-use cannabis product, other than a ready-to-consume cannabis product, that the Board has determined to be appropriate for consumption in a cannabis consumption lounge pursuant to section 28 of this act.

      Sec. 6. NRS 678A.010 is hereby amended to read as follows:

      678A.010  As used in this title, unless the context otherwise requires, the words and terms defined in NRS 678A.020 to 678A.240, inclusive, and sections 2 to 5.5, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 7. NRS 678A.035 is hereby amended to read as follows:

      678A.035  “Adult-use cannabis establishment” means:

      1.  An adult-use cannabis independent testing laboratory;

      2.  An adult-use cannabis cultivation facility;

      3.  An adult-use cannabis production facility;

      4.  An adult-use cannabis retail store; [or]

      5.  An adult-use cannabis distributor [.] ;

      6.  A retail cannabis consumption lounge; or

      7.  An independent cannabis consumption lounge.

      Sec. 8. Chapter 678B of NRS is hereby amended by adding thereto the provisions set forth as sections 9 to 12.9, inclusive, of this act.

      Sec. 9. “Social equity applicant” means an applicant for the issuance or renewal of an adult-use cannabis establishment license for an independent cannabis consumption lounge who has been adversely affected by provisions of previous laws which criminalized activity relating to cannabis, as determined by the Board in accordance with the regulations adopted pursuant to section 11 of this act. Such adverse effects may include, without limitation, adverse effects on an owner or officer of the applicant.

      Sec. 10.  1.  The Board shall not issue an adult-use cannabis establishment license for a retail cannabis consumption lounge pursuant to NRS 678B.250 unless:

      (a) The applicant holds an adult-use cannabis establishment license for an adult-use cannabis retail store;

      (b) The adult-use cannabis retail store for which the applicant holds an adult-use cannabis establishment license is operational; and

      (c) The location of the proposed retail cannabis consumption lounge is attached or immediately adjacent to the adult-use cannabis retail store for which the applicant holds an adult-use cannabis establishment license.

      2.  The location of a proposed retail cannabis consumption lounge:

      (a) Except as otherwise provided in paragraph (b), is not subject to the restrictions set forth in sub-subparagraph (II) of subparagraph (2) of paragraph (a) of subsection 3 of NRS 678B.250 so long as the adult-use cannabis retail store to which the proposed retail cannabis consumption lounge is to be attached or immediately adjacent was in compliance with such requirements at the time it was issued an adult-use cannabis establishment license; and

 


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      (b) Must not be on the property of an airport.

      Sec. 11. 1.  The Board shall adopt regulations establishing criteria to be used by the Board for determining whether an applicant for the issuance or renewal of an adult-use cannabis establishment license for an independent cannabis consumption lounge qualifies as a social equity applicant for the purposes of this chapter.

      2.  The regulations adopted pursuant to subsection 1 must establish the minimum percentage of ownership in a proposed independent cannabis consumption lounge which will be held by a person or group of persons who have been adversely affected by provisions of previous laws which criminalized activity relating to cannabis for the applicant to qualify as a social equity applicant.

      Sec. 12. 1.  The Board shall adopt regulations establishing criteria of merit and scoring guidelines to be used by the Board in evaluating applications for the issuance of an adult-use cannabis establishment license for a retail cannabis consumption lounge or an independent cannabis consumption lounge pursuant to NRS 678B.250.

      2.  In determining whether to issue an adult-use cannabis establishment license for a retail cannabis consumption lounge or an independent cannabis consumption lounge pursuant to NRS 678B.250, the Board shall, in addition to the factors set forth in that section, consider the criteria of merit and scoring guidelines established pursuant to subsection 1.

      3.  The scoring guidelines established pursuant to subsection 1 must establish a minimum required score for the issuance of an adult-use cannabis establishment license for a retail cannabis consumption lounge or an independent cannabis consumption lounge.

      4.  The criteria of merit established pursuant to subsection 1 must include, without limitation:

      (a) For a proposed independent cannabis consumption lounge:

             (1) The diversity on the basis of race, ethnicity or gender of the applicant or the persons who are proposed to be owners or officers of the proposed independent cannabis consumption lounge; and

             (2) Whether the applicant qualifies as a social equity applicant; and

      (b) Any other criteria of merit that the Board determines to be relevant.

      Sec. 12.3. The Board shall not issue to any one person both an adult-use cannabis establishment license for an adult-use cannabis retail store and an adult-use cannabis establishment license for an independent cannabis consumption lounge.

      Sec. 12.4. 1.  Except as otherwise provided in subsection 2, the Board shall not issue more than 20 adult-use cannabis establishment licenses for an independent cannabis consumption lounge.

      2.  If, on or before June 30, 2022, the Board issues 20 adult-use cannabis establishment licenses for an independent cannabis consumption lounge, the Board may thereafter issue adult-use cannabis establishment licenses for independent cannabis consumption lounges in amounts that exceed the limit set forth in subsection 1, so long as the total number of such licenses issued by the Board does not, at any time, exceed the total number of adult-use cannabis establishment licenses for a retail cannabis consumption lounge issued by the Board.

 


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      3.  At least 10 of the first 20 adult-use cannabis establishment licenses for an independent cannabis consumption lounge issued by the Board must be issued to social equity applicants.

      Sec. 12.5. 1.  The Board shall, for each local governmental jurisdiction that limits the number of business licenses which may be issued to cannabis consumption lounges, determine the number of licenses allocated to the jurisdiction for retail cannabis consumption lounges and independent cannabis consumption lounges.

      2.  Not more than 50 percent of the licenses allocated by the Board pursuant to subsection 1 may be issued to retail cannabis consumption lounges.

      3.  Except as otherwise provided in this subsection, at least 50 percent of the licenses allocated to a local governmental jurisdiction pursuant to subsection 1 must be issued to independent cannabis consumption lounges. At least 50 percent of the licenses issued to independent cannabis consumption lounges must be issued to social equity applicants. If there are an insufficient number of social equity applicants to distribute licenses in that manner, the local governmental jurisdiction shall issue business licenses to all qualified social equity applicants and hold the remaining business licenses in reserve for future issuance to social equity applicants.

      4.  If the number of qualified applicants in a local governmental jurisdiction exceeds the number of licenses allocated to that jurisdiction pursuant to subsection 1, the Board shall issue adult-use cannabis establishment licenses for retail cannabis consumption lounges and independent cannabis consumption lounges in the local governmental jurisdiction to qualified applicants who are not social equity applicants using a separate lottery system for each type of license.

      5.  As used in this section, “local governmental jurisdiction” means a city or unincorporated area within a county.

      Sec. 12.7. 1.  Except as otherwise provided in subsection 2, the Board shall not issue:

      (a) More than one adult-use cannabis establishment license for an independent cannabis consumption lounge to any one person;

      (b) More than one adult-use cannabis establishment license for a retail cannabis consumption lounge to any one person; or

      (c) Both an adult-use cannabis establishment license for a retail cannabis consumption lounge and an adult-use cannabis establishment license for an independent cannabis consumption lounge to any one person.

      2.  The Board may approve a transfer of an adult-use cannabis establishment license for a retail cannabis consumption lounge or an independent cannabis consumption lounge to a person that acquires a 100 percent ownership interest in a cannabis consumption lounge in a county in which the person holds another such license, if the transfer:

      (a) Complies with all requirements for the transfer of a license established by the Board pursuant to NRS 678B.380; and

      (b) Will not result in the person holding more than two adult-use cannabis establishment licenses for a retail cannabis consumption lounge, adult-use cannabis establishment licenses for an independent cannabis lounge or any combination of the two.

 


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      Sec. 12.9. 1.  The Board may adopt regulations setting forth circumstances under which a person is authorized to consume cannabis or cannabis products in a public place.

      2.  Nothing in this section shall be construed as prohibiting a local government from adopting and enforcing an ordinance or rule governing the consumption of cannabis or cannabis products in a public place in the jurisdiction of the local government which is more restrictive than the regulations adopted by the Board pursuant to subsection 1.

      Sec. 13. NRS 678B.020 is hereby amended to read as follows:

      678B.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 678B.030 to 678B.070, inclusive, and section 9 of this act have the meanings ascribed to them in those sections.

      Sec. 13.5. NRS 678B.210 is hereby amended to read as follows:

      678B.210  1.  A person shall not engage in the business of a medical cannabis establishment unless the person holds a medical cannabis establishment license issued by the Board pursuant to this section.

      2.  A person who wishes to engage in the business of a medical cannabis establishment must submit to the Board an application on a form prescribed by the Board.

      3.  Except as otherwise provided in NRS 678B.220, 678B.230 and 678B.240, not later than 90 days after receiving an application to engage in the business of a medical cannabis establishment, the Board shall register the medical cannabis establishment and issue a medical cannabis establishment license and a random 20-digit alphanumeric identification number if:

      (a) The person who wishes to operate the proposed medical cannabis establishment has submitted to the Board all of the following:

             (1) The application fee, as set forth in NRS 678B.390;

             (2) An application, which must include:

                   (I) The legal name of the proposed medical cannabis establishment;

                   (II) The physical address where the proposed medical cannabis establishment will be located and the physical address of any co-owned additional or otherwise associated medical cannabis establishments, the locations of which may not be on the property of an airport, within 1,000 feet of a public or private school that provides formal education traditionally associated with preschool or kindergarten through grade 12 and that existed on the date on which the application for the proposed medical cannabis establishment was submitted to the Board, within 300 feet of a community facility that existed on the date on which the application for the proposed medical cannabis establishment was submitted to the Board or, if the proposed medical cannabis establishment will be located in a county whose population is 100,000 or more, within 1,500 feet of an establishment that holds a nonrestricted gaming license described in subsection 1 or 2 of NRS 463.0177 and that existed on the date on which the application for the proposed medical cannabis establishment was submitted to the Board;

                   (III) Evidence that the applicant controls not less than $250,000 in liquid assets to cover the initial expenses of opening the proposed medical cannabis establishment and complying with the provisions of this title;

                   (IV) Evidence that the applicant owns the property on which the proposed medical cannabis establishment will be located or has the written permission of the property owner to operate the proposed medical cannabis establishment on that property;

 


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                   (V) For the applicant and each person who is proposed to be an owner, officer or board member of the proposed medical cannabis establishment, a complete set of the person’s fingerprints and written permission of the person authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

                   (VI) The name, address and date of birth of each person who is proposed to be an owner, officer or board member of the proposed medical cannabis establishment;

             (3) Operating procedures consistent with rules of the Board for oversight of the proposed medical cannabis establishment, including, without limitation:

                   (I) Procedures to ensure the use of adequate security measures; and

                   (II) The use of an electronic verification system and an inventory control system pursuant to NRS 678C.420 and 678C.430;

             (4) If the proposed medical cannabis establishment will sell or deliver medical cannabis products, proposed operating procedures for handling such products which must be preapproved by the Board;

             (5) If the city or county in which the proposed medical cannabis establishment will be located has enacted zoning restrictions, proof that the proposed location is in compliance with those restrictions and satisfies all applicable building requirements; and

             (6) Such other information as the Board may require by regulation;

      (b) None of the persons who are proposed to be owners, officers or board members of the proposed medical cannabis establishment have been convicted of an excluded felony offense;

      (c) None of the persons who are proposed to be owners, officers or board members of the proposed medical cannabis establishment have:

             (1) Served as an owner, officer or board member for a cannabis establishment that has had its medical cannabis establishment license or adult-use cannabis establishment license revoked;

             (2) Previously had a cannabis establishment agent registration card revoked; or

             (3) Previously had a cannabis establishment agent registration card for a cannabis executive revoked; and

      (d) None of the persons who are proposed to be owners, officers or board members of the proposed medical cannabis establishment are under 21 years of age.

      4.  For each person who submits an application pursuant to this section, and each person who is proposed to be an owner, officer or board member of a proposed medical cannabis establishment, the Board shall submit the fingerprints of the person to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to determine the criminal history of that person.

      5.  Except as otherwise provided in subsection 6, if an application for registration as a medical cannabis establishment satisfies the requirements of this section, is qualified in the determination of the Board pursuant to NRS 678B.200 and the establishment is not disqualified from being registered as a medical cannabis establishment pursuant to this section or other applicable law, the Board shall issue to the establishment a medical cannabis establishment license.

 


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ê2021 Statutes of Nevada, Page 2362 (CHAPTER 387, AB 341)ê

 

establishment license. A medical cannabis establishment license expires 1 year after the date of issuance and may be renewed upon:

      (a) Submission of the information required by the Board by regulation; and

      (b) Payment of the renewal fee set forth in NRS 678B.390.

      6.  In determining whether to issue a medical cannabis establishment license pursuant to this section, the Board shall consider the criteria of merit set forth in NRS 678B.240.

      7.  For the purposes of sub-subparagraph (II) of subparagraph (2) of paragraph (a) of subsection 3, the distance must be measured from the front door of the proposed medical cannabis establishment to the closest point of the property line of a school, community facility or gaming establishment.

      8.  As used in this section, “community facility” means:

      (a) A facility that provides day care to children.

      (b) A public park.

      (c) A playground.

      (d) A public swimming pool.

      (e) A center or facility, the primary purpose of which is to provide recreational opportunities or services to children or adolescents.

      (f) A church, synagogue or other building, structure or place used for religious worship or other religious purpose.

      Sec. 14. NRS 678B.250 is hereby amended to read as follows:

      678B.250  1.  A person shall not engage in the business of an adult-use cannabis establishment unless the person holds an adult-use cannabis establishment license issued pursuant to this section.

      2.  A person who wishes to engage in the business of an adult-use cannabis establishment must submit to the Board an application on a form prescribed by the Board.

      3.  Except as otherwise provided in NRS 678B.260, 678B.270 and 678B.280, and sections 10 and 12 to 12.7, inclusive, of this act, the Board shall issue an adult-use cannabis establishment license to an applicant if:

      (a) The person who wishes to operate the proposed adult-use cannabis establishment has submitted to the Board all of the following:

             (1) The application fee, as set forth in NRS 678B.390;

             (2) An application, which must include:

                   (I) The legal name of the proposed adult-use cannabis establishment;

                   (II) The physical address where the proposed adult-use cannabis establishment will be located and the physical address of any co-owned additional or otherwise associated adult-use cannabis establishments, the locations of which may not be on the property of an airport, within 1,000 feet of a public or private school that provides formal education traditionally associated with preschool or kindergarten through grade 12 and that existed on the date on which the application for the proposed adult-use cannabis establishment was submitted to the Board, within 300 feet of a community facility that existed on the date on which the application for the proposed adult-use cannabis establishment was submitted to the Board or, if the proposed adult-use cannabis establishment will be located in a county whose population is 100,000 or more, within 1,500 feet of an establishment that holds a nonrestricted gaming license described in subsection 1 or 2 of NRS 463.0177 and that existed on the date on which the application for the proposed adult-use cannabis establishment was submitted to the Board;

 


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                   (III) Evidence that the applicant controls liquid assets in an amount determined by the Board to be sufficient to cover the initial expenses of opening the proposed adult-use cannabis establishment and complying with the provisions of this title;

                   (IV) Evidence that the applicant owns the property on which the proposed adult-use cannabis establishment will be located or has the written permission of the property owner to operate the proposed adult-use cannabis establishment on that property;

                   (V) For the applicant and each person who is proposed to be an owner, officer or board member of the proposed adult-use cannabis establishment, a complete set of the person’s fingerprints and written permission of the person authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

                   (VI) The name, address and date of birth of each person who is proposed to be an owner, officer or board member of the proposed adult-use cannabis establishment;

             (3) Operating procedures consistent with rules of the Board for oversight of the proposed adult-use cannabis establishment, including, without limitation:

                   (I) Procedures to ensure the use of adequate security measures; and

                   (II) The use of an inventory control system;

             (4) If the proposed adult-use cannabis establishment will sell or deliver adult-use cannabis products, proposed operating procedures for handling such products which must be preapproved by the Board; and

             (5) Such other information as the Board may require by regulation;

      (b) None of the persons who are proposed to be owners, officers or board members of the proposed adult-use cannabis establishment have been convicted of an excluded felony offense;

      (c) None of the persons who are proposed to be owners, officers or board members of the proposed adult-use cannabis establishment have:

             (1) Served as an owner, officer or board member for a cannabis establishment that has had its adult-use cannabis establishment license or medical cannabis establishment license revoked;

             (2) Previously had a cannabis establishment agent registration card revoked; or

             (3) Previously had a cannabis establishment agent registration card for a cannabis executive revoked; and

      (d) None of the persons who are proposed to be owners, officers or board members of the proposed adult-use cannabis establishment are under 21 years of age.

      4.  For each person who submits an application pursuant to this section, and each person who is proposed to be an owner, officer or board member of a proposed adult-use cannabis establishment, the Board shall submit the fingerprints of the person to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to determine the criminal history of that person.

      5.  Except as otherwise provided in subsection 6, if an applicant for licensure to operate an adult-use cannabis establishment satisfies the requirements of this section, is qualified in the determination of the Board pursuant to NRS 678B.200 and is not disqualified from being licensed pursuant to this section or other applicable law, the Board shall issue to the applicant an adult-use cannabis establishment license.

 


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pursuant to this section or other applicable law, the Board shall issue to the applicant an adult-use cannabis establishment license. An adult-use cannabis establishment license expires 1 year after the date of issuance and may be renewed upon:

      (a) Submission of the information required by the Board by regulation; and

      (b) Payment of the renewal fee set forth in NRS 678B.390.

      6.  In determining whether to issue an adult-use cannabis license pursuant to this section, the Board shall consider the criteria of merit and scoring guidelines set forth in NRS 678B.280 [.] or section 12 of this act, as applicable.

      7.  For the purposes of sub-subparagraph (II) of subparagraph (2) of paragraph (a) of subsection 3, the distance must be measured from the front door of the proposed adult-use cannabis establishment to the closest point of the property line of a school, community facility or gaming establishment.

      8.  As used in this section, “community facility” means:

      (a) A facility that provides day care to children.

      (b) A public park.

      (c) A playground.

      (d) A public swimming pool.

      (e) A center or facility, the primary purpose of which is to provide recreational opportunities or services to children or adolescents.

      (f) A church, synagogue or other building, structure or place used for religious worship or other religious purpose.

      Sec. 15. NRS 678B.270 is hereby amended to read as follows:

      678B.270  1.  Except as otherwise provided in [subsection 2,] this section, to prevent monopolistic practices, the Board shall ensure, in a county whose population is 100,000 or more, that it does not issue, to any one person, group of persons or entity, the greater of:

      [1.](a) One adult-use cannabis establishment license; or

      [2.](b) More than 10 percent of the adult-use cannabis establishment licenses otherwise allocable in the county.

      2.  The provisions of this section do not apply to an adult-use cannabis establishment license for a retail cannabis consumption lounge or an independent cannabis consumption lounge.

      Sec. 16. NRS 678B.280 is hereby amended to read as follows:

      678B.280  1.  In determining whether to issue an adult-use cannabis establishment license pursuant to NRS 678B.250, other than an adult-use cannabis establishment license for a retail cannabis consumption lounge or an independent cannabis consumption lounge, the Board shall, in addition to the factors set forth in that section, consider criteria of merit established by regulation of the Board. Such criteria must include, without limitation:

      (a) Whether the applicant controls liquid assets in an amount determined by the Board to be sufficient to cover the initial expenses of opening the proposed adult-use cannabis establishment and complying with the provisions of this title;

      (b) Whether the owners, officers or board members of the proposed adult-use cannabis establishment have direct experience with the operation of a cannabis establishment in this State and have demonstrated a record of operating such an establishment in compliance with the laws and regulations of this State for an adequate period of time to demonstrate success;

 


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      (c) The educational and life experience of the persons who are proposed to be owners, officers or board members of the proposed adult-use cannabis establishment;

      (d) Whether the applicant has an integrated plan for the care, quality and safekeeping of cannabis from seed to sale;

      (e) The experience of key personnel that the applicant intends to employ in operating the type of adult-use cannabis establishment for which the applicant seeks a license;

      (f) The diversity on the basis of race, ethnicity or gender of the applicant or the persons who are proposed to be owners, officers or board members of the proposed adult-use cannabis establishment, including, without limitation, the inclusion of persons of backgrounds which are disproportionately underrepresented as owners, officers or board members of adult-use cannabis establishments; and

      (g) Any other criteria of merit that the Board determines to be relevant.

      2.  The Board shall adopt regulations for determining the relative weight of each criteria of merit established by the Board pursuant to subsection 1.

      Sec. 16.5. NRS 678B.380 is hereby amended to read as follows:

      678B.380  1.  Except as otherwise provided by regulations adopted by the Board pursuant to subsection 2, the following are nontransferable:

      (a) A cannabis establishment agent registration card.

      (b) A cannabis establishment agent registration card for a cannabis executive.

      (c) A medical cannabis establishment license.

      (d) An adult-use cannabis establishment license.

      2.  The Board shall adopt regulations which prescribe procedures and requirements by which a holder of a license may transfer the license to another party who is qualified to hold such a license pursuant to the provisions of this chapter.

      3.  The regulations adopted pursuant to subsection 2 must:

      (a) Prohibit the holder of an adult-use cannabis establishment license for an independent cannabis consumption lounge from transferring the license until at least 2 years from the date on which the independent cannabis consumption lounge for which the license was issued became operational;

      (b) Require the holder of an adult-use cannabis establishment license for an independent cannabis consumption lounge and who wishes to cease operations before the independent cannabis consumption lounge for which the license was issued has been operational for at least 2 years to surrender the license to the Board; and

      (c) Require the Board to hold a license surrendered pursuant to paragraph (b) in reserve for issuance to an applicant for such a license in the future.

      Sec. 17. NRS 678B.390 is hereby amended to read as follows:

      678B.390  1.  Except as otherwise provided in subsection [2,] 3, the Board shall collect not more than the following maximum fees:

 

For the initial issuance of a medical cannabis establishment license for a medical cannabis dispensary $30,000

For the renewal of a medical cannabis establishment license for a medical cannabis dispensary................ 5,000

 


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ê2021 Statutes of Nevada, Page 2366 (CHAPTER 387, AB 341)ê

 

For the initial issuance of a medical cannabis establishment license for a medical cannabis cultivation facility............................................................................................................................................................................... $3,000

For the renewal of a medical cannabis establishment license for a medical cannabis cultivation facility.. 1,000

For the initial issuance of a medical cannabis establishment license for a medical cannabis production facility................................................................................................................................................................................. 3,000

For the renewal of a medical cannabis establishment license for a medical cannabis production facility.. 1,000

For the initial issuance of a medical cannabis establishment license for a medical cannabis independent testing laboratory.................................................................................................................................................. 5,000

For the renewal of a medical cannabis establishment license for a medical cannabis independent testing laboratory............................................................................................................................................................... 3,000

For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis retail store 20,000

For the renewal of an adult-use cannabis establishment licens