[Rev. 9/10/2021 11:34:40 AM]

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ê2021 Statutes of Nevada, Page 3215 (CHAPTER 492, SB 325)ê

 

EMERGENCY REQUEST of Senate Majority Leader

 

CHAPTER 493, SB 450

Senate Bill No. 450–Senators Cannizzaro, Ratti, Dondero Loop, Denis, Lange; Brooks, Donate, Hardy, Kieckhefer, Ohrenschall, Scheible and Spearman

 

Joint Sponsors: Assemblymen Frierson, Benitez-Thompson, Carlton, Jauregui, Bilbray-Axelrod; Anderson, Considine and Brittney Miller

 

CHAPTER 493

 

[Approved: June 7, 2021]

 

AN ACT relating to school facilities; temporarily authorizing the boards of trustees of school districts with prior voter approval to issue general obligation bonds in certain circumstances; temporarily revising provisions governing the transfer of certain revenue to the fund for capital projects of such a school district; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the board of trustees of a school district to issue general obligation bonds to raise money for certain specified purposes related to school facilities, including, but not limited to: (1) the construction, design or purchase of new buildings for schools; (2) enlarging, remodeling or repairing existing buildings or grounds for schools; and (3) acquiring sites for building schools. (NRS 387.335)

      Under existing law, if a municipality proposes to issue or incur general obligation bonds, the proposal is required to be submitted to the qualified electors at an election. Existing law provides an exception from this requirement for the issuance of general obligation bonds of a school district if: (1) the issuance of the bonds is not expected to result in an increase in the existing property tax levy for the payment of the bonds of the school district; and (2) the voters have approved a question that authorizes the issuance of such bonds by the board of trustees of the school district for 10 years after the date of approval under two conditions. First, the board of trustees is required to make a finding that the existing tax for debt service will at least equal the amount required to pay the principal and interest on the outstanding general obligations of the school district and the general obligations proposed to be issued. Second, the board of trustees is required to obtain approval of each such bond issuance from the debt management commission in the county in which the school district is located and, in counties whose population is 100,000 or more (currently Clark and Washoe Counties), from the oversight panel for school facilities. Existing law also provides that such a question may authorize the board of trustees to transfer any excess revenue generated by the school district’s property tax for debt service to the fund for capital projects of the school district to pay for certain capital projects, commonly known as “pay as you go” funding. (NRS 350.020)

      If such a question for the issuance of bonds of a school district has been approved by the voters, existing law authorizes the board of trustees of the school district to issue general obligation bonds for one additional period of 10 years, without any further approval of the voters and regardless of whether the question was approved more than 10 years before March 4, 2015. For each issuance of bonds during that additional 10-year period, the board of trustees must make the required finding regarding the sufficiency of the existing tax to pay debt service on the bonds and obtain the approval of the debt management commission in the county and, if applicable, the oversight panel for school facilities.

 


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ê2021 Statutes of Nevada, Page 3216 (CHAPTER 493, SB 450)ê

 

obtain the approval of the debt management commission in the county and, if applicable, the oversight panel for school facilities. During the additional 10-year period, existing law also authorizes the board of trustees to use excess revenue generated from the property tax for debt service of the school district for “pay as you go” funding even though such authorization was not specifically included in the question approved by the voters. (NRS 350.0201) This bill authorizes the board of trustees of a school district to issue general obligation bonds for a second additional period of 10 years, without any further approval of the voters and regardless of whether the question was approved more than 10 years before March 4, 2025.

 

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

      If the voters approved a question that was submitted by a board of trustees of a school district in accordance with subsection 4 of NRS 350.020 for authorization to issue general obligation bonds, regardless of whether such approval occurred more than 10 years before March 4, 2025:

      1.  Such approval shall be deemed to constitute approval of the qualified electors for the issuance of general obligation bonds by the board of trustees of the school district pursuant to subsection 4 of NRS 350.020 for a period of 10 years commencing on March 4, 2025, if the question was approved by the voters more than 10 years before March 4, 2025, or otherwise commencing on the date of the expiration of the 10-year period approved by the voters in the question, and no other approval of the qualified electors is required for such issuance of general obligation bonds pursuant to the provisions of NRS 350.020 by the board of trustees of the school district for that period.

      2.  During the 10-year period in which a board of trustees is authorized to issue bonds as provided in subsection 1, all or a portion of the revenue generated by the school district’s property tax for debt service which is in excess of the amount required:

      (a) For debt service in the current fiscal year;

      (b) For other purposes related to the bonds by the instrument pursuant to which the bonds were issued; and

      (c) To maintain the reserve account required pursuant to subsection 5 of NRS 350.020,

Ê may be transferred by the board of trustees to the school district’s fund for capital projects established pursuant to NRS 387.328 and used to pay the cost of capital projects which can lawfully be paid from that fund. Any such transfer must not limit the ability of the school district to issue bonds if the findings and approvals required by subsection 4 of NRS 350.020 are obtained.

      Sec. 2.  This act becomes effective upon passage and approval.

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ê2021 Statutes of Nevada, Page 3217ê

 

CHAPTER 494, SB 173

Senate Bill No. 173–Senators Dondero Loop, Cannizzaro, Brooks; Denis, Donate, D. Harris, Lange, Ratti and Scheible

 

Joint Sponsors: Assemblywomen Anderson and Torres

 

CHAPTER 494

 

[Approved: June 7, 2021]

 

AN ACT relating to education; authorizing the board of trustees of a school district and the State Public Charter School Authority to submit to the Superintendent of Public Instruction plans to address loss of learning that occurred as a result of the COVID-19 pandemic; requiring the submission to certain entities of certain reports relating to such plans to address loss of learning; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill authorizes the board of trustees of each school district and the State Public Charter School Authority to submit to the Superintendent of Public Instruction a plan to address loss of learning that occurred as a result of the COVID-19 pandemic. Section 1 sets forth certain requirements for the plan to address loss of learning, including, without limitation, the option for pupils to attend summer school either in-person or through a program of virtual learning. Section 1 further requires the board of trustees of a school district or the governing body of a charter school, as applicable, to provide transportation and certain meals to pupils who attend summer school. Section 1 sets forth requirements relating to the hiring and payment of teachers and other personnel for summer school. Section 1 also authorizes the board of trustees of each school district or the State Public Charter School Authority to request to use federal money to administer summer school.

      Section 2 of this bill requires the board of trustees of each school district and the State Public Charter School Authority to submit a report containing certain information relating to summer school to the Superintendent of Public Instruction on or before November 30, 2021. Section 2 also requires the Superintendent of Public Instruction to submit a compilation of such reports to various governmental entities.

      Section 2 requires the board of trustees of a school district and the State Public Charter School Authority to identify separately for pupils who attended summer school in-person and through a program of virtual learning one or more measures of pupil achievement, including measures that compare the results of any standardized assessment or examination administered in the spring of the 2020-2021 school year with the results of any assessment or examination administered in the fall of the 2021-2022 school year.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  Not later than 30 days after the effective date of this act, the board of trustees of each school district and the State Public Charter School Authority may submit to the Superintendent of Public Instruction a plan to address any loss of learning that occurred as a result of the public health crisis caused by the COVID-19 pandemic. The plan must include, without limitation:

 


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ê2021 Statutes of Nevada, Page 3218 (CHAPTER 494, SB 173)ê

 

      (a) The option for pupils to attend summer school either in-person or through a program of virtual learning; and

      (b) The manner in which the school district, schools within the school district, the State Public Charter School Authority or charter schools sponsored by the State Public Charter School Authority will target pupils who are most at risk of loss of learning to receive services under the plan, including, without limitation:

             (1) Pupils who are members of a household that lacks the financial resources necessary to access services to address loss of learning;

             (2) Pupils in grade 11 or 12 who are credit deficient;

             (3) Pupils in prekindergarten or kindergarten;

             (4) Pupils in grade 1, 2 or 3 who are deficient in the subject areas of mathematics or reading;

             (5) Pupils in middle school or high school who are deficient in the subject areas of science, technology, engineering, the arts or mathematics;

             (6) Pupils with disabilities;

             (7) Pupils who are English learners; and

             (8) Pupils who are chronically absent.

      2.  The board of trustees of a school district or the governing body of a charter school, as applicable, shall provide transportation services and school breakfast and school lunch to pupils who attend summer school pursuant to subsection 1.

      3.  All persons hired to work in summer school pursuant to subsection 1, including, without limitation, teachers, other licensed personnel and support personnel:

      (a) Except as otherwise provided in subsection 4, must already have a contract to work at a school within the school district or the charter school; and

      (b) Shall receive compensation for working in summer school based upon the rate in the contract between the employee and the school, in addition to the regular compensation of the employee, subject to any collective bargaining agreement.

      4.  If a school district or charter school is unable to hire a sufficient number of persons to work in summer school pursuant to paragraph (a) of subsection 3, the school district or charter school may hire retired public employees pursuant to NRS 286.523. If a school district or charter school hires a retired public employee pursuant to this subsection, the public employee must have submitted his or her fingerprints to the school district, governing body of a charter school or Superintendent of Public Instruction, as applicable, for a report on the criminal history of the public employee recently enough that a report on the criminal history of the public employee does not have to be completed again.

      5.  The compensation that is paid to an employee pursuant to subsection 3 must not be included for the purposes of calculating the future retirement benefits of the employee.

      6.  The board of trustees of each school district and the State Public Charter School Authority may request to use federal money, including, without limitation, money received by this State to address the effects of the public health crisis caused by the COVID-19 pandemic, to administer summer school pursuant to subsection 1 from the Department of Education.

 


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ê2021 Statutes of Nevada, Page 3219 (CHAPTER 494, SB 173)ê

 

Any money remaining from the receipt of federal money pursuant to this subsection must not be committed for expenditure after December 31, 2021, and must be reverted to the appropriate fund or account on or before that date.

      Sec. 2.  1.  On or before November 30, 2021, the board of trustees of each school district and the State Public Charter School Authority shall submit to the Superintendent of Public Instruction a report on any plan to address any loss of learning developed pursuant to section 1 of this act. On or before December 31, 2021, the Superintendent of Public Instruction shall submit a compilation of the reports it receives pursuant to this subsection to:

      (a) The Fiscal Analysis Division of the Legislative Counsel Bureau;

      (b) The Governor;

      (c) The Interim Finance Committee; and

      (d) The Legislative Committee on Education.

      2.  The report submitted pursuant to subsection 1 must, without limitation:

      (a) Identify the results of summer school provided to pupils pursuant to section 1 of this act;

      (b) Outline the amount of federal money received and how federal, state and local money was used to administer summer school;

      (c) State the number of pupils who attended summer school in-person;

      (d) State the number of pupils who attended summer school through a program of virtual learning;

      (e) State the number of pupils who used transportation services;

      (f) State the number of pupils who received school breakfast or school lunch; and

      (g) Identify separately for pupils who attended summer school in-person and pupils who attended summer school through a program of virtual learning:

             (1) One or more measures of pupil achievement, including, without limitation, measures that compare the results of any standardized assessment or examination administered by the school district or charter school during the spring of the 2020-2021 school year with the results of any standardized assessment or examination administered during the fall of the 2021-2022 school year; and

             (2) The attendance of the pupils.

      Sec. 3.  This act becomes effective upon passage and approval and expires by limitation on January 1, 2022.

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ê2021 Statutes of Nevada, Page 3220ê

 

CHAPTER 495, SB 249

Senate Bill No. 249–Senator Dondero Loop

 

CHAPTER 495

 

[Approved: June 7, 2021]

 

AN ACT relating to education; requiring the board of trustees of a school district, the governing body of a charter school, a university, state college or community college to include certain information on an identification card issued to a pupil; requiring a pupil to be excused from attendance at a public school for behavioral health reasons in certain circumstances; providing that a qualified mental health professional or behavioral health professional can provide a certificate to excuse a pupil from attendance at school; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law generally requires a child between 7 and 18 years of age to attend public school. (NRS 392.040) Under existing law, a child must be excused from attendance when satisfactory evidence is presented to the board of trustees of the school district in which the child resides that the physical or mental condition of the child prevents or renders inadvisable the child’s attendance at school. Existing law provides that a certificate from a qualified physician must be taken as satisfactory evidence of the inability of the child to attend school. (NRS 392.050) Section 2 of this bill includes behavioral health among the conditions that may require a child to be excused from attendance. Section 2 also authorizes a qualified mental health professional or behavioral health professional to provide evidence of the inability of a child to attend school. Section 2 prohibits an excusal from attendance from negatively affecting the rating of a school pursuant to the statewide system of accountability for public schools.

      Section 1 of this bill requires the board of trustees of a school district or the governing body of a charter school to ensure that information relating to mental health resources appears on the back of any identification card issued to a pupil at a school. Section 2.5 of this bill establishes similar requirements for a university, state college or community college within the Nevada System of Higher Education.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:

      The board of trustees of a school district or the governing body of a charter school shall ensure that information relating to mental health resources, including, without limitation, the telephone number for a local or national suicide prevention hotline, appears on the back of any identification card issued to a pupil at a school within the school district or the charter school.

      Sec. 2. NRS 392.050 is hereby amended to read as follows:

      392.050  1.  A child must be excused from attendance required by the provisions of NRS 392.040 when satisfactory written evidence is presented to the board of trustees of the school district in which the child resides that the child’s physical or mental condition or behavioral health is such as to prevent or render inadvisable the child’s attendance at school or his or her application to study.

 


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ê2021 Statutes of Nevada, Page 3221 (CHAPTER 495, SB 249)ê

 

to the board of trustees of the school district in which the child resides that the child’s physical or mental condition or behavioral health is such as to prevent or render inadvisable the child’s attendance at school or his or her application to study.

      2.  A certificate in writing from any qualified physician , mental health professional or behavioral health professional acting within his or her authorized scope of practice, filed with the board of trustees immediately after its receipt, stating that the child is not able to attend school or that the child’s attendance is inadvisable must be taken as satisfactory evidence by the board of trustees.

      3.  A board of trustees of a school district which has excused from attendance pursuant to subsection 1 a child who, pursuant to NRS 388.417, qualifies as a pupil with a disability, shall make available to the child a free appropriate public education in compliance with the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.), as that act existed on July 1, 1995.

      4.  If a pupil is excused from attendance pursuant to subsection 1, the excusal must not negatively affect the rating of a public school as determined by the Department pursuant to the statewide system of accountability for public schools.

      Sec. 2.5. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:

      A university, state college or community college within the System shall ensure that information relating to mental health resources appears on any identification card newly issued to or reprinted for a student of the university, state college or community college. The information must include, without limitation, the telephone number and a text messaging option for the National Suicide Prevention Lifeline, or its successor organization.

      Sec. 3.  This act becomes effective on July 1, 2021.

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ê2021 Statutes of Nevada, Page 3222ê

 

CHAPTER 496, AB 286

Assembly Bill No. 286–Assemblywoman Jauregui

 

Joint Sponsor: Senator Scheible

 

CHAPTER 496

 

[Approved: June 7, 2021]

 

AN ACT relating to crimes; prohibiting a person from engaging in certain acts relating to unfinished frames or receivers under certain circumstances; prohibiting a person from engaging in certain acts relating to firearms which are not imprinted with a serial number under certain circumstances; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes various unlawful acts relating to firearms. (Chapter 202 of NRS) Sections 3-5 of this bill create additional unlawful acts relating to firearms.

      Section 3 of this bill prohibits a person from possessing, purchasing, transporting or receiving an unfinished frame or receiver unless: (1) the person is a firearms importer or manufacturer; or (2) the unfinished frame or receiver is required to be, and has been, imprinted with a serial number. Section 3 provides that a person who commits such an unlawful act: (1) for the first offense, is guilty of a gross misdemeanor; and (2) for the second or any subsequent offense, is guilty of a category D felony.

      Similarly, section 3.5 of this bill prohibits a person from selling, offering to sell or transferring an unfinished frame or receiver unless: (1) the person is a firearms importer or manufacturer and the recipient of the unfinished frame or receiver is a firearms importer or manufacturer; or (2) the unfinished frame or receiver is required to be, and has been, imprinted with a serial number. Section 3.5 provides that a person who commits such an unlawful act: (1) for the first offense, is guilty of a gross misdemeanor; and (2) for the second or any subsequent offense, is guilty of a category D felony.

      Section 4 of this bill prohibits a person from manufacturing or causing to be manufactured or assembling or causing to be assembled a firearm that is not imprinted with a serial number issued by a firearms importer or manufacturer in accordance with federal law and any regulations adopted thereunder unless the firearm is: (1) rendered permanently inoperable; (2) an antique; or (3) a collector’s item, curio or relic. Section 4 provides that a person who commits such an unlawful act: (1) for the first offense, is guilty of a gross misdemeanor; and (2) for the second or any subsequent offense, is guilty of a category D felony.

      Similarly, section 5 of this bill prohibits a person from possessing, selling, offering to sell, transferring, purchasing, transporting or receiving a firearm that is not imprinted with a serial number issued by a firearms importer or manufacturer in accordance with federal law and any regulations adopted thereunder unless: (1) the person is a law enforcement agency or a firearms importer or manufacturer; or (2) the firearm is rendered permanently inoperable, was manufactured before 1969 or is an antique, collector’s item, curio or relic. Section 5 provides that a person who commits such an unlawful act: (1) for the first offense, is guilty of a gross misdemeanor; and (2) for the second or any subsequent offense, is guilty of a category D felony. Section 5.5 of this bill provides that nothing in sections 3-5 shall be deemed to prohibit the sale of an unfinished frame or receiver or firearm that is not imprinted with a serial number to a firearms importer or manufacturer or a licensed dealer before January 1, 2022.

      Section 6 of this bill defines the terms “antique firearm,” “firearms importer or manufacturer” and “unfinished frame or receiver.” Section 7 of this bill makes a conforming change relating to the new definitions.

 


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ê2021 Statutes of Nevada, Page 3223 (CHAPTER 496, AB 286)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 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3. 1.  A person shall not possess, purchase, transport or receive an unfinished frame or receiver unless:

      (a) The person is a firearms importer or manufacturer; or

      (b) The unfinished frame or receiver is required by federal law to be imprinted with a serial number issued by a firearms importer or manufacturer and the unfinished frame or receiver has been imprinted with the serial number.

      2.  A person who violates this section:

      (a) For the first offense, is guilty of a gross misdemeanor; and

      (b) For the second or any subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 3.5. 1.  A person shall not sell, offer to sell or transfer an unfinished frame or receiver unless:

      (a) The person is:

             (1) A firearms importer or manufacturer; and

             (2) The recipient of the unfinished frame or receiver is a firearms importer or manufacturer; or

      (b) The unfinished frame or receiver is required by federal law to be imprinted with a serial number issued by an importer or manufacturer and the unfinished frame or receiver has been imprinted with the serial number.

      2.  A person who violates this section:

      (a) For the first offense, is guilty of a gross misdemeanor; and

      (b) For the second or any subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 4. 1.  A person shall not manufacture or cause to be manufactured or assemble or cause to be assembled a firearm that is not imprinted with a serial number issued by a firearms importer or manufacturer in accordance with federal law and any regulations adopted thereunder unless the firearm:

      (a) Has been rendered permanently inoperable;

      (b) Is an antique firearm; or

      (c) Has been determined to be a collector’s item pursuant to 26 U.S.C. Chapter 53 or a curio or relic pursuant to 18 U.S.C. Chapter 44.

      2.  A person who violates this section:

      (a) For the first offense, is guilty of a gross misdemeanor; and

      (b) For the second or any subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      3.  As used in this section:

      (a) “Assemble” means to fit together component parts.

      (b) “Manufacture” means to fabricate, make, form, produce or construct by manual labor or machinery.

      Sec. 5. 1.  A person shall not possess, sell, offer to sell, transfer, purchase, transport or receive a firearm that is not imprinted with a serial number issued by a firearms importer or manufacturer in accordance with federal law and any regulations adopted thereunder unless:

 


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ê2021 Statutes of Nevada, Page 3224 (CHAPTER 496, AB 286)ê

 

number issued by a firearms importer or manufacturer in accordance with federal law and any regulations adopted thereunder unless:

      (a) The person is:

             (1) A law enforcement agency; or

             (2) A firearms importer or manufacturer; or

      (b) The firearm:

             (1) Has been rendered permanently inoperable;

             (2) Was manufactured before 1969;

             (3) Is an antique firearm; or

             (4) Has been determined to be a collector’s item pursuant to 26 U.S.C. Chapter 53 or a curio or relic pursuant to 18 U.S.C. Chapter 44.

      2.  A person who violates this section:

      (a) For the first offense, is guilty of a gross misdemeanor; and

      (b) For the second or any subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      3.  As used in this section, “law enforcement agency” has the meaning ascribed to it in NRS 239C.065.

      Sec. 5.5. Nothing in the provisions of sections 3 to 5, inclusive, of this act shall be deemed to prohibit the sale of an unfinished frame or receiver or firearm that is not imprinted with a serial number to a firearms importer or manufacturer or a licensed dealer before January 1, 2022. As used in this section, “licensed dealer” has the meaning ascribed to it in NRS 202.2546.

      Sec. 6. NRS 202.253 is hereby amended to read as follows:

      202.253  As used in NRS 202.253 to 202.369, inclusive [:] , and sections 2 to 5.5, inclusive, of this act:

      1.  “Antique firearm” has the meaning ascribed to it in 18 U.S.C. § 921(a)(16).

      2.  “Explosive or incendiary device” means any explosive or incendiary material or substance that has been constructed, altered, packaged or arranged in such a manner that its ordinary use would cause destruction or injury to life or property.

      [2.] 3.  “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.

      [3.] 4.  “Firearm capable of being concealed upon the person” applies to and includes all firearms having a barrel less than 12 inches in length.

      [4.]5.  “Firearms importer or manufacturer” means a person licensed to import or manufacture firearms pursuant to 18 U.S.C. Chapter 44.

      6.  “Machine gun” means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.

      [5.] 7.  “Motor vehicle” means every vehicle that is self-propelled.

      [6.] 8.  “Semiautomatic firearm” means any firearm that:

      (a) Uses a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next shell or round;

      (b) Requires a separate function of the trigger to fire each cartridge; and

      (c) Is not a machine gun.

      9.  “Unfinished frame or receiver” means a blank, a casting or a machined body that is intended to be turned into the frame or lower receiver of a firearm with additional machining and which has been formed or machined to the point at which most of the major machining operations have been completed to turn the blank, casting or machined body into a frame or lower receiver of a firearm even if the fire-control cavity area of the blank, casting or machined body is still completely solid and unmachined.

 


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ê2021 Statutes of Nevada, Page 3225 (CHAPTER 496, AB 286)ê

 

formed or machined to the point at which most of the major machining operations have been completed to turn the blank, casting or machined body into a frame or lower receiver of a firearm even if the fire-control cavity area of the blank, casting or machined body is still completely solid and unmachined.

      Sec. 7. NRS 202.2548 is hereby amended to read as follows:

      202.2548  The provisions of NRS 202.2547 do not apply to:

      1.  The sale or transfer of a firearm by or to any law enforcement agency and, to the extent he or she is acting within the course and scope of his or her employment and official duties, any peace officer, security guard entitled to carry a firearm under NAC 648.345, member of the armed forces or federal official.

      2.  The sale or transfer of an antique firearm . [, as defined in 18 U.S.C. § 921(a)(16).]

      3.  The sale or transfer of a firearm between immediate family members, which for the purposes of this section means spouses and domestic partners and any of the following relations, whether by whole or half blood, adoption, or step-relation: parents, children, siblings, grandparents, grandchildren, aunts, uncles, nieces and nephews.

      4.  The transfer of a firearm to an executor, administrator, trustee or personal representative of an estate or a trust that occurs by operation of law upon the death of the former owner of the firearm.

      5.  A temporary transfer of a firearm to a person who is not prohibited from buying or possessing firearms under state or federal law if such transfer:

      (a) Is necessary to prevent imminent death or great bodily harm; and

      (b) Lasts only as long as immediately necessary to prevent such imminent death or great bodily harm.

      6.  A temporary transfer of a firearm if:

      (a) The transferor has no reason to believe that the transferee is prohibited from buying or possessing firearms under state or federal law;

      (b) The transferor has no reason to believe that the transferee will use or intends to use the firearm in the commission of a crime; and

      (c) Such transfer occurs and the transferee’s possession of the firearm following the transfer is exclusively:

             (1) At an established shooting range authorized by the governing body of the jurisdiction in which such range is located;

             (2) At a lawful organized competition involving the use of a firearm;

             (3) While participating in or practicing for a performance by an organized group that uses firearms as a part of the public performance;

             (4) While hunting or trapping if the hunting or trapping is legal in all places where the transferee possesses the firearm and the transferee holds all licenses or permits required for such hunting or trapping; or

             (5) While in the presence of the transferor.

      Secs. 8 and 9. (Deleted by amendment.)

      Sec. 10.  1.  This section and sections 1, 2, 3.5, 4, 5.5 and 6 to 9, inclusive, of this act become effective upon passage and approval.

      2.  Sections 3 and 5 of this act become effective on January 1, 2022.

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ê2021 Statutes of Nevada, Page 3226ê

 

CHAPTER 497, SB 222

Senate Bill No. 222–Senator Scheible

 

CHAPTER 497

 

[Approved: June 7, 2021]

 

AN ACT relating to governmental administration; requiring a state agency to collaborate with minority groups and provide certain information to minority groups; requiring, with certain exceptions, a state agency to designate a diversity and inclusion liaison and provide the contact information for the designated diversity and inclusion liaison; requiring the Office of Minority Health and Equity of the Department of Health and Human Services, the Nevada Commission on Minority Affairs of the Department of Business and Industry and the Office for New Americans in the Office of the Governor to facilitate an annual meeting between diversity and inclusion liaisons and minority groups and submit a report to the Governor and the Legislative Commission; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Office of Minority Health and Equity within the Department of Health and Human Services, the Nevada Commission on Minority Affairs of the Department of Business and Industry and the Office for New Americans in the Office of the Governor to study and work on issues affecting minorities and immigrants. (NRS 223.900-223.930, 232.467-232.484, 232.850-232.866)

      Section 9 of this bill requires each state agency to collaborate with minority groups on policies and programs that affect minority groups and ensure that programs and services are accessible and inclusive. Section 10 of this bill requires each state agency, to the extent practicable, to designate a diversity and inclusion liaison and sets forth the duties of such a liaison. Section 11 of this bill requires a state agency to post on its Internet website the name and contact information of its diversity and inclusion liaison, if one has been designated, and provide that information to the Office of Minority Health and Equity, the Nevada Commission on Minority Affairs and the Office for New Americans. Section 12 of this bill requires the Office of Minority Health and Equity, the Nevada Commission on Minority Affairs and the Office for New Americans to collaborate to facilitate a meeting between diversity and inclusion liaisons and representatives of minority groups at least once a year. Section 12 also requires the Office of Minority Health and Equity, the Nevada Commission on Minority Affairs and the Office for New Americans to compile and submit a report to the Governor and the Director of the Legislative Counsel Bureau on the findings and recommendations from the meeting.

 

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 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

 


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ê2021 Statutes of Nevada, Page 3227 (CHAPTER 497, SB 222)ê

 

      Sec. 3.  “Commission on Minority Affairs” means the Nevada Commission on Minority Affairs of the Department of Business and Industry created by NRS 232.852.

      Sec. 4. 1.  “Minority group” means:

      (a) A racial or ethnic minority group;

      (b) A group of persons with disabilities; or

      (c) A group of persons who identify as LGBTQ.

      2.  As used in this section, “LGBTQ” means lesbian, gay, bisexual, transgender, queer, intersex or any other nonheterosexual or noncisgender orientation or gender identity or expression.

      Sec. 4.5. “Office for New Americans” means the Office for New Americans created in the Office of the Governor by NRS 223.910.

      Sec. 5. “Office of Minority Health and Equity” means the Office of Minority Health and Equity created within the Department of Health and Human Services by NRS 232.474.

      Sec. 6. “Policy” means an official public policy of a state agency that creates a common practice relating to a class of issues.

      Sec. 7. “Program” means an official program of a state agency.

      Sec. 8. “State agency” means every agency, department or division of the Executive Department of State Government.

      Sec. 9. Each state agency shall make a reasonable effort to:

      1.  Collaborate with members of minority groups in the development and implementation of policies and programs of the state agency that directly affect minority groups.

      2.  Ensure that programs and services offered by the state agency are accessible to and inclusive of minority groups.

      3.  Communicate effectively with minority groups by making information about programs and services available in multiple languages whenever possible.

      Sec. 10. Each state agency that interacts or communicates with minority groups or offers programs and services that affect minority groups shall, to the extent practicable, designate a diversity and inclusion liaison. The diversity and inclusion liaison shall:

      1.  Assist the state agency with:

      (a) Promoting effective communication with minority groups;

      (b) Promoting cultural competency in providing effective services to minority groups; and

      (c) Establishing a method for notifying employees of a state agency of the provisions of sections 2 to 12, inclusive, of this act.

      2.  Serve as a contact person who shall maintain ongoing communication between the state agency and members of minority groups.

      3.  Provide technical assistance to the state agency on new programs and services offered by the state agency that are intended to increase accessibility and inclusivity for members of minority groups.

      4.  Collaborate with diversity and inclusion liaisons designated by other state agencies to increase the accessibility and inclusivity of services to members of minority groups.

 


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ê2021 Statutes of Nevada, Page 3228 (CHAPTER 497, SB 222)ê

 

      Sec. 11. A state agency that designates a diversity and inclusion liaison pursuant to section 10 of this act shall:

      1.  Publish on its Internet website the name and contact information of the state agency’s diversity and inclusion liaison.

      2.  Provide the name and contact information of the state agency’s diversity and inclusion liaison to the Office of Minority Health and Equity, the Commission on Minority Affairs and the Office for New Americans.

      Sec. 12. 1.  At least once each year, the Office of Minority Health and Equity, the Commission on Minority Affairs and the Office for New Americans shall collaborate to facilitate a meeting between diversity and inclusion liaisons designated pursuant to section 10 of this act and representatives of various minority groups to make recommendations regarding and address:

      (a) Matters of mutual concern between state agencies and minority groups;

      (b) Opportunities to collaborate and increase the accessibility and inclusivity of services delivered to minority groups;

      (c) The need for state agencies to eliminate systemic racism and structures of racial discrimination within the State of Nevada; and

      (d) Strategies for ensuring that members of minority groups are able to access programs and services offered by the state agency and interact with the State Government.

      2.  On or before January 1 of each year, the Office of Minority Health and Equity, the Commission on Minority Affairs and the Office for New Americans shall collaborate on and submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission a report on the findings and recommendations from the meeting required by subsection 1.

      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.  This act becomes effective on January 1, 2022.

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ê2021 Statutes of Nevada, Page 3229ê

 

CHAPTER 498, SB 318

Senate Bill No. 318–Senators Donate, Ohrenschall, Denis and Lange

 

Joint Sponsors: Assemblymen Flores, Torres and Benitez-Thompson

 

CHAPTER 498

 

[Approved: June 7, 2021]

 

AN ACT relating to public health; requiring the Division of Public and Behavioral Health of the Department of Health and Human Services and each district health department to take certain actions to ensure the availability of services to restrain the spread of COVID-19 to persons of limited English proficiency; requiring each agency of the Executive Department of the State Government to develop a language access plan; requiring such an agency to make recommendations to the Legislature concerning the language access plan and include in the budget of the agency funds necessary to carry out the language access plan; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law: (1) creates a health district in a county whose population is 700,000 or more (currently only Clark County); and (2) authorizes the board of county commissioners and the governing bodies of any towns or cities in a smaller county to create a health district. (NRS 439.361, 439.362, 439.370) Existing law creates a district health department in each health district. (NRS 439.362, 439.370) Sections 2-4 of this bill require the Division of Public and Behavioral Health of the Department of Health and Human Services and each district health department to take reasonable measures to ensure that persons with limited English proficiency have meaningful and timely access to services to restrain the spread of COVID-19, including: (1) maintaining a record of the preferred language of the recipients of such services; (2) identifying the preferred language of such recipients; (3) providing oral language services to assist such recipients; (4) providing vital information and documents in the preferred languages of such recipients; and (5) collaborating with community-based organizations that serve persons with limited English proficiency. Sections 2-4 authorize the Division and each district health department to research and apply for available federal and private funding that could be used to financially support those activities. Sections 5 and 6 of this bill make conforming changes to indicate the placement of sections 3 and 4, respectively, in the Nevada Revised Statutes.

      Section 7 of this bill requires each agency of the Executive Department of the State Government to develop and biennially revise a language access plan. Section 7 prescribes the required contents of a language access plan, which generally consists of information relating to existing services available to persons of limited English proficiency and recommendations for meeting the need for such services among persons served or eligible to be served by the agency. Section 7 requires an agency to: (1) solicit public comment concerning the development and revision of a language access plan; (2) make recommendations to the Legislature concerning statutory changes necessary to implement or improve a language access plan; and (3) include funding necessary to carry out a language access plan in the budget for the agency. Section 8 of this bill removes a requirement that a language access plan must include a review of the ability of the agency to make language services available during the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020. Section 11 of this bill makes a conforming change to indicate that section 8 becomes effective 2 years after the termination of that emergency.

 


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ê2021 Statutes of Nevada, Page 3230 (CHAPTER 498, SB 318)ê

 

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

 

      Whereas, Persons with limited English proficiency require and deserve meaningful, timely access to government services in their preferred language; and

      Whereas, It is especially vital that persons with limited English proficiency have meaningful, timely access to services to restrain the spread of COVID-19 in order to protect their health, the health of their family, friends and community and the health of all residents of this State; and

      Whereas, State and local agencies and entities that receive public money have an obligation to provide meaningful, timely access for persons with limited English proficiency to the programs and services of those agencies and entities; now, therefore

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. 1.  The Division shall take reasonable steps to ensure that persons with limited English proficiency who are eligible to receive services from the Division that are intended to help restrain the spread of COVID-19 have meaningful and timely access to those services. Such steps must include, without limitation:

      (a) Maintaining a record of the preferred language of each person who receives any service from the Division that is intended to help restrain the spread of COVID-19, including without limitation, guidance, testing, contact tracing and immunization;

      (b) Identifying the languages preferred by such recipients;

      (c) Taking reasonable steps to provide meaningful and timely access to oral language services to recipients of services described in paragraph (a); and

      (d) Provide notice of the availability of such services, to the extent practicable, in the languages identified and at a literacy level and in a format that is likely to be understood by such recipients.

      2.  The Division shall take reasonable steps to ensure that persons with limited English proficiency have meaningful and timely access in their preferred language to:

      (a) Vital information and documents relating to COVID-19. Such information and documents include, without limitation, those necessary to access or participate in the services, programs and activities of the Division related to COVID-19, including, without limitation, applications, instructions for completing applications, contracts, stipulations, outreach materials, written notices or letters that affect the legal rights or benefits of a person and any communications of the Division relating to COVID-19.

      (b) Any governmental order issued to restrain the spread of COVID-19 and any information relating to a state of emergency or declaration of disaster for COVID-19 proclaimed pursuant to NRS 414.070. For the purposes of this paragraph, meaningful access shall be deemed to be timely if it occurs within 7 days after the order is issued or the proclamation is made.

 


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ê2021 Statutes of Nevada, Page 3231 (CHAPTER 498, SB 318)ê

 

      3.  When determining whether steps to provide meaningful and timely access to a service described in subsection 1 or 2 are reasonable, the Division shall consider:

      (a) The number of persons with limited English proficiency who are eligible for the service and have a particular preferred language and the proportion of such persons to the total number of persons eligible for the service;

      (b) The frequency with which persons with limited English proficiency who are eligible for the service have contact with the Division for purposes relating to the service;

      (c) The nature and importance of the service; and

      (d) Available resources.

      4.  The Division shall collaborate with community-based organizations that serve persons with limited English proficiency to prioritize the provision of services, information and documents in languages other than English as described in this section.

      5.  The Division may:

      (a) Accept gifts, grants and donations for the purpose of carrying out the provisions of this section; and

      (b) Research and apply for any available federal or private funding that may be used to carry out the provisions of this section.

      6.  As used in this section:

      (a) “Contact tracing” means investigating a case of COVID-19 to identify:

             (1) A person who has been diagnosed with COVID-19; and

             (2) Any person who has or may have:

                   (I) Come into contact with a person who has been diagnosed with COVID-19; or

                   (II) Otherwise been exposed to COVID-19.

      (b) “COVID-19” means:

             (1) The novel coronavirus identified as SARS-CoV-2;

             (2) Any mutation of the novel coronavirus identified as SARS-CoV-2; or

             (3) A disease or health condition caused by the novel coronavirus identified as SARS-CoV-2.

      (c) “Dual-role interpreter” means a multilingual employee who:

             (1) Has been tested for language skills and trained as an interpreter; and

             (2) Engages in interpreting as part of his or her job duties.

      (d) “Oral language services” means services to convey verbal information to persons with limited English proficiency. The term:

             (1) Includes, without limitation, staff interpreters, dual-role interpreters, other multilingual employees, telephone interpreter programs, audiovisual interpretation services and non-governmental interpreters.

             (2) Does not include family members, friends and other acquaintances of persons with limited English proficiency who have no formal training in interpreting.

      (e) “Person with limited English proficiency” means a person who reads, writes or speaks a language other than English and who cannot readily understand or communicate in the English language in written or spoken form, as applicable based on the manner in which information is being communicated.

 


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ê2021 Statutes of Nevada, Page 3232 (CHAPTER 498, SB 318)ê

 

readily understand or communicate in the English language in written or spoken form, as applicable based on the manner in which information is being communicated.

      Sec. 3. 1.  To the extent that money is available for these purposes, a district health department shall:

      (a) Take reasonable steps to ensure that persons with limited English proficiency who are eligible to receive services from the district health department that are intended to help restrain the spread of COVID-19 have meaningful and timely access to those services. Such steps must include, without limitation:

             (1) Maintaining a record of the preferred language of each person who receives any service from the district health department that is intended to help restrain the spread of COVID-19, including, without limitation, guidance, testing, contact tracing and immunization;

             (2) Identifying the languages preferred by such recipients;

             (3) Taking reasonable steps to provide meaningful and timely access to oral language services to recipients of services described in subparagraph (1); and

             (4) Providing notice of the availability of such services, to the extent practicable, in the languages identified and at a literacy level and in a format that is likely to be understood by such recipients.

      (b) Take reasonable steps to ensure that persons with limited English proficiency have meaningful and timely access in their preferred language to:

             (1) Vital information and documents relating to COVID-19. Such information and documents include, without limitation, those necessary to access or participate in the services, programs and activities of the district health department related to COVID-19, including, without limitation, applications, instructions for completing applications, contracts, stipulations, outreach materials, written notices or letters that affect the legal rights or benefits of a person and any communications of the district health department relating to COVID-19.

             (2) Any governmental order issued to restrain the spread of COVID-19 and any information relating to a state of emergency or declaration of disaster for COVID-19 proclaimed pursuant to NRS 414.070.

      (c) Collaborate with community-based organizations that serve persons with limited English proficiency to prioritize the provision of services, information and documents in languages other than English as described in paragraphs (a) and (b).

      2.  When determining whether steps to provide meaningful and timely access to a service described in subsection 1 are reasonable, a district health department shall consider:

      (a) The number of persons with limited English proficiency who are eligible for the service and have a particular preferred language and the proportion of such persons to the total number of persons eligible for the service;

      (b) The frequency with which persons with limited English proficiency who are eligible for the service have contact with the district health department for purposes relating to the service;

 


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ê2021 Statutes of Nevada, Page 3233 (CHAPTER 498, SB 318)ê

 

      (c) The nature and importance of the service; and

      (d) Available resources.

      3.  A district health department may:

      (a) Accept gifts, grants and donations for the purpose of carrying out the provisions of this section; and

      (b) Research and apply for any available federal or private funding that may be used to carry out the provisions of this section.

      4.  As used in this section:

      (a) “Contact tracing” has the meaning ascribed to it in paragraph (a) of subsection 6 of section 2 of this act.

      (b) “COVID-19” has the meaning ascribed to it in paragraph (b) of subsection 6 of section 2 of this act.

      (c) “Oral language services” has the meaning ascribed to it in paragraph (d) of subsection 6 of section 2 of this act.

      (d) “Person with limited English proficiency” has the meaning ascribed to it in paragraph (e) of subsection 6 of section 2 of this act.

      Sec. 4. 1.  To the extent that money is available for such purposes, a district health department shall:

      (a) Take reasonable steps to ensure that persons with limited English proficiency who are eligible to receive services from the district health department that are intended to help restrain the spread of COVID-19 have meaningful and timely access to those services. Such steps must include, without limitation:

             (1) Maintaining a record of the preferred language of each person who receives any service from the district health department that is intended to help restrain the spread of COVID-19, including, without limitation, guidance, testing, contact tracing and immunization;

             (2) Identifying the languages preferred by such recipients;

            (3) Taking reasonable steps to provide meaningful and timely access to oral language services to recipients of services described in subparagraph (1); and

             (4) Providing notice of the availability of such services, to the extent practicable, in the languages identified and at a literacy level and in a format that is likely to be understood by such recipients.

      (b) Take reasonable steps to ensure that persons with limited English proficiency have meaningful and timely access in their preferred language to:

             (1) Vital information and documents relating to COVID-19. Such information and documents include, without limitation, those necessary to access or participate in the services, programs and activities of the district health department related to COVID-19, including, without limitation, applications, instructions for completing applications, contracts, stipulations, outreach materials, written notices or letters that affect the legal rights or benefits of a person and any communications of the district health department relating to COVID-19.

             (2) Any governmental order issued to restrain the spread of COVID-19 and any information relating to a state of emergency or declaration of disaster for COVID-19 proclaimed pursuant to NRS 414.070.

 


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ê2021 Statutes of Nevada, Page 3234 (CHAPTER 498, SB 318)ê

 

      (c) Collaborate with community-based organizations that serve persons with limited English proficiency to prioritize the provision of services, information and documents in languages other than English as described in paragraphs (a) and (b).

      2.  When determining whether steps to provide meaningful and timely access to a service described in subsection 1 are reasonable, a district health department shall consider:

      (a) The number of persons with limited English proficiency who are eligible for the service and have a particular preferred language and the proportion of such persons to the total number of persons eligible for the service;

      (b) The frequency with which persons with limited English proficiency who are eligible for the service have contact with the district health department for purposes relating to the service;

      (c) The nature and importance of the service; and

      (d) Available resources.

      3.  A district health department may:

      (a) Accept gifts, grants and donations for the purpose of carrying out the provisions of this section; and

      (b) Research and apply for any available federal or private funding that may be used to carry out the provisions of this section.

      4.  As used in this section:

      (a) “Contact tracing” has the meaning ascribed to it in paragraph (a) of subsection 6 of section 2 of this act.

      (b) “COVID-19” has the meaning ascribed to it in paragraph (b) of subsection 6 of section 2 of this act.

      (c) “Oral language services” has the meaning ascribed to it in paragraph (d) of subsection 6 of section 2 of this act.

      (d) “Person with limited English proficiency” has the meaning ascribed to it in paragraph (e) of subsection 6 of section 2 of this act.

      Sec. 5. NRS 439.361 is hereby amended to read as follows:

      439.361  The provisions of NRS 439.361 to 439.3685, inclusive, and section 3 of this act apply to a county whose population is 700,000 or more.

      Sec. 6. NRS 439.369 is hereby amended to read as follows:

      439.369  The provisions of NRS 439.369 to 439.410, inclusive, and section 4 of this act apply to a county whose population is less than 700,000.

      Sec. 7. Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The head of each agency of the Executive Department shall designate one or more employees of the agency to be responsible for developing and biennially revising a language access plan for the agency that meets the requirements of subsection 2.

      2.  A language access plan must assess existing needs of persons served by the agency for language services and the degree to which the agency has met those needs. The plan must include recommendations to expand language services if needed to improve access to the services provided by the agency. The plan must:

 


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ê2021 Statutes of Nevada, Page 3235 (CHAPTER 498, SB 318)ê

 

      (a) Outline the compliance of the agency and any contractors, grantees, assignees, transferees or successors of the agency with existing federal and state laws and regulations and any requirements associated with funding received by the agency concerning the availability of language services and accessibility of the services provided by the agency or any contractors, grantees, assignees, transferees or successors to persons with limited English proficiency;

      (b) List the relevant demographics of persons served by or eligible to receive services from the agency, including, without limitation:

             (1) The types of services received by such persons or for which such persons are eligible;

             (2) The preferred language and literacy level of such persons;

             (3) The ability of such persons to access the services of the agency electronically;

             (4) The number and percentage of such persons who are indigenous; and

             (5) The number and percentage of such persons who are refugees;

      (c) Provide an inventory of language services currently provided, including, without limitation:

             (1) Procedures for designating certain information and documents as vital and providing such information and documents to persons served by the agency in the preferred language of such persons, in aggregate and disaggregated by language and type of service to which the information and documents relate;

             (2) Oral language services offered by language and type;

             (3) A comparison of the number of employees of the agency who regularly have contact with the public to the number of such employees who are fluent in more than one language, in aggregate and disaggregated by language;

             (4) A description of any position at the agency designated for a dual-role interpreter;

             (5) Procedures and resources used by the agency for outreach to persons with limited English proficiency who are served by the agency or eligible to receive services from the agency, including, without limitation, procedures for building relationships with community-based organizations that serve such persons; and

             (6) Any resources made available to employees of the agency related to cultural competency;

      (d) Provide an inventory of the training and resources provided to employees of the agency who serve persons with limited English proficiency, including, without limitation, training and resources regarding:

             (1) Obtaining language services internally or from a contractor;

             (2) Responding to persons with limited English proficiency over the telephone, in writing or in person;

             (3) Ensuring the competency of interpreters and translation services;

 


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ê2021 Statutes of Nevada, Page 3236 (CHAPTER 498, SB 318)ê

 

             (4) Recording in the electronic records of the agency that a person served by the agency is a person with limited English proficiency, the preferred language of the person and his or her literacy level in English and in his or her preferred language;

             (5) Communicating with the persons in charge of the agency concerning the needs of the persons served by and eligible to receive the services from the agency for language services; and

             (6) Notifying persons with limited English proficiency who are eligible for or currently receiving services from the agency of the services available from the agency in the preferred language of those persons at a literacy level and in a format that is likely to be understood by such persons;

      (e) Review the ability of the agency to make language services available during the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020; and

      (f) Identify areas in which the services described in paragraph (c) and the training and resources described in paragraph (d) do not meet the needs of persons with limited English proficiency served by the agency, including, without limitation:

             (1) Estimates of additional funding required to meet those needs;

             (2) Targets for employing persons who are fluent in more than one language;

             (3) Additional requirements necessary to ensure:

                   (I) Adequate credentialing and oversight of translators and interpreters employed by or serving as independent contractors for the agency; and

                   (II) That translators and interpreters used by the agency adequately represent the preferred languages spoken by persons served by the agency or eligible to receive services from the agency; and

             (4) Additional requirements, trainings, incentives and recruiting initiatives to employ or contract with interpreters who speak the preferred languages of persons with limited English proficiency who are eligible for or currently receiving services from the agency and ways to partner with entities involved in workforce development in imposing those requirements, offering those trainings and incentives and carrying out those recruiting initiatives.

      3.  If there is insufficient information available to develop or update the language access plan in accordance with the requirements of this section, the employee or employees designated pursuant to subsection 1 shall develop procedures to obtain that information and include the information in any revision to the language access plan.

      4.  Each agency of the Executive Department shall:

      (a) Solicit public comment concerning the language access plan developed pursuant to this section and each revision thereof;

      (b) Make recommendations to the Legislature concerning any statutory changes necessary to implement or improve a language access plan; and

      (c) Include any funding necessary to carry out a language access plan, including, without limitation, any additional funding necessary to meet the needs of persons with limited English proficiency served by the agency as identified pursuant to paragraph (f) of subsection 2, in the proposed budget for the agency submitted pursuant to NRS 353.210.

 


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ê2021 Statutes of Nevada, Page 3237 (CHAPTER 498, SB 318)ê

 

needs of persons with limited English proficiency served by the agency as identified pursuant to paragraph (f) of subsection 2, in the proposed budget for the agency submitted pursuant to NRS 353.210.

      5.  As used in this section:

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

      (b) “Dual-role interpreter” means a multilingual employee who:

             (1) Has been tested for language skills and trained as an interpreter; and

             (2) Engages in interpreting as part of his or her job duties.

      (c) “Language services” means oral language services and translation services. 

      (d) “Oral language services” means services to convey verbal information to persons with limited English proficiency. The term:

             (1) Includes, without limitation, staff interpreters, dual-role interpreters, other multilingual employees, telephone interpreter programs, audiovisual interpretation services and non-governmental interpreters.

             (2) Does not include family members, friends and other acquaintances of persons with limited English proficiency who have no formal training in interpreting.

      (e) “Person with limited English proficiency” means a person who reads, writes or speaks a language other than English and who cannot readily understand or communicate in the English language in written or spoken form, as applicable based on the manner in which information is being communicated.

      (f) “Translation services” means services used to provide written information to persons with limited English proficiency. The term does not include translation tools that are accessed using the Internet.

      Sec. 8.  Section 7 of this act is hereby amended to read as follows:

       Sec. 7.  1.  The head of each agency of the Executive Department shall designate one or more employees of the agency to be responsible for developing and biennially revising a language access plan for the agency that meets the requirements of subsection 2.

       2.  A language access plan must assess existing needs of persons served by the agency for language services and the degree to which the agency has met those needs. The plan must include recommendations to expand language services if needed to improve access to the services provided by the agency. The plan must:

       (a) Outline the compliance of the agency and any contractors, grantees, assignees, transferees or successors of the agency with existing federal and state laws and regulations and any requirements associated with funding received by the agency concerning the availability of language services and accessibility of the services provided by the agency or any contractors, grantees, assignees, transferees or successors to persons with limited English proficiency;

 


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       (b) List the relevant demographics of persons served by or eligible to receive services from the agency, including, without limitation:

             (1) The types of services received by such persons or for which such persons are eligible;

             (2) The preferred language and literacy level of such persons;

             (3) The ability of such persons to access the services of the agency electronically;

             (4) The number and percentage of such persons who are indigenous; and

             (5) The number and percentage of such persons who are refugees;

       (c) Provide an inventory of language services currently provided, including, without limitation:

             (1) Procedures for designating certain information and documents as vital and providing such information and documents to persons served by the agency in the preferred language of such persons, in aggregate and disaggregated by language and type of service to which the information and documents relate;

             (2) Oral language services offered by language and type;

             (3) A comparison of the number of employees of the agency who regularly have contact with the public to the number of such employees who are fluent in more than one language, in aggregate and disaggregated by language;

             (4) A description of any position at the agency designated for a dual-role interpreter;

             (5) Procedures and resources used by the agency for outreach to persons with limited English proficiency who are served by the agency or eligible to receive services from the agency, including, without limitation, procedures for building relationships with community-based organizations that serve such persons; and

             (6) Any resources made available to employees of the agency related to cultural competency;

       (d) Provide an inventory of the training and resources provided to employees of the agency who serve persons with limited English proficiency, including, without limitation, training and resources regarding:

             (1) Obtaining language services internally or from a contractor;

             (2) Responding to persons with limited English proficiency over the telephone, in writing or in person;

             (3) Ensuring the competency of interpreters and translation services;

             (4) Recording in the electronic records of the agency that a person served by the agency is a person with limited English proficiency, the preferred language of the person and his or her literacy level in English and in his or her preferred language;

             (5) Communicating with the persons in charge of the agency concerning the needs of the persons served by and eligible to receive the services from the agency for language services; and

 


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             (6) Notifying persons with limited English proficiency who are eligible for or currently receiving services from the agency of the services available from the agency in the preferred language of those persons at a literacy level and in a format that is likely to be understood by such persons; and

       (e) [Review the ability of the agency to make language services available during the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020; and

       (f)] Identify areas in which the services described in paragraph (c) and the training and resources described in paragraph (d) do not meet the needs of persons with limited English proficiency served by the agency, including, without limitation:

             (1) Estimates of additional funding required to meet those needs;

             (2) Targets for employing persons who are fluent in more than one language;

             (3) Additional requirements necessary to ensure:

                   (I) Adequate credentialing and oversight of translators and interpreters employed by or serving as independent contractors for the agency; and

                   (II) That translators and interpreters used by the agency adequately represent the preferred languages spoken by persons served by the agency or eligible to receive services from the agency; and

             (4) Additional requirements, trainings, incentives and recruiting initiatives to employ or contract with interpreters who speak the preferred languages of persons with limited English proficiency who are eligible for or currently receiving services from the agency and ways to partner with entities involved in workforce development in imposing those requirements, offering those trainings and incentives and carrying out those recruiting initiatives.

       3.  If there is insufficient information available to develop or update the language access plan in accordance with the requirements of this section, the employee or employees designated pursuant to subsection 1 shall develop procedures to obtain that information and include the information in any revision to the language access plan.

       4.  Each agency of the Executive Department shall:

       (a) Solicit public comment concerning the language access plan developed pursuant to this section and each revision thereof;

       (b) Make recommendations to the Legislature concerning any statutory changes necessary to implement or improve a language access plan; and

      (c) Include any funding necessary to carry out a language access plan, including, without limitation, any additional funding necessary to meet the needs of persons with limited English proficiency served by the agency as identified pursuant to paragraph [(f)] (e) of subsection 2, in the proposed budget for the agency submitted pursuant to NRS 353.210.

       5.  As used in this section:

 


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

       (b) “Dual-role interpreter” means a multilingual employee who:

             (1) Has been tested for language skills and trained as an interpreter; and

             (2) Engages in interpreting as part of his or her job duties.

       (c) “Language services” means oral language services and translation services. 

       (d) “Oral language services” means services to convey verbal information to persons with limited English proficiency. The term:

             (1) Includes, without limitation, staff interpreters, dual-role interpreters, other multilingual employees, telephone interpreter programs, audiovisual interpretation services and non-governmental interpreters.

             (2) Does not include family members, friends and other acquaintances of persons with limited English proficiency who have no formal training in interpreting.

       (e) “Person with limited English proficiency” means a person who reads, writes or speaks a language other than English and who cannot readily understand or communicate in the English language in written or spoken form, as applicable based on the manner in which information is being communicated.

       (f) “Translation services” means services used to provide written information to persons with limited English proficiency. The term does not include translation tools that are accessed using the Internet.

      Sec. 9.  1.  The head of each agency of the Executive Department shall ensure that a language access plan is developed for the agency pursuant to section 7 of this act not later than the date on which the agency submits its proposed budget for the 2023-2025 biennium pursuant to NRS 353.210.

      2.  As used in this section, “agency of the Executive Department” has the meaning ascribed to it in section 7 of this act.

      Sec. 10. (Deleted by amendment.)

      Sec. 11.  1.  This section, sections 1 to 7, inclusive, 9 and 10 of this act become effective upon passage and approval.

      2.  Section 8 of this act becomes effective 2 years after the date on which the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020.

________

 


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CHAPTER 499, SB 283

Senate Bill No. 283–Senator Brooks

 

CHAPTER 499

 

[Approved: June 8, 2021]

 

AN ACT relating to local improvements; authorizing a municipality to create a district for certain qualified improvement projects; setting forth the requirements for creating such a district; authorizing certain financing to pay for a qualified improvement project in such a district; making various other changes relating to local improvements; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth the procedures for the governing body of a municipality to create a district to finance certain energy efficiency improvement projects and renewable energy projects. (NRS 271.6312-271.6325) This bill revises these procedures.

      Section 15 of this bill authorizes the governing body of a municipality to create a district to finance or refinance one of more qualified improvement projects. Section 6 of this bill defines a qualified improvement project as an energy efficiency improvement project, a renewable energy project, a resiliency project and a water efficiency improvement project. Sections 4 and 7-9 of this bill, respectively, define the terms “energy efficiency improvement project,” “renewable energy project,” “resiliency project” and “water efficiency improvement project.”

      Section 16 of this bill provides that the governing body may create a district only under certain circumstances, including if: (1) the governing body makes a finding that the creation of the district serves certain public purposes; and (2) the governing body adopts by resolution certain procedures for the creation and administration of the district. Section 11 of this bill requires that each owner of a tract on which a qualified improvement project will be located enter into a voluntary assessment agreement in which the owner consents in writing to the location of the project on the tract, the specific amount of the assessment against the tract provided by a financing agreement and the placement of an assessment lien on the property. Sections 5 and 5.5 of this bill, respectively, define the terms “financing agreement” and “property owner.”

      Section 12 of this bill requires the execution and recording of an assessment lien on the real property and sets forth the priority of such a lien.

      Section 17 of this bill provides that: (1) construction of a qualified improvement project must be completed through independent contracts with contractors licensed in Nevada; (2) the municipality is not responsible for the construction or any delays or defects; and (3) the laws relating to public bidding, public works or public procurement are not applicable to the construction of a qualified improvement project.

      Section 18 of this bill sets forth certain requirements for the resolution that specifies the procedures for the creation and administration of a district.

      Section 10 of this bill requires, with certain exceptions, that a qualified improvement project be financed or refinanced only through an assessment on the real property. Section 11 of this bill provides that while the governing body imposes the assessment, the capital provider is solely responsible for the billing, collection and enforcement of the assessment. Section 3 of this bill defines the term “capital provider.”

      Section 13 of this bill authorizes, under certain circumstances, a person who is leasing real property within a district to enter into a financing agreement with a capital provider for a qualified improvement project.

      Section 13.5 of this bill provides that: (1) a municipality and its governing body, officers and employees shall not be liable for any actions taken pursuant to existing law providing for the creation of a district and sections 2-13.5 of this bill, except in cases of willful misconduct; (2) a municipality shall not use public funds to fund an assessment imposed on a property owner to repay bonds or direct financing or refinancing nor pledge the full faith and credit of the municipality for such purposes; (3) a municipality shall not be liable for any amount due related to a qualified improvement project, including, without limitation, the costs of construction of the qualified improvement project; and (4) a municipality that establishes a qualified improvement district may impose a fee to recover the reasonable administrative costs from participating property owners.

 


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cases of willful misconduct; (2) a municipality shall not use public funds to fund an assessment imposed on a property owner to repay bonds or direct financing or refinancing nor pledge the full faith and credit of the municipality for such purposes; (3) a municipality shall not be liable for any amount due related to a qualified improvement project, including, without limitation, the costs of construction of the qualified improvement project; and (4) a municipality that establishes a qualified improvement district may impose a fee to recover the reasonable administrative costs from participating property owners.

      Section 19 of this bill provides that the governing body of a municipality that created a district pursuant to NRS 271.6312 to 271.6325, inclusive, before October 1, 2021, may use the provisions of this bill in the district but that this bill does not affect any financing, billing, collection or enforcement of financing of any existing project in the district.

 

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 271 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13.5, inclusive, of this act.

      Sec. 2. As used in NRS 271.6312 to 271.6325, inclusive, and sections 2 to 13.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 9, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Capital provider” means any private entity or the designee, successor or assign of the private entity that provides direct financing or refinancing for a qualified improvement project pursuant to the provisions of NRS 271.6312 to 271.6325, inclusive, and sections 2 to 13.5, inclusive, of this act.

      Sec. 4. “Energy efficiency improvement project” means the installation or modification of one or more energy efficiency improvements that decrease or support the decrease of energy consumption or demand for energy through the use of efficiency technologies, products or activities and incidentals which are necessary, useful or desirable for any such improvements and which installation or modification has a useful life of not less than 10 years.

      Sec. 5. “Financing agreement” means the contract pursuant to which a property owner or lessee, as applicable, agrees to repay the capital provider for financing or refinancing a qualified improvement project, including, without limitation, any finance charges, fees, debt servicing, interest, penalties and any other provision relating to the treatment of prepayment or partial payment, billing, collection and enforcement of the assessment and lien securing the financing.

      Sec. 5.3. “Program guide” means the comprehensive document adopted by a governing body pursuant to NRS 271.6325 that sets forth standard forms and establishes any appropriate guidelines, specifications and criteria for the underwriting and approval of a qualified improvement project.

      Sec. 5.5. “Property owner” means all of the owners of record of the tract on which a qualified improvement project is installed.

      Sec. 6. “Qualified improvement project” means one or more of the following projects which are permanently affixed to real property in an existing structure or in new construction, performed pursuant to NRS 271.6312 to 271.6325, inclusive, and sections 2 to 13.5, inclusive, of this act:

 


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existing structure or in new construction, performed pursuant to NRS 271.6312 to 271.6325, inclusive, and sections 2 to 13.5, inclusive, of this act:

      1.  Energy efficiency improvement project.

      2.  Renewable energy project.

      3.  Resiliency project.

      4.  Water efficiency improvement project.

      Sec. 7. “Renewable energy project” means any improvement to real property, and facilities and equipment used to generate electricity from renewable energy to offset customer load in whole or in part on the real property, or to support the production of renewable or thermal energy including, without limitation, energy storage, and all appurtenances and incidentals necessary, useful or desirable for any such improvements, facilities and equipment, and which improvement has a useful life of not less than 10 years.

      Sec. 8. “Resiliency project” means an improvement to real property, facilities or equipment with a useful life of not less than 10 years that:

      1.  Increases a building’s structural resiliency for seismic events;

      2.  Improves indoor air quality;

      3.  Improves wind and fire resistance;

      4.  Improves stormwater quality or reduces on-site or off-site risk of flash flooding;

      5.  Improves or enhances the ability of a building to withstand an electrical outage;

      6.  Reduces or mitigates the urban heat island effect or the effects of extreme heat;

      7.  Reduces any other environmental hazard identified by a municipality; or

      8.  Enhances the surrounding environment in which the real property is located.

      Sec. 9. “Water efficiency improvement project” means an improvement to real property, facilities or equipment, and all necessary appurtenances and incidentals thereto, with a useful life of not less than 10 years that is designed to:

      1.  Reduce the water consumption of the real property; or

      2.  Conserve or remediate water, in whole or in part, on the real property.

      Sec. 10. 1.  Except as otherwise provided in this section, a qualified improvement project must be financed or refinanced only through an assessment on the real property that secures the direct financing or refinancing obtained from a capital provider pursuant to a financing agreement.

      2.  In addition to, but not in lieu of the direct financing or refinancing described in subsection 1, a qualified improvement project may be financed or refinanced through an assessment on the real property to secure bonds issued pursuant to NRS 271.475. Any bonds issued for a qualified improvement project:

      (a) Shall not constitute the debt or indebtedness of the municipality within the meaning of any provision or limitation of the Constitution of the State of Nevada or statute;

      (b) Shall not be secured by a pledge of the general credit or taxing power of the municipality or by the surplus and deficiency fund established pursuant to NRS 271.428; and

 


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      (c) Shall not be used in furtherance of or in support of direct financing or refinancing from a capital provider.

      Sec. 11. 1.  Notwithstanding any other provision of this chapter, in order to impose an assessment for a qualified improvement project, the municipality must enter into a written voluntary assessment agreement with a property owner whereby the property owner:

      (a) Consents in writing to:

             (1) The specific amount of the assessment that will be imposed on the real property for the qualified improvement project to secure repayment of:

                   (I) The direct financing or refinancing provided by the capital provider for the qualified improvement project, as set forth in the financing agreement; or

                   (II) The repayment of any bonds issued pursuant to NRS 271.475 for the qualified improvement project; and

             (2) The placement of an assessment lien on the real property; and

      (b) Provides a written description of the tract to be assessed and the qualified improvements included in the qualified improvement project that are to be financed or refinanced by the capital provider and, if applicable, the bonds issued pursuant to NRS 271.475.

      2.  Notwithstanding the execution of a voluntary assessment agreement pursuant to subsection 1, except for the imposition and amount of the assessment and the assessment lien, in no event is the municipality responsible for the form of the voluntary assessment agreement or any statement, term, provision or other matter contained in the voluntary assessment agreement.

      3.  Each voluntary assessment agreement, and any substantive amendment thereto, must be recorded in the office of the county recorder and, once recorded, is binding on the owner who signed the voluntary assessment agreement and any other person who holds any interest in the tract to which the voluntary assessment agreement relates regardless of whether the interest in the tract came into existence before or after the recording of the voluntary assessment agreement.

      4.  Any amendment to a voluntary assessment agreement must be executed by the property owner and the municipality. If an amendment is a substantive change to the voluntary assessment agreement, the amendment must be recorded. Any amendment is binding on the property owner and any other person who holds an interest in the tract.

      5.  If a direct financing agreement is used to finance a qualified improvement project:

      (a) A municipality must assign the assessment and assessment lien, including, without limitation, the right to receive payment in accordance with the terms of the financing agreement, to the capital provider.

      (b) The capital provider is solely responsible for the billing, collection and the enforcement of an assessment imposed on real property pursuant to NRS 271.6312 to 271.6325, inclusive, and sections 2 to 13.5, inclusive, of this act.

      (c) Delinquent payment of an assessment will result in the interest and penalties set forth in the financing agreement.

      (d) Enforcement of a delinquent payment shall be by judicial foreclosure in the manner of a mortgage.

      6.  Assessments not yet due must not be accelerated or eliminated by foreclosure. In the event of foreclosure, any liens securing the payment of general taxes must be satisfied before the payment of outstanding or delinquent assessments.

 


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payment of general taxes must be satisfied before the payment of outstanding or delinquent assessments.

      7.  An assessment lien placed on real property pursuant to NRS 271.6312 to 271.6325, inclusive, and sections 2 to 13.5, inclusive, of this act:

      (a) Is created by the voluntary assessment agreement between the municipality and the property owner; and

      (b) Is not created by ordinance or resolution of the municipality.

      Sec. 12. 1.  A municipality shall execute and record a notice of assessment and assessment lien on the real property on which an assessment is imposed pursuant to the provisions of NRS 271.6312 to 271.6325, inclusive, and sections 2 to 13.5, inclusive, of this act. The municipality may delegate to the capital provider responsibility for recording the notice of assessment and assessment lien.

      2.  The notice of assessment and assessment lien must include, without limitation:

      (a) The legal description of the real property;

      (b) The name of each property owner;

      (c) The date on which the lien was created, which is the date on which the notice of assessment is recorded;

      (d) The principal amount of the assessment lien;

      (e) The term of the assessment lien; and

      (f) A copy of the voluntary assessment agreement entered into between the municipality and the property owner pursuant to section 11 of this act.

      3.  Notwithstanding the provisions of any other statute to the contrary, an assessment and assessment lien:

      (a) Run with the land and is not subject to acceleration or extinguishment by the sale of any property on account of the nonpayment of general taxes.

      (b) Are prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes attached to the tract pursuant to the provisions of NRS 361.450.

      Sec. 13.  A person that is leasing real property within a district created pursuant to NRS 271.6312 to 271.6325, inclusive, and sections 2 to 13.5, inclusive, of this act may enter into a financing agreement with a capital provider for a qualified improvement project if the owner of the real property enters into a voluntary written assessment agreement with the municipality pursuant to section 11 of this act.

      Sec. 13.5. 1.  A municipality, its governing body, its officers and its employees shall not be liable for actions taken pursuant to NRS 271.6312 to 271.6325, inclusive, and sections 2 to 13.5, inclusive, of this act, except in cases of willful misconduct.

      2.  A municipality shall not use any public funds to pay an assessment imposed to repay bonds or direct financing or refinancing of a qualified improvement project nor pledge the full faith and credit of the municipality for such purposes.

      3.  The amount necessary to repay bonds or the direct financing or refinancing of a qualified improvement project is secured solely by the assessment and a municipality shall not use or pledge any money derived from any other source for such purposes.

      4.  A municipality is not liable for any amount due related to a qualified improvement project, including, without limitation, the costs for construction of the qualified improvement project.

 


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      5.  A municipality that establishes a district pursuant to NRS 271.6312 to 271.6325, inclusive, and sections 2 to 13.5, inclusive, of this act, may impose a fee on a property owner that enters into a voluntary assessment agreement pursuant to section 11 of this act to recover the reasonable costs of administration and the performance of its duties pursuant to NRS 271.6312 to 271.6325, inclusive, and sections 2 to 13.5, inclusive, of this act.

      Sec. 14. NRS 271.385 is hereby amended to read as follows:

      271.385  1.  At the time and place designated pursuant to NRS 271.380, the governing body shall hear and determine any written complaint, protest or objection filed as provided in that section and any verbal views expressed in respect to the proposed assessments, assessment roll or assessment procedure. The governing body may adjourn the hearing from time to time.

      2.  The governing body, by resolution, may revise, correct, confirm or set aside any assessment and order that the assessment be made de novo.

      3.  Any complaint, protest or objection to:

      (a) The assessment roll;

      (b) The regularity, validity and correctness of each assessment;

      (c) The amount of each assessment; or

      (d) The regularity, validity and correctness of any other proceedings occurring after the date of the hearing described in NRS 271.310 and before the date of the hearing governed by this section,

Ê shall be deemed waived unless filed in writing within the time and in the manner provided by NRS 271.380.

      [4.  If any owner of a tract which is assessed for the purpose of creating a district pursuant to NRS 271.6312 objects in writing within the time and in the manner provided by NRS 271.380, the tract must be removed from the assessment roll, and the municipality shall not finance the project located on the tract unless the objecting owner withdraws his or her objection in writing within the time specified by the governing body.]

      Sec. 15. NRS 271.6312 is hereby amended to read as follows:

      271.6312  1.  The governing body of a municipality, on behalf of the municipality and in its name, without an election, may by resolution create a district to finance or refinance one or more [energy efficiency improvement projects or renewable energy] qualified improvement projects:

      (a) On qualifying commercial or industrial real property, which may include any real property other than:

             (1) A residential dwelling that contains fewer than five individual dwelling units; or

             (2) Property financed by a government-guaranteed financing program that prohibits the subordination of the government’s interest in the property or otherwise prohibits a contract under NRS 271.6312 to 271.6325, inclusive [.] , and sections 2 to 13.5, inclusive, of this act.

      (b) That meet one of the following requirements:

             (1) For an energy efficiency improvement project, the project must be determined to meet the definition of an energy efficiency improvement project set forth in section 4 of this act, comply with applicable requirements set forth in the program guide and be [appropriate through] supported by an energy audit conducted by a qualified service company [. A project may be determined to be appropriate if:

                   (I) The energy audit includes a summary of recommendations, which for each recommendation must include existing and expected consumption and expected energy savings expressed in British thermal units, kilowatt-hours, and kilowatts, the expected annual energy savings, the cost, the payback period in years, the expected life cycle in years and the percentage of savings, as applicable; and

 


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the cost, the payback period in years, the expected life cycle in years and the percentage of savings, as applicable; and

                   (II) The expected energy savings from the project exceeds the investment costs of the project.] that includes a written energy analysis of the project.

             (2) For a renewable energy project, the project must [be determined to be feasible through a written feasibility study conducted] meet the definition of a renewable energy project set forth in section 7 of this act, as determined by a qualified service company [.] , and comply with applicable requirements set forth in the program guide. The determination of the qualified service company must be supported by a written feasibility study. Except as otherwise provided in this subparagraph, a renewable energy project must not be used to sell or distribute renewable energy between tracts. If the structure that is benefitting from the qualified improvement project is located on more than one contiguous tract, the renewable energy project may be used to serve the entire structure.

             (3) For a resiliency project, the project must be determined to meet the definition of a resiliency project set forth in section 8 of this act by a licensed professional in the field of the resiliency project that is approved by the municipality pursuant to NRS 271.6325 and comply with applicable requirements set forth in the program guide. The determination of the licensed professional must be contained in a written analysis of the project.

             (4) For a water efficiency improvement project, the project must be determined to meet the definition of a water efficiency improvement project set forth in section 9 of this act by a qualified service company and comply with applicable requirements set forth in the program guide. The determination of the qualified service company must be contained in a written analysis of the project.

      2.  [A bond or interim warrant issued for a district created pursuant to this section must not be secured by a pledge of the general credit or taxing power of the municipality or by the surplus and deficiency fund established pursuant to NRS 271.428.] Subject to the provisions of subsection 2 of NRS 271.6315, a district created pursuant to subsection 1 may comprise the entire jurisdictional boundaries of the municipality or any portion or individual tract, thereof.

      3.  The improvements to or installations within a district created pursuant to this section must not be owned by a municipality but shall be [deemed to be] the property of the owner of the tract upon which the improvement or installation is located.

      4.  The provisions of:

      (a) NRS 271.275 to 271.365, inclusive, and 271.367 to 271.472, inclusive, do not apply to a district which is created pursuant to this section.

      (b) NRS 271.495 and 271.500 do not apply to any bonds or interim warrants issued to finance [an energy efficiency improvement project or renewable energy] a qualified improvement project within a district created pursuant to this section.

      5.  As used in this section:

      (a) “Energy audit” means a formal evaluation of the energy consumption of a permanent building or any structural improvement to real property that is consistent with the requirements of ASTM International Standard E2797, “Standard Practice for Building Energy Performance Assessment for a Building Involved in a Real Estate Transaction,” the ASHRAE Level 2 or 3 guidelines for energy audits or any comparable energy assessment guidelines.

 


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      (b) “Qualified service company” has the meaning ascribed to it in NRS 333A.060.

      Sec. 16. NRS 271.6315 is hereby amended to read as follows:

      271.6315  1.  A governing body may create a district pursuant to NRS 271.6312 only if:

      (a) The governing body makes a finding that the creation of the district serves the public purposes of resource conservation, reducing emissions or increasing the resiliency of the community.

      (b) The governing body has, pursuant to NRS 271.6325, adopted by resolution a procedure for the creation and administration of a district for the purpose of financing or refinancing one or more [energy efficiency improvement projects or renewable energy] qualified improvement projects.

      [(b) Each]

      2.  The governing body shall not approve a tract within the boundaries of the district for financing or refinancing a qualified improvement project unless:

      (a) The owner of [each] the tract on which [an energy efficiency improvement project or renewable energy] a qualified improvement project will be located [consents in writing to the location of the project on the tract and the levy of an assessment against the tract to pay all or a portion of the cost thereof in an amount up to the estimated maximum benefit to the tract from the installation or improvement. The estimated maximum benefit may not exceed the market value of the tract as determined by the governing body.

      (c)Each consent provided pursuant to paragraph (b):

             (1) Describes the tract to be assessed and the improvements to be financed;

             (2) States the estimated maximum benefit that the owner agrees will be conferred on the tract by virtue of the installation or improvement; and

             (3) Is accompanied by:

                   (I) A signed copy of each contract between an owner of the tract and each contractor described in NRS 271.6321 pursuant to which the contractor agrees to construct, acquire and install the installation or improvement identified in the consent at a total price which does not exceed the limitation set forth in NRS 271.6321 and which contains any terms, including, without limitation, application fees and costs, the total amount financed, annual percentage rate, total amount paid over the life of any assessment, any appraisal fees, bond-related costs, annual administrative fees, closing costs, credit reporting fees and recording fees, and such other terms not inconsistent with the provisions of NRS 271.6312 to 271.6325, inclusive, or with the resolution adopted pursuant to NRS 271.6325, as may be agreed upon by the owner of the tract and the contractor and is acceptable to the governing body; and

                   (II) A deposit in an amount determined in the manner specified in the resolution adopted pursuant to NRS 271.6325, which may be refunded if the project to which the consent relates is completed and is financed with assessments levied pursuant to this chapter within the period specified in the resolution.

      (d)] enters into a voluntary assessment agreement pursuant to section 11 of this act.

      (b) The amount of the assessment lien that will be placed on the tract for a qualified improvement project, if used for improving or retrofitting an existing structure, does not exceed 25 percent of the fair market value of the property assessed, as determined by a certified appraiser pursuant to guidelines adopted pursuant to NRS 271.6325.

 


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property assessed, as determined by a certified appraiser pursuant to guidelines adopted pursuant to NRS 271.6325.

      (c) The amount of the assessment lien that will be placed on the tract for a qualified improvement project, if used for new construction or a gut rehabilitation, does not exceed 35 percent of the fair market value of the property assessed, as determined by a certified appraiser pursuant to guidelines adopted pursuant to NRS 271.6325.

      (d) The outstanding amount owed on all recorded instruments which are liens against [any] the tract [included in the district, does] including the assessment lien for the qualified improvement project, will not exceed 90 percent of the estimated fair market value of the property assessed [, as defined by the governing body, taking into account the imposition of the liens for assessments pursuant to NRS 271.6312 to 271.6325, inclusive, and the additional value added to the tract by a project financed pursuant to NRS 271.6312 to 271.6325, inclusive.

      (e)] , as determined by a certified appraiser pursuant to guidelines adopted pursuant to NRS 271.6325.

      (e) Any lender who holds a lien on [any] the tract on which [an energy efficiency] the qualified improvement project [or renewable energy project] will be located consents in writing to the levy of an assessment and assessment lien against the tract to [pay all or a portion of the cost of the installation or improvement.] secure repayment of the financing or refinancing of the qualified improvement project. A consent signed pursuant to this paragraph must be in a recordable form and is binding on the holder of a lien who signs the consent. [A lender described in this paragraph is entitled, within 30 days after providing consent pursuant to this paragraph, to offer a loan to the owner of the tract as the primary lender on the new levy of an assessment.

      2.]  Each consent provided pursuant to this paragraph [(b) of subsection 1 and each amendment thereto] must be recorded in the office of the county recorder and, once recorded, is binding on the [owner] lender who signed the consent [and any other person who holds any interest in the tract to which the consent relates and who signed the consent.] and any successors or assigns.

      3.  Real property owned by the United States Department of Defense is not eligible for any qualified improvement project authorized pursuant to NRS 271.6312 to 271.6325, inclusive, and sections 2 to 13.5, inclusive, of this act.

      4.  A district created pursuant to NRS 271.6312 may be created at any time as designated by a governing body . [, but must only include tracts for which a consent has been recorded pursuant to subsection 2.]

      [4.]5.  As used in this section, “lender” means a mortgagee, the beneficiary of a deed of trust or other creditor who holds a mortgage, deed of trust or other recorded instrument that encumbers a tract as security for the repayment of a loan . [used to purchase the tract.]

      Sec. 17. NRS 271.6321 is hereby amended to read as follows:

      271.6321  Construction of a qualified improvement project within a district created pursuant to NRS 271.6312 must be completed through independent contracts with contractors licensed in Nevada . [who are approved by the governing body.] The municipality is not responsible for the construction, or any defects or delays thereof. The laws of this State relating to public bidding, public works or public procurement are not applicable to contracts for construction [executed pursuant to this subsection. The total contract price of any improvement or installation must not exceed 80 percent of the estimated maximum benefit for the tract as stated in the consent, as it may be amended from time to time, unless the owner of the property to be assessed:

 


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of the estimated maximum benefit for the tract as stated in the consent, as it may be amended from time to time, unless the owner of the property to be assessed:

      1.  Agrees to pay and pays, or causes another party to pay, the difference between 80 percent of the estimated maximum benefit and the total contract price from a source other than financing provided pursuant to this chapter; and

      2.  Agrees in writing that the improvement or installation will in fact benefit the tract by an amount at least equal to the sum of the estimated maximum benefit stated in the consent and the amount to be paid from a source other than financing provided pursuant to this chapter.] of a qualified improvement project.

      Sec. 18. NRS 271.6325 is hereby amended to read as follows:

      271.6325  1.  Before creating a district pursuant to NRS 271.6312, a governing body must adopt a resolution which specifies the procedures for the creation and administration of such a district.

      2.  The resolution adopted pursuant to subsection 1 must approve a program guide that contains, without limitation:

      (a) A draft voluntary assessment agreement between the municipality and the property owner;

      (b) A draft notice of assessment and assessment lien; and

      (c) A draft assignment of the assessment and the assessment lien.

      3.  The resolution adopted pursuant to subsection 1 or the program guide approved pursuant to subsection 2 must:

      (a) Require that the property owner agree to the assessment in the amount approved by the governing body as repayment for the financing of the qualified improvement project.

      (b) Require that the property owner acknowledge that an assessment lien will be recorded on the real property pursuant to section 12 of this act to secure the repayment of the financing set forth in the financing agreement.

      (c) Prohibit any financing agreement the duration of which exceeds the expected useful life of the qualified improvement project or, if the qualified improvement project includes more than one qualified improvement, the weighted average expected life of all qualified improvements included in the qualified improvement project that are financed by the financing agreement or bond issuance.

      (d) Describe the application and eligibility requirements for real property to be included in a district, including, without limitation, with respect to a resiliency project. Such provisions must set forth:

             (1) The nature of resiliency improvements that may be included in a resiliency project;   

            (2) The standards and codes that must be met for a resiliency project to be a qualified improvement; and

             (3) The types of licensed professionals who are approved by the municipality to determine whether the resiliency project meets the definition set forth in section 8 of this act, as required by NRS 271.6312, including, without limitation, whether a specific type of resiliency project needs to be approved by:

                   (I) An architect registered pursuant to chapter 623 of NRS;

                   (II) A landscape architect registered pursuant to chapter 623A of NRS;

                   (III) A professional engineer licensed pursuant to chapter 625 of NRS;

 


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                   (IV) An environmental health specialist that has a certificate of registration pursuant to chapter 625A of NRS;

                   (V) A land use planner certified by the American Institute of Certified Planners; or

                   (VI) Any other licensed professional person, as set forth in the resolution or program guide.

      (e) Describe the requirements to be a capital provider.

      (f) Require each application to be reviewed on its own merits.

      (g) Require each application to include the submission of the analysis or feasibility study required pursuant to NRS 271.6312.

      (h) Provide that any approval of a qualified improvement project by a municipality will only apply to the tract or tracts set forth in the application.

      (i) Set forth guidelines for a certified appraiser to determine the fair market value of the property that will be assessed.

      4.  The resolution or program guide may provide for one or more of the following:

      (a) Additional notices of the proposal to create the district, notices of the opportunity to apply for inclusion in the district or any other notices;

      (b) Any additional requirements for a qualified improvement project, including, without limitation, any requirement for insurance, security features or additional covenants and agreements that must be entered into by the municipality, capital provider, property owner and, if applicable, lessee;

      (c) If applicable:

             (1) A reserve of money for bonds issued for the district, the method of funding the reserve and the disposition of any interest earned upon or the principal of the reserve that is not needed to repay any bonds or interim warrants issued for the purposes of financing [an energy efficiency improvement project or renewable energy] a qualified improvement project within the district; and

      [(c)](2) Any other security for those bonds or interim warrants ; [, and the method of determining the term of the bonds in compliance with NRS 271.515;]

      (d) Any requirements for casualty insurance, liability insurance or other types of insurance for any project within the district;

      (e) The method of determining the lien-to-value ratio of the property for the purpose of complying with the limitation prescribed by paragraph (d) of subsection [1] 2 of NRS 271.6315;

      (f) Any limitation on the lien-to-value ratio that would result in a lower lien-to-value ratio than that prescribed by paragraph (d) of subsection [1] 2 of NRS 271.6315;

      (g) [Any limitation on the amount of the contract price, as a percentage of the estimated maximum benefit, that is lower than the limitation prescribed by NRS 271.6321;

      (h)] Any sources, other than the proceeds of assessments, that will be used to pay:

             (1) The cost of construction and installation of improvements financed pursuant to NRS 271.6312 to 271.6325, inclusive [;] , and sections 2 to 13.5, inclusive, of this act;

             (2) The cost of any reserve of money or other security for financing [an energy efficiency improvement project or renewable energy] a qualified improvement project pursuant to NRS 271.6312 to 271.6325, inclusive [;] , and sections 2 to 13.5, inclusive, of this act; or

 


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             (3) The cost of engineering work, the cost to issue any bonds or provide other financing, or the cost of other incidentals pursuant to NRS 271.6312 to 271.6325, inclusive [;] , and sections 2 to 13.5, inclusive, of this act;

      [(i)](h) Any other security features, covenants required of property owners, covenants required of other parties or any other covenants, guarantees, insurance or other matters which the governing body finds are necessary or desirable for the financing of [an energy efficiency improvement project or renewable energy] a qualified improvement project pursuant to NRS 271.6312 to 271.6325, inclusive [;] , and sections 2 to 13.5, inclusive, of this act; [and

      (j)](i) Any other matters, procedures or financing or program terms which the governing body, in its sole discretion, determines are necessary or desirable to carry out the purposes of NRS 271.6312 to 271.6325, inclusive [.] , and sections 2 to 13.5, inclusive, of this act, including, without limitation, any requirement related to the estimated benefit conferred on the property by the qualified improvement project;

      (j) The amount of, or the basis for determining the amount of, any application or administrative fees that must be paid to the municipality, the program administrator, or both, and the time when any such fee will be due; and

      (k) A designation delegating all or any part of the governance and administration of the district to:

             (1) The governing body;

             (2) A designated official, department or employee of the municipality; or

             (3) An independent third party administrator.

      [2.]5. A resolution adopted pursuant to this section [:

      (a) Must contain or incorporate by reference an exhibit describing each tract to be assessed, the type of improvement or installation to be financed for each tract and the estimated maximum benefit as stated in the consent provided pursuant to paragraph (b) of subsection 1 of NRS 271.6315.

      (b)May] must be adopted [as if an emergency exists by a vote of not less than two-thirds of all the voting members of the governing body.] by a majority vote of the governing body. Such a resolution is effective upon adoption or on any date thereafter, as provided in the resolution.

      Sec. 19.  1.  The provisions of sections 1 to 18, inclusive, of this act may be used by the governing body of a municipality that has created a district pursuant to NRS 271.6312 to 271.6325, inclusive, before October 1, 2021, but the provisions of sections 1 to 18, inclusive, of this act do not affect any financing, billing, collection or enforcement of financing of any existing project in the district created pursuant to NRS 271.6312 to 271.6325, before October 1, 2021.

      2.  As used in this section:

      (a) “Governing body” has the meaning ascribed to it in NRS 271.115.

      (b) “Municipality” has the meaning ascribed to it in NRS 271.145.

      (c) “Project” means an energy efficiency improvement project or renewable energy project that began before October 1, 2021, in a district created pursuant to NRS 271.6312 to 271.6325, inclusive, as those provisions existed on September 30, 2021.

________

 


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ê2021 Statutes of Nevada, Page 3253ê

 

CHAPTER 500, SB 177

Senate Bill No. 177–Senators Ratti, Cannizzaro, Scheible; Donate, Dondero Loop, Goicoechea, Kieckhefer, Neal, Ohrenschall and Seevers Gansert

 

Joint Sponsors: Assemblymen Benitez-Thompson, Bilbray-Axelrod, González, Hardy, Krasner, Marzola, Orentlicher, Summers-Armstrong, Tolles and Torres

 

CHAPTER 500

 

[Approved: June 8, 2021]

 

AN ACT relating to crimes; revising provisions governing eligibility for and awarding of grants from the Account for Aid for Victims of Domestic Violence; renaming the Account; increasing the portion of the fee for a marriage license that funds the Account; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Account for Aid for Victims of Domestic Violence in the State General Fund, which is administered by the Administrator of the Division of Child and Family Services of the Department of Health and Human Services. (NRS 217.440) Under existing law, a nonprofit organization is eligible for a grant from the Account if, among other requirements, the nonprofit organization provides its services exclusively for victims of domestic violence within this State. (NRS 217.420, 217.440) Section 2 of this bill revises the eligibility for a grant to instead require that the nonprofit organization provide its services: (1) exclusively for victims of domestic or sexual violence if located in a county whose population is 100,000 or more (currently Clark and Washoe Counties); or (2) primarily for victims of domestic or sexual violence in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties). Section 2 also excludes nonprofit organizations that provide services exclusively to victims of sexual violence from the eligibility requirement that the nonprofit organization be able to provide: (1) shelter to victims on any day, at any hour; and (2) facilities where food can be stored and prepared.

      Existing law governs the allocation of money in the Account for grants for each county. Existing law requires the allocation of 15 percent of all money granted from the Account to organizations in a county whose population is 700,000 or more (currently Clark County) to an organization in the county which has been specifically created to assist victims of sexual assault. (NRS 217.410, 217.450) Section 4 of this bill requires that 75 percent of the money allocated to each county be allocated for grants for services for victims of domestic violence and 25 percent be allocated for grants for services for victims of sexual violence. Section 4 also requires the Administrator of the Division to award grants to not more than: (1) one applicant to provide services for victims of domestic violence and one applicant to provide services for victims of sexual violence in counties whose population is less than 100,000; and (2) two applicants to provide services for victims of domestic violence and two applicants to provide services for victims of sexual violence in counties whose population is 100,000 or more. Section 9 of this bill eliminates the requirement for the allocation of 15 percent of all money granted from the Account to organizations in a county whose population is 700,000 or more to an organization which has been specifically created to assist victims of sexual assault.

 


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      Section 3 of this bill renames the Account as the Account for Aid for Victims of Domestic or Sexual Violence to reflect the additional use of money in the Account for services for victims of sexual violence. Section 1 of this bill revises the definition of the term “victim of sexual assault” to include the term “victim of sexual violence” within the same definition for purposes of providing assistance to such victims. Section 5 of this bill makes a conforming change for purposes of furnishing certain reports to the Administrator.

      Existing law requires a county clerk to collect certain fees when issuing a marriage license. A portion of the fees a county clerk collects when issuing a marriage license is dedicated to the Account for Aid for Victims of Domestic Violence. (NRS 122.060) Section 6 of this bill increases the portion of the fee for a marriage license that funds the Account from $25 to $50.

 

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 217.400 is hereby amended to read as follows:

      217.400  As used in NRS 217.400 to 217.475, inclusive, unless the context otherwise requires:

      1.  “Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

      2.  “Division” means the Division of Child and Family Services of the Department of Health and Human Services.

      3.  “Domestic violence” means:

      (a) The attempt to cause or the causing of bodily injury to a family or household member or the placing of the member in fear of imminent physical harm by threat of force.

      (b) Any of the following acts committed by a person against a family or household member, a person with whom he or she had or is having a dating relationship or with whom he or she has a child in common, or upon his or her minor child or a minor child of that person:

             (1) A battery.

             (2) An assault.

             (3) Compelling the other by force or threat of force to perform an act from which he or she has the right to refrain or to refrain from an act which he or she has the right to perform.

             (4) A sexual assault.

             (5) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, without limitation:

                   (I) Stalking.

                   (II) Arson.

                   (III) Trespassing.

                   (IV) Larceny.

                   (V) Destruction of private property.

                   (VI) Carrying a concealed weapon without a permit.

             (6) False imprisonment.

 


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             (7) Unlawful entry of the other’s residence, or forcible entry against the other’s will if there is a reasonably foreseeable risk of harm to the other from the entry.

      4.  “Family or household member” means a spouse, a former spouse, a parent or other adult person who is related by blood or marriage or is or was actually residing with the person committing the act of domestic violence.

      5.  “Participant” means an adult, child or incapacitated person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive.

      6.  “Victim of domestic violence” includes the dependent children of the victim.

      7.  “Victim of human trafficking” means a person who is a victim of:

      (a) Involuntary servitude as set forth in NRS 200.463 or 200.464.

      (b) A violation of any provision of NRS 200.465.

      (c) Trafficking in persons in violation of any provision of NRS 200.467 or 200.468.

      (d) Sex trafficking in violation of any provision of NRS 201.300.

      (e) A violation of NRS 201.320 or 201.395.

      8.  “Victim of sexual assault” [means] and “victim of sexual violence” mean a person who has been sexually assaulted as defined in NRS 200.366 or a person upon whom a sexual assault has been attempted.

      9.  “Victim of stalking” means a person who is a victim of the crime of stalking or aggravated stalking as set forth in NRS 200.575.

      Sec. 2. NRS 217.420 is hereby amended to read as follows:

      217.420  To be eligible for a grant from the Account for Aid for Victims of Domestic or Sexual Violence, an applicant must:

      1.  Be a nonprofit corporation, incorporated or qualified in this state.

      2.  Be governed by a board of trustees which reflects the racial, ethnic, economic and social composition of the county to be served and includes at least one trustee who has been a victim of domestic or sexual violence.

      3.  Receive at least 15 percent of its money from sources other than the Federal Government, the State, any local government or other public body or their instrumentalities. Any goods or services which are contributed to the organization may be assigned their reasonable monetary value for the purpose of complying with the requirement of this subsection.

      4.  Provide its services [exclusively] :

      (a) Exclusively for victims of domestic or sexual violence and only within this state [.] if located in a county whose population is 100,000 or more; or

      (b) Primarily for victims of domestic or sexual violence and only within this state if located in a county whose population is less than 100,000.

      5.  Require its employees and volunteer assistants to maintain the confidentiality of any information which would identify persons receiving the services.

      6.  Provide its services without any discrimination on the basis of race, religion, color, age, sex, sexual orientation, gender identity or expression, marital status, national origin or ancestry.

      7.  Be able to provide:

 


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      (a) Except in counties whose population is less than 100,000 [,] or if the organization provides services exclusively to victims of sexual violence, shelter to victims on any day, at any hour.

      (b) A telephone service capable of receiving emergency calls on any day, at any hour.

      (c) Except in counties whose population is less than 100,000 [,] or if the organization provides services exclusively to victims of sexual violence, facilities where food can be stored and prepared.

      (d) Counseling, or make referrals for counseling, for victims [or spouses] , partners of victims and [their children.] family members.

      (e) Assistance to victims in obtaining legal, medical, psychological or vocational help.

      (f) Education and training , including prevention programs, for members of the community on matters which relate to domestic and sexual violence.

      Sec. 3. NRS 217.440 is hereby amended to read as follows:

      217.440  1.  An Account for Aid for Victims of Domestic or Sexual Violence is hereby created in the State General Fund. The Account must be administered by the Administrator of the Division.

      2.  Any nonprofit organization in the State which is able to meet the requirements specified in subsection 7 of NRS 217.420 may apply for a grant from the Account for Aid for Victims of Domestic or Sexual Violence.

      3.  An application for a grant must be received by the Division before April 1 preceding the fiscal year for which the grant is sought.

      Sec. 4. NRS 217.450 is hereby amended to read as follows:

      217.450  1.  The Commission on Behavioral Health shall advise the Administrator of the Division concerning the award of grants from the Account for Aid for Victims of Domestic or Sexual Violence.

      2.  The Administrator of the Division shall give priority to those applications for grants from the Account for Aid for Victims of Domestic or Sexual Violence submitted by organizations which offer the broadest range of services for the least cost within one or more counties. The Administrator shall not approve the use of money from a grant to acquire any buildings.

      3.  The Administrator of the Division shall award grants to not more than:

      (a) One applicant to provide services for victims of domestic violence and one applicant to provide services for victims of sexual violence in counties whose population is less than 100,000; and

      (b) Two applicants to provide services for victims of domestic violence and two applicants to provide services for victims of sexual violence in counties whose population is 100,000 or more.

      4.  The Administrator of the Division has the final authority to approve or deny an application for a grant. The Administrator shall notify each applicant in writing of the action taken on its application within 45 days after the deadline for filing the application.

      [4.] 5.  In determining the amount of money to be allocated for grants, the Administrator of the Division shall use the following formula:

      (a) A basic allocation of $7,000 must be made for each county whose population is less than 100,000. For counties whose population is 100,000 or more, the basic allocation is $35,000. These allocations must be increased or decreased for each fiscal year ending after June 30, 1990, by the same percentage that the amount deposited in the account during the preceding fiscal year, pursuant to NRS 122.060, is greater or less than the sum of $791,000.

 


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decreased for each fiscal year ending after June 30, 1990, by the same percentage that the amount deposited in the account during the preceding fiscal year, pursuant to NRS 122.060, is greater or less than the sum of $791,000.

      (b) Any additional revenue available in the Account must be allocated to grants, on a per capita basis, for all counties whose population is 20,000 or more.

      (c) Seventy-five percent of the revenue allocated to each county must be allocated for grants for services for victims of domestic violence and 25 percent must be allocated for grants for services for victims of sexual violence.

      (d) Money remaining in the Account after disbursement of grants does not revert and may be awarded in a subsequent year.

      Sec. 5. NRS 217.460 is hereby amended to read as follows:

      217.460  Each organization which has received a grant for assistance to victims of domestic or sexual violence shall furnish quarterly and annual financial reports to the Administrator of the Division in a manner which the Administrator may prescribe.

      Sec. 6. NRS 122.060 is hereby amended to read as follows:

      122.060  1.  The county clerk is entitled to receive as his or her fee for issuing a marriage license the sum of $21.

      2.  The county clerk shall also at the time of issuing the marriage license:

      (a) Collect the sum of $10 and:

             (1) If the board of county commissioners has adopted an ordinance pursuant to NRS 246.100, deposit the sum into the county general fund pursuant to NRS 246.180 for filing the originally signed certificate of marriage described in NRS 122.120.

             (2) If the board of county commissioners has not adopted an ordinance pursuant to NRS 246.100, pay it over to the county recorder as his or her fee for recording the originally signed certificate of marriage described in NRS 122.120.

      (b) Collect the additional fee described in subsection 2 of NRS 246.180, if the board of county commissioners has adopted an ordinance authorizing the collection of such fee, and deposit the fee pursuant to NRS 246.190.

      (c) Collect the additional fee imposed pursuant to NRS 246.075, if the board of county commissioners has adopted an ordinance imposing the fee.

      3.  The county clerk shall also at the time of issuing the marriage license collect the additional sum of $4 for the State of Nevada. The fees collected for the State must be paid over to the county treasurer by the county clerk on or before the fifth day of each month for the preceding calendar month, and must be placed to the credit of the State General Fund. The county treasurer shall remit quarterly all such fees deposited by the county clerk to the State Controller for credit to the State General Fund.

      4.  The county clerk shall also at the time of issuing the marriage license collect the additional sum of [$25] $50 for the Account for Aid for Victims of Domestic or Sexual Violence in the State General Fund. The fees collected for this purpose must be paid over to the county treasurer by the county clerk on or before the fifth day of each month for the preceding calendar month, and must be placed to the credit of that Account.

 


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county clerk on or before the fifth day of each month for the preceding calendar month, and must be placed to the credit of that Account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the county clerk to the State Controller for credit to that Account.

      5.  Any fee charged and collected pursuant to this section is separate and distinct from any administrative fee charged and collected by a county clerk’s office, including, without limitation, a fee for certifying a copy of a marriage license.

      Sec. 7.  1.  Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.

      2.  Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.

      3.  Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.

      Sec. 8.  The Legislative Counsel shall:

      1.  In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

      2.  In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

      Sec. 9. NRS 217.410 is hereby repealed.

      Sec. 10.  This act becomes effective on July 1, 2021.

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ê2021 Statutes of Nevada, Page 3259ê

 

CHAPTER 501, AB 404

Assembly Bill No. 404–Committee on Judiciary

 

CHAPTER 501

 

[Approved: June 8, 2021]

 

AN ACT relating to domestic violence; establishing provisions relating to the proper venue for filing an application for an order for protection against domestic violence; revising provisions relating to the information included in an application for an order for protection against domestic violence; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a person to file an application for a temporary or extended order for protection against domestic violence but does not specify which county is the proper venue for filing such an application. (NRS 33.020) Section 1 of this bill authorizes an applicant to file an application in the county in which: (1) the applicant resides; (2) the applicant is temporarily located, away from the county in which he or she resides, to avoid the threat of domestic violence from the adverse party; (3) the adverse party resides; or (4) the act of domestic violence against the applicant by the adverse party occurred or there exists a threat of domestic violence against the applicant from the adverse party. Section 2 of this bill makes a conforming change to indicate the placement of section 1 within the Nevada Revised Statutes.

      Section 3 of this bill authorizes an applicant for a temporary or extended order for protection against domestic violence to decline to disclose his or her address and contact information in an application under certain circumstances. Section 3 provides that if the applicant reasonably believes that disclosing his or her address and contact information in the application would jeopardize his or her safety, the applicant may decline to disclose such information. If the applicant declines to disclose such information, then such information: (1) must be disclosed to the court and, for criminal justice purposes, to any other authorized agency of criminal justice; (2) must be maintained in a separate, confidential, electronic document or database which is not publicly accessible; and (3) must not be released, disclosed or made accessible to the public, except as authorized by the court.

 

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

      An application for a temporary or extended order may be filed in the county in which:

      1.  The applicant resides;

      2.  The applicant is temporarily located, away from the county in which he or she resides, to avoid the threat of domestic violence from the adverse party;

      3.  The adverse party resides; or

      4.  The act of domestic violence committed against the applicant by the adverse party occurred or there exists a threat of domestic violence against the applicant from the adverse party.

 


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ê2021 Statutes of Nevada, Page 3260 (CHAPTER 501, AB 404)ê

 

      Sec. 2. NRS 33.017 is hereby amended to read as follows:

      33.017  As used in NRS 33.017 to 33.100, inclusive, and section 1 of this act, unless the context otherwise requires:

      1.  “Extended order” means an extended order for protection against domestic violence.

      2.  “Temporary order” means a temporary order for protection against domestic violence.

      Sec. 3. NRS 33.020 is hereby amended to read as follows:

      33.020  1.  If it appears to the satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence, the court may grant a temporary or extended order. A court shall only consider whether the act of domestic violence or the threat thereof satisfies the requirements of NRS 33.018 without considering any other factor in its determination to grant the temporary or extended order.

      2.  A temporary or extended order must not be granted to the applicant or the adverse party unless the applicant or the adverse party has requested the order and has filed a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence. If the applicant reasonably believes that disclosing his or her address and contact information in the application would jeopardize his or her safety, the applicant may decline to disclose his or her address and contact information in the application. If the applicant declines to disclose his or her address and contact information in the application, then such information:

      (a) Must be disclosed to the court and, for criminal justice purposes, to any other authorized agency of criminal justice to allow the agency of criminal justice to carry out any duty required pursuant to NRS 33.017 to 33.100, inclusive, and section 1 of this act;

      (b) Must be maintained in a separate, confidential, electronic document or database which is not publicly accessible; and

      (c) Must not be released, disclosed or made accessible to the public, except as authorized by the court.

      3.  The court may require the applicant or the adverse party, or both, to appear before the court before determining whether to grant the temporary or extended order.

      4.  A temporary order may be granted with or without notice to the adverse party. An extended order may only be granted after notice to the adverse party and a hearing on the application.

      5.  A hearing on an application for an extended order must be held within 45 days after the date on which the application for the extended order is filed. If the adverse party has not been served pursuant to NRS 33.060 or 33.065 and fails to appear at the hearing, the court may, upon a showing that law enforcement, after due diligence, has been unable to serve the adverse party or that the adverse party has sought to avoid service by concealment, set a date for a second hearing which must be held within 90 days after the date on which the first hearing was scheduled.

      6.  If the adverse party has not been served pursuant to NRS 33.060 or 33.065 and fails to appear on the date set for a second hearing on an application for an extended order pursuant to subsection 5, the court may, upon a showing that law enforcement, after due diligence, has been unable to serve the adverse party or that the adverse party has sought to avoid service by concealment, set a date for a third hearing which must be held within 90 days after the date on which the second hearing was scheduled.

 


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ê2021 Statutes of Nevada, Page 3261 (CHAPTER 501, AB 404)ê

 

upon a showing that law enforcement, after due diligence, has been unable to serve the adverse party or that the adverse party has sought to avoid service by concealment, set a date for a third hearing which must be held within 90 days after the date on which the second hearing was scheduled.

      7.  The court shall rule upon an application for a temporary order within 1 judicial day after it is filed.

      8.  If it appears to the satisfaction of the court from specific facts communicated by telephone to the court by an alleged victim that an act of domestic violence has occurred and the alleged perpetrator of the domestic violence has been arrested and is presently in custody pursuant to NRS 171.137, the court may grant a temporary order. Before approving an order under such circumstances, the court shall confirm with the appropriate law enforcement agency that the applicant is an alleged victim and that the alleged perpetrator is in custody. Upon approval by the court, the signed order may be transmitted to the facility where the alleged perpetrator is in custody by electronic or telephonic transmission to a facsimile machine. If such an order is received by the facility holding the alleged perpetrator while the alleged perpetrator is still in custody, the order must be personally served by an authorized employee of the facility before the alleged perpetrator is released. The court shall mail a copy of each order issued pursuant to this subsection to the alleged victim named in the order and cause the original order to be filed with the court clerk on the first judicial day after it is issued.

      9.  In a county whose population is 52,000 or more, the court shall be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order pursuant to subsection 8.

      10.  In a county whose population is less than 52,000, the court may be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order pursuant to subsection 8.

      11.  The clerk of the court shall inform the protected party upon the successful transfer of information concerning the registration to the Central Repository for Nevada Records of Criminal History as required pursuant to NRS 33.095.

      12.  As used in this section, “agency of criminal justice” has the meaning ascribed to it in NRS 179A.030.

      Sec. 4.  This act becomes effective on July 1, 2021.

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ê2021 Statutes of Nevada, Page 3262ê

 

CHAPTER 502, AB 196

Assembly Bill No. 196–Assemblywoman Benitez-Thompson

 

CHAPTER 502

 

[Approved: June 8, 2021]

 

AN ACT relating to courts; requiring courthouses to contain lactation rooms for use by members of the public under certain circumstances; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires each public body in this State to provide an employee who is the mother of a child under 1 year of age with a place, other than a bathroom, that is reasonably free from dirt or pollution, protected from the view of others and free from intrusion by others where the employee may express breast milk. (NRS 281.755) Existing federal law requires, with certain exceptions, that federal buildings, including, without limitation, federal courthouses, contain a lactation room that is made available for use by members of the public to express breast milk. (40 U.S.C. § 3318) Section 1 of this bill enacts provisions based on this federal law to require each courthouse to contain a lactation room that may be used by members of the public to express breast milk. Section 1 provides an exception to the requirement if the person who is responsible for the operation of the courthouse determines that: (1) the courthouse does not contain a lactation room for employees; (2) the courthouse does not have a room or other space that could be repurposed or privatized as a lactation room; or (3) new construction would be required to provide the lactation room and the cost of the construction is unfeasible. Section 1 defines “lactation room” as a hygienic place, other than a bathroom, that: (1) is shielded from view; (2) is free from intrusion; and (3) contains a chair, a working surface and an electrical outlet. Additionally, section 1 defines “courthouse” as any building or campus which houses one or more courts.

      Section 1.5 of this bill makes an appropriation from the State General Fund to the Administrative Office of the Courts for allocation as grants to municipal courts, justice courts and district courts for the costs of complying with section 1.

 

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

      1.  Except as otherwise provided in this section, each courthouse must contain a lactation room that members of the public may use to express breast milk.

      2.  The requirements of subsection 1 do not apply to a courthouse if the person who is responsible for the operation of the courthouse determines that:

      (a) The courthouse does not contain a lactation room for employees;

      (b) The courthouse does not have:

             (1) A room that could be repurposed as a lactation room; or

             (2) A space that could be made private at a reasonable cost using portable materials; or

 


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ê2021 Statutes of Nevada, Page 3263 (CHAPTER 502, AB 196)ê

 

      (c) New construction would be required to create the lactation room and the cost of such construction is unfeasible.

      3.  Nothing in this section shall be construed to authorize a person to enter a courthouse if the person is not authorized to enter the courthouse.

      4.  As used in this section:

      (a) “Courthouse” means any building or campus which houses one or more courts.

      (b) “Lactation room” means a hygienic place, other than a bathroom, that:

             (1) Is shielded from the view of others;

             (2) Is free from intrusion by others; and

             (3) Contains:

                   (I) A chair;

                   (II) A working surface; and

                   (III) An electrical outlet.

      Sec. 1.5.  1.  There is hereby appropriated from the State General Fund to the Administrative Office of the Courts the sum of $50,000 for allocation pursuant to subsection 2 for the purpose of awarding grants of money to municipal courts, justice courts and district courts for the costs of complying with section 1 of this act.

      2.  To the extent that money is available from the appropriation made by subsection 1, allocation of the money appropriated by subsection 1 as a grant is contingent upon matching money being provided by the court applying for such a grant from sources other than the appropriation made by subsection 1, including, without limitation, gifts, grants and donations to the court from private and public sources of money. The Administrative Office of the Courts shall not distribute any money from the appropriation made by subsection 1 until the court submits to the Administrative Office of the Courts proof satisfactory to the Administrative Office of the Courts that matching money in an equivalent amount has been committed.

      3.  Upon acceptance of the money allocated as a grant pursuant to subsection 2, the court that was awarded the grant agrees to:

      (a) Prepare and transmit a report to the Administrative Office of the Courts on or before December 16, 2022, that describes each expenditure made from the money allocated pursuant to subsection 2 from the date on which the money was received by the court through December 1, 2022;

      (b) Prepare and transmit a final report to the Administrative Office of the Courts on or before September 15, 2023, that describes each expenditure made from the money allocated pursuant to subsection 2 from the date on which the money was received by the court through June 30, 2023; and

      (c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the court, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money allocated pursuant to subsection 2.

      4.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.

 


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ê2021 Statutes of Nevada, Page 3264 (CHAPTER 502, AB 196)ê

 

was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.

      Sec. 2.  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. 3.  1.  This section and section 1.5 of this act become effective on July 1, 2021.

      2.  Sections 1 and 2 of this act become effective on January 1, 2022.

________

CHAPTER 503, AB 224

Assembly Bill No. 224–Assemblymen Duran, Titus, Marzola, Torres, González; Anderson, Brown-May, Considine, Flores, Gorelow, Jauregui, Krasner, Leavitt, Martinez, C.H. Miller, Monroe-Moreno, Nguyen, Orentlicher, Peters, Roberts, Thomas, Tolles and Watts

 

CHAPTER 503

 

[Approved: June 8, 2021]

 

AN ACT relating to education; requiring that the annual report of accountability prepared by the board of trustees of each school district and the governing bodies of certain charter schools include certain information related to menstrual products; requiring the provision of menstrual products in the bathrooms of certain public schools; requiring the board of trustees of each school district and the governing bodies of certain charter schools to develop a plan to address access to menstrual products; requiring the board of trustees of each school district and the governing bodies of certain charter schools to submit a report to the Legislature; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the board of trustees of each school district and the governing bodies of certain charter schools in this State to prepare an annual report of accountability. (NRS 385A.070) Section 1 of this bill requires the report to include information on access to menstrual products in each middle school, junior high school and high school in the school district and certain charter schools. Section 3 of this bill requires the board of trustees of each school district and the governing bodies of certain charter schools to ensure that menstrual products are provided at no cost to pupils in the bathrooms of each middle school, junior high school and high school in the school district or charter school operating as such a school. Section 3 also requires the board of trustees of each school district and the governing bodies of certain charter schools to develop a plan to address access to menstrual products. Section 3 sets forth various requirements of the plan. Finally, section 3 requires the board of trustees or governing body to submit a report on the plan to the Director of the Legislative Counsel Bureau for transmittal to the Legislature in each odd-numbered year.

      Section 3.3 of this bill requires 25 percent of certain middle schools, junior high schools and high schools in each school district and 25 percent of certain charter schools with the same sponsor that operate as a middle school, junior high school or high school to provide menstrual products at no cost to pupils in a certain number of restrooms.

 


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ê2021 Statutes of Nevada, Page 3265 (CHAPTER 503, AB 224)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 385A of NRS is hereby amended by adding thereto a new section to read as follows:

      The annual report of accountability prepared pursuant to NRS 385A.070 must include, for each middle school, junior high school and high school in the school district and for each charter school that operates as a middle school, junior high school or high school, an evaluation of access to menstrual products.

      Sec. 2. NRS 385A.070 is hereby amended to read as follows:

      385A.070  1.  The board of trustees of each school district in this State, in cooperation with associations recognized by the State Board as representing licensed educational personnel in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the State Board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools sponsored by the school district. The board of trustees of each school district shall report the information required by NRS 385A.070 to 385A.320, inclusive, and section 1 of this act for each charter school sponsored by the school district. The information for charter schools must be reported separately.

      2.  The board of trustees of each school district shall, on or before December 31 of each year, prepare for the immediately preceding school year a single annual report of accountability concerning the educational goals and objectives of the school district, the information prescribed by NRS 385A.070 to 385A.320, inclusive, and section 1 of this act and such other information as is directed by the Superintendent of Public Instruction. A separate reporting for a group of pupils must not be made pursuant to NRS 385A.070 to 385A.320, inclusive, and section 1 of this act if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The Department shall use the mechanism approved by the United States Department of Education for the statewide system of accountability for public schools for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

      3.  The State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall, on or before December 31 of each year, prepare for the immediately preceding school year an annual report of accountability of the charter schools sponsored by the State Public Charter School Authority or institution, as applicable, concerning the accountability information prescribed by the Department pursuant to this section. The Department, in consultation with the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school, shall prescribe by regulation the information that must be prepared by the State Public Charter School Authority and institution, as applicable, which must include, without limitation, the information contained in subsection 2 and NRS 385A.070 to 385A.320, inclusive, and section 1 of this act as applicable to charter schools. The Department shall provide for public dissemination of the annual report of accountability prepared pursuant to this section by posting a copy of the report on the Internet website maintained by the Department.

 


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ê2021 Statutes of Nevada, Page 3266 (CHAPTER 503, AB 224)ê

 

annual report of accountability prepared pursuant to this section by posting a copy of the report on the Internet website maintained by the Department.

      4.  The annual report of accountability prepared pursuant to this section must be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      Sec. 3. Chapter 386 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board of trustees of each school district and the governing body of each charter school that operates as a middle school, junior high school or high school shall ensure that menstrual products are provided at no cost to pupils in the bathrooms of each middle school, junior high school and high school in the school district or charter school.

      2.  The board of trustees of each school district and the governing body of each charter school that operates as middle school, junior high school or high school shall develop a plan to address the lack of access to menstrual products due to affordability and to provide equal access to menstrual products. The board of trustees or governing body shall review the plan each year. The plan must, without limitation:

      (a) Evaluate the access to and quality of menstrual products in the middle schools, junior high schools and high schools in the school district or charter school;

      (b) Include a method to evaluate the effectiveness of the plan;

      (c) Be evidence-based;

      (d) Be solution-oriented;

      (e) Outline how the school district or charter school will ensure access to menstrual products regardless of affordability and destigmatize the need for menstrual products; and

      (f) Outline any curriculum a school in the school district or a charter school may provide regarding access to menstrual products.

      3.  The board of trustees of a school district or governing body of a charter school that operates as a middle school, junior high school or high school may apply for any available grants and accept any gifts, grants or donations to implement the provisions of this section.

      4.  On or before February 1 of each odd-numbered year, the board of trustees of each school district and the governing body of each charter school that operates as a middle school, junior high school or high school shall submit a report on the plan developed pursuant to subsection 2 to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature.

      5.  As used in this section, “menstrual products” includes, without limitation, sanitary napkins, tampons or similar products used in connection with the menstrual cycle.

      Sec. 3.3.  On or before January 1, 2022, at least the 25 percent of the middle schools, junior high schools and high schools in each school district and the 25 percent of the charter schools with the same sponsor that operate as a middle school, junior high school or high school that, in the immediately preceding 3 consecutive years, had the highest percentage of pupils who receive free and reduced-price lunches of the schools in the school district or the charter schools with the same sponsor shall provide:

      1.  Menstrual products at no cost to pupils in women’s restrooms for the remainder of the 2021-2022 school year and the 2022-2023 school year; and

 


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ê2021 Statutes of Nevada, Page 3267 (CHAPTER 503, AB 224)ê

 

      2.  At least one dispenser stocked with menstrual products at no cost to pupils in at least two women’s restrooms in the school, if the school has two or more women’s restrooms.

      Sec. 3.7.(Deleted by amendment.)

      Sec. 4.  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. 5.  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. 6.  This act becomes effective on July 1, 2021.

________

CHAPTER 504, SB 190

Senate Bill No. 190–Senators Cannizzaro, Ratti, Lange, Dondero Loop, Scheible; Brooks, Donate, D. Harris, Ohrenschall and Spearman

 

Joint Sponsors: Assemblymen Torres, Nguyen, Gorelow, Marzola, Flores; Bilbray-Axelrod, Considine and González

 

CHAPTER 504

 

[Approved: June 8, 2021]

 

AN ACT relating to contraceptives; requiring the State Board of Pharmacy to establish a protocol under which a pharmacist may dispense self-administered hormonal contraceptives to any patient; authorizing a pharmacist to dispense self-administered hormonal contraceptives to any patient; requiring the State Plan for Medicaid and certain health insurance plans to provide certain benefits relating to self-administered hormonal contraceptives; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a pharmacist to dispense up to a 12-month supply or an amount equivalent to the balance of the plan year if the patient is covered by a health care plan, whichever is less, of a contraceptive or its therapeutic equivalent pursuant to a valid prescription or order if certain conditions are met. (NRS 639.28075) Section 2.5 of this bill requires the State Board of Pharmacy to adopt regulations that establish a protocol to allow a pharmacist to dispense a self-administered hormonal contraceptive to any patient. Section 3 of this bill authorizes a pharmacist to dispense a self-administered hormonal contraceptive under the protocol established pursuant to section 2.5 and establishes the procedures the pharmacist must follow to dispense such a contraceptive. Section 3 requires such a pharmacist to: (1) provide a risk assessment questionnaire prescribed by the Board pursuant to section 2.5 to the patient before the pharmacist dispenses the self-administered hormonal contraceptive; (2) create a record concerning the dispensing of the self-administered hormonal contraceptive; (3) provide the patient with a written record of the request and the self-administered hormonal contraceptive dispensed and certain additional information; and (4) comply with the regulations adopted pursuant to section 2.5 and any guidelines recommended by the manufacturer. Section 3 requires the Board to post on an Internet website a list of pharmacies that dispense self-administered hormonal contraceptives under the protocol established pursuant to section 2.5. Section 8.5 of this bill makes a conforming change to account for the provisions of sections 2.5 and 3 authorizing a pharmacist to dispense a drug that has not been prescribed by a practitioner.

 


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ê2021 Statutes of Nevada, Page 3268 (CHAPTER 504, SB 190)ê

 

      Existing law defines the term “practice of pharmacy” for the purpose of determining which activities require a person to be registered and regulated by the State Board of Pharmacy as a pharmacist. (NRS 639.0124) Section 5 of this bill provides that the practice of pharmacy includes the dispensing of self-administered hormonal contraceptives by a pharmacist in accordance with section 3 and, thus, requires persons engaged in the dispensing of such contraceptives to be registered and regulated as pharmacists.

      Existing law authorizes the State Board of Pharmacy to suspend or revoke any certificate to practice as a registered pharmacist if the holder of or applicant for such a certificate commits certain acts. (NRS 639.210) Section 6 of this bill authorizes the Board to suspend or revoke any certificate to practice as a registered pharmacist if the holder or applicant has dispensed a self-administered hormonal contraceptive under the protocol established pursuant to section 2.5 without complying with the provisions of section 3.

      Existing law requires public and private policies of insurance regulated under Nevada law to include coverage for certain contraceptive drugs and devices, including: (1) up to a 12-month supply of contraceptives; and (2) certain devices for contraception. (NRS 287.010, 287.04335, 689A.0418, 689B.0378, 689C.1676, 695A.1865, 695B.1919, 695C.1696, 695G.1715) Existing law also requires employers to provide certain benefits to employees, including the coverage required for health insurers, if the employer provides health benefits for its employees. (NRS 608.1555) Sections 7 and 9-15 of this bill require that certain public and private policies of insurance and health care plans provide coverage for self-administered hormonal contraceptives dispensed by a pharmacist in accordance with section 3.

 

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 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 2.5 and 3 of this act.

      Sec. 2. “Self-administered hormonal contraceptive” means a self-administered contraceptive that utilizes a hormone and is approved for use by the United States Food and Drug Administration to prevent pregnancy. The term includes, without limitation, an oral contraceptive, a vaginal contraceptive ring, a contraceptive patch and any other method of hormonal contraceptive identified by the protocol established by the Board pursuant to section 2.5 of this act.

      Sec. 2.5. 1.  The Board shall adopt regulations establishing a protocol for dispensing a self-administered hormonal contraceptive, as authorized by section 3 of this act. Those regulations must include, without limitation:

      (a) Requirements governing the information that must be included in a record concerning the dispensing of the self-administered hormonal contraceptive in addition to the information required by section 3 of this act; and

      (b) The amount of time that such a record must be maintained by the dispensing pharmacist or his or her employer.

      2.  The Board shall adopt regulations that prescribe:

      (a) A risk assessment questionnaire that must be provided to a patient who requests a self-administered hormonal contraceptive pursuant to section 3 of this act.

 


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ê2021 Statutes of Nevada, Page 3269 (CHAPTER 504, SB 190)ê

 

      (b) The information that must be provided in writing to a patient to whom a self-administered hormonal contraceptive is dispensed pursuant to section 3 of this act, which may include, without limitation, information concerning:

             (1) The importance of obtaining recommended tests and screening from the patient’s attending provider or another qualified provider of health care who specializes in women’s health;

             (2) The effectiveness of long-acting, reversible contraceptives as an alternative to self-administered hormonal contraceptives;

             (3) When to seek emergency medical services as a result of administering a self-administered hormonal contraceptive; and

             (4) The risk of contracting a sexually transmitted infection and ways to reduce that risk.

      3.  As used in this section:

      (a) “Attending provider” means a provider of health care who provides or has provided care to the patient.

      (b) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 3. 1.  A pharmacist may dispense a self-administered hormonal contraceptive under the protocol established pursuant to section 2.5 of this act to a patient, regardless of whether the patient has obtained a prescription from a practitioner.

      2.  A pharmacist must provide the risk assessment questionnaire prescribed by the Board pursuant to section 2.5 of this act to a patient who requests a self-administered hormonal contraceptive before dispensing the self-administered hormonal contraceptive to the patient. If the patient completes the questionnaire and the results of the questionnaire indicate that it is unsafe to dispense the self-administered hormonal contraceptive to the patient, the pharmacist:

      (a) Must not dispense the self-administered hormonal contraceptive; and

      (b) Must refer the patient to the patient’s attending provider or another qualified provider of health care.

      3.  A pharmacist who dispenses a self-administered hormonal contraceptive under the protocol shall:

      (a) Create a record concerning the dispensing of the self-administered hormonal contraceptive which includes, without limitation, the name of the patient to whom the self-administered hormonal contraceptive was dispensed, the type of self-administered hormonal contraceptive dispensed and any other relevant information required by the protocol prescribed pursuant to section 2.5 of this act. The pharmacist or his or her employer shall maintain the record for the amount of time prescribed in that protocol.

      (b) Inform the patient to whom the self-administered hormonal contraceptive is dispensed concerning:

             (1) Proper administration and storage of the self-administered hormonal contraceptive;

             (2) Potential side effects of the self-administered hormonal contraceptive; and

             (3) The need to use other methods of contraception, if appropriate.

      (c) Provide to the patient to whom the self-administered hormonal contraceptive is dispensed:

             (1) The written record required by subsection 4; and

             (2) Any written information required by the regulations adopted pursuant to section 2.5 of this act.

 


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      (d) Comply with the regulations adopted pursuant to section 2.5 of this act and any guidelines for dispensing the self-administered hormonal contraceptive recommended by the manufacturer.

      4.  A pharmacist shall provide to any patient who requests a self-administered hormonal contraceptive under the protocol a written record of the request, regardless of whether the self-administered hormonal contraceptive is dispensed. The record must include, without limitation:

      (a) A copy of the risk assessment questionnaire if completed by the patient pursuant to subsection 2; and

      (b) A written record of the self-administered hormonal contraceptive requested and any self-administered hormonal contraceptive dispensed.

      5.  Any pharmacy that wishes to dispense self-administered hormonal contraceptives under the protocol must notify the Board of that fact. The Board shall post on an Internet website maintained by the Board a list of the names, addresses and contact information of pharmacies that have provided such notice.

      6.  As used in this section:

      (a) “Attending provider” means a provider of health care who provides or has provided care to the patient.

      (b) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 4. NRS 639.001 is hereby amended to read as follows:

      639.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 639.0015 to 639.016, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 5. NRS 639.0124 is hereby amended to read as follows:

      639.0124  1.  “Practice of pharmacy” includes, but is not limited to, the:

      [1.](a) Performance or supervision of activities associated with manufacturing, compounding, labeling, dispensing and distributing of a drug, including the receipt, handling and storage of prescriptions and other confidential information relating to patients.

      [2.](b) Interpretation and evaluation of prescriptions or orders for medicine.

      [3.](c) Participation in drug evaluation and drug research.

      [4.](d) Advising of the therapeutic value, reaction, drug interaction, hazard and use of a drug.

      [5.](e) Selection of the source, storage and distribution of a drug.

      [6.](f) Maintenance of proper documentation of the source, storage and distribution of a drug.

      [7.](g) Interpretation of clinical data contained in a person’s record of medication.

      [8.](h) Development of written guidelines and protocols in collaboration with a practitioner which are intended for a patient in a licensed medical facility or in a setting that is affiliated with a medical facility where the patient is receiving care and which authorize collaborative drug therapy management. The written guidelines and protocols must comply with NRS 639.2629.

      [9.](i) Implementation and modification of drug therapy, administering drugs and ordering and performing tests in accordance with a collaborative practice agreement.

      (j) Dispensing a self-administered hormonal contraceptive pursuant to section 3 of this act.

 


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[Ê] 2.  The term does not include the changing of a prescription by a pharmacist or practitioner without the consent of the prescribing practitioner, except as otherwise provided in NRS 639.2583 [.] and section 3 of this act.

      Sec. 6. NRS 639.210 is hereby amended to read as follows:

      639.210  The Board may suspend or revoke any certificate, license, registration or permit issued pursuant to this chapter, and deny the application of any person for a certificate, license, registration or permit, if the holder or applicant:

      1.  Is not of good moral character;

      2.  Is guilty of habitual intemperance;

      3.  Becomes or is intoxicated or under the influence of liquor, any depressant drug or a controlled substance, unless taken pursuant to a lawfully issued prescription, while on duty in any establishment licensed by the Board;

      4.  Is guilty of unprofessional conduct or conduct contrary to the public interest;

      5.  Has a substance use disorder;

      6.  Has been convicted of a violation of any law or regulation of the Federal Government or of this or any other state related to controlled substances, dangerous drugs, drug samples, or the wholesale or retail distribution of drugs;

      7.  Has been convicted of:

      (a) A felony relating to holding a certificate, license, registration or permit pursuant to this chapter;

      (b) A felony pursuant to NRS 639.550 or 639.555; or

      (c) Other crime involving moral turpitude, dishonesty or corruption;

      8.  Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

      9.  Has willfully made to the Board or its authorized representative any false statement which is material to the administration or enforcement of any of the provisions of this chapter;

      10.  Has obtained any certificate, certification, license or permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent;

      11.  Has violated any provision of the Federal Food, Drug and Cosmetic Act or any other federal law or regulation relating to prescription drugs;

      12.  Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions of this chapter or any law or regulation relating to drugs, the manufacture or distribution of drugs or the practice of pharmacy, or has knowingly permitted, allowed, condoned or failed to report a violation of any of the provisions of this chapter or any law or regulation relating to drugs, the manufacture or distribution of drugs or the practice of pharmacy committed by the holder of a certificate, license, registration or permit;

      13.  Has failed to renew a certificate, license or permit by failing to submit the application for renewal or pay the renewal fee therefor;

      14.  Has had a certificate, license or permit suspended or revoked in another state on grounds which would cause suspension or revocation of a certificate, license or permit in this State;

      15.  Has, as a managing pharmacist, violated any provision of law or regulation concerning recordkeeping or inventory in a store over which he or she presides, or has knowingly allowed a violation of any provision of this chapter or other state or federal laws or regulations relating to the practice of pharmacy by personnel of the pharmacy under his or her supervision;

 


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      16.  Has repeatedly been negligent, which may be evidenced by claims of malpractice settled against him or her;

      17.  Has failed to maintain and make available to a state or federal officer any records in accordance with the provisions of this chapter or chapter 453 or 454 of NRS;

      18.  Has failed to file or maintain a bond or other security if required by NRS 639.515; [or]

      19.  Has dispensed a self-administered hormonal contraceptive under the protocol established pursuant to section 2.5 of this act without complying with section 3 of this act; or

      20.  Has operated a medical facility, as defined in NRS 449.0151, at any time during which:

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

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

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

      Sec. 7. NRS 422.27172 is hereby amended to read as follows:

      422.27172  1.  The Director shall include in the State Plan for Medicaid a requirement that the State pay the nonfederal share of expenditures incurred for:

      (a) Up to a 12-month supply, per prescription, of any type of drug for contraception or its therapeutic equivalent which is:

            (1) Lawfully prescribed or ordered;

             (2) Approved by the Food and Drug Administration; and

             (3) Dispensed in accordance with NRS 639.28075;

      (b) Any type of device for contraception which is lawfully prescribed or ordered and which has been approved by the Food and Drug Administration;

      (c) Self-administered hormonal contraceptives dispensed by a pharmacist pursuant to section 3 of this act;

      (d) Insertion or removal of a device for contraception;

      [(d)](e) Education and counseling relating to the initiation of the use of contraceptives and any necessary follow-up after initiating such use;

      [(e)](f) Management of side effects relating to contraception; and

      [(f)](g) Voluntary sterilization for women.

      2.  Except as otherwise provided in subsections 4 and 5, to obtain any benefit provided in the Plan pursuant to subsection 1, a person enrolled in Medicaid must not be required to:

      (a) Pay a higher deductible, any copayment or coinsurance; or

      (b) Be subject to a longer waiting period or any other condition.

      3.  The Director shall ensure that the provisions of this section are carried out in a manner which complies with the requirements established by the Drug Use Review Board and set forth in the list of preferred prescription drugs established by the Department pursuant to NRS 422.4025.

      4.  The Plan may require a person enrolled in Medicaid to pay a higher deductible, copayment or coinsurance for a drug for contraception if the person refuses to accept a therapeutic equivalent of the contraceptive drug.

      5.  For each method of contraception which is approved by the Food and Drug Administration, the Plan must include at least one contraceptive drug or device for which no deductible, copayment or coinsurance may be charged to the person enrolled in Medicaid, but the Plan may charge a deductible, copayment or coinsurance for any other contraceptive drug or device that provides the same method of contraception.

 


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      6.  As used in this section:

      (a) “Drug Use Review Board” has the meaning ascribed to it in NRS 422.402.

      (b) “Therapeutic equivalent” means a drug which:

             (1) Contains an identical amount of the same active ingredients in the same dosage and method of administration as another drug;

             (2) Is expected to have the same clinical effect when administered to a patient pursuant to a prescription or order as another drug; and

             (3) Meets any other criteria required by the Food and Drug Administration for classification as a therapeutic equivalent.

      Sec. 8. (Deleted by amendment.)

      Sec. 8.5. NRS 683A.179 is hereby amended to read as follows:

      683A.179  1.  A pharmacy benefit manager shall not:

      (a) Prohibit a pharmacist or pharmacy from providing information to a covered person concerning:

             (1) The amount of any copayment or coinsurance for a prescription drug; or

             (2) The availability of a less expensive alternative or generic drug including, without limitation, information concerning clinical efficacy of such a drug;

      (b) Penalize a pharmacist or pharmacy for providing the information described in paragraph (a) or selling a less expensive alternative or generic drug to a covered person;

      (c) Prohibit a pharmacy from offering or providing delivery services directly to a covered person as an ancillary service of the pharmacy; or

      (d) If the pharmacy benefit manager manages a pharmacy benefits plan that provides coverage through a network plan, charge a copayment or coinsurance for a prescription drug in an amount that is greater than the total amount paid to a pharmacy that is in the network of providers under contract with the third party.

      2.  The provisions of this section:

      (a) Must not be construed to authorize a pharmacist to dispense a drug that has not been prescribed by a practitioner, as defined in NRS 639.0125 [.] , except to the extent authorized by a specific provision of law, including, without limitation, NRS 453C.120 and section 3 of this act.

      (b) Do not apply to an institutional pharmacy, as defined in NRS 639.0085, or a pharmacist working in such a pharmacy as an employee or independent contractor.

      3.  As used in this section, “network plan” means a health benefit plan offered by a health carrier under which the financing and delivery of medical care is provided, in whole or in part, through a defined set of providers under contract with the carrier. The term does not include an arrangement for the financing of premiums.

      Sec. 9. NRS 689A.0418 is hereby amended to read as follows:

      689A.0418  1.  Except as otherwise provided in subsection 7, an insurer that offers or issues a policy of health insurance shall include in the policy coverage for:

      (a) Up to a 12-month supply, per prescription, of any type of drug for contraception or its therapeutic equivalent which is:

             (1) Lawfully prescribed or ordered;

             (2) Approved by the Food and Drug Administration;

             (3) Listed in subsection 10; and

             (4) Dispensed in accordance with NRS 639.28075;

 


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      (b) Any type of device for contraception which is:

             (1) Lawfully prescribed or ordered;

             (2) Approved by the Food and Drug Administration; and

             (3) Listed in subsection 10;

      (c) Self-administered hormonal contraceptives dispensed by a pharmacist pursuant to section 3 of this act;

      (d) Insertion of a device for contraception or removal of such a device if the device was inserted while the insured was covered by the same policy of health insurance;

      [(d)](e) Education and counseling relating to the initiation of the use of contraception and any necessary follow-up after initiating such use;

      [(e)](f) Management of side effects relating to contraception; and

      [(f)](g) Voluntary sterilization for women.

      2.  An insurer must ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the insurer.

      3.  If a covered therapeutic equivalent listed in subsection 1 is not available or a provider of health care deems a covered therapeutic equivalent to be medically inappropriate, an alternate therapeutic equivalent prescribed by a provider of health care must be covered by the insurer.

      4.  Except as otherwise provided in subsections 8, 9 and 11, an insurer that offers or issues a policy of health insurance shall not:

      (a) Require an insured to pay a higher deductible, any copayment or coinsurance or require a longer waiting period or other condition for coverage to obtain any benefit included in the policy pursuant to subsection 1;

      (b) Refuse to issue a policy of health insurance or cancel a policy of health insurance solely because the person applying for or covered by the policy uses or may use any such benefit;

      (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from obtaining any such benefit;

      (d) Penalize a provider of health care who provides any such benefit to an insured, including, without limitation, reducing the reimbursement of the provider of health care;

      (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay access to any such benefit to an insured; or

      (f) Impose any other restrictions or delays on the access of an insured any such benefit.

      5.  Coverage pursuant to this section for the covered dependent of an insured must be the same as for the insured.

      6.  Except as otherwise provided in subsection 7, a policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, [2018,] 2022, has the legal effect of including the coverage required by subsection 1, and any provision of the policy or the renewal which is in conflict with this section is void.

      7.  An insurer that offers or issues a policy of health insurance and which is affiliated with a religious organization is not required to provide the coverage required by subsection 1 if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a policy of health insurance and before the renewal of such a policy, provide to the prospective insured written notice of the coverage that the insurer refuses to provide pursuant to this subsection.

 


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      8.  An insurer may require an insured to pay a higher deductible, copayment or coinsurance for a drug for contraception if the insured refuses to accept a therapeutic equivalent of the drug.

      9.  For each of the 18 methods of contraception listed in subsection 10 that have been approved by the Food and Drug Administration, a policy of health insurance must include at least one drug or device for contraception within each method for which no deductible, copayment or coinsurance may be charged to the insured, but the insurer may charge a deductible, copayment or coinsurance for any other drug or device that provides the same method of contraception.

      10.  The following 18 methods of contraception must be covered pursuant to this section:

      (a) Voluntary sterilization for women;

      (b) Surgical sterilization implants for women;

      (c) Implantable rods;

      (d) Copper-based intrauterine devices;

      (e) Progesterone-based intrauterine devices;

      (f) Injections;

      (g) Combined estrogen- and progestin-based drugs;

      (h) Progestin-based drugs;

      (i) Extended- or continuous-regimen drugs;

      (j) Estrogen- and progestin-based patches;

      (k) Vaginal contraceptive rings;

      (l) Diaphragms with spermicide;

      (m) Sponges with spermicide;

      (n) Cervical caps with spermicide;

      (o) Female condoms;

      (p) Spermicide;

      (q) Combined estrogen- and progestin-based drugs for emergency contraception or progestin-based drugs for emergency contraception; and

      (r) Ulipristal acetate for emergency contraception.

      11.  Except as otherwise provided in this section and federal law, an insurer may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

      12.  An insurer shall not use medical management techniques to require an insured to use a method of contraception other than the method prescribed or ordered by a provider of health care.

      13.  An insurer must provide an accessible, transparent and expedited process which is not unduly burdensome by which an insured, or the authorized representative of the insured, may request an exception relating to any medical management technique used by the insurer to obtain any benefit required by this section without a higher deductible, copayment or coinsurance.

      14.  As used in this section:

      (a) “Medical management technique” means a practice which is used to control the cost or utilization of health care services or prescription drug use. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

      (b) “Network plan” means a policy of health insurance offered by an insurer under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the insurer.

 


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items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the insurer. The term does not include an arrangement for the financing of premiums.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      (d) “Therapeutic equivalent” means a drug which:

             (1) Contains an identical amount of the same active ingredients in the same dosage and method of administration as another drug;

            (2) Is expected to have the same clinical effect when administered to a patient pursuant to a prescription or order as another drug; and

             (3) Meets any other criteria required by the Food and Drug Administration for classification as a therapeutic equivalent.

      Sec. 10. NRS 689B.0378 is hereby amended to read as follows:

      689B.0378  1.  Except as otherwise provided in subsection 7, an insurer that offers or issues a policy of group health insurance shall include in the policy coverage for:

      (a) Up to a 12-month supply, per prescription, of any type of drug for contraception or its therapeutic equivalent which is:

             (1) Lawfully prescribed or ordered;

             (2) Approved by the Food and Drug Administration;

             (3) Listed in subsection 11; and

             (4) Dispensed in accordance with NRS 639.28075;

      (b) Any type of device for contraception which is:

             (1) Lawfully prescribed or ordered;

             (2) Approved by the Food and Drug Administration; and

             (3) Listed in subsection 11;

      (c) Self-administered hormonal contraceptives dispensed by a pharmacist pursuant to section 3 of this act;

      (d) Insertion of a device for contraception or removal of such a device if the device was inserted while the insured was covered by the same policy of group health insurance;

      [(d)](e) Education and counseling relating to the initiation of the use of contraception and any necessary follow-up after initiating such use;

      [(e)](f) Management of side effects relating to contraception; and

      [(f)](g) Voluntary sterilization for women.

      2.  An insurer must ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the insurer.

      3.  If a covered therapeutic equivalent listed in subsection 1 is not available or a provider of health care deems a covered therapeutic equivalent to be medically inappropriate, an alternate therapeutic equivalent prescribed by a provider of health care must be covered by the insurer.

      4.  Except as otherwise provided in subsections 9, 10 and 12, an insurer that offers or issues a policy of group health insurance shall not:

      (a) Require an insured to pay a higher deductible, any copayment or coinsurance or require a longer waiting period or other condition to obtain any benefit included in the policy pursuant to subsection 1;

      (b) Refuse to issue a policy of group health insurance or cancel a policy of group health insurance solely because the person applying for or covered by the policy uses or may use any such benefit;

      (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from obtaining any such benefit;

 


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      (d) Penalize a provider of health care who provides any such benefit to an insured, including, without limitation, reducing the reimbursement to the provider of health care;

      (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay access to any such benefit to an insured; or

      (f) Impose any other restrictions or delays on the access of an insured to any such benefit.

      5.  Coverage pursuant to this section for the covered dependent of an insured must be the same as for the insured.

      6.  Except as otherwise provided in subsection 7, a policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, [2018,] 2022, has the legal effect of including the coverage required by subsection 1, and any provision of the policy or the renewal which is in conflict with this section is void.

      7.  An insurer that offers or issues a policy of group health insurance and which is affiliated with a religious organization is not required to provide the coverage required by subsection 1 if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a policy of group health insurance and before the renewal of such a policy, provide to the group policyholder or prospective insured, as applicable, written notice of the coverage that the insurer refuses to provide pursuant to this subsection.

      8.  If an insurer refuses, pursuant to subsection 7, to provide the coverage required by subsection 1, an employer may otherwise provide for the coverage for the employees of the employer.

      9.  An insurer may require an insured to pay a higher deductible, copayment or coinsurance for a drug for contraception if the insured refuses to accept a therapeutic equivalent of the drug.

      10.  For each of the 18 methods of contraception listed in subsection 11 that have been approved by the Food and Drug Administration, a policy of group health insurance must include at least one drug or device for contraception within each method for which no deductible, copayment or coinsurance may be charged to the insured, but the insurer may charge a deductible, copayment or coinsurance for any other drug or device that provides the same method of contraception.

      11.  The following 18 methods of contraception must be covered pursuant to this section:

      (a) Voluntary sterilization for women;

      (b) Surgical sterilization implants for women;

      (c) Implantable rods;

      (d) Copper-based intrauterine devices;

      (e) Progesterone-based intrauterine devices;

      (f) Injections;

      (g) Combined estrogen- and progestin-based drugs;

      (h) Progestin-based drugs;

      (i) Extended- or continuous-regimen drugs;

      (j) Estrogen- and progestin-based patches;

      (k) Vaginal contraceptive rings;

      (l) Diaphragms with spermicide;

      (m) Sponges with spermicide;

      (n) Cervical caps with spermicide;

      (o) Female condoms;

      (p) Spermicide;

 


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      (q) Combined estrogen- and progestin-based drugs for emergency contraception or progestin-based drugs for emergency contraception; and

      (r) Ulipristal acetate for emergency contraception.

      12.  Except as otherwise provided in this section and federal law, an insurer may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

      13.  An insurer shall not use medical management techniques to require an insured to use a method of contraception other than the method prescribed or ordered by a provider of health care.

      14.  An insurer must provide an accessible, transparent and expedited process which is not unduly burdensome by which an insured, or the authorized representative of the insured, may request an exception relating to any medical management technique used by the insurer to obtain any benefit required by this section without a higher deductible, copayment or coinsurance.

      15.  As used in this section:

      (a) “Medical management technique” means a practice which is used to control the cost or utilization of health care services or prescription drug use. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

      (b) “Network plan” means a policy of group health insurance offered by an insurer under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the insurer. The term does not include an arrangement for the financing of premiums.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      (d) “Therapeutic equivalent” means a drug which:

             (1) Contains an identical amount of the same active ingredients in the same dosage and method of administration as another drug;

             (2) Is expected to have the same clinical effect when administered to a patient pursuant to a prescription or order as another drug; and

             (3) Meets any other criteria required by the Food and Drug Administration for classification as a therapeutic equivalent.

      Sec. 11. NRS 689C.1676 is hereby amended to read as follows:

      689C.1676  1.  Except as otherwise provided in subsection 7, a carrier that offers or issues a health benefit plan shall include in the plan coverage for:

      (a) Up to a 12-month supply, per prescription, of any type of drug for contraception or its therapeutic equivalent which is:

             (1) Lawfully prescribed or ordered;

             (2) Approved by the Food and Drug Administration;

             (3) Listed in subsection 10; and

             (4) Dispensed in accordance with NRS 639.28075;

      (b) Any type of device for contraception which is:

             (1) Lawfully prescribed or ordered;

             (2) Approved by the Food and Drug Administration; and

             (3) Listed in subsection 10;

      (c) Self-administered hormonal contraceptives dispensed by a pharmacist pursuant to section 3 of this act;

 


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      (d) Insertion of a device for contraception or removal of such a device if the device was inserted while the insured was covered by the same health benefit plan;

      [(d)](e) Education and counseling relating to the initiation of the use of contraception and any necessary follow-up after initiating such use;

      [(e)](f) Management of side effects relating to contraception; and

      [(f)](g) Voluntary sterilization for women.

      2.  A carrier must ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the carrier.

      3.  If a covered therapeutic equivalent listed in subsection 1 is not available or a provider of health care deems a covered therapeutic equivalent to be medically inappropriate, an alternate therapeutic equivalent prescribed by a provider of health care must be covered by the carrier.

      4.  Except as otherwise provided in subsections 8, 9 and 11, a carrier that offers or issues a health benefit plan shall not:

      (a) Require an insured to pay a higher deductible, any copayment or coinsurance or require a longer waiting period or other condition to obtain any benefit included in the health benefit plan pursuant to subsection 1;

      (b) Refuse to issue a health benefit plan or cancel a health benefit plan solely because the person applying for or covered by the plan uses or may use any such benefit;

      (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from obtaining any such benefit;

      (d) Penalize a provider of health care who provides any such benefit to an insured, including, without limitation, reducing the reimbursement to the provider of health care;

      (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay access to any such benefit to an insured; or

      (f) Impose any other restrictions or delays on the access of an insured to any such benefit.

      5.  Coverage pursuant to this section for the covered dependent of an insured must be the same as for the insured.

      6.  Except as otherwise provided in subsection 7, a health benefit plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, [2018,] 2022, has the legal effect of including the coverage required by subsection 1, and any provision of the plan or the renewal which is in conflict with this section is void.

      7.  A carrier that offers or issues a health benefit plan and which is affiliated with a religious organization is not required to provide the coverage required by subsection 1 if the carrier objects on religious grounds. Such a carrier shall, before the issuance of a health benefit plan and before the renewal of such a plan, provide to the prospective insured written notice of the coverage that the carrier refuses to provide pursuant to this subsection.

      8.  A carrier may require an insured to pay a higher deductible, copayment or coinsurance for a drug for contraception if the insured refuses to accept a therapeutic equivalent of the drug.

      9.  For each of the 18 methods of contraception listed in subsection 10 that have been approved by the Food and Drug Administration, a health benefit plan must include at least one drug or device for contraception within each method for which no deductible, copayment or coinsurance may be charged to the insured, but the carrier may charge a deductible, copayment or coinsurance for any other drug or device that provides the same method of contraception.

 


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ê2021 Statutes of Nevada, Page 3280 (CHAPTER 504, SB 190)ê

 

the insured, but the carrier may charge a deductible, copayment or coinsurance for any other drug or device that provides the same method of contraception.

      10.  The following 18 methods of contraception must be covered pursuant to this section:

      (a) Voluntary sterilization for women;

      (b) Surgical sterilization implants for women;

      (c) Implantable rods;

      (d) Copper-based intrauterine devices;

      (e) Progesterone-based intrauterine devices;

      (f) Injections;

      (g) Combined estrogen- and progestin-based drugs;

      (h) Progestin-based drugs;

      (i) Extended- or continuous-regimen drugs;

      (j) Estrogen- and progestin-based patches;

      (k) Vaginal contraceptive rings;

      (l) Diaphragms with spermicide;

      (m) Sponges with spermicide;

      (n) Cervical caps with spermicide;

      (o) Female condoms;

      (p) Spermicide;

      (q) Combined estrogen- and progestin-based drugs for emergency contraception or progestin-based drugs for emergency contraception; and

      (r) Ulipristal acetate for emergency contraception.

      11.  Except as otherwise provided in this section and federal law, a carrier may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

      12.  A carrier shall not use medical management techniques to require an insured to use a method of contraception other than the method prescribed or ordered by a provider of health care.

      13.  A carrier must provide an accessible, transparent and expedited process which is not unduly burdensome by which an insured, or the authorized representative of the insured, may request an exception relating to any medical management technique used by the carrier to obtain any benefit required by this section without a higher deductible, copayment or coinsurance.

      14.  As used in this section:

      (a) “Medical management technique” means a practice which is used to control the cost or utilization of health care services or prescription drug use. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

      (b) “Network plan” means a health benefit plan offered by a carrier under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the carrier. The term does not include an arrangement for the financing of premiums.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      (d) “Therapeutic equivalent” means a drug which:

             (1) Contains an identical amount of the same active ingredients in the same dosage and method of administration as another drug;

 


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ê2021 Statutes of Nevada, Page 3281 (CHAPTER 504, SB 190)ê

 

             (2) Is expected to have the same clinical effect when administered to a patient pursuant to a prescription or order as another drug; and

             (3) Meets any other criteria required by the Food and Drug Administration for classification as a therapeutic equivalent.

      Sec. 12. NRS 695A.1865 is hereby amended to read as follows:

      695A.1865  1.  Except as otherwise provided in subsection 7, a society that offers or issues a benefit contract which provides coverage for prescription drugs or devices shall include in the contract coverage for:

      (a) Up to a 12-month supply, per prescription, of any type of drug for contraception or its therapeutic equivalent which is:

             (1) Lawfully prescribed or ordered;

             (2) Approved by the Food and Drug Administration;

             (3) Listed in subsection 10; and

             (4) Dispensed in accordance with NRS 639.28075;

      (b) Any type of device for contraception which is:

             (1) Lawfully prescribed or ordered;

             (2) Approved by the Food and Drug Administration; and

             (3) Listed in subsection 10;

      (c) Self-administered hormonal contraceptives dispensed by a pharmacist pursuant to section 3 of this act;

      (d) Insertion of a device for contraception or removal of such a device if the device was inserted while the insured was covered by the same benefit contract;

      [(d)](e) Education and counseling relating to the initiation of the use of contraception and any necessary follow-up after initiating such use;

      [(e)](f) Management of side effects relating to contraception; and

      [(f)](g) Voluntary sterilization for women.

      2.  A society must ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the society.

      3.  If a covered therapeutic equivalent listed in subsection 1 is not available or a provider of health care deems a covered therapeutic equivalent to be medically inappropriate, an alternate therapeutic equivalent prescribed by a provider of health care must be covered by the society.

      4.  Except as otherwise provided in subsections 8, 9 and 11, a society that offers or issues a benefit contract shall not:

      (a) Require an insured to pay a higher deductible, any copayment or coinsurance or require a longer waiting period or other condition for coverage for any benefit included in the benefit contract pursuant to subsection 1;

      (b) Refuse to issue a benefit contract or cancel a benefit contract solely because the person applying for or covered by the contract uses or may use any such benefit;

      (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from obtaining any such benefit;

      (d) Penalize a provider of health care who provides any such benefit to an insured, including, without limitation, reducing the reimbursement to the provider of health care;

      (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay access to any such benefit to an insured; or

      (f) Impose any other restrictions or delays on the access of an insured to any such benefit.

 


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ê2021 Statutes of Nevada, Page 3282 (CHAPTER 504, SB 190)ê

 

      5.  Coverage pursuant to this section for the covered dependent of an insured must be the same as for the insured.

      6.  Except as otherwise provided in subsection 7, a benefit contract subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, [2018,] 2022, has the legal effect of including the coverage required by subsection 1, and any provision of the contract or the renewal which is in conflict with this section is void.

      7.  A society that offers or issues a benefit contract and which is affiliated with a religious organization is not required to provide the coverage required by subsection 1 if the society objects on religious grounds. Such a society shall, before the issuance of a benefit contract and before the renewal of such a contract, provide to the prospective insured written notice of the coverage that the society refuses to provide pursuant to this subsection.

      8.  A society may require an insured to pay a higher deductible, copayment or coinsurance for a drug for contraception if the insured refuses to accept a therapeutic equivalent of the drug.

      9.  For each of the 18 methods of contraception listed in subsection 10 that have been approved by the Food and Drug Administration, a benefit contract must include at least one drug or device for contraception within each method for which no deductible, copayment or coinsurance may be charged to the insured, but the society may charge a deductible, copayment or coinsurance for any other drug or device that provides the same method of contraception.

      10.  The following 18 methods of contraception must be covered pursuant to this section:

      (a) Voluntary sterilization for women;

      (b) Surgical sterilization implants for women;

      (c) Implantable rods;

      (d) Copper-based intrauterine devices;

      (e) Progesterone-based intrauterine devices;

      (f) Injections;

      (g) Combined estrogen- and progestin-based drugs;

      (h) Progestin-based drugs;

      (i) Extended- or continuous-regimen drugs;

      (j) Estrogen- and progestin-based patches;

      (k) Vaginal contraceptive rings;

      (l) Diaphragms with spermicide;

      (m) Sponges with spermicide;

      (n) Cervical caps with spermicide;

      (o) Female condoms;

      (p) Spermicide;

      (q) Combined estrogen- and progestin-based drugs for emergency contraception or progestin-based drugs for emergency contraception; and

      (r) Ulipristal acetate for emergency contraception.

      11.  Except as otherwise provided in this section and federal law, a society may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

      12.  A society shall not use medical management techniques to require an insured to use a method of contraception other than the method prescribed or ordered by a provider of health care.

      13.  A society must provide an accessible, transparent and expedited process which is not unduly burdensome by which an insured, or the authorized representative of the insured, may request an exception relating to any medical management technique used by the society to obtain any benefit required by this section without a higher deductible, copayment or coinsurance.

 


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ê2021 Statutes of Nevada, Page 3283 (CHAPTER 504, SB 190)ê

 

authorized representative of the insured, may request an exception relating to any medical management technique used by the society to obtain any benefit required by this section without a higher deductible, copayment or coinsurance.

      14.  As used in this section:

      (a) “Medical management technique” means a practice which is used to control the cost or utilization of health care services or prescription drug use. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

      (b) “Network plan” means a benefit contract offered by a society under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the society. The term does not include an arrangement for the financing of premiums.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      (d) “Therapeutic equivalent” means a drug which:

             (1) Contains an identical amount of the same active ingredients in the same dosage and method of administration as another drug;

             (2) Is expected to have the same clinical effect when administered to a patient pursuant to a prescription or order as another drug; and

             (3) Meets any other criteria required by the Food and Drug Administration for classification as a therapeutic equivalent.

      Sec. 13. NRS 695B.1919 is hereby amended to read as follows:

      695B.1919  1.  Except as otherwise provided in subsection 7, an insurer that offers or issues a contract for hospital or medical service shall include in the contract coverage for:

      (a) Up to a 12-month supply, per prescription, of any type of drug for contraception or its therapeutic equivalent which is:

             (1) Lawfully prescribed or ordered;

             (2) Approved by the Food and Drug Administration;

             (3) Listed in subsection 11; and

             (4) Dispensed in accordance with NRS 639.28075;

      (b) Any type of device for contraception which is:

             (1) Lawfully prescribed or ordered;

             (2) Approved by the Food and Drug Administration; and

             (3) Listed in subsection 11;

      (c) Self-administered hormonal contraceptives dispensed by a pharmacist pursuant to section 3 of this act;

      (d) Insertion of a device for contraception or removal of such a device if the device was inserted while the insured was covered by the same contract for hospital or medical service;

      [(d)](e) Education and counseling relating to the initiation of the use of contraception and any necessary follow-up after initiating such use;

      [(e)](f) Management of side effects relating to contraception; and

      [(f)](g) Voluntary sterilization for women.

      2.  An insurer that offers or issues a contract for hospital or medical services must ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the insurer.

      3.  If a covered therapeutic equivalent listed in subsection 1 is not available or a provider of health care deems a covered therapeutic equivalent to be medically inappropriate, an alternate therapeutic equivalent prescribed by a provider of health care must be covered by the insurer.

 


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

ê2021 Statutes of Nevada, Page 3284 (CHAPTER 504, SB 190)ê

 

to be medically inappropriate, an alternate therapeutic equivalent prescribed by a provider of health care must be covered by the insurer.

      4.  Except as otherwise provided in subsections 9, 10 and 12, an insurer that offers or issues a contract for hospital or medical service shall not:

      (a) Require an insured to pay a higher deductible, any copayment or coinsurance or require a longer waiting period or other condition to obtain any benefit included in the contract for hospital or medical service pursuant to subsection 1;

      (b) Refuse to issue a contract for hospital or medical service or cancel a contract for hospital or medical service solely because the person applying for or covered by the contract uses or may use any such benefit;

      (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from obtaining any such benefit;

      (d) Penalize a provider of health care who provides any such benefit to an insured, including, without limitation, reducing the reimbursement to the provider of health care;

      (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay access to any such benefit to an insured; or

      (f) Impose any other restrictions or delays on the access of an insured to any such benefit.

      5.  Coverage pursuant to this section for the covered dependent of an insured must be the same as for the insured.

      6.  Except as otherwise provided in subsection 7, a contract for hospital or medical service subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, [2018,] 2022, has the legal effect of including the coverage required by subsection 1, and any provision of the contract or the renewal which is in conflict with this section is void.

      7.  An insurer that offers or issues a contract for hospital or medical service and which is affiliated with a religious organization is not required to provide the coverage required by subsection 1 if the insurer objects on religious grounds. Such an insurer shall, before the issuance of a contract for hospital or medical service and before the renewal of such a contract, provide to the prospective insured written notice of the coverage that the insurer refuses to provide pursuant to this subsection.

      8.  If an insurer refuses, pursuant to subsection 7, to provide the coverage required by subsection 1, an employer may otherwise provide for the coverage for the employees of the employer.

      9.  An insurer may require an insured to pay a higher deductible, copayment or coinsurance for a drug for contraception if the insured refuses to accept a therapeutic equivalent of the drug.

      10.  For each of the 18 methods of contraception listed in subsection 11 that have been approved by the Food and Drug Administration, a contract for hospital or medical service must include at least one drug or device for contraception within each method for which no deductible, copayment or coinsurance may be charged to the insured, but the insurer may charge a deductible, copayment or coinsurance for any other drug or device that provides the same method of contraception.

      11.  The following 18 methods of contraception must be covered pursuant to this section:

      (a) Voluntary sterilization for women;

      (b) Surgical sterilization implants for women;

      (c) Implantable rods;

 


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

ê2021 Statutes of Nevada, Page 3285 (CHAPTER 504, SB 190)ê

 

      (d) Copper-based intrauterine devices;

      (e) Progesterone-based intrauterine devices;

      (f) Injections;

      (g) Combined estrogen- and progestin-based drugs;

      (h) Progestin-based drugs;

      (i) Extended- or continuous-regimen drugs;

      (j) Estrogen- and progestin-based patches;

      (k) Vaginal contraceptive rings;

      (l) Diaphragms with spermicide;

      (m) Sponges with spermicide;

      (n) Cervical caps with spermicide;

      (o) Female condoms;

      (p) Spermicide;

      (q) Combined estrogen- and progestin-based drugs for emergency contraception or progestin-based drugs for emergency contraception; and

      (r) Ulipristal acetate for emergency contraception.

      12.  Except as otherwise provided in this section and federal law, an insurer that offers or issues a contract for hospital or medical services may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

      13.  An insurer shall not use medical management techniques to require an insured to use a method of contraception other than the method prescribed or ordered by a provider of health care.

      14.  An insurer must provide an accessible, transparent and expedited process which is not unduly burdensome by which an insured, or the authorized representative of the insured, may request an exception relating to any medical management technique used by the insurer to obtain any benefit required by this section without a higher deductible, copayment or coinsurance.

      15.  As used in this section:

      (a) “Medical management technique” means a practice which is used to control the cost or utilization of health care services or prescription drug use. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

      (b) “Network plan” means a contract for hospital or medical service offered by an insurer under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the insurer. The term does not include an arrangement for the financing of premiums.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      (d) “Therapeutic equivalent” means a drug which:

             (1) Contains an identical amount of the same active ingredients in the same dosage and method of administration as another drug;

            (2) Is expected to have the same clinical effect when administered to a patient pursuant to a prescription or order as another drug; and

             (3) Meets any other criteria required by the Food and Drug Administration for classification as a therapeutic equivalent.

 


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

ê2021 Statutes of Nevada, Page 3286 (CHAPTER 504, SB 190)ê

 

      Sec. 14. NRS 695C.1696 is hereby amended to read as follows:

      695C.1696  1.  Except as otherwise provided in subsection 7, a health maintenance organization that offers or issues a health care plan shall include in the plan coverage for:

      (a) Up to a 12-month supply, per prescription, of any type of drug for contraception or its therapeutic equivalent which is:

             (1) Lawfully prescribed or ordered;

             (2) Approved by the Food and Drug Administration;

             (3) Listed in subsection 11; and

             (4) Dispensed in accordance with NRS 639.28075;

      (b) Any type of device for contraception which is:

             (1) Lawfully prescribed or ordered;

             (2) Approved by the Food and Drug Administration; and

             (3) Listed in subsection 11;

      (c) Self-administered hormonal contraceptives dispensed by a pharmacist pursuant to section 3 of this act;

      (d) Insertion of a device for contraception or removal of such a device if the device was inserted while the enrollee was covered by the same health care plan;

      [(d)](e) Education and counseling relating to the initiation of the use of contraception and any necessary follow-up after initiating such use;

      [(e)](f) Management of side effects relating to contraception; and

      [(f)](g) Voluntary sterilization for women.

      2.  A health maintenance organization must ensure that the benefits required by subsection 1 are made available to an enrollee through a provider of health care who participates in the network plan of the health maintenance organization.

      3.  If a covered therapeutic equivalent listed in subsection 1 is not available or a provider of health care deems a covered therapeutic equivalent to be medically inappropriate, an alternate therapeutic equivalent prescribed by a provider of health care must be covered by the health maintenance organization.

      4.  Except as otherwise provided in subsections 9, 10 and 12, a health maintenance organization that offers or issues a health care plan shall not:

      (a) Require an enrollee to pay a higher deductible, any copayment or coinsurance or require a longer waiting period or other condition to obtain any benefit included in the health care plan pursuant to subsection 1;

      (b) Refuse to issue a health care plan or cancel a health care plan solely because the person applying for or covered by the plan uses or may use any such benefit;

      (c) Offer or pay any type of material inducement or financial incentive to an enrollee to discourage the enrollee from obtaining any such benefit;

      (d) Penalize a provider of health care who provides any such benefit to an enrollee, including, without limitation, reducing the reimbursement of the provider of health care;

      (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay access to any such benefit to an enrollee; or

      (f) Impose any other restrictions or delays on the access of an enrollee to any such benefit.

      5.  Coverage pursuant to this section for the covered dependent of an enrollee must be the same as for the enrollee.

 


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

ê2021 Statutes of Nevada, Page 3287 (CHAPTER 504, SB 190)ê

 

      6.  Except as otherwise provided in subsection 7, a health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, [2018,] 2022, has the legal effect of including the coverage required by subsection 1, and any provision of the plan or the renewal which is in conflict with this section is void.

      7.  A health maintenance organization that offers or issues a health care plan and which is affiliated with a religious organization is not required to provide the coverage required by subsection 1 if the health maintenance organization objects on religious grounds. Such an organization shall, before the issuance of a health care plan and before the renewal of such a plan, provide to the prospective enrollee written notice of the coverage that the health maintenance organization refuses to provide pursuant to this subsection.

      8.  If a health maintenance organization refuses, pursuant to subsection 7, to provide the coverage required by subsection 1, an employer may otherwise provide for the coverage for the employees of the employer.

      9.  A health maintenance organization may require an enrollee to pay a higher deductible, copayment or coinsurance for a drug for contraception if the enrollee refuses to accept a therapeutic equivalent of the drug.

      10.  For each of the 18 methods of contraception listed in subsection 11 that have been approved by the Food and Drug Administration, a health care plan must include at least one drug or device for contraception within each method for which no deductible, copayment or coinsurance may be charged to the enrollee, but the health maintenance organization may charge a deductible, copayment or coinsurance for any other drug or device that provides the same method of contraception.

      11.  The following 18 methods of contraception must be covered pursuant to this section:

      (a) Voluntary sterilization for women;

      (b) Surgical sterilization implants for women;

      (c) Implantable rods;

      (d) Copper-based intrauterine devices;

      (e) Progesterone-based intrauterine devices;

      (f) Injections;

      (g) Combined estrogen- and progestin-based drugs;

      (h) Progestin-based drugs;

      (i) Extended- or continuous-regimen drugs;

      (j) Estrogen- and progestin-based patches;

      (k) Vaginal contraceptive rings;

      (l) Diaphragms with spermicide;

      (m) Sponges with spermicide;

      (n) Cervical caps with spermicide;

      (o) Female condoms;

      (p) Spermicide;

      (q) Combined estrogen- and progestin-based drugs for emergency contraception or progestin-based drugs for emergency contraception; and

      (r) Ulipristal acetate for emergency contraception.

      12.  Except as otherwise provided in this section and federal law, a health maintenance organization may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

 


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

ê2021 Statutes of Nevada, Page 3288 (CHAPTER 504, SB 190)ê

 

      13.  A health maintenance organization shall not use medical management techniques to require an enrollee to use a method of contraception other than the method prescribed or ordered by a provider of health care.

      14.  A health maintenance organization must provide an accessible, transparent and expedited process which is not unduly burdensome by which an enrollee, or the authorized representative of the enrollee, may request an exception relating to any medical management technique used by the health maintenance organization to obtain any benefit required by this section without a higher deductible, copayment or coinsurance.

      15.  As used in this section:

      (a) “Medical management technique” means a practice which is used to control the cost or utilization of health care services or prescription drug use. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

      (b) “Network plan” means a health care plan offered by a health maintenance organization under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the health maintenance organization. The term does not include an arrangement for the financing of premiums.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      (d) “Therapeutic equivalent” means a drug which:

             (1) Contains an identical amount of the same active ingredients in the same dosage and method of administration as another drug;

             (2) Is expected to have the same clinical effect when administered to a patient pursuant to a prescription or order as another drug; and

             (3) Meets any other criteria required by the Food and Drug Administration for classification as a therapeutic equivalent.

      Sec. 15. NRS 695G.1715 is hereby amended to read as follows:

      695G.1715  1.  Except as otherwise provided in subsection 7, a managed care organization that offers or issues a health care plan shall include in the plan coverage for:

      (a) Up to a 12-month supply, per prescription, of any type of drug for contraception or its therapeutic equivalent which is:

             (1) Lawfully prescribed or ordered;

             (2) Approved by the Food and Drug Administration;

             (3) Listed in subsection 10; and

             (4) Dispensed in accordance with NRS 639.28075;

      (b) Any type of device for contraception which is:

             (1) Lawfully prescribed or ordered;

             (2) Approved by the Food and Drug Administration; and

             (3) Listed in subsection 10;

      (c) Self-administered hormonal contraceptives dispensed by a pharmacist pursuant to section 3 of this act;

      (d) Insertion of a device for contraception or removal of such a device if the device was inserted while the insured was covered by the same health care plan;

      [(d)](e) Education and counseling relating to the initiation of the use of contraception and any necessary follow-up after initiating such use;

      [(e)](f) Management of side effects relating to contraception; and

      [(f)](g) Voluntary sterilization for women.

 


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ê2021 Statutes of Nevada, Page 3289 (CHAPTER 504, SB 190)ê

 

      2.  A managed care organization must ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the managed care organization.

      3.  If a covered therapeutic equivalent listed in subsection 1 is not available or a provider of health care deems a covered therapeutic equivalent to be medically inappropriate, an alternate therapeutic equivalent prescribed by a provider of health care must be covered by the managed care organization.

      4.  Except as otherwise provided in subsections 8, 9 and 11, a managed care organization that offers or issues a health care plan shall not:

      (a) Require an insured to pay a higher deductible, any copayment or coinsurance or require a longer waiting period or other condition to obtain any benefit included in the health care plan pursuant to subsection 1;

      (b) Refuse to issue a health care plan or cancel a health care plan solely because the person applying for or covered by the plan uses or may use any such benefits;

      (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from obtaining any such benefits;

      (d) Penalize a provider of health care who provides any such benefits to an insured, including, without limitation, reducing the reimbursement of the provider of health care;

      (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay access to any such benefits to an insured; or

      (f) Impose any other restrictions or delays on the access of an insured to any such benefits.

      5.  Coverage pursuant to this section for the covered dependent of an insured must be the same as for the insured.

      6.  Except as otherwise provided in subsection 7, a health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, [2018,] 2022, has the legal effect of including the coverage required by subsection 1, and any provision of the plan or the renewal which is in conflict with this section is void.

      7.  A managed care organization that offers or issues a health care plan and which is affiliated with a religious organization is not required to provide the coverage required by subsection 1 if the managed care organization objects on religious grounds. Such an organization shall, before the issuance of a health care plan and before the renewal of such a plan, provide to the prospective insured written notice of the coverage that the managed care organization refuses to provide pursuant to this subsection.

      8.  A managed care organization may require an insured to pay a higher deductible, copayment or coinsurance for a drug for contraception if the insured refuses to accept a therapeutic equivalent of the drug.

      9.  For each of the 18 methods of contraception listed in subsection 10 that have been approved by the Food and Drug Administration, a health care plan must include at least one drug or device for contraception within each method for which no deductible, copayment or coinsurance may be charged to the insured, but the managed care organization may charge a deductible, copayment or coinsurance for any other drug or device that provides the same method of contraception.

      10.  The following 18 methods of contraception must be covered pursuant to this section:

      (a) Voluntary sterilization for women;

      (b) Surgical sterilization implants for women;

 


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ê2021 Statutes of Nevada, Page 3290 (CHAPTER 504, SB 190)ê

 

      (c) Implantable rods;

      (d) Copper-based intrauterine devices;

      (e) Progesterone-based intrauterine devices;

      (f) Injections;

      (g) Combined estrogen- and progestin-based drugs;

      (h) Progestin-based drugs;

      (i) Extended- or continuous-regimen drugs;

      (j) Estrogen- and progestin-based patches;

      (k) Vaginal contraceptive rings;

      (l) Diaphragms with spermicide;

      (m) Sponges with spermicide;

      (n) Cervical caps with spermicide;

      (o) Female condoms;

      (p) Spermicide;

      (q) Combined estrogen- and progestin-based drugs for emergency contraception or progestin-based drugs for emergency contraception; and

      (r) Ulipristal acetate for emergency contraception.

      11.  Except as otherwise provided in this section and federal law, a managed care organization may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

      12.  A managed care organization shall not use medical management techniques to require an insured to use a method of contraception other than the method prescribed or ordered by a provider of health care.

      13.  A managed care organization must provide an accessible, transparent and expedited process which is not unduly burdensome by which an insured, or the authorized representative of the insured, may request an exception relating to any medical management technique used by the managed care organization to obtain any benefit required by this section without a higher deductible, copayment or coinsurance.

      14.  As used in this section:

      (a) “Medical management technique” means a practice which is used to control the cost or utilization of health care services or prescription drug use. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

      (b) “Network plan” means a health care plan offered by a managed care organization under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the managed care organization. The term does not include an arrangement for the financing of premiums.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      (d) “Therapeutic equivalent” means a drug which:

             (1) Contains an identical amount of the same active ingredients in the same dosage and method of administration as another drug;

            (2) Is expected to have the same clinical effect when administered to a patient pursuant to a prescription or order as another drug; and 

             (3) Meets any other criteria required by the Food and Drug Administration for classification as a therapeutic equivalent.

 


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ê2021 Statutes of Nevada, Page 3291 (CHAPTER 504, SB 190)ê

 

      Sec. 16.  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. 17.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 to 16, inclusive, of this act become effective:

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

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

________

CHAPTER 505, SB 219

Senate Bill No. 219–Senator Cannizzaro

 

Joint Sponsor: Assemblywoman González

 

CHAPTER 505

 

[Approved: June 8, 2021]

 

AN ACT relating to offenses; revising provisions relating to the collection of delinquent fines, administrative assessments, fees and restitution; revising provisions relating to the suspension of the driver’s license of a person; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a court to suspend the driver’s license of a defendant or to prohibit a defendant from applying for a driver’s license for a specified period, if the court determines that: (1) the defendant has the ability to pay a delinquent fine, administrative assessment, fee or restitution, but is willfully avoiding payment; or (2) the defendant was given the opportunity to perform community service to satisfy the amount due because the defendant is indigent and the defendant has failed to perform such community service. (NRS 176.064) Section 1 of this bill removes the authority of the court to suspend the driver’s license of a defendant or prohibit a defendant from applying for a driver’s license for a specified period as the result of any delinquent fine, administrative assessment, fee or restitution owed. Sections 2 and 3 of this bill make conforming changes that are necessary because of the changes in section 1. Section 4 of this bill provides that if, on October 1, 2021, the effective date of this bill, a person is subject to a suspension of his or her driver’s license or a delay in the issuance of a driver’s license imposed for failure to pay a delinquent fine, administrative assessment, fee or restitution, then the Department of Motor Vehicles must: (1) immediately reinstate the driver’s license of the person or the ability of the person to apply for the issuance of a driver’s license; and (2) notify the person, as soon as possible, of the reinstatement of his or her driver’s license or ability to apply for the issuance of a driver’s license. Section 3.5 of this bill makes an appropriation to the Department for the costs of providing such notification. Section 4 also provides that the Department may not charge any fee for the reinstatement of a driver’s license or require a person to undergo any physical or mental examination to be eligible for reinstatement of a driver’s license.

 


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ê2021 Statutes of Nevada, Page 3292 (CHAPTER 505, SB 219)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 176.064 is hereby amended to read as follows:

      176.064  1.  If a fine, administrative assessment, fee or restitution is imposed upon a defendant pursuant to this chapter, whether or not the fine, administrative assessment, fee or restitution is in addition to any other punishment, and the fine, administrative assessment, fee or restitution or any part of it remains unpaid after the time established by the court for its payment, the defendant is liable for a collection fee, to be imposed by the court at the time it finds that the fine, administrative assessment, fee or restitution is delinquent, of:

      (a) Not more than $100, if the amount of the delinquency is less than $2,000.

      (b) Not more than $500, if the amount of the delinquency is $2,000 or greater, but is less than $5,000.

      (c) Ten percent of the amount of the delinquency, if the amount of the delinquency is $5,000 or greater.

      2.  A state or local entity that is responsible for collecting a delinquent fine, administrative assessment, fee or restitution may, in addition to attempting to collect the fine, administrative assessment, fee or restitution through any other lawful means, take the following actions:

      (a) Request that the court take appropriate action pursuant to subsection 3.

      (b) If the defendant has been found guilty of the offense for which the fine, administrative assessment, fee or restitution was imposed, contract with a collection agency licensed pursuant to NRS 649.075 to collect the delinquent amount and the collection fee. The collection agency must be paid as compensation for its services an amount not greater than the amount of the collection fee imposed pursuant to subsection 1, in accordance with the provisions of the contract.

      3.  The court may, on its own motion or at the request of a state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution, take the following actions:

      (a) Enter a civil judgment for the amount due in favor of the state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution. A civil judgment entered pursuant to this paragraph may be enforced and renewed in the manner provided by law for the enforcement and renewal of a judgment for money rendered in a civil action. If the court has entered a civil judgment pursuant to this paragraph and the person against whom the judgment is entered is not indigent and has not satisfied the judgment within the time established by the court, the person may be dealt with as for contempt of court.

      (b) [If the court determines that the defendant has the ability to pay the amount due and is willfully avoiding payment, or if the defendant was given the opportunity to perform community service to satisfy the amount due because the defendant is indigent and the defendant has failed to perform such community service, order the suspension of the driver’s license of the defendant. If the defendant does not possess a driver’s license, the court may prohibit the defendant from applying for a driver’s license for a specified period.

 


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ê2021 Statutes of Nevada, Page 3293 (CHAPTER 505, SB 219)ê

 

period. If the defendant is already the subject of a court order suspending or delaying the issuance of the defendant’s driver’s license, the court may order the additional suspension or delay, as appropriate, to apply consecutively with the previous order. At the time the court issues an order suspending the driver’s license of a defendant pursuant to this paragraph, the court shall require the defendant to surrender to the court all driver’s licenses then held by the defendant. The court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles the licenses, together with a copy of the order. At the time the court issues an order pursuant to this paragraph delaying the ability of a defendant to apply for a driver’s license, the court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles a copy of the order. The Department of Motor Vehicles shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the defendant’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting.

      (c)] If the court determines that the defendant has the ability to pay the amount due and is willfully avoiding payment, order the confinement of the defendant in the appropriate prison, jail or detention facility, as provided in NRS 176.065 and 176.075.

      4.  Money collected from a collection fee imposed pursuant to subsection 1 must be distributed in the following manner:

      (a) Except as otherwise provided in paragraph (d), if the money is collected by or on behalf of a municipal court, the money must be deposited in a special fund in the appropriate city treasury. The city may use the money in the fund only to develop and implement a program for the collection of fines, administrative assessments, fees and restitution and to hire additional personnel necessary for the success of such a program.

      (b) Except as otherwise provided in paragraph (d), if the money is collected by or on behalf of a justice court or district court, the money must be deposited in a special fund in the appropriate county treasury. The county may use the money in the special fund only to:

             (1) Develop and implement a program for the collection of fines, administrative assessments, fees and restitution and to hire additional personnel necessary for the success of such a program; or

             (2) Improve the operations of a court by providing funding for:

                   (I) A civil law self-help center; or

                   (II) Court security personnel and equipment for a regional justice center that includes the justice courts of that county.

      (c) Except as otherwise provided in paragraph (d), if the money is collected by a state entity, the money must be deposited in an account, which is hereby created in the State Treasury. The Court Administrator may use the money in the account only to develop and implement a program for the collection of fines, administrative assessments, fees and restitution in this State and to hire additional personnel necessary for the success of such a program.

      (d) If the money is collected by a collection agency, after the collection agency has been paid its fee pursuant to the terms of the contract, any remaining money must be deposited in the state, city or county treasury, whichever is appropriate, to be used only for the purposes set forth in paragraph (a), (b) or (c) of this subsection.

 


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ê2021 Statutes of Nevada, Page 3294 (CHAPTER 505, SB 219)ê

 

      5.  Any collection fee imposed pursuant to subsection 1 must be assessed on a per case basis and not on a per charge basis. The provisions of this subsection must not be construed to apply to any credit card processing fees that are assessed solely for the purpose of recouping any costs incurred to process a credit card payment. As used in this subsection, “case” means a single complaint, citation, information or indictment naming a single defendant that is based on the same act or transaction or based on two or more acts or transactions connected together or constituting parts of a common scheme or plan.

      Sec. 2. NRS 483.443 is hereby amended to read as follows:

      483.443  1.  The Department shall, upon receiving notification from a district attorney or other public agency collecting support for children pursuant to NRS 425.510 that a court has determined that a person:

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

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

Ê send a written notice to that person that his or her driver’s license is subject to suspension.

      2.  The notice must include:

      (a) The reason for the suspension of the license;

      (b) The information set forth in subsections 3, 5 and 6; and

      (c) Any other information the Department deems necessary.

      3.  If a person who receives a notice pursuant to subsection 1 does not, within 30 days after receiving the notice, comply with the subpoena or warrant or satisfy the arrearage as required in NRS 425.510, the Department shall suspend the license without providing the person with an opportunity for a hearing.

      4.  The Department shall suspend immediately the license of a defendant if so ordered pursuant to NRS 62B.420 . [or 176.064.]

      5.  The Department shall reinstate the driver’s license of a person whose license was suspended pursuant to this section if it receives:

      (a) A notice from the district attorney or other public agency pursuant to NRS 425.510 that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to that section [, from a district judge that a delinquency for which the suspension was ordered pursuant to NRS 176.064 has been discharged] or from a judge of the juvenile court that an unsatisfied civil judgment for which the suspension was ordered pursuant to NRS 62B.420 has been satisfied; and

      (b) Payment of the fee for reinstatement of a suspended license prescribed in NRS 483.410.

      6.  The Department shall not require a person whose driver’s license was suspended pursuant to this section to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of the reinstatement of the license.

      Sec. 3. NRS 483.460 is hereby amended to read as follows:

      483.460  1.  Except as otherwise provided by specific statute, the Department shall revoke the license, permit or privilege of any driver upon receiving a record of his or her conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:

 


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ê2021 Statutes of Nevada, Page 3295 (CHAPTER 505, SB 219)ê

 

      (a) For a period of 3 years if the offense is:

             (1) A violation of subsection 9 of NRS 484B.653.

             (2) A third or subsequent violation within 7 years of NRS 484C.110 or 484C.120.

             (3) A violation of NRS 484C.110 or 484C.120 resulting in a felony conviction pursuant to NRS 484C.400 or 484C.410.

             (4) A violation of NRS 484C.430 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430.

Ê The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume when the Department is notified pursuant to NRS 209.517 or 213.12185 that the person has completed the period of imprisonment or that the person has been placed on residential confinement or parole.

      (b) For a period of 1 year if the offense is:

             (1) Any other manslaughter, including vehicular manslaughter as described in NRS 484B.657, resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

             (2) Failure to stop and render aid as required pursuant to the laws of this State in the event of a motor vehicle crash resulting in the death or bodily injury of another.

             (3) Perjury or the making of a false affidavit or statement under oath to the Department pursuant to NRS 483.010 to 483.630, inclusive, or pursuant to any other law relating to the ownership or driving of motor vehicles.

             (4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

             (5) A second violation within 7 years of NRS 484C.110 or 484C.120 and the driver is not eligible for a restricted license during any of that period.

             (6) A violation of NRS 484B.550.

      (c) For a period of not less than 185 days, if the offense is a first violation within 7 years of NRS 484C.110 or 484C.120.

      2.  The Department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484C.110 or 484C.120 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.

      3.  When the Department is notified by a court that a person who has been convicted of a first violation within 7 years of NRS 484C.110 has been permitted to enter a program of treatment pursuant to NRS 484C.320, the Department shall reduce by one-half the period during which the person is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that the person was not accepted for or failed to complete the treatment.

      4.  The Department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484C.210 or 484C.460 but who operates a motor vehicle without such a device:

 


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ê2021 Statutes of Nevada, Page 3296 (CHAPTER 505, SB 219)ê

 

      (a) For 3 years, if it is his or her first such offense during the period of required use of the device.

      (b) For 5 years, if it is his or her second such offense during the period of required use of the device.

      5.  A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever applies.

      6.  In addition to any other requirements set forth by specific statute, if the Department is notified that a court has ordered the revocation, suspension or delay in the issuance of a license pursuant to title 5 of NRS, NRS [176.064,] 206.330 or 392.148, chapters 484A to 484E, inclusive, of NRS or any other provision of law, the Department shall take such actions as are necessary to carry out the court’s order.

      7.  As used in this section, “device” has the meaning ascribed to it in NRS 484C.450.

      Sec. 3.5.  1.  There is hereby appropriated from the State Highway Fund to the Department of Motor Vehicles the sum of $14,950 for the costs of providing the notification required by section 4 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 Highway Fund on or before September 15, 2023.

      Sec. 4.  1.  If, on October 1, 2021, a person is subject to:

      (a) Suspension of his or her driver’s license pursuant to paragraph (b) of subsection 3 of NRS 176.064; or

      (b) A court order delaying the issuance of a driver’s license pursuant to paragraph (b) of subsection 3 of NRS 176.064,

Ê then the Department of Motor Vehicles shall immediately reinstate the driver’s license of the person or the ability of the person to apply for the issuance of a driver’s license, as applicable, and shall notify the person, as soon as possible, of the reinstatement of his or her driver’s license or ability to apply for the issuance of a driver’s license.

      2.  The Department of Motor Vehicles may not:

      (a) Charge any fee for the reinstatement of the driver’s license of a person in accordance with this section; or

      (b) Require a person to undergo any physical or mental examination pursuant to NRS 483.330 or 483.495 to be eligible for reinstatement of his or her driver’s license.

      Sec. 5.  The amendatory provisions of this act apply to offenses committed before, on or after October 1, 2021.

      Sec. 6.  1.  This section and section 3.5 of this act become effective on July 1, 2021.

      2.  Sections 1, 2, 3, 4 and 5 of this act become effective on October 1, 2021.

________

 


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ê2021 Statutes of Nevada, Page 3297ê

 

CHAPTER 506, AB 116

Assembly Bill No. 116–Assemblymen Nguyen, Yeager, Frierson, Torres, Monroe-Moreno; Anderson, Benitez-Thompson, Bilbray-Axelrod, Brown-May, Carlton, Cohen, Considine, Duran, Flores, González, Gorelow, Jauregui, Krasner, Martinez, Marzola, Brittney Miller, C.H. Miller, Orentlicher, Peters, Summers-Armstrong, Thomas and Watts

 

Joint Sponsors: Senators Cannizzaro, Scheible; Brooks, Hammond, D. Harris, Ohrenschall and Pickard

 

CHAPTER 506

 

[Approved: June 8, 2021]

 

AN ACT relating to vehicles; establishing civil penalties for certain traffic and related violations; defining certain traffic and vehicle violations as misdemeanors; creating procedures for civil infractions for traffic and related violations to be adjudicated; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that a violation of any provision of existing law relating to driver’s licenses, any traffic law or ordinance, any provision of existing law governing motorcycles or any provision of existing law relating to off-highway vehicles is a misdemeanor, unless a different penalty is prescribed for the violation by a specific statute. (NRS 483.530, 483.620, 484A.900, 486.381, 490.520) Sections 14, 22, 40, 71 and 72 of this bill provide that a violation of any provision of these existing laws is a civil infraction unless a criminal penalty is prescribed for the violation by a specific statute. Sections 5, 15-21, 41-41.7, 44, 45, 47.3, 47.7, 49, 60.5, 67.2-67.8, 69 and 72 of this bill maintain the designation of certain traffic and related offenses as misdemeanors. Sections 51 and 53-56 of this bill revise the penalties for speeding. Sections 46, 47, 47.5, 48, 50, 57, 59, 60, 61, 64, 65 and 67 of this bill specifically designate certain traffic and related violations as civil infractions. Sections 37, 69.5 and 71.5 of this bill prohibit a local authority from enacting any ordinance that provides a criminal penalty for certain traffic and related offenses for which the penalty prescribed by law is a civil penalty.

      Sections 1.5, 4, 6-8, 10, 13, 37, 39, 42, 43, 58, 68, 70, 76, 77, 78 and 79.2 of this bill make conforming changes by including references to the new civil infraction system where necessary. Sections 2, 3, 55, 62, 63 and 66 of this bill make conforming changes by substituting the term “civil penalty” for “fine” and the term “civil infraction citation” for “citation.” Section 1 of this bill defines the term “civil infraction” for purposes of the provisions of law relating to certain traffic and related offenses.

      Sections 9, 11 and 12 of this bill provide that, for the purposes of a person’s driving record, the commission of a traffic or related violation that is punishable as a civil infraction pursuant to this bill is treated the same as a conviction for a traffic or related violation under existing law.

      Sections 24-36.7 of this bill enact procedures for the imposition of a civil penalty against a person who violates a provision of law that is punishable as a civil infraction pursuant to this bill.

      Section 24 of this bill requires each traffic enforcement agency in this State to provide civil infraction citations that a member of the traffic enforcement agency or, in certain circumstances, a prosecuting attorney, may issue to a person who has allegedly committed the civil infraction. Section 26 of this bill authorizes a peace officer who has reasonable cause to believe that a person has violated a provision of law punishable as a civil infraction pursuant to this bill to halt and detain the person as is reasonably necessary to investigate the alleged violation and issue a civil infraction citation for the alleged violation, and section 28 of this bill requires a peace officer who has stopped a driver for such an alleged violation to demand proof of the insurance required to be maintained by existing law.

 


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ê2021 Statutes of Nevada, Page 3298 (CHAPTER 506, AB 116)ê

 

civil infraction pursuant to this bill to halt and detain the person as is reasonably necessary to investigate the alleged violation and issue a civil infraction citation for the alleged violation, and section 28 of this bill requires a peace officer who has stopped a driver for such an alleged violation to demand proof of the insurance required to be maintained by existing law. Section 26 also provides that after a person is halted and detained for such purposes, the peace officer is authorized to: (1) detain the person if the person is suspected of criminal behavior or of violating conditions of parole or probation; (2) search the person to determine whether the person has a weapon and take any other lawful action; and (3) arrest the person if probable cause exists for the arrest. Section 26 additionally provides that if the person is arrested for an offense that arises out of the same facts and circumstances as the civil infraction and is punishable as a misdemeanor, the offense and civil infraction may be included on the same criminal complaint. Section 27 of this bill specifies the information that is required to be provided in the civil infraction citation issued to the person who allegedly committed the civil infraction. Sections 25 and 29 of this bill provide that when the original or a copy of the civil infraction citation is manually or electronically filed with a court having jurisdiction over the alleged violation or with its traffic violations bureau, the citation is a complaint for the purposes of initiating a civil case.

      Section 30 of this bill requires a person to respond to a civil infraction citation not later than 90 calendar days after it has been issued by not contesting the citation and paying all monetary penalties and assessments specified in the citation or requesting a hearing to contest whether the person committed the violation set forth in the citation. Under section 30, the court is required to send to the person, not less than 30 days before the deadline for the person to respond to the civil infraction citation, a reminder that the person must respond within 90 days after the date on which the civil infraction citation is issued. Section 30 also provides that if a person does not respond to a civil infraction citation within 90 calendar days after it has been issued, the court is required to find that the person committed the civil infraction and assess a monetary penalty and administrative assessments against the person and require the person to pay certain expenses for witnesses that are authorized by section 77.5 of this bill. Section 31 of this bill establishes the procedures for a hearing at which a person may contest whether he or she committed the violation and generally requires the person to post a bond in an amount equal to the monetary penalty, administrative assessments and fees specified in the civil infraction citation or alternatively deposit such an amount in cash with the court. Section 38.5 of this bill authorizes a person who was issued a civil infraction citation and certain peace officers to use a system established by a court or its traffic violations bureau to perform certain authorized actions such as making a plea, stating a defense or mitigating circumstances or submitting a written statement, as applicable, by mail, electronic mail, over the Internet or by other electronic means in lieu of taking such actions or making a statement at the hearing.

      Section 34 of this bill: (1) establishes a maximum civil penalty of $500 for a violation of law punishable as a civil infraction pursuant to this bill and generally requires that any such civil penalty collected for a violation of a law of this State must be paid to the treasurer of the city in which the civil infraction occurred or, if the civil infraction did not occur in a city, the treasurer of the county in which the civil infraction occurred; (2) requires the court to order the person who committed the civil infraction to pay an administrative assessment in the same amount that the person would have been required to pay if the violation were a criminal offense; (3) authorizes a court to waive or reduce civil penalties and administrative assessments imposed for a civil infraction or enter into a payment plan under certain circumstances; (4) authorizes a court to order a person to attend a course of traffic safety approved by the Department of Motor Vehicles; and (5) authorizes a court to reduce any moving violation for which a person was issued a civil infraction citation to a nonmoving violation under certain circumstances. Section 35 of this bill authorizes the court to order a person who has committed a violation of law punishable as a civil infraction pursuant to this bill to perform community service under certain circumstances. Section 36 of this bill authorizes a court and the appropriate city or county to take certain actions to collect a civil penalty or any administrative assessment or fee associated with the civil penalty.

 


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      Section 36.3 of this bill authorizes a prosecuting attorney to elect to treat certain traffic and related offenses that are punishable as a misdemeanor instead as a civil infraction and establishes the actions a prosecuting attorney is required to take when making such an election. Section 36.7 of this bill provides that if a person commits certain traffic or related offenses while the person is under the influence of alcohol or a controlled substance, the person may instead be charged with a misdemeanor.

      Section 38 of this bill prohibits a governmental entity or any agent thereof from using photographic, video or digital equipment for the purpose of gathering evidence tor the issuance of a civil infraction citation for a violation of a traffic law unless such equipment is: (1) a portable event recording device worn or held by a peace officer; (2) installed in a vehicle or a facility of a law enforcement agency; or (3) privately owned by a nongovernmental entity.

      Sections 74 and 75 of this bill grant to justice and municipal courts jurisdiction to hear and dispose of violations of law that are punishable as civil infractions pursuant to this bill. Sections 73 and 74.5 of this bill, respectively, authorize certain justice courts and municipal courts to appoint referees and hearing masters, as applicable, to take testimony and recommend orders and judgments to the justice of the peace or municipal court in cases involving a violation of law that is punishable as a civil infraction pursuant to this bill. Section 80.5 of this bill requires justice courts and municipal courts, on or before January 1, 2023, to adopt rules governing the practice and procedure for any action initiated relating to a provision of law that is punishable as a civil infraction pursuant to this bill.

      Section 80 of this bill provides that the amendatory provisions of this bill generally apply to any offense committed on or after January 1, 2023, however, the provisions of section 36.3 apply to any offense committed before, on or after January 1, 2023. Section 80 also provides that if a person commits an offense before January 1, 2023, that is punishable as a civil infraction on or after January 1, 2023, the person who committed the offense cannot be arrested for the offense on or after January 1, 2023. Section 80 further requires: (1) each court in this State to cancel each outstanding bench warrant issued by the court for a person who failed to appear in the court in response to a citation issued for an offense for which this bill establishes a civil penalty; and (2) the Central Repository for Nevada Records of Criminal History to remove from each database or compilation of records of criminal history maintained by the Central Repository all records of bench warrants issued for a person who failed to appear in court in response to a citation for an offense for which this bill establishes a civil penalty.

      Section 79.7 of this bill makes an appropriation to the Department of Public Safety to make system upgrades and provide training to personnel to carry out 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. NRS 481.015 is hereby amended to read as follows:

      481.015  1.  Except as otherwise provided in this subsection, as used in this title, unless the context otherwise requires, “certificate of title” means the document issued by the Department that identifies the legal owner of a vehicle and contains the information required pursuant to subsection 2 of NRS 482.245. The definition set forth in this subsection does not apply to chapters 488 and 489 of NRS.

      2.  Except as otherwise provided in chapter 480 of NRS, NRS 484C.600 to 484C.640, inclusive, 486.363 to 486.375, inclusive, and chapter 488 of NRS, as used in this title, unless the context otherwise requires:

      (a) “Department” means the Department of Motor Vehicles.

      (b) “Director” means the Director of the Department.

 


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      3.  As used in this title [, the term “full] :

      (a) “Civil infraction” means a violation of any provision of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is not punishable as a misdemeanor, gross misdemeanor or felony.

      (b) “Full legal name” means a natural person’s first name, middle name and family name or last name, without the use of initials or a nickname. The term includes a full legal name that has been changed pursuant to the provisions of NRS 483.375 or 483.8605.

      Sec. 1.5. NRS 483.2521 is hereby amended to read as follows:

      483.2521  1.  Except as otherwise provided in subsection 4, the Department may issue a driver’s license to a person who is 16 or 17 years of age if the person:

      (a) Except as otherwise provided in subsection 2, has completed:

             (1) A course in automobile driver education pursuant to NRS 389.090; or

             (2) A course provided by a school for training drivers which is licensed pursuant to NRS 483.700 to 483.780, inclusive, and which complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the State Board of Education pursuant to NRS 389.090;

      (b) Except as otherwise provided in subsection 3, has at least 50 hours of supervised experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280, including, without limitation, at least 10 hours of experience in driving a motor vehicle during darkness;

      (c) Except as otherwise provided in subsection 3, submits to the Department, on a form provided by the Department, a log which contains the dates and times of the hours of supervised experience required pursuant to this section and which is signed:

             (1) By his or her parent or legal guardian; or

             (2) If the person applying for the driver’s license is an emancipated minor, by a licensed driver who is at least 21 years of age or by a licensed driving instructor,

Ê who attests that the person applying for the driver’s license has completed the training and experience required pursuant to paragraphs (a) and (b);

      (d) Submits to the Department:

             (1) A written statement signed by the principal of the public school in which the person is enrolled or by a designee of the principal and which is provided to the person pursuant to NRS 392.123;

             (2) A written statement signed by the parent or legal guardian of the person which states that the person is excused from compulsory attendance pursuant to NRS 392.070;

             (3) A copy of the person’s high school diploma or certificate of attendance; or

             (4) A copy of the person’s certificate of general educational development or an equivalent document;

      (e) Has not been found to be responsible for a motor vehicle crash during the 6 months before applying for the driver’s license;

      (f) Has not been convicted of or found by a court to have committed a moving traffic violation or convicted of a crime involving alcohol or a controlled substance during the 6 months before applying for the driver’s license; and

 


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ê2021 Statutes of Nevada, Page 3301 (CHAPTER 506, AB 116)ê

 

      (g) Has held an instruction permit for not less than 6 months before applying for the driver’s license.

      2.  If a course described in paragraph (a) of subsection 1 is not offered within a 30-mile radius of a person’s residence, the person may, in lieu of completing such a course as required by that paragraph, complete an additional 50 hours of supervised experience in driving a motor vehicle in accordance with paragraph (b) of subsection 1.

      3.  In lieu of the supervised experience required pursuant to paragraph (b) of subsection 1, a person applying for a Class C noncommercial driver’s license may provide to the Department proof that the person has successfully completed:

      (a) The training required pursuant to paragraph (a) of subsection 1; and

      (b) A hands-on course in defensive driving that has been approved by the Department pursuant to NRS 483.727.

      4.  A person who is 16 or 17 years of age, who has held an instruction permit issued pursuant to subsection 4 of NRS 483.280 authorizing the holder of the permit to operate a motorcycle and who applies for a driver’s license pursuant to this section that authorizes him or her to operate a motorcycle must comply with the provisions of paragraphs (d) to (g), inclusive, of subsection 1 and must:

      (a) Except as otherwise provided in subsection 5, complete a course of motorcycle safety approved by the Department;

      (b) Have at least 50 hours of experience in driving a motorcycle with an instruction permit issued pursuant to subsection 4 of NRS 483.280; and

      (c) Submit to the Department, on a form provided by the Department, a log which contains the dates and times of the hours of experience required pursuant to paragraph (b) and which is signed by his or her parent or legal guardian who attests that the person applying for the motorcycle driver’s license has completed the training and experience required pursuant to paragraphs (a) and (b).

      5.  If a course described in paragraph (a) of subsection 4 is not offered within a 30-mile radius of a person’s residence, the person may, in lieu of completing the course, complete an additional 50 hours of experience in driving a motorcycle in accordance with paragraph (b) of subsection 4.

      Sec. 2. NRS 483.2523 is hereby amended to read as follows:

      483.2523  1.  A person to whom a driver’s license is issued pursuant to NRS 483.2521 shall not, during the first 6 months after the date on which the driver’s license is issued, transport as a passenger a person who is under 18 years of age, unless the person is a member of his or her immediate family.

      2.  A person who violates the provisions of this section:

      (a) For a first offense, must be ordered to comply with the provisions of this section for 6 months after the date on which the driver’s license is issued.

      (b) For a second or subsequent offense, must be ordered to:

             (1) Pay a [fine] civil penalty in an amount not to exceed $250;

             (2) Comply with the provisions of this section for such additional time as determined by the court; or

             (3) Both pay such a [fine] civil penalty and comply with the provisions of this section for such additional time as determined by the court.

      3.  A violation of this section:

      (a) Is not a moving traffic violation for the purposes of NRS 483.473; and

 


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      (b) Is not grounds for suspension or revocation of the driver’s license for the purposes of NRS 483.360.

      Sec. 3. NRS 483.2525 is hereby amended to read as follows:

      483.2525  1.  A peace officer shall not stop a motor vehicle for the sole purpose of determining whether the driver is violating a provision of NRS 483.2523. Except as otherwise provided in subsection 2, a civil infraction citation may be issued pursuant to sections 24 to 36.7, inclusive, of this act for a violation of NRS 483.2523 only if the violation is discovered when the vehicle is halted or its driver is arrested for another alleged violation or offense.

      2.  A peace officer shall not issue a civil infraction citation pursuant to sections 24 to 36.7, inclusive, of this act to a person for operating a motor vehicle in violation of NRS 483.2523 if the person provides satisfactory evidence that the person has held the driver’s license for the period required pursuant to NRS 483.2523.

      Sec. 4. NRS 483.330 is hereby amended to read as follows:

      483.330  1.  The Department may require every applicant for a driver’s license, including a commercial driver’s license issued pursuant to NRS 483.900 to 483.940, inclusive, to submit to an examination. The examination may include:

      (a) A test of the applicant’s ability to understand official devices used to control traffic;

      (b) A test of the applicant’s knowledge of practices for safe driving and the traffic laws of this State;

      (c) Except as otherwise provided in subsection 2, a test of the applicant’s eyesight; and

      (d) Except as otherwise provided in subsection 3, an actual demonstration of the applicant’s ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicle for which he or she is to be licensed.

Ê The examination may also include such further physical and mental examination as the Department finds necessary to determine the applicant’s fitness to drive a motor vehicle safely upon the highways. If the Department requires an applicant to submit to a test specified in paragraph (b), the Department shall ensure that the test includes at least one question testing the applicant’s knowledge of the provisions of NRS 484B.165.

      2.  The Department may provide by regulation for the acceptance of a report from an ophthalmologist, optician, optometrist, physician or advanced practice registered nurse in lieu of an eye test by a driver’s license examiner.

      3.  If the Department establishes a type or classification of driver’s license to operate a motor vehicle of a type which is not normally available to examine an applicant’s ability to exercise ordinary and reasonable control of such a vehicle, the Department may, by regulation, provide for the acceptance of an affidavit from a:

      (a) Past, present or prospective employer of the applicant; or

      (b) Local joint apprenticeship committee which had jurisdiction over the training or testing, or both, of the applicant,

Ê in lieu of an actual demonstration.

      4.  The Department may waive an examination pursuant to subsection 1 for a person applying for a Nevada driver’s license who possesses a valid driver’s license of the same type or class issued by another jurisdiction unless that person:

 


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ê2021 Statutes of Nevada, Page 3303 (CHAPTER 506, AB 116)ê

 

      (a) Has not attained 21 years of age, except that the Department may, based on the driving record of the applicant, waive the examination to demonstrate the applicant’s ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the same type or class of vehicle for which he or she is to be licensed;

      (b) Has had his or her license or privilege to drive a motor vehicle suspended, revoked or cancelled or has been otherwise disqualified from driving during the immediately preceding 4 years;

      (c) Has been convicted of a violation of NRS 484C.130 or, during the immediately preceding 7 years, of a violation of NRS 484C.110, 484C.120 or 484C.430 or a law of any other jurisdiction that prohibits the same or similar conduct;

      (d) Has restrictions to his or her driver’s license which the Department must reevaluate to ensure the safe driving of a motor vehicle by that person;

      (e) Has had three or more convictions of , or findings by a court of having committed, moving traffic violations on his or her driving record during the immediately preceding 4 years; or

      (f) Has been convicted of any of the offenses related to the use or operation of a motor vehicle which must be reported pursuant to the provisions of Part 1327 of Title 23 of the Code of Federal Regulations relating to the National Driver Register Problem Driver Pointer System during the immediately preceding 4 years.

      5.  The Department shall waive the fee prescribed by NRS 483.410 not more than one time for administration of the examination required pursuant to this section for a homeless child or youth under the age of 25 years who submits a signed affidavit on a form prescribed by the Department stating that the child or youth is homeless and under the age of 25 years.

      6.  As used in this section, “homeless child or youth” has the meaning ascribed to it in 42 U.S.C. § 11434a.

      Sec. 5. NRS 483.340 is hereby amended to read as follows:

      483.340  1.  The Department shall, upon payment of the required fee, issue to every qualified applicant a driver’s license indicating the type or class of vehicles the licensee may drive.

      2.  The Department shall adopt regulations prescribing the information that must be contained on a driver’s license.

      3.  The Department may issue a driver’s license for purposes of identification only for use by officers of local police and sheriffs’ departments, agents of the Investigation Division of the Department of Public Safety while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity, federal agents while engaged in undercover investigations, investigators employed by the Attorney General while engaged in undercover investigations, criminal investigators employed by the Secretary of State while engaged in undercover investigations and agents of the Nevada Gaming Control Board while engaged in investigations pursuant to NRS 463.140. An application for such a license must be made through the head of the police or sheriff’s department, the Chief of the Investigation Division of the Department of Public Safety, the director of the appropriate federal agency, the Attorney General, the Secretary of State or his or her designee or the Chair of the Nevada Gaming Control Board. Such a license is exempt from the fees required by NRS 483.410. The Department, by regulation, shall provide for the cancellation of any such driver’s license upon the completion of the special investigation for which it was issued.

 


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ê2021 Statutes of Nevada, Page 3304 (CHAPTER 506, AB 116)ê

 

by regulation, shall provide for the cancellation of any such driver’s license upon the completion of the special investigation for which it was issued.

      4.  Except as otherwise provided in NRS 239.0115, information pertaining to the issuance of a driver’s license pursuant to subsection 3 is confidential.

      5.  It is [unlawful] a misdemeanor for any person to use a driver’s license issued pursuant to subsection 3 for any purpose other than the special investigation for which it was issued.

      6.  At the time of the issuance or renewal of the driver’s license, the Department shall:

      (a) Give the holder the opportunity to have indicated on his or her driver’s license that the holder wishes to be a donor of all or part of his or her body pursuant to NRS 451.500 to 451.598, inclusive, or to refuse to make an anatomical gift of his or her body or part thereof.

      (b) Give the holder the opportunity to have indicated whether he or she wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150.

      (c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registering as a donor with the donor registry with which the Department has entered into a contract pursuant to this paragraph. To carry out this paragraph, the Department shall, on such terms as it deems appropriate, enter into a contract with a donor registry that is in compliance with the provisions of NRS 451.500 to 451.598, inclusive.

      (d) If the Department has established a program for imprinting a symbol or other indicator of a medical condition on a driver’s license pursuant to NRS 483.3485, give the holder the opportunity to have a symbol or other indicator of a medical condition imprinted on his or her driver’s license.

      (e) Provide to the holder information instructing the holder how to register with the Next-of-Kin Registry pursuant to NRS 483.653 if he or she so chooses.

      7.  If the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.

      8.  The Department shall submit to the donor registry with which the Department has entered into a contract pursuant to paragraph (c) of subsection 6 information from the records of the Department relating to persons who have drivers’ licenses that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.

      Sec. 6. NRS 483.400 is hereby amended to read as follows:

      483.400  1.  The Department shall maintain files of applications for licenses. Such files shall contain:

      (a) All applications denied and on each thereof note the reasons for such denial.

      (b) All applications granted.

      (c) The name of every licensee whose license has been suspended or revoked by the Department and after each such name note the reasons for such action.

      2.  The Department shall also file all crash reports and abstracts of court records of convictions or findings of the commission of civil infractions pursuant to sections 24 to 36.7, inclusive, of this act received by it under the laws of this State, and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions or findings of such licensee and the traffic crashes in which the licensee was involved [shall be] are readily ascertainable and available for the consideration of the Department upon any application for renewal of license and at other suitable times.

 


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ê2021 Statutes of Nevada, Page 3305 (CHAPTER 506, AB 116)ê

 

laws of this State, and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions or findings of such licensee and the traffic crashes in which the licensee was involved [shall be] are readily ascertainable and available for the consideration of the Department upon any application for renewal of license and at other suitable times.

      Sec. 7. NRS 483.430 is hereby amended to read as follows:

      483.430  1.  The privilege of driving a motor vehicle on the highways of this State given to a nonresident under NRS 483.010 to 483.630, inclusive, [shall be] is subject to suspension or revocation by the Department in like manner and for like cause as a driver’s license issued under NRS 483.010 to 483.630, inclusive, may be suspended or revoked.

      2.  The Department is further authorized, upon receiving a record of the entrance of an order pursuant to sections 24 to 36.7, inclusive, of this act finding that a nonresident driver of a motor vehicle committed a civil infraction in this State or the conviction in this State of a nonresident driver of a motor vehicle of any criminal offense under the motor vehicle laws of this State, to forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so found or convicted is a resident.

      3.  When a nonresident’s driving privilege is suspended or revoked in this State, the Department shall forward a copy of the record of such action to the motor vehicle administrator in the state where such driver resides.

      Sec. 8. NRS 483.443 is hereby amended to read as follows:

      483.443  1.  The Department shall, upon receiving notification from a district attorney or other public agency collecting support for children pursuant to NRS 425.510 that a court has determined that a person:

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

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

Ê send a written notice to that person that his or her driver’s license is subject to suspension.

      2.  The notice must include:

      (a) The reason for the suspension of the license;

      (b) The information set forth in subsections 3, 5 and 6; and

      (c) Any other information the Department deems necessary.

      3.  If a person who receives a notice pursuant to subsection 1 does not, within 30 days after receiving the notice, comply with the subpoena or warrant or satisfy the arrearage as required in NRS 425.510, the Department shall suspend the license without providing the person with an opportunity for a hearing.

      4.  The Department shall suspend immediately the license of a defendant if so ordered pursuant to NRS 62B.420 or 176.064 [.] or section 36 of this act.

      5.  The Department shall reinstate the driver’s license of a person whose license was suspended pursuant to this section if it receives:

      (a) A notice from [the] any of the following:

             (1) The district attorney or other public agency pursuant to NRS 425.510 that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to that section . [, from a]

 


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ê2021 Statutes of Nevada, Page 3306 (CHAPTER 506, AB 116)ê

 

             (2) A traffic commissioner, referee, hearing master, municipal judge, justice of the peace or district judge , as applicable, that a delinquency for which the suspension was ordered pursuant to NRS 176.064 or section 36 of this act, as applicable, has been discharged . [or from a]

             (3) A judge of the juvenile court that an unsatisfied civil judgment for which the suspension was ordered pursuant to NRS 62B.420 has been satisfied; and

      (b) Payment of the fee for reinstatement of a suspended license prescribed in NRS 483.410.

      6.  The Department shall not require a person whose driver’s license was suspended pursuant to this section to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of the reinstatement of the license.

      Sec. 9. NRS 483.447 is hereby amended to read as follows:

      483.447  A person who does not hold a valid license issued by this State or any other state and who operates a vehicle in this State shall be deemed to have future driving privileges that may be suspended if the person is found to have committed a civil infraction in this State pursuant to sections 24 to 36.7, inclusive, of this act or is convicted of any criminal traffic offense in this State.

      Sec. 10.  NRS 483.448 is hereby amended to read as follows:

      483.448 1.  Except as otherwise provided in this subsection, when a person deemed to have future driving privileges pursuant to NRS 483.447 has accumulated 3 or more demerit points, but less than 12, the Department shall notify the person of this fact. If, after the Department mails the notice, the person presents proof to the Department that he or she has successfully completed a course of traffic safety approved by the Department and a signed statement which indicates that the successful completion of the course was not required pursuant to a court order entered pursuant to section 34 of this act or a plea agreement, the Department shall cancel not more than 3 demerit points from the person’s driving record. If such a person accumulates 12 or more demerit points before completing the course of traffic safety, the person will not be entitled to have demerit points cancelled upon the completion of the course but must have future driving privileges suspended. A person deemed to have future driving privileges may attend a course only once in 12 months for the purpose of reducing demerit points. The 3 demerit points may only be cancelled from the driver’s record of the person during the 12-month period immediately following the driver’s successful completion of the course of traffic safety. The provisions of this subsection do not apply to a person deemed to have future driving privileges whose successful completion of a course of traffic safety was required pursuant to a court order entered pursuant to section 34 of this act or a plea agreement.

      2.  Any reduction of demerit points pursuant to this section applies only to the demerit record of the person deemed to have future driving privileges and otherwise does not affect the person’s driving record with the Department or insurance record.

      3.  Notwithstanding any provision of this title to the contrary, if a person deemed to have future driving privileges accumulates demerit points, the Department shall suspend those future driving privileges:

 


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ê2021 Statutes of Nevada, Page 3307 (CHAPTER 506, AB 116)ê

 

      (a) For the first accumulation of 12 demerit points during a 12-month period, for 6 months. Such a person is eligible for a restricted license during this 6-month period.

      (b) For the second accumulation within 3 years of 12 demerit points during a 12-month period, for 1 year. Such a person is eligible for a restricted license during this 1-year period.

      (c) For the third accumulation within 5 years of 12 demerit points during a 12-month period, for 1 year. Such a person is not eligible for a restricted license during this 1-year period.

      4.  The Department shall suspend for 1 year the future driving privileges of a person who has been convicted of a sixth traffic offense within a 5-year period, is found to have committed a sixth civil infraction pursuant to sections 24 to 36.7, inclusive, of this act within a 5-year period or has accumulated a combined total of six civil infractions and traffic offenses within a 5-year period, if all six civil infractions or traffic offenses have been assigned a value of 4 or more demerit points. Such a person is not eligible for a restricted license during this 1-year period.

      5.  If the Department determines by its records that a person deemed to have future driving privileges is not eligible for a driver’s license pursuant to this section, the Department shall notify the person by mail of that fact.

      6.  Except as otherwise provided in subsection 7, the Department shall suspend the future driving privileges of a person pursuant to this section 30 days after the date on which the Department mails the notice to the person required by subsection 5.

      7.  If a written request for a hearing is received by the Department:

      (a) The suspension of the future driving privileges of the person requesting the hearing is stayed until a determination is made by the Department after the hearing.

      (b) The hearing must be held, within 45 days after the request is received, in the county in which the person resides unless the person and the Department agree that the hearing may be held in some other county. The scope of the hearing must be limited to whether the records of the Department accurately reflect the driving history of the person.

      Sec. 11. NRS 483.450 is hereby amended to read as follows:

      483.450  1.  A record of each conviction and each finding that a person has committed a civil infraction pursuant to sections 24 to 36.7, inclusive, of this act must be made in a manner approved by the Department. The court shall provide sufficient information to allow the Department to include accurately the information regarding [the] each conviction and finding in the driver’s record.

      2.  The Department shall adopt regulations prescribing the information necessary to record [the] each conviction and finding in the driver’s record.

      3.  Every court, including a juvenile court, having jurisdiction over violations of the provisions of NRS 483.010 to 483.630, inclusive, or any other law of this State or municipal ordinance regulating the operation of motor vehicles on highways, shall forward to the Department:

      (a) If the court is other than a juvenile court, [a] each record of the conviction of any person in that court for a violation of any such laws other than regulations governing standing or parking [;] and each record of the finding that any person has committed a civil infraction pursuant to sections 24 to 36.7, inclusive, of this act; or

 


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      (b) If the court is a juvenile court, a record of any finding that a child has violated a traffic law or ordinance other than one governing standing or parking,

Ê within 5 days after the conviction or finding, and may recommend the suspension of the driver’s license of the person convicted or found to have committed a civil infraction or the child found in violation of a traffic law or ordinance.

      4.  If a record forwarded to the Department pursuant to subsection 3 is a record of the conviction of , or a record of a finding of the commission of a civil infraction pursuant to sections 24 to 36.7, inclusive, of this act against, a person who holds a commercial driver’s license, the Department shall, within 5 days after the date on which it receives such a record, transmit notice of the conviction or finding to the Commercial Driver’s License Information System.

      5.  For the purposes of NRS 483.010 to 483.630, inclusive [:

      (a) “Conviction”] , “conviction” has the meaning prescribed by regulation pursuant to NRS 481.052.

      [(b) A forfeiture of bail or collateral deposited to secure a defendant’s appearance in court, if the forfeiture has not been vacated, is equivalent to a conviction.]

      6.  [The] If a court mails records of conviction or of findings of the commission of a civil infraction pursuant to sections 24 to 36.7, inclusive, of this act, the necessary expenses of mailing such records [of conviction] to the Department as required by this section must be paid by the court charged with the duty of forwarding those records . [of conviction.]

      7.  As used in this section, “Commercial Driver’s License Information System” has the meaning ascribed to it in NRS 483.904.

      Sec. 12. NRS 483.473 is hereby amended to read as follows:

      483.473  1.  As used in this section, “traffic violation” means conviction of a moving traffic violation in any municipal court, justice court or district court in this State [.] or a finding by any municipal court or justice court in this State that a person has committed a civil infraction pursuant to sections 24 to 36.7, inclusive, of this act. The term includes a finding by a juvenile court that a child has violated a traffic law or ordinance other than one governing standing or parking. The term does not include a conviction or a finding by a juvenile court of a violation of the speed limit posted by a public authority under the circumstances described in subsection 1 of NRS 484B.617.

      2.  The Department shall establish a uniform system of demerit points for various traffic violations occurring within this State affecting the driving privilege of any person who holds a driver’s license issued by the Department and persons deemed to have future driving privileges pursuant to NRS 483.447. The system must be based on the accumulation of demerits during a period of 12 months.

      3.  The system must be uniform in its operation, and the Department shall set up a schedule of demerits for each traffic violation, depending upon the gravity of the violation, on a scale of one demerit point for a minor violation of any traffic law to eight demerit points for an extremely serious violation of the law governing traffic violations. If a conviction of two or more traffic violations committed on a single occasion is obtained, points must be assessed for one offense [,] or civil infraction, and if the point values differ, points must be assessed for the offense or civil infraction having the greater point value.

 


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having the greater point value. Details of the violation must be submitted to the Department by the court where the conviction or finding is obtained. The Department may provide for a graduated system of demerits within each category of violations according to the extent to which the traffic law was violated.

      Sec. 13. NRS 483.475 is hereby amended to read as follows:

      483.475  1.  Except as otherwise provided in this subsection, when a person who holds a driver’s license has accumulated 3 or more demerit points, but less than 12, the Department shall notify the person of this fact. If, after the Department mails the notice, the driver presents proof to the Department that he or she has successfully completed a course of traffic safety approved by the Department and a signed statement which indicates that the successful completion of the course was not required pursuant to a plea agreement [,] or court order entered pursuant to section 34 of this act, the Department shall cancel not more than 3 demerit points from the person’s driving record. If the driver accumulates 12 or more demerit points before completing the course of traffic safety, the person will not be entitled to have demerit points cancelled upon the completion of the course, but must have his or her license suspended. A person may attend a course only once in 12 months for the purpose of reducing demerit points. The 3 demerit points may only be cancelled from a driver’s record during the 12-month period immediately following the driver’s successful completion of the course of traffic safety. The provisions of this subsection do not apply to a person whose successful completion of a course of traffic safety was required pursuant to a plea agreement [.] or court order entered pursuant to section 34 of this act.

      2.  Any reduction of demerit points applies only to the demerit record of the driver and does not affect the person’s driving record with the Department or insurance record.

      3.  The Department shall use a cumulative period for the suspension of licenses pursuant to subsection 1. The periods of suspension are:

      (a) For the first accumulation of 12 demerit points during a 12-month period, 6 months. A driver whose license is suspended pursuant to this paragraph is eligible for a restricted license during the suspension.

      (b) For the second accumulation within 3 years of 12 demerit points during a 12-month period, 1 year. A driver whose license is suspended pursuant to this paragraph is eligible for a restricted license during the suspension.

      (c) For the third accumulation within 5 years of 12 demerit points during a 12-month period, 1 year. A driver whose license is suspended pursuant to this paragraph is not eligible for a restricted license during the suspension.

      4.  The Department shall suspend for 1 year the license of a driver who is convicted of a sixth traffic offense within 5 years , is found to have committed a sixth civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act within 5 years or has accumulated a combined total of six civil infractions and offenses within 5 years, if all six civil infractions or offenses have been assigned a value of [four] 4 or more demerit points. A driver whose license is suspended pursuant to this subsection is not eligible for a restricted license during the suspension.

      5.  If the Department determines by its records that the license of a driver must be suspended pursuant to this section, it shall notify the driver by mail that his or her privilege to drive is subject to suspension.

 


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      6.  Except as otherwise provided in subsection 7, the Department shall suspend the license 30 days after it mails the notice required by subsection 5.

      7.  If a written request for a hearing is received by the Department:

      (a) The suspension of the license is stayed until a determination is made by the Department after the hearing.

      (b) The hearing must be held within 45 days after the request is received in the county where the driver resides unless the driver and the Department agree that the hearing may be held in some other county. The scope of the hearing must be limited to whether the records of the Department accurately reflect the driving history of the driver.

      Sec. 14. NRS 483.530 is hereby amended to read as follows:

      483.530  1.  Except as otherwise provided in subsection 2, it is a misdemeanor for any person:

      (a) To display or cause or permit to be displayed or possess any cancelled, revoked, suspended, fictitious, fraudulently altered or fraudulently obtained driver’s license;

      (b) To alter, forge, substitute, counterfeit or use an unvalidated driver’s license;

      (c) To lend his or her driver’s license to any other person or knowingly permit the use thereof by another;

      (d) To display or represent as one’s own any driver’s license not issued to him or her;

      (e) To fail or refuse to surrender to the Department, a peace officer or a court upon lawful demand any driver’s license which has been suspended, revoked or cancelled;

      (f) To permit any unlawful use of a driver’s license issued to him or her; or

      (g) [To do any act forbidden, or fail to perform any act required, by NRS 483.010 to 483.630, inclusive; or

      (h)] To photograph, photostat, duplicate or in any way reproduce any driver’s license or facsimile thereof in such a manner that it could be mistaken for a valid license, or to display or possess any such photograph, photostat, duplicate, reproduction or facsimile unless authorized by this chapter.

      2.  Except as otherwise provided in this subsection, a person who uses a false or fictitious name in any application for a driver’s license or identification card or who knowingly makes a false statement or knowingly conceals a material fact or otherwise commits a fraud in any such application is guilty of a category E felony and shall be punished as provided in NRS 193.130. If the false statement, knowing concealment of a material fact or other commission of fraud described in this subsection relates solely to the age of a person, including, without limitation, to establish false proof of age to game, purchase alcoholic beverages or purchase cigarettes or other tobacco products, the person is guilty of a misdemeanor.

      Sec. 15. NRS 483.550 is hereby amended to read as follows:

      483.550  1.  It is unlawful for any person to drive a motor vehicle upon a public street or highway in this State without being the holder of a valid driver’s license. A person who violates this section is guilty of a misdemeanor.

      2.  The court shall require any person convicted of violating [this section] subsection 1 to obtain a valid driver’s license or produce a notice of disqualification from the Department.

 


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      Sec. 16. NRS 483.570 is hereby amended to read as follows:

      483.570  No person whose driving privilege as a nonresident has been cancelled, suspended or revoked, as provided in NRS 483.010 to 483.630, inclusive, shall drive any motor vehicle upon the highways of this State while such privilege is cancelled, suspended or revoked. It is a misdemeanor for any person to violate this section.

      Sec. 17. NRS 483.575 is hereby amended to read as follows:

      483.575  1.  A person with epilepsy shall not operate a motor vehicle if that person has been informed by a physician or an advanced practice registered nurse pursuant to NRS 629.047 that his or her condition would severely impair his or her ability to safely operate a motor vehicle. A violation of this subsection is a misdemeanor.

      2.  If a physician or an advanced practice registered nurse is aware that a person has violated subsection 1 after the physician or advanced practice registered nurse has informed the person pursuant to NRS 629.047 that the person’s condition would severely impair his or her ability to safely operate a motor vehicle, the physician or advanced practice registered nurse may, without the consent of the person, submit a written report to the Department that includes the name, address and age of the person. A report received by the Department pursuant to this subsection:

      (a) Is confidential, except that the contents of the report may be disclosed to the person about whom the report is made; and

      (b) May be used by the Department solely to determine the eligibility of the person to operate a vehicle on the streets and highways of this State.

      3.  The submission by a physician or an advanced practice registered nurse of a report pursuant to subsection 2 is solely within his or her discretion. No cause of action may be brought against a physician or an advanced practice registered nurse based on the fact that he or she did not submit such a report.

      4.  No cause of action may be brought against a physician or an advanced practice registered nurse based on the fact that he or she submitted a report pursuant to subsection 2 unless the physician or advanced practice registered nurse acted with malice, intentional misconduct, gross negligence or intentional or knowing violation of the law.

      Sec. 18. NRS 483.580 is hereby amended to read as follows:

      483.580  A person shall not cause or knowingly permit his or her child or ward under the age of 18 years to drive a motor vehicle upon any highway when the minor is not authorized under the provisions of NRS 483.010 to 483.630, inclusive, or is in violation of any of the provisions of NRS 483.010 to 483.630, inclusive, or if the minor’s license is revoked or suspended pursuant to title 5 of NRS or NRS 392.148. It is a misdemeanor for a person to violate this section.

      Sec. 19. NRS 483.590 is hereby amended to read as follows:

      483.590  No person shall authorize or knowingly permit a motor vehicle owned by the person or under his or her control to be driven upon any highway by any person who is not authorized under NRS 483.010 to 483.630, inclusive, or in violation of any of the provisions of NRS 483.010 to 483.630, inclusive. It is a misdemeanor for a person to violate this section.

 


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      Sec. 20. NRS 483.600 is hereby amended to read as follows:

      483.600  No person shall employ as a driver of a motor vehicle any person not then licensed as provided in NRS 483.010 to 483.630, inclusive. It is a misdemeanor for a person to violate this section.

      Sec. 21. NRS 483.610 is hereby amended to read as follows:

      483.610  1.  No person shall rent a motor vehicle to any other person unless the latter person is then duly licensed under NRS 483.010 to 483.630, inclusive, or, in the case of a nonresident, then duly licensed under the laws of the state or country of his or her residence except a nonresident whose home state or country does not require that a driver be licensed.

      2.  No person shall rent a motor vehicle to another until the person has inspected the driver’s license of the person to whom the vehicle is to be rented and compared and verified the signature thereon with the signature of such person written in his or her presence.

      3.  Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the number of the license of the latter person and the date and place when and where the license was issued. Such record shall be open to inspection by any police officer or officer of the Department.

      4.  It is a misdemeanor for a person to violate any provision of this section.

      Sec. 22. NRS 483.620 is hereby amended to read as follows:

      483.620  It is a [misdemeanor] civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act for any person to violate any of the provisions of NRS 483.010 to 483.630, inclusive, unless such violation is, by NRS 483.010 to 483.630, inclusive, or other law of this State, declared to be a misdemeanor, gross misdemeanor or felony.

      Sec. 23. Chapter 484A of NRS is hereby amended by adding thereto the provisions set forth as sections 24 to 36.7, inclusive, of this act.

      Sec. 24. 1.  Every traffic enforcement agency in this State shall provide in appropriate form civil infraction citations containing notice of the civil infraction which must meet the requirements of sections 24 to 36.7, inclusive, of this act and be:

      (a) Issued in books; or

      (b) Available through an electronic device used to prepare such citations.

      2.  The chief administrative officer of each traffic enforcement agency is responsible for the issuance of such books and electronic devices and shall maintain a record of each book, each electronic device and each civil infraction citation issued to individual members of the traffic enforcement agency. The chief administrative officer shall require and retain a receipt for every book and electronic device that is issued.

      Sec. 25.  A civil infraction citation, when filed with a court of competent jurisdiction, shall be deemed to be a lawful complaint for the purpose of initiating a civil case pursuant to sections 24 to 36.7, inclusive, of this act, if the civil infraction citation includes information whose truthfulness is attested as required for a complaint in a civil case or is prepared electronically.

      Sec. 26.  1.  Except as otherwise provided by law, a peace officer in this State who has reasonable cause to believe that a person has violated a provision of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is a civil infraction may halt and detain the person as is reasonably necessary to investigate the alleged violation and issue a civil infraction citation for the alleged violation.

 


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civil infraction may halt and detain the person as is reasonably necessary to investigate the alleged violation and issue a civil infraction citation for the alleged violation. A peace officer who has halted and detained a person pursuant to this section may also:

      (a) Detain the person in accordance with NRS 171.123 if circumstances exist that warrant such a detention;

      (b) Search the person to ascertain the presence of a weapon in accordance with NRS 171.1232 and take any other action authorized pursuant to that section or any other provision of law; and

      (c) Arrest the person in accordance with NRS 171.1231 if probable cause for the arrest exists.

      2.  If a person is arrested pursuant to paragraph (c) of subsection 1 for an offense that arises out of the same facts and circumstances as the civil infraction and is punishable as a misdemeanor, the offense and the civil infraction may be included in the same criminal complaint.

      Sec. 27.  1.  When a person is halted by a peace officer in this State for any violation of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is a civil infraction, or a prosecuting attorney elects to treat a violation of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is punishable as a misdemeanor instead as a civil infraction in accordance with section 36.3 of this act, the peace officer or prosecuting attorney, as applicable, may prepare a civil infraction citation manually or electronically in the form of a complaint issuing in the name of “The State of Nevada,” containing, except as otherwise provided in paragraph (a) of subsection 2 of section 36.3 of this act:

      (a) A statement that the citation represents a determination by a peace officer or prosecuting attorney that a civil infraction has been committed by the person named in the citation and that the determination will be final unless contested as provided in sections 24 to 36.7, inclusive, of this act;

      (b) A statement that a civil infraction is not a criminal offense;

      (c) The name, date of birth, residential address and mailing address, if different from the residential address, telephone number and electronic mail address of the person who is being issued the citation and an indication as to whether the person has agreed to receive communications relating to the civil infraction by text message;

      (d) The state registration number of the person’s vehicle, if any;

      (e) The number of the person’s driver’s license, if any;

      (f) The civil infraction for which the citation was issued;

      (g) The personnel number or other unique agency identification number of the peace officer issuing the citation and the address and phone number of the agency which employs the peace officer or, if a prosecuting attorney is issuing the citation, the personnel number or other unique agency identification number of the peace officer who halted the person for the violation or the volunteer appointed pursuant to NRS 484B.470 who issued the citation and the address and phone number of the agency which employs the peace officer or volunteer, preprinted or printed legibly on the citation;

      (h) A statement of the options provided pursuant to sections 24 to 36.7, inclusive, of this act for responding to the citation and the procedures necessary to exercise these options;

      (i) A statement that, at any hearing to contest the determination set forth in the citation, the facts that constitute the infraction must be proved by a preponderance of the evidence and the person may subpoena witnesses, including, without limitation, the peace officer or duly authorized member or volunteer of a traffic enforcement agency who issued the citation or halted the person; and

 


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by a preponderance of the evidence and the person may subpoena witnesses, including, without limitation, the peace officer or duly authorized member or volunteer of a traffic enforcement agency who issued the citation or halted the person; and

      (j) A statement that the person must respond to the citation as provided in sections 24 to 36.7, inclusive, of this act within 90 calendar days.

      2.  A peace officer who issues a civil infraction citation pursuant to subsection 1 shall sign the citation and deliver a copy of the citation to the person charged with the civil infraction. If the citation is prepared electronically, the peace officer shall sign the copy of the citation that is delivered to the person charged with the violation.

      3.  A civil infraction citation may be served by delivering a copy of the citation to the person charged with the civil infraction pursuant to this section or section 36.3 of this act. The acceptance of a civil infraction citation by the person charged with the civil infraction shall be deemed personal service of the citation and a copy of the citation signed by the peace officer or prosecuting attorney, as applicable, constitutes proof of service. If a person charged with a civil infraction refuses to accept a civil infraction citation, the copy of the citation signed by the peace officer or prosecuting attorney, as applicable, constitutes proof of service.

      Sec. 28.  1.  Whenever the driver of a vehicle is stopped by a peace officer for violating a provision of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is a civil infraction, except for violating a provision of NRS 484B.440 to 484B.523, inclusive, the peace officer shall demand proof of the insurance required by NRS 485.185 or 490.0825 and issue a citation as provided in NRS 484A.630 if the peace officer has probable cause to believe that the driver of the vehicle is in violation of NRS 485.187 or subsection 5 of NRS 490.520.

      2.  When the evidence of insurance provided by the driver of the vehicle upon the demand of the peace officer is in an electronic format displayed on a mobile electronic device, the peace officer may view only the evidence of insurance and shall not intentionally view any other content on the mobile electronic device.

      Sec. 29.  1.  Every peace officer, upon issuing a civil infraction citation to an alleged violator of any provision of the motor vehicle laws of this State or of any traffic ordinance, shall file manually or, if the provisions of subsection 2 are satisfied, file electronically the original or a copy of the citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau.

      2.  A copy of a civil infraction citation that is prepared electronically and issued to an alleged violator of any provision of the motor vehicle laws of this State or of any traffic ordinance may be filed electronically with a court having jurisdiction over the alleged civil infraction or with its traffic violations bureau if the court or traffic violations bureau, respectively:

      (a) Authorizes such electronic filing;

      (b) Has the ability to receive and store the citation electronically; and

      (c) Has the ability to physically reproduce the citation upon request.

      3.  Upon the filing of the original or a copy of the civil infraction citation with a court having jurisdiction over the alleged infraction or with its traffic violations bureau, the citation may be disposed of only by an official action of a judge of the court, an online program of dispute resolution established by the court, the prosecuting attorney or by the payment of a civil penalty to the court or its traffic violations bureau by the person to whom the civil infraction citation has been issued by the peace officer.

 


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payment of a civil penalty to the court or its traffic violations bureau by the person to whom the civil infraction citation has been issued by the peace officer.

      4.  It is unlawful and official misconduct from any peace officer or other officer or public employee to dispose of a civil infraction citation or copies of it or of the record of the issuance of a civil infraction citation in a manner other than as required in this section.

      5.  The chief administrative officer of every traffic enforcement agency shall require the return to him or her of a physical copy or electronic record of every civil infraction citation issued by an officer under his or her supervision to an alleged violator of any traffic law or ordinance and of all physical copies and electronic records of every civil infraction citation which has been spoiled or upon which any entry has been made and not issued to an alleged violator.

      6.  The chief administrative officer of every traffic enforcement agency shall maintain or cause to be maintained a record of every civil infraction citation issued by any peace officer under his or her supervision. The record must be retained for at least 2 years after issuance of the citation.

      Sec. 30.  1.  Any person who receives a civil infraction citation pursuant to section 27 or 36.3 of this act shall respond to the citation as provided in this section not later than 90 calendar days after the date on which the citation is issued.

      2.  If a person receiving a civil infraction citation does not contest the determination that the person has committed the civil infraction set forth in the citation, the person must respond to the citation by indicating that the person does not contest the determination and submitting full payment of the monetary penalty, the administrative assessment and any fees to the court specified in the citation, or its traffic violations bureau, in person, by mail or through the Internet or other electronic means.

      3.  If a person receiving a civil infraction citation wishes to contest the determination that the person has committed the civil infraction set forth in the citation, the person must respond by requesting in person, by mail or through the Internet or other electronic means a hearing for that purpose. The court shall notify the person in writing of the time, place and date of the hearing, but the date of the hearing must not be earlier than 9 calendar days after the court provides notice of the hearing.

      4.  Except as otherwise provided in this subsection, not less than 30 days before the deadline for a person to respond to a civil infraction citation, the court must send to the address or electronic mail address of the person, as indicated on the civil infraction citation issued to the person, a reminder that the person must respond to the civil infraction citation within 90 calendar days after the date on which the civil infraction citation is issued. If the person agreed to receive communications relating to the civil infraction by text message, the court may send such a notice to the telephone number of the person as indicated on the civil infraction citation. If the person does not respond to the civil infraction citation in the manner specified by subsection 2 or 3 within 90 calendar days after the date on which the civil infraction citation is issued, the court must enter an order pursuant to section 34 of this act finding that the person committed the civil infraction and assessing the monetary penalty and administrative assessments prescribed for the civil infraction. A person who has been issued a civil infraction citation and who fails to respond to the civil infraction citation as required by this section may not appeal an order entered pursuant to this section.

 


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issued a civil infraction citation and who fails to respond to the civil infraction citation as required by this section may not appeal an order entered pursuant to this section.

      5.  If any person issued a civil infraction citation fails to appear at a hearing requested pursuant to subsection 3, the court must enter an order pursuant to section 34 of this act finding that the person committed the civil infraction and assessing the monetary penalty and administrative assessments prescribed for the civil infraction. A person who has been issued a civil infraction citation and who fails to appear at a hearing requested pursuant to subsection 3, may not appeal an order entered pursuant to this subsection.

      6.  In addition to any other penalty imposed, any person who is found by the court to have committed a civil infraction pursuant to subsection 5 shall pay the witness fees, per diem allowances, travel expenses and other reimbursement in accordance with NRS 50.225.

      7.  If a court has established a system pursuant to NRS 484A.615, any person issued a civil infraction citation may, if authorized by the court, use the system to perform any applicable actions pursuant to this section.

      Sec. 31.  1.  If, pursuant to subsection 3 of section 30 of this act, a person receiving a civil infraction citation requests a hearing to contest the determination that the person has committed the civil infraction set forth in the citation, the hearing must be conducted in accordance with this section.

      2.  Except as otherwise provided in this subsection, before a hearing to contest the determination that a person has committed a civil infraction, the court shall require the person to post a bond equal to the amount of the full payment of the monetary penalty, the administrative assessment and any fees specified in the civil infraction citation. In lieu of posting such a bond, the person may instead deposit cash with the court in the amount of the bond required pursuant to this subsection. Any bond posted or cash deposited with the court pursuant to this subsection must be forfeited upon the court’s finding that the person committed the civil infraction. Any person whom the court determines is unable to pay the costs of defending the action or is a client of a program for legal aid in accordance with NRS 12.015 must not be required to post a bond or deposit cash with the court in accordance with this subsection.

      3.  The person who requested the hearing may, at his or her expense, be represented by counsel, and a city attorney or district attorney, in his or her discretion and as applicable, may represent the plaintiff.

      4.  A hearing conducted pursuant to this section must be conducted by the court without a jury. In lieu of the personal appearance at the hearing by the peace officer who issued the civil infraction citation, the court may consider the information contained in the civil infraction citation and any other written statement submitted under oath by the peace officer. If the court has established a system pursuant to NRS 484A.615, the peace officer may, if authorized by the court, use the system to submit such a statement. The person named in the civil infraction citation may subpoena witnesses, including, without limitation, the peace officer who issued the citation, and has the right to present evidence and examine witnesses present in court.

      5.  After consideration of the evidence and argument, the court shall determine whether a civil infraction was committed by the person named in the civil infraction citation. The court must find by a preponderance of the evidence that the person named in the civil infraction citation committed a civil infraction.

 


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evidence that the person named in the civil infraction citation committed a civil infraction. If it has not been established by a preponderance of the evidence that the infraction was committed by the person named in the citation, the court must enter an order dismissing the civil infraction citation in the court’s records. If it has been established by a preponderance of the evidence that the infraction was committed, the court must enter in the court’s records an order pursuant to section 34 of this act.

      6.  An appeal from the court’s determination or order may be taken in the same manner as any other civil appeal from a municipal court or justice court, as applicable, except that:

      (a) The notice of appeal must be filed not later than 7 calendar days after the court enters in the court’s records an order pursuant to section 34 of this act;

      (b) If the appellant is the person charged with the civil infraction, any bond required to be given by the appellant in order to secure a stay of execution of the order of the court during the pendency of the appeal must equal the amount of the monetary penalty and administrative assessments which the court has ordered the appellant to pay pursuant to section 34 of this act. Any bond must be forfeited if the order of the court is affirmed on appeal; and

      (c) If a prosecuting attorney does not represent the plaintiff during the proceedings in the justice court or municipal court, the appellate court shall review the record and any arguments presented by the person charged with the civil infraction and render a decision.

      Secs. 32 and 33.  (Deleted by amendment.)

      Sec. 34.  1.  Except as otherwise provided in this section, a person who is found to have committed a civil infraction shall be punished by a civil penalty of not more than $500 per violation unless a greater civil penalty is authorized by specific statute. Except as otherwise provided in NRS 484A.792, any civil penalty collected pursuant to sections 24 to 36.7, inclusive, of this act must be paid to:

      (a) The treasurer of the city in which the civil infraction occurred; or

      (b) If the civil infraction did not occur in a city, the treasurer of the county in which the civil infraction occurred.

      2.  If a person is found to have committed a civil infraction, in addition to any civil penalty imposed on the person, the court shall order the person to pay the administrative assessments set forth in NRS 176.059, 176.0611, 176.0613 and 176.0623 in the amount that the person would be required to pay if the civil penalty were a fine imposed on a defendant who pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill of a misdemeanor. If, in lieu of a civil penalty, the court authorizes a person to successfully complete a course of traffic safety approved by the Department of Motor Vehicles, the court must order the person to pay the amount of the administrative assessment that corresponds to the civil penalty for which the defendant would have otherwise been responsible. The administrative assessments imposed pursuant to this subsection must be collected and distributed in the same manner as the administrative assessments imposed and collected pursuant to NRS 176.059, 176.0611, 176.0613 and 176.0623.

      3.  If the court determines that a civil penalty or administrative assessment imposed pursuant to this section is:

 


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      (a) Excessive in relation to the financial resources of the defendant, the court may waive or reduce the monetary penalty accordingly.

      (b) Not within the defendant’s present financial ability to pay, the court may enter into a payment plan with the person.

      4.  A court having jurisdiction over a civil infraction pursuant to sections 24 to 36.7, inclusive, of this act may:

      (a) In addition to ordering a person who is found to have committed a civil infraction to pay a civil penalty and administrative assessments pursuant to this section, order the person to successfully complete a course of traffic safety approved by the Department of Motor Vehicles.

      (b) Waive or reduce the civil penalty that a person who is found to have committed a civil infraction would otherwise be required to pay if the court determines that any circumstances warrant such a waiver or reduction.

      (c) Reduce any moving violation for which a person was issued a civil infraction citation to a nonmoving violation if the court determines that any circumstances warrant such a reduction.

      Sec. 35.  1.  Except where the imposition of a specific civil penalty is mandatory, a court may order a person who is found to have committed a civil infraction pursuant to sections 24 to 36.7, inclusive, of this act to perform community service that is supervised in accordance with subsection 2:

      (a) In lieu of all or a part of any civil penalty or administrative assessment, or both, that may be imposed for the commission of the civil infraction; or

      (b) As all or part of the punishment for the commission of the civil infraction.

      2.  The community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents.

      3.  The court may require the person who committed the civil infraction to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the person performs the community service, unless, in the case of industrial insurance, it is provided by the authority for which the person performs the community service.

      4.  The following conditions apply to any such community service imposed by the court:

      (a) The court must fix the period of community service that is imposed and distribute the period over weekends or over other appropriate times that will allow the person to continue employment and to care for his or her family. The period of community service fixed by the court must not exceed 200 hours.

      (b) A supervising authority listed in subsection 2 must agree to accept the person for community service before the court may require the person to perform community service for that supervising authority. The supervising authority must be located in or be the town or city of the person’s residence or, if that placement is not possible, one located within the jurisdiction of the court or, if that placement is not possible, the authority may be located outside the jurisdiction of the court.

 


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      (c) Community service that a court requires pursuant to this section must be supervised by an official of the supervising authority or by a person designated by the authority.

      (d) The court may require the supervising authority to report periodically to the court the person’s performance in carrying out the community service.

      (e) A person performing community service in lieu of the payment of a civil penalty must receive credit toward the civil penalty at a rate per hour of community service performed that is equal to at least $10 or the state minimum wage for an employee who is not provided health benefits by his or her employer, whichever is greater.

      Sec. 36.  1.  If a civil penalty, administrative assessment or fee is imposed upon a person who is found to have committed a civil infraction pursuant to sections 24 to 36.7, inclusive, of this act, whether or not the civil penalty, administrative assessment or fee is in addition to any other punishment, and the civil penalty, administrative assessment or fee or any part of it remains unpaid after the time established by the court for its payment, the delinquent person is liable for a collection fee, to be imposed by the court at the time it finds that the civil penalty, administrative assessment or fee is delinquent, of:

      (a) Not more than $100, if the amount of the delinquency is less than $2,000.

      (b) Not more than $500, if the amount of the delinquency is $2,000 or greater, but is less than $5,000.

      (c) Ten percent of the amount of the delinquency, if the amount of the delinquency is $5,000 or greater.

      2.  The city or county that is responsible for collecting a delinquent civil penalty, administrative assessment or fee may, in addition to attempting to collect the delinquent amounts through any other lawful means, contract with a collection agency licensed pursuant to NRS 649.075 to collect the delinquent amounts owed by a person who is found to have committed a civil infraction. The collection agency must be paid as compensation for its services an amount not greater than the amount of the collection fee imposed pursuant to subsection 1 in accordance with the provisions of the contract.

      3.  If a court finds that a person committed a civil infraction, the civil penalty, administrative assessments and fees prescribed for the civil infraction may be enforced in the manner provided by law for the enforcement of a judgment for money rendered in a civil action except that the judgment and any lien for the judgment expires 10 years after the date the judgment was docketed and may not be renewed. The court may:

      (a) Request that the city or county in which the court has jurisdiction undertake collection of the delinquency, including, without limitation, the original amount of the civil judgment entered pursuant to this subsection and the collection fee, by attachment or garnishment of the property, wages or other money receivable of the delinquent person.

      (b) Order the suspension of the driver’s license of the delinquent person. If the delinquent person does not possess a driver’s license, the court may prohibit him or her from applying for a driver’s license for a specified period. If the delinquent person is already the subject of a court order suspending or delaying the issuance of his or her driver’s license, the court may order the additional suspension or delay, as appropriate, to apply consecutively with the previous order.

 


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apply consecutively with the previous order. At the time the court issues an order pursuant to this paragraph suspending the driver’s license of a delinquent person or delaying the ability of a delinquent person to apply for a driver’s license, the court shall, within 5 days after issuing the order, forward to the Department a copy of the order. The Department shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the delinquent person’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting.

      4.  Money collected from a collection fee imposed pursuant to subsection 1 must be distributed in the following manner:

      (a) Except as otherwise provided in paragraph (c), if the money is collected by or on behalf of a municipal court, the money must be deposited in a special fund in the appropriate city treasury. The city may use the money in the fund only to develop and implement a program for the collection of civil penalties, administrative assessments and fees and to hire additional personnel necessary for the success of such a program.

      (b) Except as otherwise provided in paragraph (c), if the money is collected by or on behalf of a justice court, the money must be deposited in a special fund in the appropriate county treasury. The county may use the money in the special fund only to:

             (1) Develop and implement a program for the collection of civil penalties, administrative assessments and fees and to hire additional personnel necessary for the success of such a program; or

             (2) Improve the operations of a court by providing funding for:

                   (I) A civil law self-help center; or

                   (II) Court security personnel and equipment for a regional justice center that includes the justice courts of that county.

      (c) If the money is collected by a collection agency, after the collection agency has been paid its fee pursuant to the terms of the contract, any remaining money must be deposited in the state, city or county treasury, whichever is appropriate, to be used only for the purposes set forth in paragraph (a) or (b).

      Sec. 36.3. 1.  A prosecuting attorney may elect to treat a violation of a provision of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is punishable as a misdemeanor, other than a violation of NRS 484C.110 or 484C.120, as a civil infraction pursuant to sections 24 to 36.7, inclusive, of this act.

      2.  The prosecuting attorney shall make the election described in subsection 1 on or before the time scheduled for the first appearance of the defendant by:

      (a) Preparing a civil infraction citation in accordance with subsection 1 of section 27 of this act that contains all applicable information that is known to the prosecuting attorney, signing the citation and filing the citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau;

      (b) Filing notice of the prosecuting attorney’s election with the court having jurisdiction of the underlying criminal charge; and

      (c) Delivering a copy of the notice and citation to the defendant.

      3.  Upon the filing of a notice pursuant to paragraph (b) of subsection 2, the court shall dismiss the underlying criminal charge.

 


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      Sec. 36.7. Notwithstanding any other provision of law, if a person commits a violation of a provision of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is punishable as a civil infraction while the person is under the influence of alcohol or a controlled substance, the person may instead be charged with a misdemeanor.

      Sec. 37. NRS 484A.400 is hereby amended to read as follows:

      484A.400  1.  The provisions of chapters 484A to 484E, inclusive, of NRS are applicable and uniform throughout this State on all highways to which the public has a right of access, to which persons have access as invitees or licensees or such other premises as provided by statute.

      2.  Except as otherwise provided in subsection 3 and unless otherwise provided by specific statute, any local authority may enact by ordinance traffic regulations which cover the same subject matter as the various sections of chapters 484A to 484E, inclusive, of NRS if the provisions of the ordinance are not in conflict with chapters 484A to 484E, inclusive, of NRS, or regulations adopted pursuant thereto. It may also enact by ordinance regulations requiring the registration and licensing of bicycles.

      3.  A local authority shall not enact an ordinance:

      (a) Governing the registration of vehicles and the licensing of drivers;

      (b) Governing the duties and obligations of persons involved in traffic crashes, other than the duties to stop, render aid and provide necessary information;

      (c) Providing a penalty for an offense for which the penalty prescribed by chapters 484A to 484E, inclusive, of NRS is greater than that imposed for a misdemeanor; [or]

      (d) Providing a criminal penalty for a violation of chapters 484A to 484E, inclusive, of NRS for which the penalty prescribed by those chapters is a civil penalty; or

      (e) Requiring a permit for a vehicle, or to operate a vehicle, on a highway in this State.

      4.  No person convicted or adjudged guilty or guilty but mentally ill of , or found to have committed a civil infraction pursuant to sections 24 to 36.7, inclusive, of this act for, a violation of a traffic ordinance may be charged or tried in any other court in this State for the same offense.

      Sec. 38. NRS 484A.600 is hereby amended to read as follows:

      484A.600  A governmental entity and any agent thereof shall not use photographic, video or digital equipment for gathering evidence to be used for the issuance of a traffic citation or civil infraction citation pursuant to section 27 of this act for a violation of chapters 484A to 484E, inclusive, of NRS unless the equipment is a portable camera or event recording device worn or held [in the hand or] by a peace officer, the equipment is otherwise installed temporarily or permanently within a vehicle or facility of a law enforcement agency [.] or the equipment is privately owned by a nongovernmental entity.

      Sec. 38.5. NRS 484A.615 is hereby amended to read as follows:

      484A.615  1.  A court having jurisdiction over an offense for which a traffic citation may be issued pursuant to NRS 484A.630 or that is punishable as a civil infraction pursuant to sections 24 to 36.7, inclusive, of this act, or its traffic violations bureau may establish a system by which, except as otherwise provided in subsection [5,] 6, the court or traffic violations bureau may allow [a] :

 


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      (a) A person who has been issued a traffic citation or a civil infraction citation that is filed with the court or traffic violations bureau to perform certain actions approved by the court or traffic violations bureau, including, without limitation, to make a plea and state his or her defense or , if authorized, any mitigating circumstances , by mail, by electronic mail, over the Internet or by other electronic means.

      (b) A peace officer who issued a civil infraction citation to a person or, if the provisions of section 36.3 apply, a peace officer who halted a person, to perform certain actions approved by the court or traffic violations bureau, including, without limitation, to submit a written statement under oath by mail, by electronic mail, over the Internet or by other electronic means in lieu of his or her personal appearance at the hearing held pursuant to section 31 of this act to contest the determination that the person who has been issued the civil infraction citation committed a civil infraction.

      2.  Except as otherwise provided in subsection [5,] 6, if a court or traffic violations bureau has established a system pursuant to subsection 1, [a] the court or traffic violations bureau may allow:

      (a) A person [who has been issued a traffic citation that is filed with the court or traffic violations bureau may, if allowed by the court and] described in paragraph (a) of subsection 1 to use the system to perform certain actions approved by the court or traffic violations bureau, including without limitation, to make a plea or state his or her defense or, if authorized, any mitigating circumstances in lieu of making a plea and statement of his or her defense or any mitigating circumstances in court . [, make a plea and state his or her defense or any mitigating circumstances by using the system.]

      (b) A peace officer described in paragraph (b) of subsection 1 to use the system to perform certain actions approved by the court or traffic violations bureau, including without limitation, to submit a written statement under oath in lieu of making a personal appearance in court.

      3.  Any [such] plea [and] or statement submitted through the system by a person or peace officer pursuant to subsection 2 must be received by the court before the date on which the person is required to appear in court pursuant to the traffic citation [.

      3.]or civil infraction citation.

      4.  If a court or traffic violations bureau allows an eligible person to whom a traffic citation or civil infraction citation is issued to use a system established pursuant to subsection 1 to make a plea and state his or her defense or , if authorized, any mitigating circumstances and the person chooses to make a plea and state his or her defense or any mitigating circumstances by using such a system, the person waives his or her right to a trial and the right to confront any witnesses.

      [4.]5.  Any system established pursuant to subsection 1 must:

      (a) For the purpose of authenticating that the person making the plea and statement of his or her defense or any mitigating circumstances or performing any other approved action is the person to whom the traffic citation or civil infraction citation was issued, be capable of requiring the person to submit any of the following information, as applicable, at the discretion of the court or traffic violations bureau:

             (1) The traffic citation number [;] or civil infraction citation number;

 


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             (2) The name and address of the person;

             (3) The state registration number of the person’s vehicle, if any;

             (4) The number of the driver’s license of the person, if any;

             (5) The offense charged [;] or the civil infraction for which the citation was issued; and

             (6) Any other information required by any rules adopted by the Nevada Supreme Court pursuant to subsection [6.] 7.

      (b) For the purposes of authenticating that the peace officer submitting the written statement or performing any other approved action is the peace officer who issued the civil infraction citation, be capable of requiring the peace officer to submit any of the following information at the discretion of the court or traffic violations bureau:

             (1) The civil infraction citation number;

             (2) The civil infraction for which the citation was issued; and

             (3) The first initial, last name and personnel number of the peace officer.

      (c) Provide notice to each person who uses the system to make a plea and statement of his or her defense or any mitigating circumstances that the person waives his or her right to a trial and the right to confront any witnesses.

      [(c)](d) If a plea and statement of the defense or mitigating circumstances of a person or a written statement of a peace officer is submitted by electronic mail, over the Internet or by other electronic means [, confirm] :

             (1) Confirm receipt of [the] :

                   (I) The plea and statement to the person making the plea; and

                   (II) The written statement to the peace officer; or [make]

             (2) Make available to [the] :

                   (I) The person making the plea a copy of the plea and statement [.] ; and

                   (II) The peace officer submitting the written statement a copy of the written statement.

      [5.]6.  A person who has been issued a traffic citation for any of the following offenses may not make a plea and state his or her defense or any mitigating circumstances by using a system established pursuant to subsection 1:

      (a) Aggressive driving in violation of NRS 484B.650;

      (b) Reckless driving in violation of NRS 484B.653;

      (c) Vehicular manslaughter in violation of NRS 484B.657; or

      (d) Driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance in violation of NRS 484C.110, 484C.120 or 488.410, as applicable.

      [6.]7.  The Nevada Supreme Court may adopt rules not inconsistent with the laws of this State to carry out the provisions of this section.

      Sec. 39. NRS 484A.650 is hereby amended to read as follows:

      484A.650  1.  Whenever the driver of a vehicle is stopped by a peace officer for violating a provision of chapters 484A to 484E, inclusive, of NRS, except for violating a provision of NRS 484B.440 to 484B.523, inclusive, the officer shall demand proof of the insurance required by NRS 485.185 or 490.0825 and issue a citation as provided in NRS 484A.630 if the officer has probable cause to believe that the driver of the vehicle is in violation of NRS 485.187 or subsection [4] 5 of NRS 490.520.

 


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NRS 485.187 or subsection [4] 5 of NRS 490.520. If the driver of the vehicle is not the owner, a citation must also be issued to the owner, and in such a case the driver:

      (a) May sign the citation on behalf of the owner; and

      (b) Shall notify the owner of the citation within 3 days after it is issued.

Ê The agency which employs the peace officer shall immediately forward a copy of the citation to the registered owner of the vehicle, by certified mail, at his or her address as it appears on the certificate of registration.

      2.  When the evidence of insurance provided by the driver of the vehicle upon the demand of the peace officer is in an electronic format displayed on a mobile electronic device, the peace officer may view only the evidence of insurance and shall not intentionally view any other content on the mobile electronic device.

      Sec. 39.5. NRS 484A.680 is hereby amended to read as follows:

      484A.680  1.  Every peace officer upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this State or of any traffic ordinance of any city or town shall file manually or, if the provisions of subsection 2 are satisfied, file electronically the original or a copy of the traffic citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau.

      2.  A copy of a traffic citation that is prepared electronically and issued to an alleged violator of any provision of the motor vehicle laws of this State or of any traffic ordinance of any city or town may be filed electronically with a court having jurisdiction over the alleged offense or with its traffic violations bureau if the court or traffic violations bureau, respectively:

      (a) Authorizes such electronic filing;

      (b) Has the ability to receive and store the citation electronically; and

      (c) Has the ability to physically reproduce the citation upon request.

      3.  Upon the filing of the original or a copy of the traffic citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau, the traffic citation may be disposed of only by trial in that court or other official action by a judge of that court, including [forfeiture of the bail, or by the deposit of sufficient bail with, or] payment of a fine to [,] the traffic violations bureau by the person to whom the traffic citation has been issued by the peace officer.

      4.  It is unlawful and official misconduct for any peace officer or other officer or public employee to dispose of a traffic citation or copies of it or of the record of the issuance of a traffic citation in a manner other than as required in this section.

      5.  The chief administrative officer of every traffic enforcement agency shall require the return to him or her of a physical copy or electronic record of every traffic citation issued by an officer under his or her supervision to an alleged violator of any traffic law or ordinance and of all physical copies or electronic records of every traffic citation which has been spoiled or upon which any entry has been made and not issued to an alleged violator.

      6.  The chief administrative officer shall also maintain or cause to be maintained a record of every traffic citation issued by officers under his or her supervision. The record must be retained for at least 2 years after issuance of the citation.

      7.  As used in this section, “officer” includes a volunteer appointed to a traffic enforcement agency pursuant to NRS 484B.470.

 


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      Sec. 40. NRS 484A.900 is hereby amended to read as follows:

      484A.900  1.  It is unlawful and, unless otherwise declared in chapters 484A to 484E, inclusive, of NRS with respect to a particular offense, it is a [misdemeanor] civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act for any person to do any act forbidden or fail to perform any act required in chapters 484A to 484E, inclusive, of NRS.

      2.  The court may order any person who, within a 1-year period, is twice convicted of violating , or found to have committed a civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act for a violation of, a provision of chapters 484A to 484E, inclusive, of NRS to pay tuition for and attend a school for driver training which is approved by the Department for retraining such drivers. The person so ordered may choose from those so approved the school which the person will attend. A person who willfully fails to comply with such an order is guilty of a misdemeanor.

      Sec. 41. NRS 484B.100 is hereby amended to read as follows:

      484B.100  It is [unlawful] a misdemeanor for any person willfully to fail or refuse to comply with any lawful order or direction of any police officer while the officer is performing the duties of the officer in the enforcement of chapters 484A to 484E, inclusive, of NRS.

      Sec. 41.3. NRS 484B.117 is hereby amended to read as follows:

      484B.117  1.  Except as otherwise provided in subsection 2, the driver of a vehicle shall not drive upon or within any sidewalk area except at a permanent or temporary driveway or alley entrance. A person who violates this subsection is guilty of a misdemeanor.

      2.  The provisions of subsection 1 do not apply to a vehicle that is powered solely by electricity and designed to travel on three wheels when such a vehicle is operated:

      (a) As an authorized emergency vehicle;

      (b) By an officer or other authorized employee of a law enforcement agency, as that term is defined in NRS 239C.065, in the course of his or her official duties; or

      (c) By a security guard, as that term is defined in NRS 648.016, in the course of his or her official duties.

      Sec. 41.7. NRS 484B.127 is hereby amended to read as follows:

      484B.127  1.  The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.

      2.  The driver of any truck or combination of vehicles 80 inches or more in overall width, which is following a truck, or combination of vehicles 80 inches or more in overall width, shall, whenever conditions permit, leave a space of 500 feet so that an overtaking vehicle may enter and occupy such space without danger, but this shall not prevent a truck or combination of vehicles from overtaking and passing any vehicle or combination of vehicles. This subsection does not apply to any vehicle or combination of vehicles while moving on a highway on which there are two or more lanes available for traffic moving in the same direction.

      3.  Motor vehicles being driven upon any highway outside of a business district in a caravan or motorcade, whether or not towing other vehicles, shall be operated to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle or combination of vehicles to enter and occupy such space without danger.

      4.  A person who violates this section is guilty of a misdemeanor.

 


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      5.  This section does not apply to a vehicle which is using driver-assistive platooning technology, as defined in NRS 482A.032.

      Sec. 42. NRS 484B.130 is hereby amended to read as follows:

      484B.130  1.  Except as otherwise provided in subsections 2 and 6, a person who is [convicted of] found to have committed a violation of a speed limit, or convicted of or found to have committed a violation of NRS 484B.150, 484B.163, 484B.165, 484B.200 to 484B.217, inclusive, 484B.223, 484B.227, 484B.300, 484B.303, 484B.317, 484B.320, 484B.327, 484B.330, 484B.403, 484B.587, 484B.600, 484B.603, 484B.650, 484B.653, 484B.657, 484C.110 or 484C.120, that occurred:

      (a) In an area designated as a temporary traffic control zone; and

      (b) At a time when the workers who are performing construction, maintenance or repair of the highway or other work are present, or when the effects of the act may be aggravated because of the condition of the highway caused by construction, maintenance or repair, including, without limitation, reduction in lane width, reduction in the number of lanes, shifting of lanes from the designated alignment and uneven or temporary surfaces, including, without limitation, modifications to road beds, cement-treated bases, chip seals and other similar conditions,

Ê shall , if the violation is a criminal offense, be punished by imprisonment or by a fine, or both, for a term or an amount equal to and in addition to the term of imprisonment or amount of the fine, or both, that the court imposes for the primary offense [.] or shall, if the violation is a civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act, be punished by a civil penalty in an amount equal to and in addition to the civil penalty imposed that the court imposes for the primary civil infraction. Any term of imprisonment imposed pursuant to this subsection runs consecutively with the sentence prescribed by the court for the crime. This subsection does not create a separate offense [,] or civil infraction, but provides an additional penalty for the primary offense [,] or civil infraction, whose imposition is contingent upon the finding of the prescribed fact.

      2.  [The] If a violation described in subsection 1 is:

      (a) A criminal offense, the additional penalty imposed pursuant to subsection 1 must not exceed a total of $1,000, 6 months of imprisonment or 120 hours of community service.

      (b) A civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act, the additional penalty imposed pursuant to subsection 1 must not exceed a total of $250.

      3.  Except as otherwise provided in subsection 5, a governmental entity that designates an area or authorizes the designation of an area as a temporary traffic control zone in which construction, maintenance or repair of a highway or other work is conducted, or the person with whom the governmental entity contracts to provide such service, shall cause to be erected:

      (a) A sign located before the beginning of such an area stating “DOUBLE PENALTIES IN WORK ZONES” to indicate a double penalty may be imposed pursuant to this section;

      (b) A sign to mark the beginning of the temporary traffic control zone; and

      (c) A sign to mark the end of the temporary traffic control zone.

      4.  A person who otherwise would be subject to an additional penalty pursuant to this section is not relieved of any criminal liability or liability for a civil infraction because signs are not erected as required by subsection 3 if the violation results in injury to any person performing highway construction or maintenance or other work in the temporary traffic control zone or in damage to property in an amount equal to $1,000 or more.

 


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a civil infraction because signs are not erected as required by subsection 3 if the violation results in injury to any person performing highway construction or maintenance or other work in the temporary traffic control zone or in damage to property in an amount equal to $1,000 or more.

      5.  The requirements of subsection 3 do not apply to an area designated as a temporary traffic control zone:

      (a) Pursuant to an emergency which results from a natural or other disaster and which threatens the health, safety or welfare of the public; or

      (b) On a public highway where the posted speed limit is 25 miles per hour or less and that provides access to or is appurtenant to a residential area.

      6.  A person who would otherwise be subject to an additional penalty pursuant to this section is not subject to an additional penalty if the violation occurred in a temporary traffic control zone for which signs are not erected pursuant to subsection 5, unless the violation results in injury to any person performing highway construction or maintenance or other work in the temporary traffic control zone or in damage to property in an amount equal to $1,000 or more.

      Sec. 43. NRS 484B.135 is hereby amended to read as follows:

      484B.135  1.  Except as otherwise provided in subsections 2 and 4, a person who is [convicted of] found to have committed a violation of a speed limit, or convicted of or found to have committed a violation of NRS 484B.150, 484B.163, 484B.165, 484B.200 to 484B.217, inclusive, 484B.223, 484B.227, 484B.280, 484B.283, 484B.287, 484B.300, 484B.303, 484B.307, 484B.317, 484B.320, 484B.327, 484B.403, 484B.600, 484B.603, 484B.650, 484B.653, 484B.657, 484C.110 or 484C.120, that occurred in an area designated as a pedestrian safety zone may :

      (a) If the violation is a criminal offense, be punished by imprisonment or by a fine, or both, for a term or an amount equal to and in addition to the term of imprisonment or amount of the fine, or both, that the court imposes for the primary offense.

      (b) If the violation is a civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act, be punished by a civil penalty in an amount equal to and in addition to the civil penalty imposed that the court imposes for the primary infraction.

Ê Any term of imprisonment imposed pursuant to this subsection runs consecutively with the sentence prescribed by the court for the crime. This subsection does not create a separate offense [,] or civil infraction but provides an additional penalty for the primary offense [,] or civil infraction, whose imposition is discretionary with the court and contingent upon the finding of the prescribed fact.

      2.  [The] If a violation described in subsection 1 is:

      (a) A criminal offense, the additional penalty imposed pursuant to subsection 1 must not exceed a total of $1,000, 6 months of imprisonment or 120 hours of community service.

      (b) A civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act, the additional penalty imposed pursuant to subsection 1 must not exceed a total of $250.

      3.  A governmental entity that designates a pedestrian safety zone shall cause to be erected:

      (a) A sign located before the beginning of the pedestrian safety zone which provides notice that higher fines and civil penalties may apply in pedestrian safety zones;

 


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      (b) A sign to mark the beginning of the pedestrian safety zone; and

      (c) A sign to mark the end of the pedestrian safety zone.

      4.  A person who would otherwise be subject to an additional penalty pursuant to this section is not subject to such an additional penalty if, with respect to the pedestrian safety zone in which the violation occurred:

      (a) A sign is not erected before the beginning of the pedestrian safety zone as required by paragraph (a) of subsection 3 to provide notice that higher fines and civil penalties may apply in pedestrian safety zones; or

      (b) Signs are not erected as required by paragraphs (b) and (c) of subsection 3 to mark the beginning and end of the pedestrian safety zone.

      5.  The governing body of a local government or the Department of Transportation may designate a pedestrian safety zone on a highway if the governing body or the Department of Transportation:

      (a) Makes findings as to the necessity and appropriateness of a pedestrian safety zone, including, without limitation, any circumstances on or near a highway which make an area of the highway dangerous for pedestrians; and

      (b) Complies with the requirements of subsection 3 and NRS 484A.430 and 484A.440.

      Sec. 44. NRS 484B.150 is hereby amended to read as follows:

      484B.150  1.  It is [unlawful] a misdemeanor for a person to drink an alcoholic beverage while the person is driving or in actual physical control of a motor vehicle upon a highway.

      2.  Except as otherwise provided in this subsection, it is [unlawful] a misdemeanor for a person to have an open container of an alcoholic beverage within the passenger area of a motor vehicle while the motor vehicle is upon a highway. This subsection does not apply to:

      (a) The passenger area of a motor vehicle which is designed, maintained or used primarily for the transportation of persons for compensation; or

      (b) The living quarters of a house coach or house trailer,

Ê but does apply to the driver of such a motor vehicle who is in possession or control of an open container of an alcoholic beverage.

      3.  A person who violates any provision of this section may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135.

      4.  As used in this section:

      (a) “Alcoholic beverage” has the meaning ascribed to it in NRS 202.015.

      (b) “Open container” means a container which has been opened or the seal of which has been broken.

      (c) “Passenger area” means that area of a vehicle which is designed for the seating of the driver or a passenger.

      Sec. 45. NRS 484B.157 is hereby amended to read as follows:

      484B.157  1.  Except as otherwise provided in subsection 7, any person who is transporting a child who is less than 6 years of age and who weighs 60 pounds or less in a motor vehicle operated in this State which is equipped to carry passengers shall secure the child in a child restraint system which:

      (a) Has been approved by the United States Department of Transportation in accordance with the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. Part 571;

      (b) Is appropriate for the size and weight of the child; and

      (c) Is installed within and attached safely and securely to the motor vehicle:

 


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             (1) In accordance with the instructions for installation and attachment provided by the manufacturer of the child restraint system; or

             (2) In another manner that is approved by the National Highway Traffic Safety Administration.

      2.  [If a defendant pleads or is found guilty of violating] A person who violates the provisions of subsection 1 [,] is guilty of a misdemeanor and the court shall:

      (a) For a first offense, order the [defendant] person to pay a fine of not less than $100 or more than $500 or order the [defendant] person to perform not less than 10 hours or more than 50 hours of community service;

      (b) For a second offense, order the [defendant] person to pay a fine of not less than $500 or more than $1,000 or order the [defendant] person to perform not less than 50 hours or more than 100 hours of community service; and

      (c) For a third or subsequent offense, suspend the driver’s license of the [defendant] person for not less than 30 days or more than 180 days.

      3.  At the time of sentencing, the court shall provide the [defendant] person who committed the offense with a list of persons and agencies approved by the Department of Public Safety to conduct programs of training and perform inspections of child restraint systems. The list must include, without limitation, an indication of the fee, if any, established by the person or agency pursuant to subsection 4. If, within 60 days after sentencing, [a defendant] the person provides the court with proof of satisfactory completion of a program of training provided for in this subsection, the court shall:

      (a) If the [defendant] person was sentenced pursuant to paragraph (a) of subsection 2, waive the fine or community service previously imposed; or

      (b) If the [defendant] person was sentenced pursuant to paragraph (b) of subsection 2, reduce by one-half the fine or community service previously imposed.

Ê A [defendant] person is only eligible for a reduction of a fine or community service pursuant to paragraph (b) if the [defendant] person has not had a fine or community service waived pursuant to paragraph (a).

      4.  A person or agency approved by the Department of Public Safety to conduct programs of training and perform inspections of child restraint systems may, in cooperation with the Department [,] of Motor Vehicles, establish a fee to be paid by [defendants] persons who are ordered to complete a program of training. The amount of the fee, if any:

      (a) Must be reasonable; and

      (b) May, if a [defendant] person desires to acquire a child restraint system from such a person or agency, include the cost of a child restraint system provided by the person or agency to the defendant.

Ê A program of training may not be operated for profit.

      5.  For the purposes of NRS 483.473, a violation of this section is not a moving traffic violation.

      6.  A violation of this section may not be considered:

      (a) Negligence in any civil action; or

      (b) Negligence or reckless driving for the purposes of NRS 484B.653.

      7.  This section does not apply:

      (a) To a person who is transporting a child in a means of public transportation, including a taxi, school bus or emergency vehicle.

 


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      (b) When a physician or an advanced practice registered nurse determines that the use of such a child restraint system for the particular child would be impractical or dangerous because of such factors as the child’s weight, physical unfitness or medical condition. In this case, the person transporting the child shall carry in the vehicle the signed statement of the physician or advanced practice registered nurse to that effect.

      8.  As used in this section, “child restraint system” means any device that is designed for use in a motor vehicle to restrain, seat or position children. The term includes, without limitation:

      (a) Booster seats and belt-positioning seats that are designed to elevate or otherwise position a child so as to allow the child to be secured with a safety belt;

      (b) Integrated child seats; and

      (c) Safety belts that are designed specifically to be adjusted to accommodate children.

      Sec. 46. NRS 484B.160 is hereby amended to read as follows:

      484B.160  1.  Except as otherwise provided in subsections 2 and 4, a driver shall not permit a person, with regard to a motor vehicle being operated on a paved highway, to ride upon or within any portion of the vehicle that is primarily designed or intended for carrying goods or other cargo or that is otherwise not designed or intended for the use of passengers, including, without limitation:

      (a) Upon the bed of a flatbed truck; or

      (b) Within the bed of a pickup truck.

      2.  A driver may permit a person to ride upon the bed of a flatbed truck or within the bed of a pickup truck if the person is:

      (a) Eighteen years of age or older; or

      (b) Under 18 years of age and the motor vehicle is:

             (1) Being used in the course of farming or ranching; or

             (2) Being driven in a parade authorized by a local authority.

      3.  A civil infraction citation must be issued pursuant to section 27 of this act to a driver who permits a person to ride upon or within a vehicle in violation of subsection 1. A driver who is cited pursuant to this subsection shall be punished by a [fine] civil penalty of at least $35 but not more than $100.

      4.  The provisions of subsection 1 do not apply to the portion of the bed of a truck that is covered by a camper shell or slide-in camper.

      5.  A violation of this section:

      (a) Is not a moving traffic violation for the purposes of NRS 483.473; and

      (b) May not be considered as:

             (1) Negligence or causation in a civil action; or

             (2) Negligent or reckless driving for the purposes of NRS 484B.653.

      6.  As used in this section:

      (a) “Camper shell” has the meaning ascribed to it in NRS 361.017.

      (b) “Slide-in camper” has the meaning ascribed to it in NRS 482.113.

      Sec. 47. NRS 484B.165 is hereby amended to read as follows:

      484B.165  1.  Except as otherwise provided in this section, a person shall not, while operating a motor vehicle on a highway in this State:

      (a) Manually type or enter text into a cellular telephone or other handheld wireless communications device, or send or read data using any such device to access or search the Internet or to engage in nonvoice communications with another person, including, without limitation, texting, electronic messaging and instant messaging.

 


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communications with another person, including, without limitation, texting, electronic messaging and instant messaging.

      (b) Use a cellular telephone or other handheld wireless communications device to engage in voice communications with another person, unless the device is used with an accessory which allows the person to communicate without using his or her hands, other than to activate, deactivate or initiate a feature or function on the device.

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

      (a) A paid or volunteer firefighter, emergency medical technician, advanced emergency medical technician, paramedic, ambulance attendant or other person trained to provide emergency medical services who is acting within the course and scope of his or her employment.

      (b) A law enforcement officer or any person designated by a sheriff or chief of police or the Director of the Department of Public Safety who is acting within the course and scope of his or her employment.

      (c) A person who is reporting a medical emergency, a safety hazard or criminal activity or who is requesting assistance relating to a medical emergency, a safety hazard or criminal activity.

      (d) A person who is responding to a situation requiring immediate action to protect the health, welfare or safety of the driver or another person and stopping the vehicle would be inadvisable, impractical or dangerous.

      (e) A person who is licensed by the Federal Communications Commission as an amateur radio operator and who is providing a communication service in connection with an actual or impending disaster or emergency, participating in a drill, test, or other exercise in preparation for a disaster or emergency or otherwise communicating public information.

      (f) An employee or contractor of a public utility who uses a handheld wireless communications device:

             (1) That has been provided by the public utility; and

             (2) While responding to a dispatch by the public utility to respond to an emergency, including, without limitation, a response to a power outage or an interruption in utility service.

      3.  The provisions of this section do not prohibit the use of a voice-operated global positioning or navigation system that is affixed to the vehicle.

      4.  A person who violates any provision of subsection 1 is guilty of a [misdemeanor] civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act and:

      (a) For the first [offense] violation within the immediately preceding 7 years, shall pay a [fine] civil penalty of $50.

      (b) For the second [offense] violation within the immediately preceding 7 years, shall pay a [fine] civil penalty of $100.

      (c) For the third or subsequent [offense] violation within the immediately preceding 7 years, shall pay a [fine] civil penalty of $250.

      5.  A person who violates any provision of subsection 1 may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135.

      6.  The Department of Motor Vehicles shall not treat a first violation of this section in the manner statutorily required for a moving traffic violation.

      7.  For the purposes of this section, a person shall be deemed not to be operating a motor vehicle if the motor vehicle is driven autonomously and the autonomous operation of the motor vehicle is authorized by law.

      8.  As used in this section:

 


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      (a) “Handheld wireless communications device” means a handheld device for the transfer of information without the use of electrical conductors or wires and includes, without limitation, a cellular telephone, a personal digital assistant, a pager and a text messaging device. The term does not include a device used for two-way radio communications if:

             (1) The person using the device has a license to operate the device, if required; and

             (2) All the controls for operating the device, other than the microphone and a control to speak into the microphone, are located on a unit which is used to transmit and receive communications and which is separate from the microphone and is not intended to be held.

      (b) “Public utility” means a supplier of electricity or natural gas or a provider of telecommunications service for public use who is subject to regulation by the Public Utilities Commission of Nevada.

      Sec. 47.3. NRS 484B.267 is hereby amended to read as follows:

      484B.267  1.  Upon the immediate approach of an authorized emergency vehicle or an official vehicle of a regulatory agency, making use of flashing lights meeting the requirements of subsection 3 of NRS 484A.480, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of a highway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle or official vehicle has passed, except when otherwise directed by a law enforcement officer.

      2.  Upon approaching an authorized emergency vehicle or an official vehicle of a regulatory agency which is moving or preparing to move in any direction, including, without limitation, arriving at or leaving the scene of a crash or other incident, and making use of flashing lights meeting the requirements of subsection 3 of NRS 484A.480, the driver of any other vehicle shall, except when otherwise directed by a law enforcement officer:

      (a) Decrease the speed of his or her vehicle to a speed that is reasonable and proper, pursuant to the criteria set forth in subsection 1 of NRS 484B.600;

      (b) Proceed with caution;

      (c) Be prepared to stop;

      (d) If the authorized emergency vehicle or official vehicle of a regulatory agency is moving in the same direction of travel as the driver, not drive abreast of or overtake the authorized emergency vehicle or official vehicle of a regulatory agency;

      (e) If possible, drive in a lane that is not adjacent to the lane in which the authorized emergency vehicle or official vehicle of a regulatory agency is moving, unless roadway, traffic, weather or other conditions make doing so unsafe or impossible; and

      (f) If the authorized emergency vehicle or official vehicle of a regulatory agency:

             (1) Approaches the driver’s vehicle, proceed as required pursuant to subsection 1; or

             (2) Stops, proceed as required pursuant to NRS 484B.607.

      3.  A person who violates this section is guilty of a misdemeanor.

      4.  As used in this section, “preparing to move” means any indication that is visible to an approaching driver that an authorized emergency vehicle or an official vehicle of a regulatory agency is about to move, including, without limitation:

 


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      (a) A movement of the vehicle; or

      (b) The use of hand signals by the driver of the vehicle.

      Sec. 47.5. NRS 484B.290 is hereby amended to read as follows:

      484B.290  [1.]  A person who is blind and who is on foot and using a service animal or carrying a cane or walking stick white in color, or white tipped with red, has the right-of-way when entering or when on a highway, street or road of this State. Any driver of a vehicle who approaches or encounters such a person shall yield the right-of-way, come to a full stop, if necessary, and take precautions before proceeding to avoid a crash or injury to the person.

      [2.  Any] A person who violates [subsection 1 shall be punished by imprisonment in the county jail for not more than 6 months or by a fine of not less than $100 nor more than $500, or by both fine and imprisonment.] this section is guilty of a civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act.

      Sec. 47.7. NRS 484B.317 is hereby amended to read as follows:

      484B.317  1.  A person shall not, without lawful authority, attempt to or alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal or any inscription, shield or insigne thereon, or any other part thereof.

      2.  A person who violates [any provision of this section may] subsection 1:

      (a) Is guilty of a misdemeanor; and

      (b) May be subject to any additional penalty set forth in NRS 484B.130 or 484B.135.

      Sec. 48. NRS 484B.323 is hereby amended to read as follows:

      484B.323  1.  A person shall not operate a vehicle in a lane designated for the use of high-occupancy vehicles except in conformity with the established conditions which are placed and maintained on signs and other official traffic-control devices pursuant to subsection 2 of NRS 484A.460 or established by regulation.

      2.  A person who violates subsection 1 is guilty of a [misdemeanor] civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act and shall be [fined] punished by a civil penalty of $250 for each offense.

      3.  As used in this section, “high-occupancy vehicle” means:

      (a) A vehicle that is transporting more than one person;

      (b) A motorcycle, regardless of the number of passengers;

      (c) A bus, regardless of the number of passengers; and

      (d) Any other vehicle designated by regulation.

      Sec. 49. NRS 484B.330 is hereby amended to read as follows:

      484B.330  1.  It is unlawful for a driver of a vehicle to fail or refuse to comply with any signal of an authorized flagger serving in a traffic control capacity in a clearly marked area of highway construction or maintenance or any other area which has been designated as a temporary traffic control zone.

      2.  A district attorney shall prosecute all violations of subsection 1 which occur in his or her jurisdiction and which result in injury to any person performing highway construction or maintenance or performing other work within an area designated as a temporary traffic control zone unless the district attorney has good cause for not prosecuting the violation. In addition to any other penalty, if a driver violates any provision of subsection 1 and the violation results in injury to any person performing highway construction or maintenance or performing other work within an area designated as a temporary traffic control zone, or in damage to property in an amount of not less than $1,000, the driver is guilty of a misdemeanor and shall be [punished by a fine of not less than $1,000 or more than $2,000, and] ordered to perform 120 hours of community service.

 


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temporary traffic control zone, or in damage to property in an amount of not less than $1,000, the driver is guilty of a misdemeanor and shall be [punished by a fine of not less than $1,000 or more than $2,000, and] ordered to perform 120 hours of community service.

      3.  A person who violates any provision of subsection 1 may be subject to the additional penalty set forth in subsection 1 of NRS 484B.130.

      4.  As used in this section, “authorized flagger serving in a traffic control capacity” means:

      (a) An employee of the Department of Transportation or of a contractor performing highway construction or maintenance or performing other work within an area designated as a temporary traffic control zone for the Department of Transportation while the employee is carrying out the duties of his or her employment;

      (b) An employee of any other governmental entity or of a contractor performing highway construction or maintenance or performing other work within an area designated as a temporary traffic control zone for the governmental entity while the employee is carrying out the duties of his or her employment; or

      (c) Any other person employed by a private entity performing highway construction or maintenance or performing other work within an area designated as a temporary traffic control zone while the person is carrying out the duties of his or her employment if the person has satisfactorily completed training as a flagger approved or recognized by the Department of Transportation.

      Sec. 50. NRS 484B.593 is hereby amended to read as follows:

      484B.593  1.  The Department of Transportation or a local authority, after considering the advice of the Nevada Bicycle and Pedestrian Advisory Board, may with respect to any controlled-access highway under its jurisdiction:

      (a) Require a permit for the use of the highway by pedestrians, bicycles or other nonmotorized traffic or by any person operating a power cycle; or

      (b) If it determines that the use of the highway for such a purpose would not be safe, prohibit the use of the highway by pedestrians, bicycles or other nonmotorized traffic.

      2.  Any person who violates any prohibition or restriction enacted pursuant to subsection 1 is guilty of a [misdemeanor.] civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act.

      Sec. 51. NRS 484B.600 is hereby amended to read as follows:

      484B.600  1.  It is unlawful for any person to drive or operate a vehicle of any kind or character at:

      (a) A rate of speed greater than is reasonable or proper, having due regard for the traffic, surface and width of the highway, the weather and other highway conditions.

      (b) Such a rate of speed as to endanger the life, limb or property of any person.

      (c) A rate of speed greater than that posted by a public authority for the particular portion of highway being traversed.

      (d) A rate of speed that results in the injury of another person or of any property.

      (e) In any event, a rate of speed greater than 80 miles per hour.

      2.  If, while violating any provision of subsection 1, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian or a person riding a bicycle, an electric bicycle or an electric scooter, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.

 


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person riding a bicycle, an electric bicycle or an electric scooter, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.

      3.  A person who violates any provision of subsection 1 may be subject to the additional penalty set forth in NRS 484B.130 or 484B.135.

      4.  Except as otherwise provided by law, if a person is issued a traffic citation for a violation of any provision of subsection 1, the court may, in its discretion, reduce the violation from a moving traffic violation to a violation that is not a moving traffic violation. There is a presumption in favor of reducing the violation if the person pays the entire amount of the fine and all fees due before the date on which the person is first required to make an appearance relating to the citation, whether by personal appearance or through his or her counsel, but such a presumption may be overcome if the driving record of the person demonstrates a pattern of moving traffic violations.

      5.  Any fine imposed pursuant to paragraph (a), (b), (c) or (e) of subsection 1 must not exceed $20 for each mile per hour a person travels above the posted speed limit or the proper rate of speed at which the person should be traveling, as applicable. The provisions of this subsection apply regardless of whether a person pays the entire amount of the fine and all fees due in accordance with subsection 4.

      6.  Except as otherwise provided in subsection 7, a person who commits a violation of any provision of this section that causes physical injury to a person or damage to property shall be punished by a civil penalty of not more than $1,000.

      7.  A person who commits a violation of any provision of this section and, at the time the violation was committed, was operating a vehicle at a rate of speed that was 30 miles per hour or more over that posted by a public authority is guilty of a misdemeanor.

      Sec. 52. (Deleted by amendment.)

      Sec. 53. NRS 484B.610 is hereby amended to read as follows:

      484B.610  1.  Except as otherwise provided in subsection 2 and pursuant to the power granted in NRS 269.185, the town board or board of county commissioners may, by ordinance, limit the speed of motor vehicles in any unincorporated town in the county as may be deemed proper.

      2.  The Department of Transportation may establish the speed limits for motor vehicles on highways within the boundaries of any unincorporated town which are constructed and maintained under the authority granted by chapter 408 of NRS.

      3.  A person who violates any speed limit established pursuant to this section may be subject to the additional penalty set forth in NRS 484B.130.

      4.  Except as otherwise provided in subsection 5, a person who violates any speed limit established pursuant to this section for the particular portion of the highway being traversed shall be punished by a civil penalty of not more than $500.

      5.  A person who commits a violation of any provision of this section that causes physical injury to a person or damage to property shall be punished by a civil penalty of not more than $1,000.

      Sec. 54. NRS 484B.613 is hereby amended to read as follows:

      484B.613  1.  The Department of Transportation may establish the speed limits for motor vehicles on highways which are constructed and maintained by the Department of Transportation under the authority granted to it by chapter 408 of NRS.

 


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      2.  Except as otherwise provided by federal law, the Department of Transportation may establish a speed limit on such highways not to exceed 80 miles per hour and may establish a lower speed limit:

      (a) Where necessary to protect public health and safety.

      (b) For trucks, overweight and oversized vehicles, trailers drawn by motor vehicles and buses.

      3.  A person who violates any speed limit established pursuant to this section may be subject to the additional penalty set forth in NRS 484B.130.

      4.  Except as otherwise provided in subsection 5, a person who violates any speed limit established pursuant to this section for the particular portion of the highway being traversed shall be punished by a civil penalty of not more than $500.

      5.  A person who commits a violation of any provision of this section that causes physical injury to a person or damage to property shall be punished by a civil penalty of not more than $1,000.

      Sec. 55. NRS 484B.617 is hereby amended to read as follows:

      484B.617  1.  Except as otherwise provided in [subsection] subsections 3 [,] and 4, a person driving a motor vehicle during the hours of daylight at a speed in excess of the speed limit posted by a public authority for the portion of highway being traversed shall be punished by a [fine] civil penalty of $25 if:

      (a) The posted speed limit is 60 miles per hour and the person is not exceeding a speed of 70 miles per hour.

      (b) The posted speed limit is 65 miles per hour and the person is not exceeding a speed of 75 miles per hour.

      (c) The posted speed limit is 70 miles per hour and the person is not exceeding a speed of 75 miles per hour.

      (d) The posted speed limit is 75 miles per hour and the person is not exceeding a speed of 80 miles per hour.

      (e) The posted speed limit is 80 miles per hour and the person is not exceeding a speed of 85 miles per hour.

      2.  A violation of the speed limit under any of the circumstances set forth in subsection 1 must not be recorded by the Department on a driver’s record and shall not be deemed a moving traffic violation.

      3.  A person who commits a violation of any provision of this section that causes physical injury to a person or damage to property shall be punished by a civil penalty of not more than $1,000.

      4.  The provisions of this section do not apply to a violation specified in subsection 1 that occurs in a county whose population is 100,000 or more if the portion of highway being traversed is in:

      (a) An urban area; or

      (b) An area which is adjacent to an urban area and which has been designated by the public authority that established the posted speed limit for the portion of highway being traversed as an area that requires strict observance of the posted speed limit to protect public health and safety.

      Sec. 56. NRS 484B.620 is hereby amended to read as follows:

      484B.620  1.  The Department of Transportation may prescribe speed zones, and install appropriate speed signs controlling vehicular traffic on the state highway system as established in chapter 408 of NRS through hazardous areas, after necessary studies have been made to determine the need therefor, and to eliminate speed zones and remove the signs therefrom whenever the need therefor ceases to exist.

 


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      2.  After the establishment of a speed zone and the installation of appropriate signs to control speed, it is unlawful for any person to drive a motor vehicle upon the road and in the speed zone in excess of the speed therein authorized.

      3.  A person who violates subsection 2 shall be punished by a civil penalty of not more than $500.

      Sec. 57. 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 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 is able to turn off the roadway in a safe manner.

      2.  A person who violates subsection 1 is guilty of a [misdemeanor.] civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act.

      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. 58. NRS 484B.650 is hereby amended to read as follows:

      484B.650  1.  A driver commits an offense of aggressive driving if, during any single, continuous period of driving within the course of 1 mile, the driver does all the following, in any sequence:

      (a) Commits one or more acts of speeding in violation of NRS 484B.363 or 484B.600.

      (b) Commits two or more of the following acts, in any combination, or commits any of the following acts more than once:

             (1) Failing to obey an official traffic-control device in violation of NRS 484B.300.

             (2) Overtaking and passing another vehicle upon the right by driving off the paved portion of the highway in violation of NRS 484B.210.

             (3) Improper or unsafe driving upon a highway that has marked lanes for traffic in violation of NRS 484B.223.

             (4) Following another vehicle too closely in violation of NRS 484B.127.

             (5) Failing to yield the right-of-way in violation of any provision of NRS 484B.250 to 484B.267, inclusive.

      (c) Creates an immediate hazard, regardless of its duration, to another vehicle or to another person, whether or not the other person is riding in or upon the vehicle of the driver or any other vehicle.

      2.  A driver may be prosecuted and convicted of an offense of aggressive driving in violation of subsection 1 whether or not the driver is [prosecuted or convicted] issued a civil infraction citation pursuant to section 27 of this act for committing, or is found to have committed, any of the acts described in paragraphs (a) and (b) of subsection 1 [.] that are punishable as a civil infraction.

 


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      3.  A driver who commits an offense of aggressive driving in violation of subsection 1 is guilty of a misdemeanor and:

      (a) For the first offense, shall be punished:

             (1) By a fine of not less than $250 but not more than $1,000; or

             (2) By both fine and imprisonment in the county jail for not more than 6 months.

      (b) For the second offense, shall be punished:

             (1) By a fine of not less than $1,000 but not more than $1,500; or

             (2) By both fine and imprisonment in the county jail for not more than 6 months.

      (c) For the third and each subsequent offense, shall be punished:

             (1) By a fine of not less than $1,500 but not more than $2,000; or

             (2) By both fine and imprisonment in the county jail for not more than 6 months.

      4.  In addition to any other penalty pursuant to subsection 3:

      (a) For the first offense within 2 years, the court shall order the driver to attend, at the driver’s own expense, a course of traffic safety approved by the Department and may issue an order suspending the driver’s license of the driver for a period of not more than 30 days.

      (b) For a second or subsequent offense within 2 years, the court shall issue an order revoking the driver’s license of the driver for a period of 1 year.

      5.  To determine whether the provisions of paragraph (a) or (b) of subsection 4 apply to one or more offenses of aggressive driving, the court shall use the date on which each offense of aggressive driving was committed.

      6.  If the driver is already the subject of any other order suspending or revoking his or her driver’s license, the court shall order the additional period of suspension or revocation, as appropriate, to apply consecutively with the previous order.

      7.  If the court issues an order suspending or revoking the driver’s license of the driver pursuant to this section, the court shall require the driver to surrender to the court all driver’s licenses then held by the driver. The court shall, within 5 days after issuing the order, forward the driver’s licenses and a copy of the order to the Department.

      8.  If the driver successfully completes a course of traffic safety ordered pursuant to this section, the Department shall cancel three demerit points from his or her driving record in accordance with NRS 483.448 or 483.475, as appropriate, unless the driver would not otherwise be entitled to have those demerit points cancelled pursuant to the provisions of that section.

      9.  This section does not preclude the suspension or revocation of the driver’s license of the driver, or the suspension of the future driving privileges of a person, pursuant to any other provision of law.

      10.  A person who violates any provision of subsection 1 may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135.

      Sec. 59. NRS 484B.760 is hereby amended to read as follows:

      484B.760  1.  It is a [misdemeanor] civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act for any person to do any act forbidden or fail to perform any act required in NRS 484B.768 to 484B.790, inclusive.

 


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      2.  The parent of any child and the guardian of any ward shall not authorize or knowingly permit the child or ward to violate any of the provisions of chapters 484A to 484E, inclusive, of NRS.

      3.  The provisions applicable to bicycles, electric bicycles and electric scooters apply whenever a bicycle, an electric bicycle or an electric scooter is operated upon any highway or upon any path set aside for the exclusive use of bicycles, electric bicycles and electric scooters subject to those exceptions stated herein.

      Sec. 60. NRS 484B.900 is hereby amended to read as follows:

      484B.900  No automobile rental agency shall be liable for any traffic violation arising out of the use of a leased or rented motor vehicle during the period such motor vehicle is not in the possession of the agency. This section does not absolve any such agency from liability for any misdemeanor or civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act committed by an officer, employee or agent of the agency.

      Sec. 60.5. NRS 484C.470 is hereby amended to read as follows:

      484C.470  1.  The court may extend the order of a person who is required to install a device pursuant to NRS 484C.210 or 484C.460, not to exceed one-half of the period during which the person is required to have a device installed, if the court receives from the Director of the Department of Public Safety or the manufacturer of the device or its agent a report that 4 consecutive months prior to the date of release any of the following incidents occurred:

      (a) Any attempt by the person to start the vehicle with a concentration of alcohol of 0.04 or more in his or her breath unless a subsequent test performed within 10 minutes registers a concentration of alcohol lower than 0.04 and the digital image confirms the same person provided both samples;

      (b) Failure of the person to take any random test unless a review of the digital image confirms that the vehicle was not occupied by the person at the time of the missed test;

      (c) Failure of the person to pass any random retest with a concentration of alcohol of 0.025 or lower in his or her breath unless a subsequent test performed within 10 minutes registers a concentration of alcohol lower than 0.025, and the digital image confirms the same person provided both samples;

      (d) Failure of the person to have the device inspected, calibrated, monitored and maintained by the manufacturer or its agent pursuant to subsection 4 of NRS 484C.460; or

      (e) Any attempt by the person to operate a motor vehicle without a device or tamper with the device.

      2.  A person required to install a device pursuant to NRS 484C.210 or 484C.460 shall not operate a motor vehicle without a device or tamper with the device.

      3.  A person who violates any provision of subsection 2:

      (a) Must have his or her driving privilege revoked in the manner set forth in subsection 4 of NRS 483.460; and

      (b) [Shall] Is guilty of a misdemeanor and shall be:

             (1) Punished by imprisonment in jail for not less than 30 days nor more than 6 months; or

             (2) Sentenced to a term of not less than 60 days in residential confinement nor more than 6 months, and by a fine of not less than $500 nor more than $1,000.

 


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Ê No person who is punished pursuant to this section may be granted probation, and no sentence imposed for such a violation may be suspended. No prosecutor may dismiss a charge of such a violation in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless, in the judgment of the attorney, the charge is not supported by probable cause or cannot be proved at trial.

      Sec. 61. NRS 484D.285 is hereby amended to read as follows:

      484D.285  1.  The driver of a vehicle which is equipped with a device for braking that uses the compression of the engine of the vehicle shall not use the device at any time unless:

      (a) The device is equipped with an operational muffler; or

      (b) The driver reasonably believes that an emergency requires the use of the device to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of damage to property.

      2.  A person who violates the provisions of this section is guilty of a [misdemeanor.] civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act.

      Sec. 62. NRS 484D.405 is hereby amended to read as follows:

      484D.405  1.  It is unlawful for any person to operate or cause to be operated upon the public highways of the State of Nevada any out-of-state or foreign privately owned motor vehicle equipped with a red light or siren attached thereto as a part of the equipment of the vehicle.

      2.  This section is not intended to repeal, amend or in any manner change the existing law insofar as it applies to domestic and foreign motor vehicles except in the particular instance set out in subsection 1 and this section does not apply to motor vehicles registered in foreign states having reciprocal arrangements made with the Department in relation to the use of red lights and sirens upon out-of-state motor vehicles.

      3.  A violation of the provisions of this section is punishable by a [fine] civil penalty of not more than $250.

      Sec. 63. NRS 484D.495 is hereby amended to read as follows:

      484D.495  1.  It is unlawful to drive a passenger car manufactured after:

      (a) January 1, 1968, on a highway unless it is equipped with at least two lap-type safety belt assemblies for use in the front seating positions.

      (b) January 1, 1970, on a highway unless it is equipped with a lap-type safety belt assembly for each permanent seating position for passengers. This requirement does not apply to the rear seats of vehicles operated by a police department or sheriff’s office.

      (c) January 1, 1970, unless it is equipped with at least two shoulder-harness-type safety belt assemblies for use in the front seating positions.

      2.  Any person driving, and any passenger who:

      (a) Is 6 years of age or older; or

      (b) Weighs more than 60 pounds, regardless of age,

Ê who rides in the front or back seat of any vehicle described in subsection 1, having an unladen weight of less than 10,000 pounds, on any highway, road or street in this State shall wear a safety belt if one is available for the seating position of the person or passenger.

      3.  A civil infraction citation must be issued pursuant to section 27 of this act to any driver or to any adult passenger who fails to wear a safety belt as required by subsection 2. If the passenger is a child who:

 


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      (a) Is 6 years of age or older but less than 18 years of age, regardless of weight; or

      (b) Is less than 6 years of age but who weighs more than 60 pounds,

Ê a civil infraction citation must be issued pursuant to section 27 of this act to the driver for failing to require that child to wear the safety belt, but if both the driver and that child are not wearing safety belts, only one civil infraction citation may be issued to the driver for both violations. A civil infraction citation may be issued pursuant to [this subsection] section 27 of this act only if the violation is discovered when the vehicle is halted or its driver arrested for another alleged violation or offense. Any person who violates the provisions of subsection 2 shall be punished by a [fine] civil penalty of not more than $25 or by a sentence to perform a certain number of hours of community service.

      4.  A violation of subsection 2:

      (a) Is not a moving traffic violation under NRS 483.473.

      (b) May not be considered as negligence or as causation in any civil action or as negligent or reckless driving under NRS 484B.653.

      (c) May not be considered as misuse or abuse of a product or as causation in any action brought to recover damages for injury to a person or property resulting from the manufacture, distribution, sale or use of a product.

      5.  The Department shall exempt those types of motor vehicles or seating positions from the requirements of subsection 1 when compliance would be impractical.

      6.  The provisions of subsections 2 and 3 do not apply:

      (a) To a driver or passenger who possesses a written statement by a physician or an advanced practice registered nurse certifying that the driver or passenger is unable to wear a safety belt for medical or physical reasons;

      (b) If the vehicle is not required by federal law to be equipped with safety belts;

      (c) To an employee of the United States Postal Service while delivering mail in the rural areas of this State;

      (d) If the vehicle is stopping frequently, the speed of that vehicle does not exceed 15 miles per hour between stops and the driver or passenger is frequently leaving the vehicle or delivering property from the vehicle; or

      (e) Except as otherwise provided in NRS 484D.500, to a passenger riding in a means of public transportation, including a school bus or emergency vehicle.

      7.  It is unlawful for any person to distribute, have for sale, offer for sale or sell any safety belt or shoulder harness assembly for use in a motor vehicle unless it meets current minimum standards and specifications of the United States Department of Transportation.

      Sec. 64. NRS 484D.540 is hereby amended to read as follows:

      484D.540  Violation of the provisions of NRS 484D.535 is a [misdemeanor.] civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act. Whenever any motor vehicle is found by any peace officer to be in violation of the provisions of NRS 484D.535, and a [notice to appear or] civil infraction citation is issued [, it] pursuant to section 27 of this act, the citation may require that the person named therein shall produce in court proof that such vehicle or its equipment has been made to conform to the provisions of NRS 484D.535.

 


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      Sec. 65. NRS 484D.620 is hereby amended to read as follows:

      484D.620  Any person operating or moving any vehicle or equipment over any highway who violates any length limitation in this chapter is guilty of a [misdemeanor.] civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act.

      Sec. 66. NRS 484D.680 is hereby amended to read as follows:

      484D.680  1.  Except as otherwise provided in subsection [5,] 4, a person [convicted of] found to have committed a violation of any limitation of weight imposed by NRS 484D.615 to 484D.675, inclusive, shall be punished by a [fine] civil penalty as specified in the following table:

 

Pounds of Excess Weight                                            [Fine] Civil Penalty

 

1 to 1,500................................................................................................... $10

1,501 to 2,500...................................... 1 cent per pound of excess weight

2,501 to 5,000.................................... 2 cents per pound of excess weight

5,001 to 7,500.................................... 4 cents per pound of excess weight

7,501 to 10,000.................................. 6 cents per pound of excess weight

10,001 and over................................. 8 cents per pound of excess weight

 

      2.  If the resulting [fine] civil penalty is not a whole number of dollars, the nearest whole number above the computed amount must be imposed as the [fine.] civil penalty.

      3.  The [fines] civil penalties provided in this section are mandatory, must be collected immediately upon [a determination of guilt] entry of an order imposing the penalty and must not be reduced under any circumstances by the court.

      4.  [Any bail allowed must not be less than the appropriate fine provided for in this section.

      5.] A person [convicted of] found to have committed a violation of a limitation of weight imposed by NRS 484D.615 to 484D.675, inclusive, shall be punished by a [fine] civil penalty that is equal to twice the amount of the [fine] civil penalty specified in subsection 1 if that violation occurred on or after February 1 but before May 1 on a highway designated by the Director of the Department of Transportation as restricted pursuant to NRS 408.214. This subsection does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      Sec. 67. NRS 484D.745 is hereby amended to read as follows:

      484D.745  1.  It is unlawful for any person to operate or move any vehicle or equipment described in NRS 484D.615 or 484D.685 to 484D.725, inclusive, over any highway without first obtaining a permit, or to violate or evade any of the terms or conditions of the permit when issued. A person violating any of the provisions of NRS 484D.685 to 484D.740, inclusive, is guilty of a [misdemeanor.] civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act.

      2.  Any person operating or moving any vehicle or equipment described in NRS 484D.615 or 484D.685 to 484D.725, inclusive, over any highway under the authorization of a permit for continuous use or multiple trips over a limited time and who violates any weight limitation in excess of the weight authorized by the permit must be punished, upon [conviction,] being found to have committed the violation, as provided in NRS 484D.680.

 


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      Sec. 67.2. NRS 484E.020 is hereby amended to read as follows:

      484E.020  1.  The driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall:

      [1.](a) Immediately stop his or her vehicle at the scene of the crash; and

      [2.](b) If the driver’s vehicle is creating a hazard or obstructing traffic and can be moved safely, move the vehicle or cause the vehicle to be moved out of the traffic lanes of the roadway to a safe location that does not create a hazard or obstruct traffic and, if applicable, safely fulfill the requirements of NRS 484E.030.

      2.  A person who violates this section is guilty of a misdemeanor.

      Sec. 67.4. NRS 484E.030 is hereby amended to read as follows:

      484E.030  1.  The driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall:

      (a) Give his or her name, address and the registration number of the vehicle the driver is driving, and shall upon request and if available exhibit his or her license to operate a motor vehicle to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other property damaged in such crash;

      (b) Give such information and upon request manually surrender such license to any police officer at the scene of the crash or who is investigating the crash; and

      (c) Render to any person injured in such crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person.

      2.  If no police officer is present, the driver of any vehicle involved in such crash after fulfilling all other requirements of subsection 1 and NRS 484E.010, insofar as possible on his or her part to be performed, shall forthwith report such crash to the nearest office of a police authority or of the Nevada Highway Patrol and submit thereto the information specified in subsection 1.

      3.  A person who violates this section is guilty of a misdemeanor.

      Sec. 67.6. NRS 484E.040 is hereby amended to read as follows:

      484E.040  1.  Except as otherwise provided in subsection 2, the driver of any vehicle which is involved in a crash with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or shall attach securely in a conspicuous place in or on such vehicle or property a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking.

      2.  If the vehicle of a driver involved in a crash pursuant to subsection 1 is creating a hazard or obstructing traffic and can be moved safely, the driver shall, before meeting the requirements of subsection 1, move the vehicle or cause the vehicle to be moved out of the traffic lanes of the roadway to a safe location that does not create a hazard or obstruct traffic and minimizes interference with the free movement of traffic.

      3.  A person who violates this section is guilty of a misdemeanor.

 


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      Sec. 67.8. NRS 484E.050 is hereby amended to read as follows:

      484E.050  1.  The driver of a vehicle which is involved in a crash with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately by the quickest means of communication give notice of such crash to the nearest office of a police authority or of the Nevada Highway Patrol.

      2.  Whenever the driver of a vehicle is physically incapable of giving an immediate notice of a crash as required in subsection 1 and there was another occupant in the vehicle at the time of the crash capable of doing so, such occupant shall make or cause to be given the notice not given by the driver.

      3.  A person who violates this section is guilty of a misdemeanor.

      Sec. 68. NRS 485.135 is hereby amended to read as follows:

      485.135  The Department shall upon request furnish any person a certified abstract of the operating record of any person subject to the provisions of this chapter, which abstract must also fully designate the motor vehicles, if any, registered in the name of that person, and, if there is no record of any [conviction of] violations by that person of [violating] any law relating to the operation of a motor vehicle or of any injury or damage caused by that person, the Department shall so certify.

      Sec. 69. NRS 486.171 is hereby amended to read as follows:

      486.171  1.  A person shall not authorize or knowingly permit a motorcycle, except a trimobile, owned by or under the control of the person to be driven upon any highway by any person who is not authorized pursuant to NRS 486.011 to 486.381, inclusive, to drive a motorcycle.

      2.  A person who violates this section is guilty of a misdemeanor.

      Sec. 69.5. NRS 486.180 is hereby amended to read as follows:

      486.180  1.  The provisions of NRS 486.180 to 486.361, inclusive, are applicable and uniform throughout this State.

      2.  A local authority shall not enact an ordinance governing the operation and equipment of a motorcycle or moped which is in conflict with any of the provisions of NRS 486.180 to 486.361, inclusive.

      3.  A local authority shall not enact an ordinance providing a criminal penalty for a violation of this chapter for which the penalty prescribed by this chapter is a civil penalty.

      Sec. 70. NRS 486.375 is hereby amended to read as follows:

      486.375  1.  A person who:

      (a) Is a resident of this State or is a member of the Armed Forces of the United States stationed at a military installation located in Nevada;

      (b) Is at least 21 years old;

      (c) Holds a motorcycle driver’s license or a motorcycle endorsement to a driver’s license issued by the Department;

      (d) Has held a motorcycle driver’s license or endorsement for at least 2 years; and

      (e) Is certified as an instructor of motorcycle riders by a nationally recognized public or private organization which is approved by the Director,

Ê may apply to the Department for a license as an instructor for the Program.

      2.  The Department shall not license a person as an instructor if, within 2 years before the person submits an application for a license:

      (a) The person has accumulated three or more demerit points pursuant to the uniform system of demerit points established pursuant to NRS 483.473, or has been convicted of , or found to have committed, traffic violations of comparable number and severity in another jurisdiction; or

 


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      (b) The person’s driver’s license was suspended or revoked in any jurisdiction.

      3.  The Director shall adopt standards and procedures for the licensing of instructors for the Program.

      Sec. 71. NRS 486.381 is hereby amended to read as follows:

      486.381  Any person violating any provisions of NRS 486.011 to 486.361, inclusive, is guilty of a [misdemeanor.] civil infraction unless a provision of those sections specifically provides that a particular violation is a misdemeanor, gross misdemeanor or felony.

      Sec. 71.5. Chapter 490 of NRS is hereby amended by adding thereto a new section to read as follows:

      A local authority shall not enact an ordinance providing a criminal penalty for a violation of this chapter for which the penalty prescribed by this chapter is a civil penalty.

      Sec. 72. NRS 490.520 is hereby amended to read as follows:

      490.520  1.  It is a gross misdemeanor for any person knowingly to falsify:

      (a) An off-highway vehicle dealer’s report of sale, as described in NRS 490.440; or

      (b) An application or document to obtain any license, permit, certificate of title or registration issued under the provisions of this chapter.

      2.  It is a misdemeanor for any person to violate any of the provisions of NRS 490.200 to 490.450, inclusive.

      3.  Except as otherwise provided in subsections [3] 4 and [4,] 5, it is a [misdemeanor] civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act for any person to violate any of the provisions of this chapter unless the violation is by this section or other provision of this chapter or other law of this State declared to be a misdemeanor, gross misdemeanor or [a] felony.

      [3.] 4.  Except as otherwise provided in subsection [4,] 5, a person who violates a provision of this chapter relating to the registration or operation of an off-highway vehicle is guilty of a [misdemeanor] civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act and shall be punished by a [fine] civil penalty not to exceed $100.

      [4.] 5.  Any person who registers a large all-terrain vehicle pursuant to NRS 490.0825 and who:

      (a) Operates or knowingly permits the operation of the vehicle without having insurance as required by NRS 490.0825;

      (b) Operates or knowingly permits the operation of the vehicle without having evidence of insurance of the vehicle in the possession of the operator of the vehicle; or

      (c) Fails or refuses to surrender, upon demand, to a peace officer or to an authorized representative of the Department the evidence of insurance,

Ê is guilty of a [misdemeanor] civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act and shall be punished by a [fine] civil penalty not to exceed $100.

      Sec. 73. NRS 4.355 is hereby amended to read as follows:

      4.355  1.  A justice of the peace in a township whose population is 40,000 or more may appoint a referee to take testimony and recommend orders and a judgment:

      (a) In any action filed pursuant to NRS 73.010;

      (b) In any action filed pursuant to NRS 33.200 to 33.360, inclusive;

 


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      (c) In any action for a misdemeanor constituting a violation of chapters 484A to 484E, inclusive, of NRS, except NRS 484C.110 or 484C.120; [or]

      (d) In any action for a misdemeanor constituting a violation of a county traffic ordinance [.] ; or

      (e) In any action to determine whether a person has committed a civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act.

      2.  The referee must meet the qualifications of a justice of the peace as set forth in NRS 4.010.

      3.  The referee:

      (a) Shall take testimony;

      (b) Shall make findings of fact, conclusions of law and recommendations for an order or judgment;

      (c) May, subject to confirmation by the justice of the peace, enter an order or judgment; and

      (d) Has any other power or duty contained in the order of reference issued by the justice of the peace.

      4.  The findings of fact, conclusions of law and recommendations of the referee must be furnished to each party or his or her attorney at the conclusion of the proceeding or as soon thereafter as possible. Within 5 days after receipt of the findings of fact, conclusions of law and recommendations, a party may file a written objection. If no objection is filed, the court shall accept the findings, unless clearly erroneous, and the judgment may be entered thereon. If an objection is filed within the 5-day period, the justice of the peace shall review the matter by trial de novo, except that if all of the parties so stipulate, the review must be confined to the record.

      5.  A referee must be paid one-half of the hourly compensation of a justice of the peace.

      Sec. 74. 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. 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.

 


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      (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] civil penalty 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.

      (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.

 


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      (w) In any action to determine whether a person has committed a civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act.

      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, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.

      5.  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.  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. 74.5. Chapter 5 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A municipal court may appoint a referee or hearing master to take testimony and recommend orders and a judgment in any action to determine whether a person has committed a civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act.

      2.  The referee or hearing master:

      (a) Shall take testimony;

      (b) Shall make findings of fact, conclusions of law and recommendations for an order or judgment;

      (c) May, subject to confirmation by the court, enter an order or judgment; and

      (d) Has any other power or duty contained in the order of reference issued by the court.

      3.  The findings of fact, conclusions of law and recommendations of the referee or hearing master must be furnished to each party or his or her attorney at the conclusion of the proceeding or as soon thereafter as possible. Within 5 days after receipt of the findings of fact, conclusions of law and recommendations, a party may file a written objection. If no objection is filed, the court shall accept the findings, unless clearly erroneous, and the judgment may be entered thereon. If an objection is filed within the 5-day period, the court shall review the matter by trial de novo, except that if all of the parties so stipulate, the review must be confined to the record.

      Sec. 75. NRS 5.050 is hereby amended to read as follows:

      5.050  1.  Municipal courts have jurisdiction of civil actions or proceedings:

      (a) For the violation of any ordinance of their respective cities.

      (b) To determine whether a person has committed a civil infraction punishable pursuant to sections 24 to 36.7, inclusive, of this act.

 


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      (c) To prevent or abate a nuisance within the limits of their respective cities.

      2.  Except as otherwise provided in subsection 2 of NRS 173.115, the municipal courts have jurisdiction of all misdemeanors committed in violation of the ordinances of their respective cities. Upon approval of the district court, a municipal court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250 or, if the municipal court has not established a program pursuant to NRS 176A.280, to a program established pursuant to that section.

      3.  The municipal courts have jurisdiction of:

      (a) Any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed $2,500.

      (b) Actions to foreclose liens in the name of the city for the nonpayment of those taxes or assessments when the principal sum claimed does not exceed $2,500.

      (c) Actions for the breach of any bond given by any officer or person to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all bonds given on appeals from the municipal court in any of the cases named in this section, when the principal sum claimed does not exceed $2,500.

      (d) Actions for the recovery of personal property belonging to the city, when the value thereof does not exceed $2,500.

      (e) Actions by the city for the collection of any damages, debts or other obligations when the amount claimed, exclusive of costs or attorney’s fees, or both if allowed, does not exceed $2,500.

      (f) Actions seeking an order pursuant to NRS 441A.195.

      4.  Nothing contained in subsection 3 gives the municipal court jurisdiction to determine any such cause when it appears from the pleadings that the validity of any tax, assessment or levy, or title to real property, is necessarily an issue in the cause, in which case the court shall certify the cause to the district court in like manner and with the same effect as provided by law for certification of causes by justice courts.

      Sec. 76. NRS 17.150 is hereby amended to read as follows:

      17.150  1.  Immediately after filing a judgment roll, the clerk shall make the proper entries of the judgment, under appropriate heads, in the docket kept by the clerk, noting thereon the hour and minutes of the day of such entries.

      2.  A transcript of the original docket or an abstract or copy of any judgment or decree of a district court of the State of Nevada or the District Court or other court of the United States in and for the District of Nevada, the enforcement of which has not been stayed on appeal, certified by the clerk of the court where the judgment or decree was rendered, may be recorded in the office of the county recorder in any county, and when so recorded it becomes a lien upon all the real property of the judgment debtor not exempt from execution in that county, owned by the judgment debtor at the time, or which the judgment debtor may afterward acquire, until the lien expires. [The] Except as otherwise provided in section 36 of this act, the lien continues for 6 years after the date the judgment or decree was docketed, and is continued each time the judgment or decree is renewed, unless:

      (a) The enforcement of the judgment or decree is stayed on appeal by the execution of a sufficient undertaking as provided in the Nevada Rules of Appellate Procedure or by the Statutes of the United States, in which case the lien of the judgment or decree and any lien by virtue of an attachment that has been issued and levied in the actions ceases;

 


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Appellate Procedure or by the Statutes of the United States, in which case the lien of the judgment or decree and any lien by virtue of an attachment that has been issued and levied in the actions ceases;

      (b) The judgment is for arrearages in the payment of child support, in which case the lien continues until the judgment is satisfied;

      (c) The judgment is satisfied; or

      (d) The lien is otherwise discharged.

Ê The time during which the execution of the judgment is suspended by appeal, action of the court or defendant must not be counted in computing the time of expiration.

      3.  The abstract described in subsection 2 must contain the:

      (a) Title of the court and the title and number of the action;

      (b) Date of entry of the judgment or decree;

      (c) Names of the judgment debtor and judgment creditor;

      (d) Amount of the judgment or decree; and

      (e) Location where the judgment or decree is entered in the minutes or judgment docket.

      4.  In addition to recording the information described in subsection 2, a judgment creditor who records a judgment or decree for the purpose of creating a lien upon the real property of the judgment debtor pursuant to subsection 2 shall record at that time an affidavit of judgment stating:

      (a) The name and address of the judgment debtor;

      (b) If the judgment debtor is a natural person:

             (1) The last four digits of the judgment debtor’s driver’s license number or identification card number and the state of issuance; or

             (2) The last four digits of the judgment debtor’s social security number;

      (c) If the lien is against real property which the judgment debtor owns at the time the affidavit of judgment is recorded, the assessor’s parcel number and the address of the real property and a statement that the judgment creditor has confirmed that the judgment debtor is the legal owner of that real property; and

      (d) If a manufactured home or mobile home is included within the lien, the location and serial number of the manufactured home or mobile home and a statement that the judgment creditor has confirmed that the judgment debtor is the legal owner of the manufactured home or mobile home.

Ê All information included in an affidavit of judgment recorded pursuant to this subsection must be based on the personal knowledge of the affiant, and not upon information and belief.

      5.  As used in this section:

      (a) “Manufactured home” has the meaning ascribed to it in NRS 489.113.

      (b) “Mobile home” has the meaning ascribed to it in NRS 489.120.

      Sec. 77. NRS 17.214 is hereby amended to read as follows:

      17.214  1.  [A] Except as otherwise provided in section 36 of this act, a judgment creditor or a judgment creditor’s successor in interest may renew a judgment which has not been paid by:

      (a) Filing an affidavit with the clerk of the court where the judgment is entered and docketed, within 90 days before the date the judgment expires by limitation. The affidavit must be titled as an “Affidavit of Renewal of Judgment” and must specify:

             (1) The names of the parties and the name of the judgment creditor’s successor in interest, if any, and the source and succession of his or her title;

 


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             (2) If the judgment is recorded, the name of the county and the document number or the number and the page of the book in which it is recorded;

             (3) The date and the amount of the judgment and the number and page of the docket in which it is entered;

             (4) Whether there is an outstanding writ of execution for enforcement of the judgment;

             (5) The date and amount of any payment on the judgment;

             (6) Whether there are any setoffs or counterclaims in favor of the judgment debtor and the amount or, if a setoff or counterclaim is unsettled or undetermined it will be allowed as payment or credit on the judgment;

             (7) The exact amount due on the judgment;

             (8) If the judgment was docketed by the clerk of the court upon a certified copy from any other court, and an abstract recorded with the county clerk, the name of each county in which the transcript has been docketed and the abstract recorded; and

             (9) Any other fact or circumstance necessary to a complete disclosure of the exact condition of the judgment.

Ê All information in the affidavit must be based on the personal knowledge of the affiant, and not upon information and belief.

      (b) If the judgment is recorded, recording the affidavit of renewal in the office of the county recorder in which the original judgment is filed within 3 days after the affidavit of renewal is filed pursuant to paragraph (a).

      2.  The filing of the affidavit renews the judgment to the extent of the amount shown due in the affidavit.

      3.  The judgment creditor or the judgment creditor’s successor in interest shall notify the judgment debtor of the renewal of the judgment by sending a copy of the affidavit of renewal by certified mail, return receipt requested, to the judgment debtor at his or her last known address within 3 days after filing the affidavit.

      4.  Successive affidavits for renewal may be filed within 90 days before the preceding renewal of the judgment expires by limitation.

      Sec. 77.5. NRS 50.225 is hereby amended to read as follows:

      50.225  1.  For attending the courts of this State in any criminal case, [or] civil suit , hearing to contest the determination that a person has committed a civil infraction or proceeding before a court of record, master, commissioner, justice of the peace, or before the grand jury, in obedience to a subpoena, each witness is entitled:

      (a) To be paid a fee of $25 for each day’s attendance, including Sundays and holidays.

      (b) Except as otherwise provided in this paragraph, to be paid for attending a court of the county in which the witness resides at the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax for each mile necessarily and actually traveled from and returning to the place of residence by the shortest and most practical route. A board of county commissioners may provide that, for each mile so traveled to attend a court of the county in which the witness resides, each witness is entitled to be paid an amount equal to the allowance for travel by private conveyance established by the State Board of Examiners for state officers and employees generally. If the board of county commissioners so provides, each witness at any other hearing or proceeding held in that county who is entitled to receive the payment for mileage specified in this paragraph must be paid mileage in an amount equal to the allowance for travel by private conveyance established by the State Board of Examiners for state officers and employees generally.

 


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for travel by private conveyance established by the State Board of Examiners for state officers and employees generally.

      2.  In addition to the fee and payment for mileage specified in subsection 1, a board of county commissioners may provide that, for each day of attendance in a court of the county in which the witness resides, each witness is entitled to be paid the per diem allowance provided for state officers and employees generally. If the board of county commissioners so provides, each witness at any other hearing or proceeding held in that county who is a resident of that county and who is entitled to receive the fee specified in paragraph (a) of subsection 1 must be paid, in addition to that fee, the per diem allowance provided for state officers and employees generally.

      3.  If a witness is from without the county or, being a resident of another state, voluntarily appears as a witness at the request of the Attorney General or the district attorney and the board of county commissioners of the county in which the court is held, the witness is entitled to reimbursement for the actual and necessary expenses for going to and returning from the place where the court is held. The witness is also entitled to receive the same per diem allowance provided for state officers and employees generally.

      4.  Any person in attendance at a trial or hearing to contest the determination that a person has committed a civil infraction who is sworn as a witness is entitled to the fees, the per diem allowance, if any, travel expenses and any other reimbursement set forth in this section, irrespective of the service of a subpoena.

      5.  Witness fees, per diem allowances, travel expenses and other reimbursement in civil cases , including, without limitation, a hearing to contest the determination that a person has committed a civil infraction, must be taxed as disbursement costs against the defeated party upon proof by affidavit that they have been actually incurred. Costs must not be allowed for more than two witnesses to the same fact or series of facts, and a party plaintiff or defendant must not be allowed any fees, per diem allowance, travel expenses or other reimbursement for attendance as a witness in his or her own behalf. Witness fees, per diem allowances, travel expenses and other reimbursement must not be taxed against a county or incorporated city after a hearing to contest the determination that a person has committed a civil infraction unless the court determines, after a hearing, that the civil infraction citation was issued maliciously and without probable cause.

      6.  A person is not obligated to appear in a civil action, hearing to contest the determination that a person has committed a civil infraction or other proceeding unless the person has been paid an amount equal to 1 day’s fees, the per diem allowance provided by the board of county commissioners pursuant to subsection 2, if any, and the travel expenses reimbursable pursuant to this section.

      Sec. 78. NRS 62A.220 is hereby amended to read as follows:

      62A.220  “Minor traffic offense” means a violation of any state or local law or ordinance governing the operation of a motor vehicle upon any highway within this State other than:

      1.  A violation of chapters 484A to 484E, inclusive, or 706 of NRS that causes the death of a person;

      2.  A violation of NRS 484C.110 or 484C.120; [or]

      3.  A violation declared to be a felony [.] ; or

 


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      4.  A violation of a provision of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is punishable as a civil infraction pursuant to sections 24 to 36.7, inclusive, of this act.

      Sec. 79. (Deleted by amendment.)

      Sec. 79.2. NRS 171.123 is hereby amended to read as follows:

      171.123  1.  Any peace officer may detain any person whom the officer encounters under circumstances which reasonably indicate that the person has committed, is committing or is about to commit a crime [.] or civil infraction.

      2.  Any peace officer may detain any person the officer encounters under circumstances which reasonably indicate that the person has violated or is violating the conditions of the person’s parole or probation.

      3.  The officer may detain the person pursuant to this section only to ascertain the person’s identity and the suspicious circumstances surrounding the person’s presence abroad. Any person so detained shall identify himself or herself, but may not be compelled to answer any other inquiry of any peace officer.

      4.  A person must not be detained longer than is reasonably necessary to effect the purposes of this section, and in no event longer than 60 minutes. The detention must not extend beyond the place or the immediate vicinity of the place where the detention was first effected, unless the person is arrested.

      5.  As used in this section, “civil infraction” has the meaning ascribed to it in NRS 481.015.

      Sec. 79.5. NRS 176.0647 is hereby amended to read as follows:

      176.0647  Any delinquent fine, administrative assessment or fee owed by a defendant pursuant to NRS 176.064 who commits a minor traffic offense as defined in NRS 176.0643 is deemed to be uncollectible if after [8] 10 years it remains impossible or impracticable to collect the delinquent amount.

      Sec. 79.7.  1.  There is hereby appropriated from the State Highway Fund to the Department of Public Safety the sum of $310,000 to make system upgrades and provide training to personnel to carry out 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 Highway Fund on or before September 15, 2023.

      Sec. 80.  1.  The Legislature hereby finds and declares that:

      (a) In Lapinski v. State, 84 Nev. 611, 613 (1968), the Nevada Supreme Court held that “the power to define crimes and penalties lies exclusively in the legislature.”

      (b) The Nevada Supreme Court has further held in Tellis v. State, 84 Nev. 587, 591 (1968), Sparkman v. State, 95 Nev. 76, 82 (1979) and State v. Dist. Ct. (Pullin), 124 Nev. 564, 567-68 (2008), that the penalty for a crime is determined by the law in effect at the time the offender committed the crime and not the law in effect at the time the offender is sentenced unless the Legislature has expressed its clear intent that a statute ameliorating the penalty apply retroactively.

 


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      (c) The imposition of criminal penalties for certain minor traffic and related offenses is overly burdensome because it threatens persons with criminal penalties, including imprisonment in county jail, for failure to pay fines, assessments and fees imposed in connection with relatively minor offenses.

      (d) For those reasons, the Legislature is exercising its exclusive power to define the acts which subject a person to criminal penalties by making certain minor traffic and related offenses no longer subject to criminal penalties and, instead, imposing civil penalties for those offenses.

      2.  Except as otherwise provided in this section, the provisions of this act apply to a violation of any provision of law that pursuant to a provision of this act is punishable as a civil infraction pursuant to sections 24 to 36.7, inclusive, of this act if the violation occurs on or after January 1, 2023. However, the provisions of section 36.3 of this act, which authorize a prosecuting attorney to elect to treat certain traffic and related offenses that are punishable as a misdemeanor instead as a civil infraction, apply to any such violation that occurs before, on or after January 1, 2023.

      3.  If a person commits a violation of a provision of law before January 1, 2023, and the violation is punishable as a civil infraction pursuant to sections 24 to 36.7, inclusive, of this act if the violation occurs on or after January 1, 2023, the person cannot be arrested for the violation on or after January 1, 2023.

      4.  Each court in this State shall cancel each outstanding bench warrant issued for a person who failed to appear in court in response to a traffic citation issued before January 1, 2023, for a violation of law that pursuant to the provisions of this act is punishable as a civil infraction pursuant to sections 24 to 36.7, inclusive, of this act.

      5.  The Central Repository for Nevada Records of Criminal History shall remove from each database or compilation of records of criminal history maintained by the Central Repository all records of bench warrants issued for a person who failed to appear in court in response to a traffic citation issued before January 1, 2023, for a violation of law that pursuant to the provisions of this act is punishable as a civil infraction pursuant to sections 24 to 36.7, inclusive, of this act.

      Sec. 80.5.  Before January 1, 2023, the justice courts and municipal courts in this State shall adopt rules governing the practice and procedure for any action initiated pursuant to sections 24 to 36.7, inclusive, of this act.

      Sec. 81.  1.  This section becomes effective upon passage and approval.

      2.  Section 79.7 of this act becomes effective on July 1, 2021.

      3.  Sections 1 to 79.5, inclusive, and sections 80 and 80.5 of this act become effective:

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

      (b) On January 1, 2023, for all other purposes.

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