[Rev. 9/10/2021 11:34:53 AM]

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ê2021 Statutes of Nevada, Page 3515ê

 

CHAPTER 524, SB 215

Senate Bill No. 215–Senator Denis

 

CHAPTER 524

 

[Approved: June 8, 2021]

 

AN ACT relating to education; revising provisions relating to a program of instruction based on an alternative schedule; revising certain provisions relating to programs of distance education; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires that boards of trustees of school districts provide a minimum of 180 days of free school. Existing law authorizes the Superintendent of Public Instruction to authorize a school district to provide a program of instruction on an alternative schedule if the number of minutes of instruction to be provided is equal to or greater than the number of minutes of instruction provided in a program consisting of 180 days. (NRS 388.090) Section 1 of this bill removes certain limitations imposed by existing law on a program of instruction based on an alternative schedule. Existing law similarly requires the minutes of instruction provided by a full-time program of distance education to be equal to or greater than the number of minutes of instruction provided in a program consisting of 180 days. (NRS 388.842) Section 3 of this bill authorizes a pupil who demonstrates sufficient proficiency to meet the objectives of a course of distance education to complete the course in a shorter period of time than is normally allotted.

      Existing law authorizes the board of trustees of a school district or the governing body of a charter school to provide a program of distance education. (NRS 388.820-388.874) Under existing law, the Department of Education is required to publish a list of courses of distance education. (NRS 388.834) Existing law authorizes the board of trustees of a school district or the governing body of a charter school to apply to the Department to provide a program of distance education. (NRS 388.838) Section 2 of this bill requires the board of trustees of a school district and the governing body of a university school for profoundly gifted pupils to: (1) develop a plan for conducting a program of distance education; (2) present the plan to the public or the sponsor of the university school for profoundly gifted pupils, as applicable; (3) provide a copy of the plan to the school community, parents and employees of the school district or university school for profoundly gifted pupils; and (4) develop and implement a plan to make necessary technology available to such pupils and school employees. Section 2 of this bill imposes similar requirements on the governing body of a charter school and additionally requires a governing body to submit such a plan in a request to amend the charter contract of the charter school. Section 4.5 of this bill makes a conforming change related to a program of distance education provided by a university school for profoundly gifted pupils. Existing law also requires the board of trustees of a school district or the governing body of a charter school to ensure that in a course offered through a program of distance education, a teacher enters into a written agreement with the pupil and the parent or legal guardian of the pupil regarding the course. (NRS 388.866) Section 4 of this bill instead requires the teacher to provide information regarding the course to the pupil and the parent or legal guardian of the pupil.

      Section 1.5 of this bill amends the definition in existing law of “distance education” to include both synchronous and asynchronous instruction. (NRS 388.826) Existing law establishes the eligibility of a pupil to enroll in a program of distance education. (NRS 388.850) Section 3.5 of this bill revises the circumstances in which a pupil is eligible to enroll in such a program.

 


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ê2021 Statutes of Nevada, Page 3516 (CHAPTER 524, SB 215)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 388.090 is hereby amended to read as follows:

      388.090  1.  Except as otherwise provided in this section and NRS 388D.330, boards of trustees of school districts shall schedule and provide a minimum of 180 days of free school in the districts under their charge.

      2.  Except for an alternative schedule described in subsection 3, the Superintendent of Public Instruction may, upon application by the board of trustees of a school district, authorize the school district to provide a program of instruction based on an alternative schedule if the number of minutes of instruction to be provided is equal to or greater than the number of minutes of instruction that would be provided in a program of instruction consisting of 180 school days. The Superintendent of Public Instruction shall notify the board of trustees of the school district of the approval or denial of the application not later than 30 days after the Superintendent of Public Instruction receives the application. An alternative schedule proposed pursuant to this subsection must be developed in accordance with chapter 288 of NRS. [If a school district is located in a county whose population is 100,000 or more, the board of trustees of the school district may not submit an application pursuant to this subsection unless the proposed alternative schedule of the school district:

      (a) Will apply only to a rural portion or a remote portion of the county in which the school district is located, as defined by the State Board pursuant to subsection 6; or

      (b) Is designed solely for the purpose of providing regular professional development to educational personnel and such professional development is focused on analyzing and discussing measures of the performance of pupils and identifying appropriate instructional strategies to improve the achievement of pupils.]

      3.  The Superintendent of Public Instruction may, upon application by the board of trustees of a school district, authorize a reduction of not more than 15 school days in that particular district to establish or maintain an alternative schedule consisting of a 12-month school program if the board of trustees demonstrates that the proposed alternative schedule for the program provides for a number of minutes of instruction that is equal to or greater than that which would be provided under a program consisting of 180 school days. [Before authorizing a reduction in the number of required school days pursuant to this subsection, the Superintendent of Public Instruction must find that the proposed alternative schedule will be used to alleviate problems associated with a growth in enrollment or overcrowding.]

      4.  The Superintendent of Public Instruction may, upon application by a board of trustees, authorize the addition of minutes of instruction to any scheduled day of free school if days of free school are lost because of any interscholastic activity. Not more than 5 days of free school so lost may be rescheduled in this manner. The provisions of this subsection do not apply to an alternative schedule approved pursuant to subsection 2.

      5.  The number of minutes of instruction required for a particular group of pupils in a program of instruction based on an alternative schedule approved pursuant to this section and NRS 388.095 and 388.097 must be determined by multiplying the appropriate minimum daily period of instruction established by the State Board by regulation for that particular group of pupils by 180.

 


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determined by multiplying the appropriate minimum daily period of instruction established by the State Board by regulation for that particular group of pupils by 180.

      [6.  The State Board shall adopt regulations defining a rural portion of a county and a remote portion of a county for the purposes of subsection 2.]

      Sec. 1.5. NRS 388.826 is hereby amended to read as follows:

      388.826  “Distance education” means synchronous or asynchronous instruction which is delivered by means of video, computer, television, or the Internet or other electronic means of communication, or any combination thereof, in such a manner that the person supervising or providing the instruction and the pupil receiving the instruction are separated geographically for a majority of the time during which the instruction is delivered.

      Sec. 2. NRS 388.838 is hereby amended to read as follows:

      388.838  1.  The board of trustees of a school district or the governing body of a charter school or a university school for profoundly gifted pupils may submit an application to the Department to provide a program of distance education. In addition, a committee to form a charter school may submit an application to the Department to provide a program of distance education if the application to form the charter school submitted by the committee pursuant to NRS 388A.246 indicates that the charter school intends to provide a program of distance education.

      2.  An applicant to provide a program of distance education may seek approval to provide a program that is comprised of one or more courses of distance education included on the list of courses approved by the Department pursuant to NRS 388.834 or a program that is comprised of one or more courses [of distance education which have not been reviewed by the Department before submission of the application.] contained in the model curriculum of the school district or charter school.

      3.  An application to provide a program of distance education must include:

      (a) All the information prescribed by the State Board by regulation.

      (b) Except as otherwise provided in this paragraph, proof satisfactory to the Department that the program satisfies all applicable statutes and regulations. The proof required by this paragraph shall be deemed satisfied if the program is comprised only of courses of distance education approved by the Department pursuant to NRS 388.834 before submission of the application.

      (c) A description of how the program will ensure access to technology for pupils and teachers or other school employees and communicate with pupils, their families and staff regarding the program of distance education.

      4.  Except as otherwise provided in this subsection, the Department shall approve an application submitted pursuant to this section if the application satisfies the requirements of NRS 388.820 to 388.874, inclusive, and all other applicable statutes and regulations. The Department shall deny an application to provide a program of distance education submitted by a committee to form a charter school if the Department denies the application to form a charter school submitted by that committee. The Department shall provide written notice to the applicant of the Department’s approval or denial of the application.

 


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      5.  If the Department denies an application, the Department shall include in the written notice the reasons for the denial and the deficiencies of the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application. The Department shall approve an application that has been resubmitted pursuant to this subsection if the application satisfies the requirements of NRS 388.820 to 388.874, inclusive, and all other applicable statutes and regulations.

      6.  The board of trustees of each school district and the governing body of each university school for profoundly gifted pupils that provides a program of distance education shall:

      (a) Develop a plan for conducting a program of distance education.

      (b) Present the plan for conducting a program of distance education to the public at a public meeting or, if the plan was developed by the governing body of a university school for profoundly gifted pupils, the sponsor of the university school at least 45 days before the first day of each school year.

      (c) Provide a copy of the plan for conducting a program of distance education to the school community, parents and employees of the school district or university school for profoundly gifted pupils.

      (d) On or before December 31 of each year, develop a plan to make technology available to all pupils and teachers or other school employees involved in a program of distance education. The plan must include, without limitation, an estimate of the cost to make technology available to the pupils and teachers or other school employees. The board of trustees of each school district and governing body of each university school for profoundly gifted pupils shall post the plan created pursuant to this paragraph on its Internet website.

      (e) On or before August 1 of each year, implement the plan developed pursuant to paragraph (d).

      7.  The governing body of each charter school:

      (a) Shall develop a plan for conducting a program of distance education for at least 10 school days in the event of an emergency that necessitates the closing of all public schools in this State.

      (b) Present its plan for conducting a program of distance education to the sponsor of the charter school at least 45 days before the first day of each school year.

      (c) May develop a plan for conducting a program of distance education outside of an emergency that necessitates the closing of all public schools in this State.

      (d) If a plan for conducting a program of distance education is developed pursuant to paragraph (c), shall submit the plan as part of a written request for an amendment of the charter contract pursuant to NRS 388A.276.

      (e) Shall provide a copy of the plan for conducting a program of distance education to the school community, parents and employees of the charter school.

      (f) Shall, on or before December 31 of each year, develop a plan to make technology available to all pupils and teachers involved in a program of distance education. The plan must include, without limitation, an estimate of the cost to make technology available to the pupils and teachers or other school employees.

 


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estimate of the cost to make technology available to the pupils and teachers or other school employees. The governing body of each charter school shall post the plan created pursuant to this paragraph on its Internet website.

      Sec. 3. NRS 388.842 is hereby amended to read as follows:

      388.842  1.  A program of distance education may include, without limitation, an opportunity for pupils to participate in the program:

      (a) For a shorter school day or a longer school day than that regularly provided for in the school district or charter school, as applicable; and

      (b) During any part of the calendar year.

      2.  If a program of distance education is provided for pupils on a full-time basis, the program must include at least as many hours or minutes of instruction as would be provided under a program consisting of 180 days.

      3.  A pupil enrolled in a program of distance education on a full-time basis who demonstrates sufficient proficiency to meet the objectives of a course of distance education may complete the course of distance education in a shorter period of time than is normally allotted for the course of distance education.

      Sec. 3.5. NRS 388.850 is hereby amended to read as follows:

      388.850  1.  A pupil may enroll in a program of distance education [unless:] if:

      (a) Pursuant to this section or other specific statute, the pupil is [not] eligible for enrollment or the pupil’s enrollment is not otherwise prohibited;

      (b) The program of distance education in which the pupil wishes to enroll is offered by the school district in which the pupil resides or a charter school or, if the program of distance education in which the pupil wishes to enroll is a full-time program of distance education offered by a school district other than the school district in which the pupil resides, the program is not the same or substantially similar to a program of distance education offered by the school district in which the pupil resides;

      (c) The pupil [fails to satisfy] satisfies the qualifications and conditions for enrollment adopted by the State Board pursuant to NRS 388.874; [or] and

      [(c)](d) The pupil [fails to satisfy] satisfies the requirements of the program of distance education.

      2.  A child who is exempt from compulsory attendance and is enrolled in a private school pursuant to chapter 394 of NRS or is being homeschooled is not eligible to enroll in or otherwise attend a program of distance education, regardless of whether the child is otherwise eligible for enrollment pursuant to subsection 1.

      3.  If a pupil who is prohibited from attending public school pursuant to NRS 392.264 enrolls in a program of distance education, the enrollment and attendance of that pupil must comply with all requirements of NRS 62F.100 to 62F.150, inclusive, and 392.251 to 392.271, inclusive.

      4.  A pupil who is enrolled in grade 12 in a program of distance education and who moves out of this State is eligible to maintain enrollment in the program of distance education until the pupil graduates from high school.

      Sec. 4. NRS 388.866 is hereby amended to read as follows:

      388.866  1.  The board of trustees of a school district or the governing body of a charter school that provides a program of distance education shall ensure that:

 


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      (a) For each course offered through the program, a teacher:

             (1) Provides the work assignments to each pupil enrolled in the course that are necessary for the pupil to complete the course;

             (2) Meets or otherwise communicates with the pupil at least once each week during the course to discuss the pupil’s progress; and

             (3) [Enters into a written agreement with] Provides the pupil and the pupil’s parent or legal guardian [outlining] with the objectives of the course, the timeline for completion of the course and the method by which the progress of the pupil will be assessed; or

      (b) The program satisfies the requirements of a plan to operate an alternative program of education submitted by the school district and approved pursuant to NRS 388.537.

      2.  If a course offered through a program of distance education is a core academic subject, as defined in NRS 389.018, the teacher who fulfills the requirements of subsection 1 must be a:

      (a) Licensed teacher; or

      (b) Teacher, instructor or professor who provides instruction at a community college or university. Such a teacher, instructor or professor may only be assigned to a course of distance education in the subject area for which he or she provides instruction at a community college or university.

      Sec. 4.5. NRS 388C.130 is hereby amended to read as follows:

      388C.130  1.  The governing body of a university school for profoundly gifted pupils may provide a program of distance education for any pupil or prospective pupil who is otherwise eligible to attend the school. If the governing body of a university school provides a program of distance education, the governing body must comply with the provisions of subsection 6 of NRS 388.838.

      2.  As used in this section, “program of distance education” means a program comprised of one or more courses of study for which instruction is delivered by means of video, computer, television or the Internet or other electronic means of communication, or any combination thereof, in such a manner that the person supervising or providing the instruction and the pupil receiving the instruction are separated geographically for a majority of the time during which the instruction is delivered.

      Sec. 5.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 to 4.5, inclusive, of this act become effective:

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

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

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ê2021 Statutes of Nevada, Page 3521ê

 

CHAPTER 525, SB 267

Senate Bill No. 267–Senator Spearman

 

CHAPTER 525

 

[Approved: June 8, 2021]

 

AN ACT relating to workplace diversity; authorizing the University of Nevada, Las Vegas, to conduct a study concerning diversity and equality in the workplace and to conduct a survey to collect data and information concerning diversity and equality in the workplace from certain business entities and state and local governmental agencies in this State; revising the prospective expiration of an existing survey of businesses conducted by the Secretary of State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Secretary of State to design and conduct an annual survey of businesses in this State to collect data and information pertaining to issues of gender equality in the workplace; however, the provisions relating to the survey are currently only effective through December 31, 2022. (NRS 75A.400-75A.430; section 7 of chapter 434, Statutes of Nevada 2017, at page 2896) This bill: (1) authorizes the University of Nevada, Las Vegas, to conduct a study concerning diversity and equality in the workplace and to conduct a survey to collect data and information from certain business entities and state and local governmental agencies in this State; and (2) revises the prospective expiration of the existing provisions of law relating to the annual survey of businesses conducted by the Secretary of State by making those provisions expire by limitation on December 31, 2021, instead of on December 31, 2022.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  As used in this act:

      1.  “Business entity” means a corporation, partnership, limited-liability company, business association, joint venture, limited-liability partnership, business trust, professional association, joint stock company or holding company that is required to pay an annual commerce tax pursuant to chapter 363C of NRS.

      2.  “Entity” means a business entity, local governmental agency or state governmental agency.

      3.  “Local governmental agency” has the meaning ascribed to it in NRS 242.061.

      4.  “State governmental agency” has the meaning ascribed to the term “state agency” in NRS 237.350 and includes, without limitation, the Nevada System of Higher Education and all institutions operated by the System.

      5.  “UNLV” means the University of Nevada, Las Vegas.

      Sec. 2.  1.  UNLV may elect to conduct a study concerning diversity and equality in the workplace. If UNLV elects to conduct the study:

      (a) UNLV must conduct a survey for the purpose of collecting data and information concerning diversity and equality in the workplace, including, without limitation, data and information specifically relating to women and women of color, from business entities that do business in this State, state governmental agencies and local governmental agencies; and

 


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without limitation, data and information specifically relating to women and women of color, from business entities that do business in this State, state governmental agencies and local governmental agencies; and

      (b) A business entity, state governmental agency or local governmental agency may elect to complete the survey and submit it to UNLV.

      2.  If UNLV elects to conduct the study, the survey conducted by UNLV must request the entity completing the survey to provide, without limitation, the following information, as applicable to the entity:

      (a) The name of the entity.

      (b) The number of employees of the entity who are:

             (1) Located in this State.

             (2) Women located in this State.

             (3) Women of color located in this State.

      (c) The number of people in the entity who are:

             (1) If the entity is a corporation:

                   (I) On the board of directors.

                   (II) Women who are on the board of directors.

                   (III) Women of color who are on the board of directors.

                   (IV) Employed in an executive position.

                   (V) Women who are employed in an executive position.

                   (VI) Women of color who are employed in an executive position.

             (2) Women.

             (3) Women of color.

      (d) The number of:

             (1) People who are employed in a management position.

             (2) Women who are employed in a management position.

             (3) Women of color who are employed in a management position.

      (e) Whether the entity has employee development initiatives in place for administrative or skilled staff who are interested in advancing their career paths, including, without limitation, tuition reimbursement, professional development, payment for conferences, business interest groups or a public commitment to gender inclusion.

      (f) Whether the entity has undertaken a pay equity analysis and, if so, whether the results indicated that there were any discernable differences in pay.

      (g) With regard to the 20 highest-paid people in the entity as determined by salary, bonuses and any other incentives, such as stock options, the number of those people who are:

             (1) Women.

             (2) Women of color.

      (h) With regard to the hiring practices of the entity, whether the entity:

             (1) Participates in diversity job fairs.

             (2) Has a diverse hiring committee.

             (3) Assesses the skill sets of candidates without regard to gender.

             (4) Uses gender-neutral job descriptions.

      (i) With regard to the issue of anti-harassment, including, without limitation, sexual harassment, whether the entity:

             (1) Has an anti-harassment policy in place.

             (2) Offers formal anti-harassment training.

 


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      (j) With regard to cultural training, whether the entity provides training relating to diversity and inclusion and, if so, whether such training includes specific training regarding:

             (1) Implicit bias.

             (2) Unconscious bias.

             (3) Microaggressions.

             (4) Fostering an inclusive environment.

             (5) Improving engagement.

      (k) With regard to workplace policies and benefits:

             (1) Whether the entity offers:

                   (I) Employer-paid family leave and, if so, the number of weeks offered.

                   (II) Variable work schedules for caregivers.

                   (III) Options to work from home.

                   (IV) On-site child care, off-site child care or employer-paid child care subsidies.

             (2) Whether there are any policies or benefits the entity is currently pursuing but has not yet implemented and, if so, a list of such policies or benefits.

      (l) With regard to health care, whether the entity’s policies cover:

             (1) Birth control.

             (2) Maternity.

             (3) In vitro fertilization.

      (m) The number and types of positions within the entity that are currently vacant.

      (n) The rate of attrition within the entity.

Ê A completed survey must be signed by a person who is authorized to complete the survey on behalf of the entity.

      3.  As used in this section:

      (a) “Executive position” means a position in which a person is employed as a vice president, senior vice president or executive vice president or in a role that is superior to such positions.

      (b) “Management position” means a position in which a person is employed as a manager or in a role that is superior to a manager.

      (c) “Pay equity analysis” means a formal study regarding equity in salaries.

      (d) “Woman” means a person who self-identifies as a woman, without regard to the person’s designated sex at birth.

      (e) “Woman of color” means a woman who self-identifies as Black, African-American, Hispanic, Latino, Asian, Pacific Islander, Native American, Native Hawaiian or Alaska Native.

      Sec. 3.  If UNLV elects to conduct the study pursuant to section 2 of this act:

      1.  To assist UNLV in facilitating outreach to business entities that do business in this State and encouraging participation in the survey, the Department of Taxation shall provide to UNLV information about the identity of business entities in this State and the contact information for such business entities. The Department shall not, pursuant to this subsection, provide to UNLV or to any other person any information relating to a business entity other than the name of the business entity and its contact information.

 


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business entity other than the name of the business entity and its contact information. Any information provided by the Department pursuant to this subsection is not a public record for the purposes of chapter 239 of NRS. UNLV shall keep confidential any information provided by the Department pursuant to this subsection and shall not release any information provided by the Department pursuant to this subsection to any other person.

      2.  The provisions of NRS 360.255 do not apply to any records or files of the Department or other information or data that is obtained, maintained or disclosed by the Department pursuant to this section.

      Sec. 4.  If UNLV elects to conduct the study pursuant to section 2 of this act:

      1.  UNLV must:

      (a) Submit annual reports relating to the results of the survey to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Legislative Commission; and

      (b) Make such periodic reports available on its Internet website.

      2.  UNLV shall not include any personally identifiable information in a report submitted to the Governor and the Director of the Legislative Counsel Bureau pursuant to this section.

      Sec. 5. Section 7 of chapter 434, Statutes of Nevada 2017, at page 2896, is hereby amended to read as follows:

       Sec. 7.  This act becomes effective on July 1, 2017, and expires by limitation on December 31, [2022.] 2021.

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

      2.  Sections 1 to 4, inclusive, of this act become effective:

      (a) Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and

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

      3.  Sections 1 to 4, inclusive, of this act expire by limitation on January 1, 2026.

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ê2021 Statutes of Nevada, Page 3525ê

 

CHAPTER 526, SB 269

Senate Bill No. 269–Senators Kieckhefer; and Seevers Gansert

 

CHAPTER 526

 

[Approved: June 8, 2021]

 

AN ACT relating to insurance; imposing requirements governing the recovery of overpayments under a plan that provides dental coverage; prohibiting a dental insurer or the administrator of a plan that provides dental coverage from denying a claim for which prior authorization has been granted except in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law imposes certain requirements relating to the operation of health benefit plans and stand-alone dental plans. (NRS 687B.470-687B.850, chapter 695D of NRS) Sections 2, 3 and 9 of this bill define certain relevant terms. Sections 4 and 10 of this bill require a dental insurer or an administrator who recovers overpayments under an insurance plan that includes dental coverage to: (1) provide written notice to a dentist of any attempt to recover an overpayment; and (2) establish written procedures by which a dentist may challenge such an attempt. Sections 4 and 10 also prohibit such an insurer or administrator from attempting to recover an overpayment more than 12 months after the date of the overpayment except in certain circumstances. Sections 5 and 11 of this bill prohibit a dental insurer or an administrator of an insurance plan that includes dental coverage from denying a claim for which preauthorization was granted except in certain circumstances. Sections 6, 7 and 12 of this bill make conforming changes to indicate the placement of certain provisions added by this bill in the Nevada Revised Statutes. Sections 13-15 of this bill make the requirements of sections 4 and 5 applicable to dental benefits provided by employers, including the State and local governments.

 

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 687B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2. “Administrator” has the meaning ascribed to it in NRS 683A.025.

      Sec. 3. “Dental care” has the meaning ascribed to it in NRS 695D.030.

      Sec. 4. 1.  A health carrier who provides dental coverage or any administrator who recovers overpayments under a health benefit plan that includes dental coverage shall provide written notice to a dentist of any attempt to recover an overpayment, other than a duplicate payment. The notice must include, without limitation:

      (a) A description of the error that justifies the recovery; and

      (b) The date on which the dental care for which the overpayment was made was provided and the name of the patient to whom the dental care was provided.

      2.  A health carrier who provides dental coverage or an administrator who recovers overpayments under a health benefit plan that includes dental coverage shall establish written procedures by which a dentist may challenge an attempt to recover an overpayment.

 


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challenge an attempt to recover an overpayment. Those procedures must include, without limitation, procedures for sharing information concerning a disputed claim with the dentist.

      3.  Except as otherwise provided in this subsection, a health carrier who provides dental coverage or an administrator who recovers overpayments under a health benefit plan that includes dental coverage shall not attempt to recover an overpayment more than 12 months after the date of the overpayment. This subsection does not apply to an attempt to recover an overpayment that is:

      (a) Based on a reasonable belief that the overpayment involved fraud, abuse or other intentional misconduct;

      (b) Initiated by or at the request of a self-insured employer; or

      (c) Based on dental care that is covered by the Public Employees’ Benefits Program or a system of health insurance for the benefit of local officers and employees, and the dependents of local officers and employees, pursuant to chapter 287 of NRS.

      4.  Any provision of a contract that conflicts with this section is against public policy, void and unenforceable.

      Sec. 5. 1.  A health carrier who provides dental coverage or an administrator of a health benefit plan that includes dental coverage shall not refuse to pay a claim for dental care for which the health carrier or administrator, as applicable, has granted prior authorization unless:

      (a) A limitation on coverage provided under the applicable health benefit plan, including, without limitation, a limitation on total costs or frequency of services:

             (1) Did not apply at the time the prior authorization was granted; and

             (2) Applied at the time of the provision of the dental care for which the prior authorization was granted because additional covered dental care was provided to the insured after the prior authorization was granted and before the provision of the dental care for which prior authorization was granted;

      (b) The documentation provided by the person submitting the claim clearly fails to support the claim for which prior authorization was originally granted;

      (c) After the prior authorization was granted, additional dental care was provided to the insured or the condition of the insured otherwise changed such that:

             (1) The dental care for which prior authorization was granted is no longer medically necessary; or

             (2) The health carrier or administrator, as applicable, would be required to deny prior authorization under the terms and conditions of the applicable health benefit plan that were in effect at the time of the provision of the dental care for which prior authorization was granted;

      (d) Another person or entity is responsible for the payment;

      (e) The dentist has previously been paid for the procedures covered by the claim;

      (f) The claim was fraudulent or the prior authorization was based, in whole or in part, on materially false information provided by the dentist or insured or another person who is not affiliated with the health carrier or administrator, as applicable; or

 


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ê2021 Statutes of Nevada, Page 3527 (CHAPTER 526, SB 269)ê

 

      (g) The insured was not eligible to receive the dental care for which the claim was made on the date that the dental care was provided.

      2.  Any provision of a contract that conflicts with this section is against public policy, void and unenforceable.

      3.  As used in this section:

      (a) “Medically necessary” means dental care that a prudent dentist would provide to a patient to prevent, diagnose or treat an illness, injury or disease, or any symptoms thereof, that is necessary and:

             (1) Provided in accordance with generally accepted standards of dental practice;

             (2) Clinically appropriate with regard to type, frequency, extent, location and duration;

             (3) Not primarily provided for the convenience of the patient or dentist;

             (4) Required to improve a specific dental condition of a patient or to preserve the existing state of oral health of the patient; and

             (5) The most clinically appropriate level of dental care that may be safely provided to the patient.

      (b) “Prior authorization” means any communication issued by a health carrier who provides dental coverage or an administrator of a health benefit plan that includes dental coverage in response to a request by a dentist in the form prescribed by the health carrier or administrator, as applicable, which indicates that specific dental care provided to an insured is:

             (1) Covered under the health benefit plan issued to the insured; and

             (2) Reimbursable in a specific amount, subject to applicable deductibles, copayments and coinsurance.

      Sec. 6. NRS 687B.600 is hereby amended to read as follows:

      687B.600  As used in NRS 687B.600 to 687B.850, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 687B.605 to 687B.665, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 7. NRS 687B.670 is hereby amended to read as follows:

      687B.670  If a health carrier offers or issues a network plan, the health carrier shall, with regard to that network plan:

      1.  Comply with all applicable requirements set forth in NRS 687B.600 to 687B.850, inclusive [;] , and sections 2 to 5, inclusive, of this act;

      2.  As applicable, ensure that each contract entered into for the purposes of the network plan between a participating provider of health care and the health carrier complies with the requirements set forth in NRS 687B.600 to 687B.850, inclusive [;] , and sections 2 to 5, inclusive, of this act; and

      3.  As applicable, ensure that the network plan complies with the requirements set forth in NRS 687B.600 to 687B.850, inclusive [.] , and sections 2 to 5, inclusive, of this act.

      Sec. 8. Chapter 695D of NRS is hereby amended by adding thereto the provisions set forth as sections 9, 10 and 11 of this act.

      Sec. 9. “Administrator” has the meaning ascribed to it in NRS 683A.025.

 


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      Sec. 10. 1.  An organization for dental care or an administrator who recovers overpayments under a plan for dental care shall provide written notice to a dentist of any attempt to recover an overpayment, other than a duplicate payment. The notice must include, without limitation:

      (a) A description of the error that justifies the recovery; and

      (b) The date on which the dental care for which the overpayment was made was provided and the name of the insured to whom the dental care was provided.

      2.  An organization for dental care or an administrator who recovers overpayments under a plan for dental care shall establish written procedures by which a dentist may challenge an attempt to recover an overpayment. Those procedures must include, without limitation, procedures for sharing information concerning a disputed claim with the dentist.

      3.  Except as otherwise provided in this subsection, an organization for dental care or an administrator who recovers overpayments under a plan for dental care shall not attempt to recover an overpayment more than 12 months after the date of the overpayment. This subsection does not apply to an attempt to recover an overpayment that is:

      (a) Based on a reasonable belief that the overpayment involved fraud, abuse or other intentional misconduct; or

      (b) Initiated by or at the request of a self-insured employer.

      4.  Any provision of a contract that conflicts with this section is against public policy, void and unenforceable.

      Sec. 11. 1.  An organization for dental care or an administrator of a dental plan shall not refuse to pay a claim for dental care for which the organization for dental care or administrator, as applicable, has granted prior authorization unless:

      (a) A limitation on coverage provided under the applicable plan for dental care, including, without limitation, a limitation on total costs or frequency of services:

             (1) Did not apply at the time the prior authorization was granted; and

             (2) Applied at the time of the provision of the dental care for which the prior authorization was granted because additional covered dental care was provided to the insured after the prior authorization was granted and before the provision of the dental care for which prior authorization was granted;

      (b) The documentation provided by the person submitting the claim clearly fails to support the claim for which prior authorization was originally granted;

      (c) After the prior authorization was granted, additional dental care was provided to the insured or the condition of the insured otherwise changed such that:

             (1) The dental care for which prior authorization was granted is no longer medically necessary; or

             (2) The organization for dental care or administrator, as applicable, would be required to deny prior authorization under the terms and conditions of the applicable plan for dental care that were in effect at the time of the provision of the dental care for which prior authorization was granted;

      (d) Another person or entity is responsible for the payment;

 


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ê2021 Statutes of Nevada, Page 3529 (CHAPTER 526, SB 269)ê

 

      (e) The dentist has previously been paid for the procedures covered by the claim;

      (f) The claim was fraudulent or the prior authorization was based, in whole or in part, on materially false information provided by the dentist or insured or another person who is not affiliated with the organization for dental care or administrator, as applicable; or

      (g) The insured was not eligible to receive the dental care for which the claim was made on the date that the dental care was provided.

      2.  Any provision of a contract that conflicts with this section is against public policy, void and unenforceable.

      3.  As used in this section:

      (a) “Medically necessary” means dental care that a prudent dentist would provide to a patient to prevent, diagnose or treat an illness, injury or disease, or any symptoms thereof, that is necessary and:

             (1) Provided in accordance with generally accepted standards of dental practice;

             (2) Clinically appropriate with regard to type, frequency, extent, location and duration;

             (3) Not primarily provided for the convenience of the patient or dentist;

             (4) Required to improve a specific dental condition of a patient or to preserve the existing state of oral health of the patient; and

             (5) The most clinically appropriate level of dental care that may be safely provided to the patient.

      (b) “Prior authorization” means any communication issued by an organization for dental care or the administrator of a dental plan in response to a request by a dentist in the form prescribed by the organization for dental care or administrator, as applicable, which indicates that specific dental care provided to a patient is:

             (1) Covered under the plan for dental care issued to the insured; and

             (2) Reimbursable in a specific amount, subject to applicable deductibles, copayments and coinsurance.

      Sec. 12. NRS 695D.010 is hereby amended to read as follows:

      695D.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 695D.020 to 695D.080, inclusive, and section 9 of this act have the meanings ascribed to them in those sections.

      Sec. 13. NRS 287.010 is hereby amended to read as follows:

      287.010  1.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada may:

      (a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.

      (b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.

 


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ê2021 Statutes of Nevada, Page 3530 (CHAPTER 526, SB 269)ê

 

from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.

      (c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this State. Any contract with an independent administrator must be approved by the Commissioner of Insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 687B.408, 689B.030 to 689B.050, inclusive, 689B.287 and 689B.500 and sections 4 and 5 of this act apply to coverage provided pursuant to this paragraph, except that the provisions of NRS 689B.0378, 689B.03785 and 689B.500 only apply to coverage for active officers and employees of the governing body, or the dependents of such officers and employees.

      (d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada.

      2.  If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.

      3.  In any county in which a legal services organization exists, the governing body of the county, or of any school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada in the county, may enter into a contract with the legal services organization pursuant to which the officers and employees of the legal services organization, and the dependents of those officers and employees, are eligible for any life, accident or health insurance provided pursuant to this section to the officers and employees, and the dependents of the officers and employees, of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency.

      4.  If a contract is entered into pursuant to subsection 3, the officers and employees of the legal services organization:

      (a) Shall be deemed, solely for the purposes of this section, to be officers and employees of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency with which the legal services organization has contracted; and

 


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ê2021 Statutes of Nevada, Page 3531 (CHAPTER 526, SB 269)ê

 

      (b) Must be required by the contract to pay the premiums or contributions for all insurance which they elect to accept or of which they authorize the purchase.

      5.  A contract that is entered into pursuant to subsection 3:

      (a) Must be submitted to the Commissioner of Insurance for approval not less than 30 days before the date on which the contract is to become effective.

      (b) Does not become effective unless approved by the Commissioner.

      (c) Shall be deemed to be approved if not disapproved by the Commissioner within 30 days after its submission.

      6.  As used in this section, “legal services organization” means an organization that operates a program for legal aid and receives money pursuant to NRS 19.031.

      Sec. 14. NRS 287.04335 is hereby amended to read as follows:

      287.04335  If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 687B.409, 689B.255, 695G.150, 695G.155, 695G.160, 695G.162, 695G.164, 695G.1645, 695G.1665, 695G.167, 695G.170 to 695G.174, inclusive, 695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to 695G.310, inclusive, and 695G.405, and sections 4 and 5 of this act, in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.

      Sec. 15. NRS 608.1555 is hereby amended to read as follows:

      608.1555  Any employer who provides benefits for health care to his or her employees shall provide the same benefits and pay providers of health care in the same manner as a policy of insurance pursuant to chapters 689A and 689B of NRS, including, without limitation, as required by NRS 687B.409 [.] and sections 4 and 5 of this act.

      Sec. 16.  1.  The amendatory provisions of sections 4, 5, 7, 10, 11, 13, 14 and 15 of this act apply to any dental care provided pursuant to a contract entered into between a health carrier or an organization for dental care and a dentist entered into on or after July 1, 2021.

      2.  As used in this section:

      (a) “Dental care” has the meaning ascribed to it in NRS 695D.030.

      (b) “Health carrier” has the meaning ascribed to it in NRS 687B.625.

      (c) “Organization for dental care” has the meaning ascribed to it in NRS 695D.060.

      Sec. 17.  This act becomes effective on July 1, 2021.

________

 


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ê2021 Statutes of Nevada, Page 3532ê

 

CHAPTER 527, SB 276

Senate Bill No. 276–Senator Denis

 

CHAPTER 527

 

[Approved: June 8, 2021]

 

AN ACT relating to real estate; imposing a technology fee for the issuance or renewal of certain licenses, certificates, permits and registrations issued by the Real Estate Division of the Department of Business and Industry; prescribing requirements governing the use of money collected from the fee; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires persons who wish to engage in certain professions relating to real estate to obtain a license, certificate, permit or registration from the Real Estate Division of the Department of Business and Industry. (Chapters 119A, 645, 645C, 645D and 645H of NRS) Sections 3, 7, 8, 11, 14-16 and 18 of this bill require an applicant for the issuance or renewal of certain licenses, certificates, permits and registrations issued by the Division to pay a technology fee of $15 in addition to any other fee assessed by the Division for any such issuance or renewal. Sections 1, 4, 9, 12 and 17 of this bill require that the money collected from the technology fee imposed on each type of regulated profession or occupation be: (1) deposited in a separate account in the State General Fund and not revert at the end of a fiscal year; and (2) used only to acquire technology for or improve the technology used by the Division to administer the provisions of law governing that profession or occupation. Sections 2, 5, 6, 10 and 13 of this bill make conforming changes relating to the deposit and authorized use of money collected from a technology fee.

 

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

      1.  The Technology Account for Chapter 645 of NRS is hereby created in the State General Fund. The Administrator shall administer the Account.

      2.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Any money remaining in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      3.  All money collected from the technology fee imposed pursuant to NRS 645.830 must be deposited in the Account and used only to acquire technology for or improve the technology used by the Division to administer the provisions of this chapter, including, without limitation, costs related to acquiring or improving technology, purchasing hardware and software, maintaining the technology and contracting for professional services related to the technology.

 


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      4.  All claims against the Account must be paid as other claims against the State are paid.

      Sec. 2. NRS 645.140 is hereby amended to read as follows:

      645.140  1.  Except as otherwise provided in this section [,] and section 1 of this act, all fees, penalties and charges received by the Division pursuant to NRS 645.410, 645.660 and 645.830 must be deposited with the State Treasurer for credit to the State General Fund.

      2.  The fees received by the Division:

      (a) From the sale of publications must be retained by the Division to pay the costs of printing and distributing publications.

      (b) For examinations must be retained by the Division to pay the costs of the administration of examinations.

Ê Any surplus of the fees retained by the Division for the administration of examinations must be deposited with the State Treasurer for credit to the State General Fund.

      3.  Money for the support of the Division must be provided by direct legislative appropriation, and be paid out on claims as other claims against the State are paid.

      4.  Each member of the Commission is entitled to receive:

      (a) A salary of not more than $150 per day, as fixed by the Commission, while engaged in the business of the Commission; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Commission, while engaged in the business of the Commission. The rate must not exceed the rate provided for state officers and employees generally.

      5.  While engaged in the business of the Commission, each employee of the Commission is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Commission. The rate must not exceed the rate provided for state officers and employees generally.

      Sec. 3. NRS 645.830 is hereby amended to read as follows:

      645.830  1.  The following fees must be charged by and paid to the Division:

 

For each original real estate broker’s, broker-salesperson’s or corporate broker’s license............................ $105

For each original real estate salesperson’s license...................................................................................................... 85

For each original branch office license....................................................................................................................... 120

For real estate education, research and recovery to be paid at the time an application for an original license is filed......................................................................................................................................... 40

For real estate education, research and recovery to be paid at the time an application for renewal of a license is filed...................................................................................................................................... 40

For each renewal of a real estate broker’s, broker-salesperson’s or corporate broker’s license........................................................................................................................................................................ 180

For each renewal of a real estate salesperson’s license........................................................................................... 140

For each renewal of a real estate branch office license........................................................................................... 110

For each penalty for late filing of a renewal for a broker’s, broker-salesperson’s or corporate broker’s license......................................................................................................................................... 95

 


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ê2021 Statutes of Nevada, Page 3534 (CHAPTER 527, SB 276)ê

 

For each penalty for late filing of a renewal for a salesperson’s license.............................................................. $75

For each change of name or address.............................................................................................................................. 20

For each transfer of a real estate salesperson’s or broker-salesperson’s license and change of association or employment.................................................................................................................................. 20

For each duplicate license where the original license is lost or destroyed, and an affidavit is made thereof............................................................................................................................................................ 20

For each change of broker status from broker to broker-salesperson...................................................................... 20

For each change of broker status from broker-salesperson to broker...................................................................... 40

For each reinstatement to active status of an inactive real estate broker’s, broker-salesperson’s or salesperson’s license.................................................................................................................... 20

For each reinstatement of a real estate broker’s license when the licensee fails to give immediate written notice to the Division of a change of name or business location..................................... 30

For each reinstatement of a real estate salesperson’s or broker-salesperson’s license when he or she fails to notify the Division of a change of broker within 30 days of termination by previous broker..................................................................................................................................................... 30

For each original registration of an owner-developer.............................................................................................. 125

For each annual renewal of a registration of an owner-developer......................................................................... 125

For each enlargement of the area of an owner-developer’s registration................................................................. 50

For each cooperative certificate issued to an out-of-state broker licensee for 1 year or fraction thereof......................................................................................................................................................... 150

For each original accreditation of a course of continuing education..................................................................... 100

For each renewal of accreditation of a course of continuing education.................................................................. 50

For each annual approval of a course of instruction offered in preparation for an original license or permit....................................................................................................................................................... 100

 

      2.  In addition to the fees imposed by subsection 1 and NRS 645.843, each applicant for the issuance or renewal of a real estate broker’s, broker-salesperson’s or salesperson’s license issued pursuant to this chapter must pay to the Division a technology fee of $15.

      3.  The fees prescribed by this section for courses of instruction offered in preparation for an original license or permit or for courses of continuing education do not apply to:

      (a) Any university, state college or community college of the Nevada System of Higher Education.

      (b) Any agency of the State.

      (c) Any regulatory agency of the Federal Government.

 


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ê2021 Statutes of Nevada, Page 3535 (CHAPTER 527, SB 276)ê

 

      [3.]4.  The Commission shall adopt regulations which establish the fees to be charged and collected by the Division to pay the costs of any investigation of a person’s background.

      Sec. 4. Chapter 645C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Technology Account for Chapter 645C of NRS is hereby created in the State General Fund. The Administrator shall administer the Account.

      2.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Any money remaining in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      3.  All money collected from the technology fee imposed pursuant to NRS 645C.450 and 645C.680 must be deposited in the Account and used only to acquire technology for or improve the technology used by the Division to administer the provisions of this chapter, including, without limitation, costs related to acquiring or improving technology, purchasing hardware and software, maintaining the technology and contracting for professional services related to the technology.

      4.  All claims against the Account must be paid as other claims against the State are paid.

      Sec. 5. NRS 645C.240 is hereby amended to read as follows:

      645C.240  1.  Except as otherwise provided in subsections 2 and 3 [,] and section 4 of this act, all fees, penalties and other charges received by the Division pursuant to this chapter must be deposited with the State Treasurer for credit to the State General Fund.

      2.  Fees received by the Division:

      (a) From the sale of publications must be retained by the Division to pay the costs of printing and distributing publications.

      (b) For examinations must be retained by the Division to pay the costs of the administration of examinations.

Ê Any surplus of the fees retained by the Division for the administration of examinations must be deposited with the State Treasurer for credit to the State General Fund.

      3.  The portion of the fees collected by the Division pursuant to NRS 645C.450 and 645C.680 for the issuance or renewal of a certificate or license as a residential appraiser, the issuance or renewal of a certificate as a general appraiser or the issuance or renewal of a registration as an appraisal management company which is used for payment of the annual registry fee to the Federal Financial Institutions Examination Council or the Appraisal Subcommittee pursuant to 12 U.S.C. § 3338, must be retained by the Division for payment to the Federal Financial Institutions Examination Council or the Appraisal Subcommittee on an annual basis.

      4.  Money for the support of the Division in carrying out the provisions of this chapter must be provided by direct legislative appropriation and be paid out on claims as other claims against the State are paid.

      Sec. 6. NRS 645C.340 is hereby amended to read as follows:

      645C.340  1.  Each application for an examination for a certificate or license must be accompanied by the fees established by the Division pursuant to subsection [2] 3 of NRS 645C.450.

 


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ê2021 Statutes of Nevada, Page 3536 (CHAPTER 527, SB 276)ê

 

      2.  The examination must test the applicant on his or her knowledge and understanding of:

      (a) Subjects applicable to the type of certificate or license for which the applicant is applying; and

      (b) Laws regarding the practice of preparing and communicating appraisals, including the provisions of this chapter and any regulations adopted pursuant thereto.

      3.  The Division may hire a professional testing organization to create, administer or score the examination.

      Sec. 7. NRS 645C.450 is hereby amended to read as follows:

      645C.450  1.  The following fees may be charged and collected by the Division:

 

Application for a certificate, license or registration card...................................................................................... $100

Issuance or renewal of a certificate or license as a residential appraiser.............................................................. 320

Issuance or renewal of a certificate as a general appraiser...................................................................................... 420

Issuance of a permit....................................................................................................................................................... 115

Issuance or renewal of a registration card.................................................................................................................. 190

Issuance of a duplicate certificate or license for an additional office...................................................................... 50

Change in the name or location of a business.............................................................................................................. 20

Reinstatement of an inactive certificate or license...................................................................................................... 30

Annual approval of a course of instruction offered in preparation for an initial certificate or license................................................................................................................................................................... 100

Original approval of a course of instruction offered for continuing education................................................... 100

Renewal of approval of a course of instruction offered for continuing education................................................ 50

 

      2.  In addition to any fees imposed pursuant to subsection 1, each applicant for the issuance or renewal of a certificate, license or registration card issued pursuant to this chapter must pay to the Division a technology fee of $15.

      3.  The Division shall adopt regulations which establish the fees to be charged and collected by the Division to pay the costs of:

      (a) Any examination for a certificate or license, including any costs which are necessary for the administration of such an examination.

      (b) Any investigation of a person’s background.

      [3.]4.  The Division shall collect and remit the annual registry fee to the Federal Financial Institutions Examination Council or to the Appraisal Subcommittee, as appropriate, pursuant to 12 U.S.C. § 3338 and the rules or regulations issued thereunder.

      Sec. 8. NRS 645C.680 is hereby amended to read as follows:

      645C.680  1.  The Division, with advice from the Commission, shall establish by regulation fees for appraisal management companies, including, without limitation, fees for:

      (a) Application for registration;

      (b) Registration;

      (c) Renewal of registration;

 


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ê2021 Statutes of Nevada, Page 3537 (CHAPTER 527, SB 276)ê

 

      (d) Late renewal of registration;

      (e) Investigation of applicants; and

      (f) Inactive status.

      2.  In addition to the fees established pursuant to subsection 1, each applicant for the issuance or renewal of a registration as an appraisal management company must pay to the Division a technology fee of $15.

      3.  Except as otherwise provided in this subsection, the Division shall collect and remit the annual registry fee to the Federal Financial Institutions Examination Council or to the Appraisal Subcommittee, as appropriate, pursuant to 12 U.S.C. § 3338 and the rules or regulations issued thereunder. The fee required by this subsection must be collected from an appraisal management company only if, during the applicable year, the appraisal management company oversees a network or panel of more than 15 certified or licensed appraisers in this State or 25 or more certified or licensed appraisers nationally.

      Sec. 9. Chapter 645D of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Technology Account for Chapter 645D of NRS is hereby created in the State General Fund. The Administrator shall administer the Account.

      2.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Any money remaining in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      3.  All money collected from the technology fee imposed pursuant to NRS 645D.240 must be deposited in the Account and used only to acquire technology for or improve the technology used by the Division to administer the provisions of this chapter, including, without limitation, costs related to acquiring or improving technology, purchasing hardware and software, maintaining the technology and contracting for professional services related to the technology.

      4.  All claims against the Account must be paid as other claims against the State are paid.

      Sec. 10. NRS 645D.140 is hereby amended to read as follows:

      645D.140  1.  [All] Except as otherwise provided in section 9 of this act, all fees, penalties and other charges received by the Division pursuant to this chapter must be deposited with the State Treasurer for credit to the State General Fund.

      2.  Money for the support of the Division in carrying out the provisions of this chapter must be provided by direct legislative appropriation and be paid out on claims as other claims against the State are paid.

      3.  The Real Estate Commission and the Division shall deposit any money collected from the imposition of any administrative fine or penalty pursuant to this chapter with the State Treasurer for credit to the State General Fund. The Real Estate Commission or Division may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is required to pay attorney’s fees or the costs of an investigation, or both.

 


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to the State Board of Examiners for recommendation to the Interim Finance Committee if money is required to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 11. NRS 645D.240 is hereby amended to read as follows:

      645D.240  1.  The following fees must be charged and collected by the Division:

 

For each application for a certificate or license...................................................................................................... $100

For the issuance or renewal of a certificate or license............................................................................................. 250

For each penalty for a late renewal of a certificate or license................................................................................ 125

For each change of name, address or association........................................................................................................ 20

For each duplicate certificate or license where the original is lost or destroyed and an affidavit is made thereof........................................................................................................................................... 20

For each reinstatement to active status of an inactive certificate or license........................................................... 20

For each annual approval of a course of instruction offered in preparation for an original certificate or license................................................................................................................................................. 100

For each original accreditation of a course of continuing education..................................................................... 100

For each renewal of accreditation of a course of continuing education.................................................................. 50

 

      2.  In addition to the fees imposed by subsection 1, each applicant for the issuance or renewal of a certificate or license issued pursuant to this chapter must pay to the Division a technology fee of $15.

      3.  The Division shall adopt regulations which establish the fees to be charged and collected by the Division to pay the costs of:

      (a) Any examination for a certificate or license, including any costs which are necessary for the administration of such an examination.

      (b) Any investigation of a person’s background.

      Sec. 12. Chapter 645H of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Technology Account for Chapter 645H of NRS is hereby created in the State General Fund. The Administrator shall administer the Account.

      2.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Any money remaining in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      3.  All money collected from the technology fees imposed pursuant to NRS 645H.530, 645H.540 and 645H.560 must be deposited in the Account and used only to acquire technology for or improve the technology used by the Division to administer the provisions of this chapter, including, without limitation, costs related to acquiring or improving technology, purchasing hardware and software, maintaining the technology and contracting for professional services related to the technology.

 


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ê2021 Statutes of Nevada, Page 3539 (CHAPTER 527, SB 276)ê

 

      4.  All claims against the Account must be paid as other claims against the State are paid.

      Sec. 13. NRS 645H.350 is hereby amended to read as follows:

      645H.350  1.  [All] Except as otherwise provided in section 12 of this act, all fees and administrative fines received by the Division pursuant to this chapter must be deposited with the State Treasurer for credit to the State General Fund.

      2.  Money for the support of the Division in carrying out the provisions of this chapter must be provided by direct legislative appropriation and be paid out on claims as other claims against the State are paid.

      Sec. 14. NRS 645H.530 is hereby amended to read as follows:

      645H.530  1.  A person in this State who is employed or independently contracted as an asset manager by an asset management company shall apply to the Division for a permit to engage in asset management and pay a fee of $75 for the issuance of the permit.

      2.  In addition to the fee imposed by subsection 1, a person who applies to the Division for a permit to engage in asset management pursuant to subsection 1 must pay to the Division a technology fee of $15.

      3.  An applicant for a permit must:

      (a) At his or her own expense:

             (1) Arrange to have a complete set of fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division; and

             (2) Submit to the Division:

                   (I) A completed fingerprint card and written permission authorizing the Division to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary; or

                   (II) Written verification, on a form prescribed by the Division, stating that the fingerprints of the applicant were taken by a law enforcement agency or other authorized entity and directly forwarded by electronic or other means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary;

      (b) Submit to the Division a signed statement attesting that the applicant has read and understands the provisions of NRS 645H.520 and 645H.680 to 645H.770, inclusive; and

      (c) Comply with all other requirements established by the Division for the issuance of a permit.

      [3.] 4.  The Division may:

      (a) Unless the applicant’s fingerprints are forwarded pursuant to sub-subparagraph (II) of subparagraph (2) of paragraph (a) of subsection [2,] 3, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary; and

 


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      (b) Request from each such agency any information regarding the applicant’s background as the Division deems necessary.

      Sec. 15. NRS 645H.540 is hereby amended to read as follows:

      645H.540  1.  A permit issued pursuant to NRS 645H.530 expires 1 year after the date of issuance, unless it is renewed. To renew the permit, the registrant must submit to the Division on or before the date of expiration:

      [1.](a) An application for renewal;

      [2.](b) A fee of $75; and

      [3.](c) All information required to complete the renewal.

      2.  In addition to the fee imposed by subsection 1, a registrant who submits to the Division an application for renewal of a permit pursuant to subsection 1 must pay to the Division a technology fee of $15.

      Sec. 16. NRS 645H.560 is hereby amended to read as follows:

      645H.560  1.  A person must pay the following fees for the issuance or renewal of a certificate of registration as an asset management company:

      (a) For the issuance of a certificate of registration, an application fee of $2,000 for the principal office and a fee of $500 for the issuance of the initial certificate of registration.

      (b) For the renewal of a certificate of registration, a fee of $500.

      2.  The following fees must be charged by and paid to the Division:

 

For each issuance of a duplicate registration or permit........................................................................................... $50

For each change in the name or location of a business.............................................................................................. 20

For each change in the name or business address of a holder of a permit.............................................................. 20

 

      3.  In addition to the fees imposed by subsection 1, each applicant for the issuance or renewal of a certificate of registration as an asset management company must pay to the Division a technology fee of $15.

      Sec. 17. Chapter 119A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Technology Account for Chapter 119A of NRS is hereby created in the State General Fund. The Administrator shall administer the Account.

      2.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Any money remaining in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      3.  All money collected from the technology fee imposed pursuant to NRS 119A.360 must be deposited in the Account and used only to acquire technology for or improve the technology used by the Division to administer the provisions of this chapter, including, without limitation, costs related to acquiring or improving technology, purchasing hardware and software, maintaining the technology and contracting for professional services related to the technology.

      4.  All claims against the Account must be paid as other claims against the State are paid.

 


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ê2021 Statutes of Nevada, Page 3541 (CHAPTER 527, SB 276)ê

 

      Sec. 18. NRS 119A.360 is hereby amended to read as follows:

      119A.360  1.  The Division shall collect the following fees at the time of filing:

 

For each application for the registration of a representative................................................................................ $100

For each renewal of the registration of a representative.......................................................................................... 100

For each transfer of the registration of a representative to a different developer.................................................. 25

For each penalty for a late renewal of the registration of a representative............................................................. 75

For each preliminary permit to sell time shares........................................................................................................ 400

For each initial permit to sell time shares............................................................................................................... 1,500

For each amendment to a statement of record after the issuance of the permit to sell time shares, where no new component sites are added.............................................................................................. 200

For each amendment to a statement of record after the issuance of the permit to sell time shares, where one or more new component sites are added, not including the addition of units to a component site previously permitted............................................................................................. 500

For each annual renewal of a permit to sell time shares with only one component site.................................... 750

For each annual renewal of a permit to sell time shares with more than one component site................................................................................................................................................................................. 1,500

For each initial registration of a time-share resale broker....................................................................................... 300

For each renewal of the registration of a time-share resale broker........................................................................ 150

For each original and annual registration of a manager........................................................................................... 100

For each application for an original license as a sales agent.................................................................................. 200

For each renewal of a license as a sales agent........................................................................................................... 200

For each penalty for a late renewal of a license as a sales agent............................................................................ 100

For each registration of a time share exchange company........................................................................................ 500

For each conversion to an abbreviated registration............................................................................................... 7,500

For each change of name or address of a licensee or status of a license................................................................. 25

For each duplicate license, permit or registration where the original is lost or destroyed, and an affidavit is made thereof.............................................................................................................................. 25

For each annual approval of a course of instruction offered in preparation for an original license or permit....................................................................................................................................................... 150

For each original accreditation of a course of continuing education..................................................................... 150

For each renewal of accreditation of a course of continuing education.................................................................. 75

 

      2.  Within 10 days after receipt of written notification from the Administrator of the approval of the application for a permit to sell time shares and before the issuance of the permit to sell time shares, or within 10 days after an amendment that adds time shares to the time-share plan is approved or deemed approved,

 


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ê2021 Statutes of Nevada, Page 3542 (CHAPTER 527, SB 276)ê

 

within 10 days after an amendment that adds time shares to the time-share plan is approved or deemed approved, each developer shall, for each time share that the developer includes in the initial time-share plan or adds to the time-share plan by amendment, pay a one-time fee of:

      (a) For each such time share up to and including 1,499 time shares, $3.

      (b) For each such time share over 1,499 time shares, $1.50.

Ê For the purposes of calculating the amount of the fee payable under this subsection, “time share” means the right to use and occupy a unit for 7 days or more per calendar year.

      3.  [All] In addition to the fees imposed by subsection 1, each applicant for the issuance or renewal of a license as a sales agent must pay to the Division a technology fee of $15.

      4.  Except as otherwise provided in subsection 3 of section 17 of this act, all fees collected by the Division pursuant to this section must be deposited for use by the Division in carrying out the provisions of this chapter.

      [4.] 5.  Except for the fees relating to the registration of a representative [,] and the technology fee imposed pursuant to subsection 3, the Administrator may reduce the fees established by this section if the reduction is equitable in relation to the costs of carrying out the provisions of this chapter.

      [5.] 6.  The Division shall adopt regulations which establish the fees to be charged and collected by the Division to pay the costs of:

      (a) Any examination for a license, including any costs which are necessary for the administration of such an examination.

      (b) Any investigation of a person’s background.

      Sec. 19.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 to 18, inclusive, of this act become effective:

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

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

________

 


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ê2021 Statutes of Nevada, Page 3543ê

 

CHAPTER 528, SB 329

Senate Bill No. 329–Senators Lange and Donate

 

CHAPTER 528

 

[Approved: June 8, 2021]

 

AN ACT relating to health care; requiring a hospital or physician group practice, or a person who owns all or substantially all of a physician group practice, to notify the Department of Health and Human Services of certain transactions; prohibiting a provider of health care from willfully entering into a contract that contains certain provisions; authorizing the use of certain fees to investigate such prohibited contracting practices; authorizing certain civil actions; authorizing the imposition of a civil penalty; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that the Department of Health and Human Services is the agency of this State for health planning and development. (NRS 439A.081) Section 1 of this bill requires a hospital to notify the Department of any merger, acquisition or similar transaction involving the hospital. Section 1 additionally requires a physician group practice or a person who owns all or substantially all of a physician group practice to report certain similar transactions if: (1) the physician group practices that are parties to the transaction or owned by parties to the transaction represent at least 20 percent of the physicians who practice any specialty in a primary service area; and (2) the physician group practice represents the largest number of physicians of any physician group practice that is a party to the transaction or owned by a party to the transaction. Section 1 requires the Department to post the information contained in those notices on the Internet and publish an annual report based on that information.

      Existing law prohibits certain unfair trade practices. (NRS 598A.060) Section 20.9 of this bill prohibits a provider of health care, including a facility that provides health care, from willfully entering into, willfully offering to enter into or willfully soliciting a contract that: (1) prohibits a third party insurer from steering covered persons to certain providers of health care or placing providers of health care in tiers; or (2) that places certain other restrictions on the third party insurer. The Attorney General or a person injured by a violation of section 20.9 would be authorized to bring a civil action against a provider of health care who commits such a violation. (NRS 598A.160, 598A.180-598A.210) Sections 20.9 and 20.95 of this bill also make such a violation a misdemeanor. Additionally, a provider of health care or third party insurer who commits such a violation would be subject to a civil penalty. (NRS 598A.170)

      Existing law requires certain business entities that have had a total of five or more investigations commenced against the entity for unfair trade practices which resulted in the imposition of certain penalties or other requirements during a 5-year period to submit to the Secretary of State: (1) a statement concerning each such investigation; and (2) a fee. Existing law requires the Attorney General to use that fee for the purposes of investigating unfair trade practices. (NRS 78.153, 80.115, 86.264, 86.5462, 87A.295, 87A.565, 88.397, 88.5915) Sections 20.1-20.8 of this bill authorize the Attorney General to use those fees to investigate contracting practices prohibited by section 20.9.

 


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ê2021 Statutes of Nevada, Page 3544 (CHAPTER 528, SB 329)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 439A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A hospital shall notify the Department of any merger, acquisition or joint venture with any entity, including, without limitation, a physician group practice, to which the hospital is a party or any contract for the management of the hospital not later than 60 days after the finalization of the transaction or execution of the contract for management, as applicable.

      2.  A physician group practice or a person who owns all or substantially all of a physician group practice shall notify the Department of a transaction described in subsection 3 to which the physician group practice or person, as applicable, is a party or any contract for the management of the physician group practice not later than 60 days after the finalization of the transaction or execution of the contract for management, as applicable, if:

      (a) The physician group practices that are parties to the transaction or contract for management or that are owned by those parties represent at least 20 percent of the physicians who practice any specialty in a primary service area; and

      (b) The physician group practice represents the largest number of physicians of any physician group practice that is a party to or owned by a party to the transaction or contract for management.

      3.  Notice must be provided pursuant to subsection 2 for any:

      (a) Merger of, consolidation of or other affiliation between physician group practices, persons who own physician group practices or any combination thereof;

      (b) The acquisition of all or substantially all of the properties and assets of a physician group practice;

      (c) The acquisition of all or substantially all of the capital stock, membership interests or other equity interests of a physician group practice;

      (d) The employment of all or substantially all of the physicians in a physician group practice; or

      (e) The acquisition of an insolvent physician group practice.

      4.  Notice pursuant to subsection 1 or 2 must be provided in the form prescribed by the Department and must include, without limitation:

      (a) The name of each party to the transaction or contract for management, as applicable;

      (b) A description of the nature of the proposed relationship of the parties to the transaction or contract for management, as applicable;

      (c) The names and any specialties of each physician who is a party or employed by or affiliated with a physician group practice that is a party to or is owned by a party to the transaction or contract for management, as applicable;

      (d) The name and address of each business entity that will provide health services after the transaction or contract for management, as applicable;

      (e) A description of the health services to be provided at each location of a business entity described in paragraph (d); and

 


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ê2021 Statutes of Nevada, Page 3545 (CHAPTER 528, SB 329)ê

 

      (f) The primary service area to be served by each location of a business entity described in paragraph (d).

      5.  The Department shall:

      (a) Post the information contained in the notices provided pursuant to subsections 1 and 2 on an Internet website maintained by the Department; and

      (b) Annually prepare a report regarding market transactions and concentration in health care based on the information in the notices and post the report on an Internet website maintained by the Department.

      6.  As used in this section:

      (a) “Physician group practice” means any business entity organized for the purpose of the practice of medicine or osteopathic medicine by more than one physician.

      (b) “Primary service area” means an area comprising the smallest number of zip codes from which the hospital or physician group practice draws at least 75 percent of patients.

      Secs. 2-20. (Deleted by amendment.)

      Sec. 20.1. NRS 78.153 is hereby amended to read as follows:

      78.153  1.  At the time of submitting any list required pursuant to NRS 78.150, a corporation that meets the criteria set forth in subsection 2 must submit:

      (a) The statement required pursuant to subsection 3, accompanied by a declaration under penalty of perjury attesting that the statement does not contain any material misrepresentation of fact; and

      (b) A fee of $100,000, to be distributed in the manner provided pursuant to subsection 4.

      2.  A corporation must submit a statement pursuant to this section if the corporation, including its parent and all subsidiaries:

      (a) Holds 25 percent or more of the share of the market within this State for any product sold or distributed by the corporation within this State; and

      (b) Has had, during the previous 5-year period, a total of five or more investigations commenced against the corporation, its parent or its subsidiaries in any jurisdiction within the United States, including all state and federal investigations:

             (1) Which concern any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060, or which concern similar activities prohibited by a substantially similar law of another jurisdiction; and

             (2) Which resulted in the corporation being fined or otherwise penalized or which resulted in the corporation being required to divest any holdings or being unable to acquire any holdings as a condition for the settlement, dismissal or resolution of those investigations.

      3.  A corporation that meets the criteria set forth in subsection 2 shall submit a statement which includes the following information with respect to each investigation:

      (a) The jurisdiction in which the investigation was commenced.

      (b) A summary of the nature of the investigation and the facts and circumstances surrounding the investigation.

      (c) If the investigation resulted in criminal or civil litigation, a copy of all pleadings filed in the investigation by any party to the litigation.

      (d) A summary of the outcome of the investigation, including specific information concerning whether any fine or penalty was imposed against the corporation and whether the corporation was required to divest any holdings or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.

 


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ê2021 Statutes of Nevada, Page 3546 (CHAPTER 528, SB 329)ê

 

or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.

      4.  The fee collected pursuant to subsection 1 must be deposited in the Attorney General’s Administration Budget Account and used solely for the purpose of investigating any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060 [.] and subsection 1 of section 20.9 of this act.

      Sec. 20.2. NRS 80.115 is hereby amended to read as follows:

      80.115  1.  At the time of submitting any list required pursuant to NRS 80.110, a corporation that meets the criteria set forth in subsection 2 must submit:

      (a) The statement required pursuant to subsection 3, accompanied by a declaration under penalty of perjury attesting that the statement does not contain any material misrepresentation of fact; and

      (b) A fee of $100,000, to be distributed in the manner provided pursuant to subsection 4.

      2.  A corporation must submit a statement pursuant to this section if the corporation, including its parent and all subsidiaries:

      (a) Holds 25 percent or more of the share of the market within this State for any product sold or distributed by the corporation within this State; and

      (b) Has had, during the previous 5-year period, a total of five or more investigations commenced against the corporation, its parent or its subsidiaries in any jurisdiction within the United States, including all state and federal investigations:

             (1) Which concern any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060, or which concern similar activities prohibited by a substantially similar law of another jurisdiction; and

             (2) Which resulted in the corporation being fined or otherwise penalized or which resulted in the corporation being required to divest any holdings or being unable to acquire any holdings as a condition for the settlement, dismissal or resolution of those investigations.

      3.  A corporation that meets the criteria set forth in subsection 2 shall submit a statement which includes the following information with respect to each investigation:

      (a) The jurisdiction in which the investigation was commenced.

      (b) A summary of the nature of the investigation and the facts and circumstances surrounding the investigation.

      (c) If the investigation resulted in criminal or civil litigation, a copy of all pleadings filed in the investigation by any party to the litigation.

      (d) A summary of the outcome of the investigation, including specific information concerning whether any fine or penalty was imposed against the corporation and whether the corporation was required to divest any holdings or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.

      4.  The fee collected pursuant to subsection 1 must be deposited in the Attorney General’s Administration Budget Account and used solely for the purpose of investigating any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060 [.] and subsection 1 of section 20.9 of this act.

 


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ê2021 Statutes of Nevada, Page 3547 (CHAPTER 528, SB 329)ê

 

      Sec. 20.3. NRS 86.264 is hereby amended to read as follows:

      86.264  1.  At the time of submitting any list required pursuant to NRS 86.263, a limited-liability company that meets the criteria set forth in subsection 2 must submit:

      (a) The statement required pursuant to subsection 3, accompanied by a declaration under penalty of perjury attesting that the statement does not contain any material misrepresentation of fact; and

      (b) A fee of $100,000, to be distributed in the manner provided pursuant to subsection 4.

      2.  A limited-liability company must submit a statement pursuant to this section if the limited-liability company, including its parent and all subsidiaries:

      (a) Holds 25 percent or more of the share of the market within this State for any product sold or distributed by the limited-liability company within this State; and

      (b) Has had, during the previous 5-year period, a total of five or more investigations commenced against the limited-liability company, its parent or its subsidiaries in any jurisdiction within the United States, including all state and federal investigations:

             (1) Which concern any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060, or which concern similar activities prohibited by a substantially similar law of another jurisdiction; and

             (2) Which resulted in the limited-liability company being fined or otherwise penalized or which resulted in the limited-liability company being required to divest any holdings or being unable to acquire any holdings as a condition for the settlement, dismissal or resolution of those investigations.

      3.  A limited-liability company that meets the criteria set forth in subsection 2 shall submit a statement which includes the following information with respect to each investigation:

      (a) The jurisdiction in which the investigation was commenced.

      (b) A summary of the nature of the investigation and the facts and circumstances surrounding the investigation.

      (c) If the investigation resulted in criminal or civil litigation, a copy of all pleadings filed in the investigation by any party to the litigation.

      (d) A summary of the outcome of the investigation, including specific information concerning whether any fine or penalty was imposed against the limited-liability company and whether the limited-liability company was required to divest any holdings or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.

      4.  The fee collected pursuant to subsection 1 must be deposited in the Attorney General’s Administration Budget Account and used solely for the purpose of investigating any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060 [.] and subsection 1 of section 20.9 of this act.

      Sec. 20.4. NRS 86.5462 is hereby amended to read as follows:

      86.5462  1.  At the time of submitting any list required pursuant to NRS 86.5461, a foreign limited-liability company that meets the criteria set forth in subsection 2 must submit:

      (a) The statement required pursuant to subsection 3, accompanied by a declaration under penalty of perjury attesting that the statement does not contain any material misrepresentation of fact; and

 


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ê2021 Statutes of Nevada, Page 3548 (CHAPTER 528, SB 329)ê

 

      (b) A fee of $100,000, to be distributed in the manner provided pursuant to subsection 4.

      2.  A foreign limited-liability company must submit a statement pursuant to this section if the foreign limited-liability company, including its parent and all subsidiaries:

      (a) Holds 25 percent or more of the share of the market within this State for any product sold or distributed by the foreign limited-liability company within this State; and

      (b) Has had, during the previous 5-year period, a total of five or more investigations commenced against the foreign limited-liability company, its parent or its subsidiaries in any jurisdiction within the United States, including all state and federal investigations:

             (1) Which concern any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060, or which concern similar activities prohibited by a substantially similar law of another jurisdiction; and

             (2) Which resulted in the foreign limited-liability company being fined or otherwise penalized or which resulted in the foreign limited-liability company being required to divest any holdings or being unable to acquire any holdings as a condition for the settlement, dismissal or resolution of those investigations.

      3.  A foreign limited-liability company that meets the criteria set forth in subsection 2 shall submit a statement which includes the following information with respect to each investigation:

      (a) The jurisdiction in which the investigation was commenced.

      (b) A summary of the nature of the investigation and the facts and circumstances surrounding the investigation.

      (c) If the investigation resulted in criminal or civil litigation, a copy of all pleadings filed in the investigation by any party to the litigation.

      (d) A summary of the outcome of the investigation, including specific information concerning whether any fine or penalty was imposed against the foreign limited-liability company and whether the foreign limited-liability company was required to divest any holdings or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.

      4.  The fee collected pursuant to subsection 1 must be deposited in the Attorney General’s Administration Budget Account and used solely for the purpose of investigating any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060 [.] and subsection 1 of section 20.9 of this act.

      Sec. 20.5. NRS 87A.295 is hereby amended to read as follows:

      87A.295  1.  At the time of submitting any list required pursuant to NRS 87A.290, a limited partnership that meets the criteria set forth in subsection 2 must submit:

      (a) The statement required pursuant to subsection 3, accompanied by a declaration under penalty of perjury attesting that the statement does not contain any material misrepresentation of fact; and

      (b) A fee of $100,000, to be distributed in the manner provided pursuant to subsection 4.

      2.  A limited partnership must submit a statement pursuant to this section if the limited partnership, including its parent and all subsidiaries:

 


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ê2021 Statutes of Nevada, Page 3549 (CHAPTER 528, SB 329)ê

 

      (a) Holds 25 percent or more of the share of the market within this State for any product sold or distributed by the limited partnership within this State; and

      (b) Has had, during the previous 5-year period, a total of five or more investigations commenced against the limited partnership, its parent or its subsidiaries in any jurisdiction within the United States, including all state and federal investigations:

             (1) Which concern any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060, or which concern similar activities prohibited by a substantially similar law of another jurisdiction; and

             (2) Which resulted in the limited partnership being fined or otherwise penalized or which resulted in the limited partnership being required to divest any holdings or being unable to acquire any holdings as a condition for the settlement, dismissal or resolution of those investigations.

      3.  A limited partnership that meets the criteria set forth in subsection 2 shall submit a statement which includes the following information with respect to each investigation:

      (a) The jurisdiction in which the investigation was commenced.

      (b) A summary of the nature of the investigation and the facts and circumstances surrounding the investigation.

      (c) If the investigation resulted in criminal or civil litigation, a copy of all pleadings filed in the investigation by any party to the litigation.

      (d) A summary of the outcome of the investigation, including specific information concerning whether any fine or penalty was imposed against the limited partnership and whether the limited partnership was required to divest any holdings or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.

      4.  The fee collected pursuant to subsection 1 must be deposited in the Attorney General’s Administration Budget Account and used solely for the purpose of investigating any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060 [.] and subsection 1 of section 20.9 of this act.

      Sec. 20.6. NRS 87A.565 is hereby amended to read as follows:

      87A.565  1.  At the time of submitting any list required pursuant to NRS 87A.560, a foreign limited partnership that meets the criteria set forth in subsection 2 must submit:

      (a) The statement required pursuant to subsection 3, accompanied by a declaration under penalty of perjury attesting that the statement does not contain any material misrepresentation of fact; and

      (b) A fee of $100,000, to be distributed in the manner provided pursuant to subsection 4.

      2.  A foreign limited partnership must submit a statement pursuant to this section if the foreign limited partnership, including its parent and all subsidiaries:

      (a) Holds 25 percent or more of the share of the market within this State for any product sold or distributed by the foreign limited partnership within this State; and

      (b) Has had, during the previous 5-year period, a total of five or more investigations commenced against the foreign limited partnership, its parent or its subsidiaries in any jurisdiction within the United States, including all state and federal investigations:

 


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             (1) Which concern any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060, or which concern similar activities prohibited by a substantially similar law of another jurisdiction; and

             (2) Which resulted in the foreign limited partnership being fined or otherwise penalized or which resulted in the foreign limited partnership being required to divest any holdings or being unable to acquire any holdings as a condition for the settlement, dismissal or resolution of those investigations.

      3.  A foreign limited partnership that meets the criteria set forth in subsection 2 shall submit a statement which includes the following information with respect to each investigation:

      (a) The jurisdiction in which the investigation was commenced.

      (b) A summary of the nature of the investigation and the facts and circumstances surrounding the investigation.

      (c) If the investigation resulted in criminal or civil litigation, a copy of all pleadings filed in the investigation by any party to the litigation.

      (d) A summary of the outcome of the investigation, including specific information concerning whether any fine or penalty was imposed against the foreign limited partnership and whether the foreign limited partnership was required to divest any holdings or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.

      4.  The fee collected pursuant to subsection 1 must be deposited in the Attorney General’s Administration Budget Account and used solely for the purpose of investigating any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060 [.] and subsection 1 of section 20.9 of this act.

      Sec. 20.7. NRS 88.397 is hereby amended to read as follows:

      88.397  1.  At the time of submitting any list required pursuant to NRS 88.395, a limited partnership that meets the criteria set forth in subsection 2 must submit:

      (a) The statement required pursuant to subsection 3, accompanied by a declaration under penalty of perjury attesting that the statement does not contain any material misrepresentation of fact; and

      (b) A fee of $100,000, to be distributed in the manner provided pursuant to subsection 4.

      2.  A limited partnership must submit a statement pursuant to this section if the limited partnership, including its parent and all subsidiaries:

      (a) Holds 25 percent or more of the share of the market within this State for any product sold or distributed by the limited partnership within this State; and

      (b) Has had, during the previous 5-year period, a total of five or more investigations commenced against the limited partnership, its parent or its subsidiaries in any jurisdiction within the United States, including all state and federal investigations:

            (1) Which concern any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060, or which concern similar activities prohibited by a substantially similar law of another jurisdiction; and

             (2) Which resulted in the limited partnership being fined or otherwise penalized or which resulted in the limited partnership being required to divest any holdings or being unable to acquire any holdings as a condition for the settlement, dismissal or resolution of those investigations.

 


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      3.  A limited partnership that meets the criteria set forth in subsection 2 shall submit a statement which includes the following information with respect to each investigation:

      (a) The jurisdiction in which the investigation was commenced.

      (b) A summary of the nature of the investigation and the facts and circumstances surrounding the investigation.

      (c) If the investigation resulted in criminal or civil litigation, a copy of all pleadings filed in the investigation by any party to the litigation.

      (d) A summary of the outcome of the investigation, including specific information concerning whether any fine or penalty was imposed against the limited partnership and whether the limited partnership was required to divest any holdings or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.

      4.  The fee collected pursuant to subsection 1 must be deposited in the Attorney General’s Administration Budget Account and used solely for the purpose of investigating any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060 [.] and subsection 1 of section 20.9 of this act.

      Sec. 20.8. NRS 88.5915 is hereby amended to read as follows:

      88.5915  1.  At the time of submitting any list required pursuant to NRS 88.591, a foreign limited partnership that meets the criteria set forth in subsection 2 must submit:

      (a) The statement required pursuant to subsection 3, accompanied by a declaration under penalty of perjury attesting that the statement does not contain any material misrepresentation of fact; and

      (b) A fee of $100,000, to be distributed in the manner provided pursuant to subsection 4.

      2.  A foreign limited partnership must submit a statement pursuant to this section if the foreign limited partnership, including its parent and all subsidiaries:

      (a) Holds 25 percent or more of the share of the market within this state for any product sold or distributed by the foreign limited partnership within this State; and

      (b) Has had, during the previous 5-year period, a total of five or more investigations commenced against the foreign limited partnership, its parent or its subsidiaries in any jurisdiction within the United States, including all state and federal investigations:

             (1) Which concern any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060, or which concern similar activities prohibited by a substantially similar law of another jurisdiction; and

             (2) Which resulted in the foreign limited partnership being fined or otherwise penalized or which resulted in the foreign limited partnership being required to divest any holdings or being unable to acquire any holdings as a condition for the settlement, dismissal or resolution of those investigations.

      3.  A foreign limited partnership that meets the criteria set forth in subsection 2 shall submit a statement which includes the following information with respect to each investigation:

      (a) The jurisdiction in which the investigation was commenced.

      (b) A summary of the nature of the investigation and the facts and circumstances surrounding the investigation.

 


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ê2021 Statutes of Nevada, Page 3552 (CHAPTER 528, SB 329)ê

 

      (c) If the investigation resulted in criminal or civil litigation, a copy of all pleadings filed in the investigation by any party to the litigation.

      (d) A summary of the outcome of the investigation, including specific information concerning whether any fine or penalty was imposed against the foreign limited partnership and whether the foreign limited partnership was required to divest any holdings or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.

      4.  The fee collected pursuant to subsection 1 must be deposited in the Attorney General’s Administration Budget Account and used solely for the purpose of investigating any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060 [.] and subsection 1 of section 20.9 of this act.

      Sec. 20.9.Chapter 598A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A violation of this subsection constitutes a contract in restraint of trade. A provider of health care shall not willfully enter into, willfully offer to enter into or willfully solicit a contract with a third party that directly or indirectly:

      (a) Restricts the third party from offering incentives to a covered person to use specific providers of health care or otherwise steering a covered person to a specific provider of health care;

      (b) Restricts the third party from assigning providers of health care into tiers for the purpose of encouraging the use of certain providers of health care;

      (c) Requires the third party to place all providers of health care affiliated with a business entity in the same tier;

      (d) Requires the third party to contract with a business entity affiliated with a provider of health care as a condition of entering into a contract with the provider of health care; or

      (e) Prohibits the third party from contracting with a provider of health care that is not a party to the contract or penalizes the third party for entering into such a contract.

      2.  A contract between a provider of health care and a third party may include any provisions not expressly prohibited by subsection 1 or otherwise prohibited by law.

      3.  The provisions of this section do not authorize a third party to subcontract for the performance of obligations under a contract with a provider of health care or delegate such obligations in a manner that is inconsistent with the terms of the contract.

      4.  Any provision of a contract that is described in paragraphs (a) to (e), inclusive, of subsection 1 is void and severable from the contract.

      5. Any person who conspires to, or does, violate any of the provisions of this section is guilty of a misdemeanor.

      6.  As used in this section:

      (a) “Affiliated” means any entity or person who directly, or indirectly through one or more intermediaries, controls or is controlled by or is under common control with a specified entity or person.

      (b) “Covered person” means a policyholder, subscriber, enrollee or other person covered by a third party.

      (c) “Provider of health care” means:

             (1) A physician or other health care practitioner who is licensed or otherwise authorized in this State to furnish any health care service; or

 


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             (2) An institution providing health care services or other setting in which health care services are provided, including, without limitation, a hospital, surgical center for ambulatory patients, facility for skilled nursing, residential facility for groups, laboratory and any other such licensed facility.

      (d) “Third party” means any insurer, governmental entity or other organization providing health coverage or benefits in accordance with state or federal law.

      Sec. 20.95. NRS 598A.280 is hereby amended to read as follows:

      598A.280  [A] Except as otherwise provided in section 20.9 of this act, a person who conspires to, or does, violate any of the provisions of this chapter is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 21.  The amendatory provisions of section 20.9 of this act do not apply to any contract existing on October 1, 2021, but apply to any renewal of such a contract.

      Sec. 22.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 to 21, inclusive, of this act become effective:

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

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

________

CHAPTER 529, SB 352

Senate Bill No. 352–Committee on Education

 

CHAPTER 529

 

[Approved: June 8, 2021]

 

AN ACT relating to education; requiring the Commission on Professional Standards in Education to adopt regulations related to paraprofessionals and certain other employees and to student teaching; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Commission on Professional Standards in Education to adopt regulations relating to the qualifications to obtain a license to teach in this State. (NRS 391.019) This bill requires the Commission to adopt regulations that: (1) allow a person who is currently employed as a paraprofessional and enrolled in a program to become a teacher to complete an accelerated program of student teaching in the area in which the person is currently employed as a paraprofessional; (2) require the Department of Education to accept a student teaching experience completed in another state or a foreign country if the Department determines that experience substantially fulfills the requirements of a program of student teaching in this State; and (3) allow a person who is currently employed by a public school to provide support or other services relating to school psychology to simultaneously complete a program of internship in psychology.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 391.019 is hereby amended to read as follows:

      391.019  1.  Except as otherwise provided in NRS 391.027, the Commission shall adopt regulations:

      (a) Prescribing the qualifications for licensing teachers and other educational personnel and the procedures for the issuance and renewal of those licenses. The regulations:

             (1) Must include, without limitation, the qualifications for licensing teachers and administrators pursuant to an alternative route to licensure which provides that the required education and training may be provided by any qualified provider which has been approved by the Commission, including, without limitation, institutions of higher education and other providers that operate independently of an institution of higher education. The regulations adopted pursuant to this subparagraph must:

                   (I) Establish the requirements for approval as a qualified provider;

                   (II) Require a qualified provider to be selective in its acceptance of students;

                   (III) Require a qualified provider to provide in-person or virtual supervised, school-based experiences and ongoing support for its students, such as mentoring and coaching;

                   (IV) Significantly limit the amount of course work required or provide for the waiver of required course work for students who achieve certain scores on tests;

                   (V) Allow for the completion in 2 years or less of the education and training required under the alternative route to licensure;

                   (VI) Provide that a person who has completed the education and training required under the alternative route to licensure and who has satisfied all other requirements for licensure may apply for a regular license pursuant to sub-subparagraph (VII) regardless of whether the person has received an offer of employment from a school district, charter school or private school; and

                   (VII) Upon the completion by a person of the education and training required under the alternative route to licensure and the satisfaction of all other requirements for licensure, provide for the issuance of a regular license to the person pursuant to the provisions of this chapter and the regulations adopted pursuant to this chapter.

             (2) Must require an applicant for a license to teach middle school or junior high school education or secondary education to demonstrate proficiency in a field of specialization or area of concentration by successfully completing course work prescribed by the Department or completing a subject matter competency examination prescribed by the Department with a score deemed satisfactory.

 


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ê2021 Statutes of Nevada, Page 3555 (CHAPTER 529, SB 352)ê

 

successfully completing course work prescribed by the Department or completing a subject matter competency examination prescribed by the Department with a score deemed satisfactory.

             (3) Must not prescribe qualifications which are more stringent than the qualifications set forth in NRS 391.0315 for a licensed teacher who applies for an additional license in accordance with that section.

      (b) Identifying fields of specialization in teaching which require the specialized training of teachers.

      (c) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization.

      (d) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.

      (e) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting.

      (f) Requiring teachers and other educational personnel to be registered with the Aging and Disability Services Division pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting if they:

             (1) Provide instruction or other educational services; and

             (2) Concurrently engage in the practice of interpreting, as defined in NRS 656A.060.

      (g) Prescribing course work on parental involvement and family engagement. The Commission shall work in cooperation with the Office of Parental Involvement and Family Engagement created by NRS 385.630 in developing the regulations required by this paragraph.

      (h) Establishing the requirements for obtaining an endorsement on the license of a teacher, administrator or other educational personnel in cultural competency.

      (i) Authorizing the Superintendent of Public Instruction to issue a license by endorsement to an applicant who holds an equivalent license or authorization issued by a governmental entity in another country if the Superintendent determines that the qualifications for the equivalent license or authorization are substantially similar to those prescribed pursuant to paragraph (a).

      (j) Establishing the requirements for obtaining an endorsement on the license of a teacher, administrator or other educational personnel in teaching courses relating to financial literacy.

 


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ê2021 Statutes of Nevada, Page 3556 (CHAPTER 529, SB 352)ê

 

      (k) Authorizing a person who is employed as a paraprofessional and enrolled in a program to become a teacher to complete an accelerated program of student teaching in the same or a substantially similar area in which the person is employed as a paraprofessional while remaining employed as a paraprofessional.

      (l) Requiring the Department to accept a program of student teaching or other teaching experience completed in another state or foreign country by an applicant for a license if the Department determines that the program or experience substantially fulfills the standards of a program of student teaching in this State.

      (m) Authorizing a person who is employed by a public school to provide support or other services relating to school psychology, if the person does not hold a license or endorsement as a school psychologist but is enrolled in a program that would allow the person to obtain such a license or endorsement, to complete a program of internship in school psychology while remaining employed in such a position.

      2.  Except as otherwise provided in NRS 391.027, the Commission may adopt such other regulations as it deems necessary for its own government or to carry out its duties.

      3.  Any regulation which increases the amount of education, training or experience required for licensing:

      (a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.

      (b) Must not become effective until at least 1 year after the date it is adopted by the Commission.

      (c) Is not applicable to a license in effect on the date the regulation becomes effective.

      Sec. 2.  This act becomes effective on July 1, 2021.

________

 


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ê2021 Statutes of Nevada, Page 3557ê

 

CHAPTER 530, SB 354

Senate Bill No. 354–Committee on Education

 

CHAPTER 530

 

[Approved: June 8, 2021]

 

AN ACT relating to education; providing for the inclusion of data to recognize public schools that reduce the frequency of suspension, expulsion or removal of pupils from school in the statewide system of accountability; requiring the Department of Education to develop a statewide framework for restorative justice; providing for the inclusion of unaccompanied pupils and pupils in foster care in certain procedures related to the discipline of pupils; providing for the consideration of homelessness and being in foster care in the discipline of pupils; extending the requirement to establish a plan of action based on restorative justice to the suspension and removal of pupils from public school; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes a statewide system of accountability for public schools. (NRS 385A.600) Section 1 of this bill requires the Department of Education to include in the statewide system of accountability for public schools data to recognize public schools that reduce the frequency of suspension, expulsion or removal of pupils from school.

      Existing law establishes provisions related to the discipline of pupils, including, without limitation, suspending, expelling or removing a pupil from school. (NRS 392.461-392.472) Existing law prohibits a public school from expelling a pupil from school without first providing a plan of action based on restorative justice. Under existing law, the Department must develop one or more examples of a plan of action based on restorative justice. (NRS 392.472) Section 12 of this bill additionally prohibits a public school from suspending or removing a pupil from school without first providing a plan of action based on restorative justice.

      Existing law creates the Office for a Safe and Respectful Learning Environment within the Department. (NRS 388.1323) Existing law requires the Department to develop a policy to provide a safe and respectful learning environment that is free of bullying and cyber-bullying. (NRS 388.133) Section 2 of this bill requires the Department to develop a statewide framework for restorative justice. Section 2 sets forth various requirements for the statewide framework. Section 2.3 of this bill makes a conforming change to indicate the placement of section 2 within the Nevada Revised Statutes. Section 2.7 of this bill requires the policy to provide a safe and respectful learning environment to include requirements and methods for restorative disciplinary practices that are in alignment with the statewide framework for restorative justice.

      Existing law requires each public school to collect data on the discipline of pupils. (NRS 392.462) Section 3 of this bill requires the data to be disaggregated by certain subgroups of pupils and types of offense and, to the extent allowed under federal law, be posted on the Internet website of the school.

      Under existing law, the board of trustees of each school district shall establish a plan to provide for the restorative discipline of pupils, which must be developed with the input of certain school personnel and the parents and guardians of pupils. (NRS 392.4644) Existing law requires the plan to provide for the restorative discipline of pupils to also provide for the temporary removal of a pupil from a classroom or other premises of a public school. (NRS 392.4645) Section 5 of this bill requires the board of trustees of each school district to also obtain input from pupils who are enrolled in schools in the school district and requires that the plan to provide for the restorative discipline of pupils align with the statewide framework for restorative justice developed pursuant to section 2.

 


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ê2021 Statutes of Nevada, Page 3558 (CHAPTER 530, SB 354)ê

 

discipline of pupils align with the statewide framework for restorative justice developed pursuant to section 2. Section 6 of this bill requires that a public school must offer certain services to a pupil who is temporarily removed from school.

      Existing law provides for the suspension or expulsion of a pupil from a public school in certain circumstances. (NRS 392.466, 392.467) Existing law establishes various provisions related to the procedure for suspending, expelling or removing a pupil from school. (NRS 392.4646, 392.4655, 392.4657) Sections 6-9 of this bill revise provisions relating to the participation of unaccompanied pupils and, in certain instances, pupils in foster care in any procedures related to the suspension, expulsion or removal of the pupil from school. Sections 6-8 of this bill require the consideration of the effects of homelessness in suspending, expelling or removing a pupil from school. Sections 10 and 11 of this bill prohibit a pupil from being suspended or expelled from school unless it has been determined that the behavior of the pupil was not caused by homelessness or being in foster care.

      Section 4 of this bill makes a conforming change related to the reference of subsection numbers changed in section 10.

 

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 Department shall include in the statewide system of accountability for public schools data to recognize public schools that reduce the frequency of the suspension, expulsion or removal of pupils from school as a means of discipline, including, without limitation, a reduction in the occurrences of the suspension, expulsion or removal of pupils that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250.

      Sec. 2. Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  To the extent that money is available, the Department shall develop a statewide framework for restorative justice. The statewide framework must, without limitation:

      (a) In accordance with NRS 392.472, establish standards for a plan of action based on restorative justice to enable a public school to address the unique needs of pupils enrolled in the school;

      (b) Provide for the identification of and address the needs of homeless pupils, unaccompanied pupils or pupils in foster care;

      (c) Address the occurrences of the suspension, expulsion or removal of pupils from school that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250;

      (d) Provide for the improvement of school climate, culture and safety and pupil outcomes by providing information on, without limitation:

             (1) Multi-tiered systems of support;

             (2) Early warning systems;

             (3) Positive behavioral interventions and support;

             (4) The provision of school social workers;

             (5) Curriculum on social and emotional learning; and

             (6) Trauma-informed practices; and

      (e) Provide for training for teachers, administrators and other school staff in:

 


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ê2021 Statutes of Nevada, Page 3559 (CHAPTER 530, SB 354)ê

 

             (1) Child and adolescent development;

             (2) Restorative justice, including, without limitation, positive behavioral interventions and support, conflict resolution and de-escalation techniques; and

             (3) Psychology, trauma and chronic stress, the effect of trauma and chronic stress on pupils and learning and effective responses to trauma and chronic stress.

      2.  The Department may apply for grants, gifts and donations of money to carry out the objectives of the statewide framework for restorative justice.

      3.  As used in this section:

      (a) “Foster care” has the meaning ascribed to it in 45 C.F.R. § 1355.20.

      (b) “Homeless pupil” has the meaning ascribed to the term “homeless children and youths” in 42 U.S.C. § 11434a(2).

      (c) “Restorative justice” has the meaning ascribed to it in NRS 392.472.

      (d) “Unaccompanied pupil” has the meaning ascribed to the term “unaccompanied youth” in 42 U.S.C. § 11434a(6).

      Sec. 2.3. NRS 388.121 is hereby amended to read as follows:

      388.121  As used in NRS 388.121 to 388.1395, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 388.1215 to 388.127, inclusive, have the meanings ascribed to them in those sections.

      Sec. 2.7. NRS 388.133 is hereby amended to read as follows:

      388.133  1.  The Department shall, in consultation with the governing bodies, educational personnel, local associations and organizations of parents whose children are enrolled in schools throughout this State, and individual parents and legal guardians whose children are enrolled in schools throughout this State, prescribe by regulation a policy for all school districts and schools to provide a safe and respectful learning environment that is free of bullying and cyber-bullying.

      2.  The policy must include, without limitation:

      (a) Requirements and methods for reporting violations of NRS 388.135, including, without limitation, violations among teachers and violations between teachers and administrators, coaches and other personnel of a school district or school;

      (b) Requirements and methods for addressing the rights and needs of persons with diverse gender identities or expressions;

      (c) Requirements and methods for restorative disciplinary practices [;] that align with the statewide framework for restorative justice if such a framework is developed pursuant to section 2 of this act; and

      (d) A policy for use by school districts and schools to train members of the governing body and all administrators, teachers and all other personnel employed by the governing body. The policy must include, without limitation:

             (1) Training in the appropriate methods to facilitate positive human relations among pupils by eliminating the use of bullying and cyber-bullying so that pupils may realize their full academic and personal potential;

             (2) Training in methods to prevent, identify and report incidents of bullying and cyber-bullying;

             (3) Training concerning the needs of persons with diverse gender identities or expressions;

 


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             (4) Training concerning the needs of pupils with disabilities and pupils with autism spectrum disorder;

             (5) Methods to promote a positive learning environment;

             (6) Methods to improve the school environment in a manner that will facilitate positive human relations among pupils; and

             (7) Methods to teach skills to pupils so that the pupils are able to replace inappropriate behavior with positive behavior.

      Sec. 3. NRS 392.462 is hereby amended to read as follows:

      392.462  Each public school shall collect data on the discipline of pupils. Such data must include, without limitation, the number of expulsions and suspensions of pupils and the number of placements of pupils in another school. Such data must be disaggregated into the subgroups of pupils listed in subsection 2 of NRS 385A.250 and the types of offense. The principal of each public school shall:

      1.  Review the data and take appropriate action; [and]

      2.  Report the data to the board of trustees of the school district each quarter [.] ; and

      3.  To the extent allowed by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, post the data on the Internet website maintained by the public school.

      Sec. 4. NRS 392.4634 is hereby amended to read as follows:

      392.4634  1.  Except as otherwise provided in subsection 3, a pupil enrolled in kindergarten or grades 1 to 8, inclusive, may not be disciplined, including, without limitation, pursuant to NRS 392.466, for:

      (a) Simulating a firearm or dangerous weapon while playing; or

      (b) Wearing clothing or accessories that depict a firearm or dangerous weapon or express an opinion regarding a constitutional right to keep and bear arms, unless it substantially disrupts the educational environment.

      2.  Simulating a firearm or dangerous weapon includes, without limitation:

      (a) Brandishing a partially consumed pastry or other food item to simulate a firearm or dangerous weapon;

      (b) Possessing a toy firearm or toy dangerous weapon that is 2 inches or less in length;

      (c) Possessing a toy firearm or toy dangerous weapon made of plastic building blocks which snap together;

      (d) Using a finger or hand to simulate a firearm or dangerous weapon;

      (e) Drawing a picture or possessing an image of a firearm or dangerous weapon; and

      (f) Using a pencil, pen or other writing or drawing implement to simulate a firearm or dangerous weapon.

      3.  A pupil who simulates a firearm or dangerous weapon may be disciplined when disciplinary action is consistent with a policy adopted by the board of trustees of the school district and such simulation:

      (a) Substantially disrupts learning by pupils or substantially disrupts the educational environment at the school;

      (b) Causes bodily harm to another person; or

      (c) Places another person in reasonable fear of bodily harm.

      4.  Except as otherwise provided in subsection 5, a school, school district, board of trustees of a school district or other entity shall not adopt any policy, ordinance or regulation which conflicts with this section.

 


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      5.  The provisions of this section shall not be construed to prohibit a school from establishing and enforcing a policy requiring pupils to wear a school uniform as authorized pursuant to NRS 386.855.

      6.  As used in this section:

      (a) “Dangerous weapon” has the meaning ascribed to it in [paragraph (b) of subsection 11 of] NRS 392.466.

      (b) “Firearm” has the meaning ascribed to it in [paragraph (c) of subsection 11 of] NRS 392.466.

      Sec. 5. NRS 392.4644 is hereby amended to read as follows:

      392.4644  1.  The board of trustees of each school district shall establish a plan to provide for the restorative discipline of pupils and on-site review of disciplinary decisions. The plan must:

      (a) Be developed with the input and participation of teachers, school administrators and other educational personnel and support personnel who are employed by the school district, pupils who are enrolled in schools within the school district and the parents and guardians of pupils who are enrolled in schools within the school district.

      (b) Be consistent with the written rules of behavior prescribed in accordance with NRS 392.463.

      (c) Include, without limitation, provisions designed to address the specific disciplinary needs and concerns of each school within the school district.

      (d) Provide restorative disciplinary practices which include, without limitation:

             (1) Holding a pupil accountable for his or her behavior;

             (2) Restoration or remedies related to the behavior of the pupil;

             (3) Relief for any victim of the pupil; and

             (4) Changing the behavior of the pupil.

      (e) Provide for the temporary removal of a pupil from a classroom or other premises of a public school in accordance with NRS 392.4645.

      (f) Provide for the placement of a pupil in a different school within the school district in accordance with NRS 392.466.

      (g) Include the names of any members of a committee to review the temporary alternative placement of pupils required by NRS 392.4647.

      (h) Be in accordance with the statewide framework for restorative justice developed pursuant to section 2 of this act, including, without limitation, by addressing the occurrences of the suspension, expulsion or removal of pupils from school that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250.

      (i) Be posted on the Internet website maintained by the school district.

      2.  On or before September 15 of each year, the principal of each public school shall:

      (a) Review the plan established by subsection 1 in consultation with the teachers, school administrators and other educational personnel and support personnel who are employed at the school and the parents and guardians of pupils and the pupils who are enrolled in the school;

      (b) Determine whether and to what extent the occurrences of the suspension, expulsion or removal of pupils from school disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250;

      (c) Based upon the review, recommend to the board of trustees of the school district revisions to the plan, as recommended by the teachers, school administrators and other educational personnel and support personnel and the parents and guardians of pupils and the pupils who are enrolled in the school, if necessary;

 


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administrators and other educational personnel and support personnel and the parents and guardians of pupils and the pupils who are enrolled in the school, if necessary;

      [(c)](d) Post a copy of the plan or the revised plan, as provided by the school district, on the Internet website maintained by the school; and

      [(d)](e) Distribute to each teacher, school administrator and all educational support personnel who are employed at or assigned to the school a written or electronic copy of the plan or the revised plan, as provided by the school district.

      3.  On or before November 15 of each year, the board of trustees of each school district shall:

      (a) Submit a written report to the Superintendent of Public Instruction that reports the progress of each school within the district in complying with the requirements of this section [;] , including, without limitation, addressing the occurrences of the suspension, expulsion or removal of pupils from school that disproportionately affect pupils who belong to a group of pupils listed in subsection 2 of NRS 385A.250; and

      (b) Post a copy of the report on the Internet website maintained by the school district.

      4.  As used in this section, “restorative justice” has the meaning ascribed to it in NRS 392.472.

      Sec. 6. NRS 392.4645 is hereby amended to read as follows:

      392.4645  1.  [The] Except as otherwise provided in subsection 5, the plan established pursuant to NRS 392.4644 must provide for the temporary removal of a pupil from a classroom or other premises of a public school if, in the judgment of the teacher or other staff member responsible for the classroom or other premises, as applicable, the pupil has engaged in behavior that seriously interferes with the ability of the teacher to teach the other pupils in the classroom and with the ability of the other pupils to learn or with the ability of the staff member to discharge his or her duties. The plan must provide that, upon the removal of a pupil from a classroom or any other premises of a public school pursuant to this section, the principal of the school shall provide an explanation of the reason for the removal of the pupil to the pupil and offer the pupil an opportunity to respond to the explanation. Within 24 hours after the removal of a pupil pursuant to this section, the principal of the school shall notify the parent or legal guardian of the pupil of the removal.

      2.  Except as otherwise provided in subsection 3, a pupil who is removed from a classroom or any other premises of a public school pursuant to this section may be assigned to a temporary alternative placement pursuant to which the pupil:

      (a) Is separated, to the extent practicable, from pupils who are not assigned to a temporary alternative placement;

      (b) Studies or remains under the supervision of appropriate personnel of the school district; and

      (c) Is prohibited from engaging in any extracurricular activity sponsored by the school.

      3.  The principal shall not assign a pupil to a temporary alternative placement if the suspension or expulsion of a pupil who is removed from the classroom pursuant to this section is:

      (a) Required by NRS 392.466; or

      (b) Authorized by NRS 392.467 and the principal decides to proceed in accordance with that section.

 


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Ê If the principal proceeds in accordance with NRS 392.466 or 392.467, the pupil must be removed from school in accordance with those sections and the provisions of NRS 392.4642 to 392.4648, inclusive, do not apply to the pupil.

      4.  A public school must offer a pupil who is removed from a classroom or any other premises of the public school pursuant to this section for more than 2 school days:

      (a) Education services to prevent the pupil from losing academic credit or becoming disengaged from school during the period the pupil is removed from a classroom or any other premises of the public school; and

      (b) Appropriate positive behavioral interventions and support, trauma-informed support and a referral to a school social worker or school counselor.

      5.  Before removing a pupil from a classroom or any other premises of a public school pursuant to this section for more than 1 school day, the principal of the school must contact the local educational agency liaison for homeless pupils designated in accordance with the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq., or a contact person at a school, including, without limitation, a school counselor or school social worker, to make a determination of whether the pupil is a homeless pupil.

      6.  As used in this section, “homeless pupil” has the meaning ascribed to the term “homeless children and youths” in 42 U.S.C. § 11434a(2).

      Sec. 7. NRS 392.4646 is hereby amended to read as follows:

      392.4646  1.  Except as otherwise provided in this section, not later than 3 school days after a pupil is removed from a classroom or any other premises of a public school pursuant to NRS 392.4645, a conference must be held with:

      (a) The pupil;

      (b) A parent or legal guardian of the pupil [;] , unless the pupil is an unaccompanied pupil;

      (c) The principal of the school; and

      (d) The teacher or other staff member who removed the pupil.

Ê The principal shall give an oral [or] and written notice of the conference [, as appropriate,] to each person who is required to participate.

      2.  After receipt of the notice required pursuant to subsection 1, the parent or legal guardian of the pupil may, not later than 3 school days after the removal of the pupil, request that the date of the conference be postponed. The principal shall accommodate such a request. If the date of the conference is postponed pursuant to this subsection, the principal shall send written notice to the parent or legal guardian confirming that the conference has been postponed at the request of the parent or legal guardian.

      3.  If a parent or legal guardian of a pupil refuses to attend a conference, the principal of the school shall send a written notice to the parent or legal guardian confirming that the parent or legal guardian has waived the right to a conference provided by this section and authorized the principal to recommend the placement of the pupil pursuant to subsection 6.

      4.  Except as otherwise provided in this subsection, a pupil must not return to the classroom or other premises of the public school from which the pupil was removed before the conference is held. If the conference is not held within 3 school days after the removal of the pupil, the pupil , including, without limitation, an unaccompanied pupil or a pupil in foster care, must be allowed to return to the classroom or other premises unless:

 


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      (a) The parent or legal guardian of the pupil refuses to attend the conference;

      (b) The failure to hold a conference is attributed to the action or inaction of the pupil , including, without limitation, an unaccompanied pupil or a pupil in foster care, or the parent or legal guardian of the pupil; or

      (c) The parent or legal guardian requested that the date of the conference be postponed.

      5.  During the conference, the teacher who removed the pupil from the classroom, the staff member who removed the pupil from the other premises of the public school or the principal shall provide the pupil and , if the pupil is not an unaccompanied pupil, the pupil’s parent or legal guardian with an explanation of the reason for the removal of the pupil from the classroom or other premises. The pupil and , if the pupil is not an unaccompanied pupil, the pupil’s parent or legal guardian must be granted an opportunity to respond to the explanation of the pupil’s behavior and to indicate whether the removal of the pupil from the classroom or other premises was appropriate in their opinion based upon the behavior of the pupil. If the pupil is a homeless pupil, the conference must include consideration of and interventions to mitigate the impact of homelessness on the behavior of the pupil.

      6.  Upon conclusion of the conference or, if a conference is not held pursuant to subsection 3 not later than 3 school days after the removal of a pupil from a classroom or other premises of a public school, the principal shall recommend whether to return the pupil to the classroom or other premises or continue the temporary alternative placement of the pupil if the pupil has been assigned to a temporary alternative placement.

      7.  As used in this section:

      (a) “Foster care” has the meaning ascribed to it in 45 C.F.R. § 1355.20.

      (b) “Homeless pupil” has the meaning ascribed to the term “homeless children and youths” in 42 U.S.C. § 11434a(2).

      (c) “Unaccompanied pupil” has the meaning ascribed to the term “unaccompanied youth” in 42 U.S.C. § 11434a(6).

      Sec. 8. NRS 392.4655 is hereby amended to read as follows:

      392.4655  1.  Except as otherwise provided in this section, a principal of a school shall deem a pupil enrolled in the school a habitual disciplinary problem if the school has written evidence which documents that in 1 school year:

      (a) The pupil has threatened or extorted, or attempted to threaten or extort, another pupil or a teacher or other personnel employed by the school two or more times or the pupil has a record of five suspensions from the school for any reason; [and]

      (b) The pupil has not entered into and participated in a plan of behavior pursuant to subsection [.] 6; and

      (c) The behavior of the pupil was not caused by homelessness, as determined in consultation with the local educational agency liaison for homeless pupils designated in accordance with the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq., or a contact person at a school, including, without limitation, a school counselor or school social worker.

      2.  A principal of a school shall presume that the behavior of the pupil was caused by homelessness unless the principal determines the behavior was not caused by homelessness pursuant to subsection 1.

 


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      3.  At least one teacher of a pupil who is enrolled in elementary school and at least two teachers of a pupil who is enrolled in junior high, middle school or high school may request that the principal of the school deem a pupil a habitual disciplinary problem. Upon such a request, the principal of the school shall meet with each teacher who made the request to review the pupil’s record of discipline. If, after the review, the principal of the school determines that the provisions of subsection 1 do not apply to the pupil, a teacher who submitted a request pursuant to this subsection may appeal that determination to the board of trustees of the school district. Upon receipt of such a request, the board of trustees shall review the initial request and determination pursuant to the procedure established by the board of trustees for such matters.

      [3.]4.  If a pupil is suspended, the school in which the pupil is enrolled shall provide written notice to the parent or legal guardian of the pupil or, if the pupil is an unaccompanied pupil, the pupil that contains:

      (a) A description of the act committed by the pupil and the date on which the act was committed;

      (b) An explanation that if the pupil receives five suspensions on his or her record during the current school year and has not entered into and participated in a plan of behavior pursuant to subsection [5,] 6, the pupil will be deemed a habitual disciplinary problem;

      (c) An explanation that, pursuant to subsection 5 of NRS 392.466, a pupil who is deemed a habitual disciplinary problem may be:

             (1) Suspended from school for a period not to exceed one school semester as determined by the seriousness of the acts which were the basis for the discipline; or

             (2) Expelled from school under extraordinary circumstances as determined by the principal of the school;

      (d) If the pupil has a disability and is participating in a program of special education pursuant to NRS 388.419, an explanation of the effect of subsection 10 of NRS 392.466, including, without limitation, that if it is determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior is not a manifestation of the pupil’s disability, he or she may be suspended or expelled from school in the same manner as a pupil without a disability; and

      (e) A summary of the provisions of subsection [5.] 6.

      [4.]5.  A school shall provide the notice required by subsection [3] 4 for each suspension on the record of a pupil during a school year. Such notice must be provided at least 7 days before the school deems the pupil a habitual disciplinary problem.

      [5.]6.  If a pupil is suspended, the school in which the pupil is enrolled shall develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of behavior for the pupil. The parent or legal guardian of the pupil or, if the pupil is an unaccompanied pupil, the pupil may choose for the pupil not to participate in the plan of behavior. If the parent or legal guardian of the pupil or the pupil chooses for the pupil not to participate, the school shall inform the parent or legal guardian or the pupil of the consequences of not participating in the plan of behavior. Such a plan must be designed to prevent the pupil from being deemed a habitual disciplinary problem and may include, without limitation:

      (a) A plan for graduating if the pupil is deficient in credits and not likely to graduate according to schedule.

      (b) Information regarding schools with a mission to serve pupils who have been:

 


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             (1) Expelled or suspended from a public school, including, without limitation, a charter school; or

             (2) Deemed to be a habitual disciplinary problem pursuant to this section.

      (c) A voluntary agreement by the parent or legal guardian to attend school with his or her child.

      (d) A voluntary agreement by the pupil and , if the pupil is not an unaccompanied pupil, the pupil’s parent or legal guardian to attend counseling, programs or services available in the school district or community.

      (e) A voluntary agreement by the pupil and , if the pupil is not an unaccompanied pupil, the pupil’s parent or legal guardian that the pupil will attend summer school, intersession school or school on Saturday, if any of those alternatives are offered by the school district.

      [6.]7.  If a pupil commits the same act for which notice was provided pursuant to subsection [3] 4 after he or she enters into a plan of behavior pursuant to subsection [5,] 6, the pupil shall be deemed to have not successfully completed the plan of behavior and may be deemed a habitual disciplinary problem.

      [7.]8.  A pupil may, pursuant to the provisions of this section, enter into one plan of behavior per school year.

      [8.]9.  The parent or legal guardian of a pupil or, if the pupil is an unaccompanied pupil, a pupil who has entered into a plan of behavior with a school pursuant to this section may appeal to the board of trustees of the school district a determination made by the school concerning the contents of the plan of behavior or action taken by the school pursuant to the plan of behavior. Upon receipt of such a request, the board of trustees of the school district shall review the determination in accordance with the procedure established by the board of trustees for such matters.

      10.  As used in this section, “unaccompanied pupil” has the meaning ascribed to the term “unaccompanied youth” in 42 U.S.C. § 11434a(6).

      Sec. 9. NRS 392.4657 is hereby amended to read as follows:

      392.4657  1.  A pupil shall be deemed suspended from school if the school in which the pupil is enrolled:

      [1.](a) Prohibits the pupil from attending school for 3 or more consecutive days; and

      [2.](b) Requires a conference or some other form of communication with the parent or legal guardian of the pupil or, if the pupil is an unaccompanied pupil, the pupil before the pupil is allowed to return to school.

      2.  As used in this section “unaccompanied pupil” has the meaning ascribed to the term “unaccompanied youth” in 42 U.S.C. § 11434a(6).

      Sec. 10. NRS 392.466 is hereby amended to read as follows:

      392.466  1.  Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school or who sells or distributes any controlled substance while on the premises of any public school, at an activity sponsored by a public school or on any school bus and who is at least 11 years of age shall meet with the school and his or her parent or legal guardian. The school shall provide a plan of action based on restorative justice to the parent or legal guardian of the pupil [.] or, if the pupil is an unaccompanied pupil, the pupil. The pupil may be expelled from the school, in which case the pupil shall:

 


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      (a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or

      (b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.

      2.  An employee who is a victim of a battery which results in the bodily injury of an employee of the school may appeal to the school the plan of action provided pursuant to subsection 1 if:

      (a) The employee feels any actions taken pursuant to such plan are inappropriate; and

      (b) For a pupil who committed the battery and is participating in a program of special education pursuant to NRS 388.419, the board of trustees of the school district has reviewed the circumstances and determined that such an appeal is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

      3.  Except as otherwise provided in this section, any pupil who is found in possession of a firearm or a dangerous weapon while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although the pupil may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, the pupil must be permanently expelled from the school and:

      (a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or

      (b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.

      4.  If a school is unable to retain a pupil in the school pursuant to subsection 1 for the safety of any person or because doing so would not be in the best interest of the pupil, the pupil may be suspended, expelled or placed in another school. If a pupil is placed in another school, the current school of the pupil shall explain what services will be provided to the pupil at the new school that the current school is unable to provide to address the specific needs and behaviors of the pupil. The school district of the current school of the pupil shall coordinate with the new school or the board of trustees of the school district of the new school to create a plan of action based on restorative justice for the pupil and to ensure that any resources required to execute the plan of action based on restorative justice are available at the new school.

      5.  Except as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655, the pupil is at least 11 years of age and the school has made a reasonable effort to complete a plan of action based on restorative justice with the pupil, the pupil may be:

      (a) Suspended from the school for a period not to exceed one school semester as determined by the seriousness of the acts which were the basis for the discipline; or

      (b) Expelled from the school under extraordinary circumstances as determined by the principal of the school.

 


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      6.  If the pupil is expelled, or the period of the pupil’s suspension is for one school semester, the pupil must:

      (a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or

      (b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.

      7.  The superintendent of schools of a school district may, for good cause shown in a particular case in that school district, allow a modification to a suspension or expulsion pursuant to subsections 1 to 5, inclusive, if such modification is set forth in writing. The superintendent shall allow such a modification if the superintendent determines that a plan of action based on restorative justice may be used successfully.

      8.  This section does not prohibit a pupil from having in his or her possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.

      9.  Except as otherwise provided in this section, a pupil who is not more than 10 years of age must not be permanently expelled from school. In extraordinary circumstances, a school may request an exception to this subsection from the board of trustees of the school district. A pupil who is at least 11 years of age may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.

      10.  A pupil who is at least 11 years of age and who is participating in a program of special education pursuant to NRS 388.419 may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters and only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., be:

      (a) Suspended from school pursuant to this section for not more than 5 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.

      (b) Permanently expelled from school pursuant to this section.

      11.  A homeless pupil or a pupil in foster care who is at least 11 years of age may be suspended or expelled from school pursuant to this section only if a determination is made that the behavior that led to the consideration for suspension or expulsion was not caused by homelessness or being in foster care. The person responsible for making a determination of whether or not the behavior was caused by homelessness or being in foster care shall presume that the behavior was caused by homelessness or being in foster care unless the person determines that the behavior was not caused by homelessness or being in foster care pursuant to this subsection. A determination that the behavior was not caused by homelessness must be made in consultation with the local educational agency liaison for homeless pupils designated in accordance with the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq., or a contact person at a school, including, without limitation, a school counselor or school social worker. A determination that the behavior was not caused by being in foster care must be made in consultation with an advocate for pupils in foster care at the school in which the pupil is in enrolled or the school counselor of the pupil.

 


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ê2021 Statutes of Nevada, Page 3569 (CHAPTER 530, SB 354)ê

 

being in foster care must be made in consultation with an advocate for pupils in foster care at the school in which the pupil is in enrolled or the school counselor of the pupil.

      12.  As used in this section:

      (a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

      (b) “Dangerous weapon” includes, without limitation, a blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, a switchblade knife as defined in NRS 202.265, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.

      (c) “Firearm” includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a “firearm” in 18 U.S.C. § 921, as that section existed on July 1, 1995.

      (d) “Foster care” has the meaning ascribed to it in 45 C.F.R. § 1355.20.

      (e) “Homeless pupil” has the meaning ascribed to the term “homeless children and youths” in 42 U.S.C. § 11434a(2).

      (f) “Restorative justice” has the meaning ascribed to it in subsection 6 of NRS 392.472.

      (g) “Unaccompanied pupil” has the meaning ascribed to the term “unaccompanied youth” in 42 U.S.C. § 11434a(6).

      [12.]13.  The provisions of this section do not prohibit a pupil who is suspended or expelled from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if the pupil is accepted for enrollment by the charter school pursuant to NRS 388A.453 or 388A.456. Upon request, the governing body of a charter school must be provided with access to the records of the pupil relating to the pupil’s suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.

      Sec. 11. NRS 392.467 is hereby amended to read as follows:

      392.467  1.  Except as otherwise provided in subsections 5 and 6 and NRS 392.466, the board of trustees of a school district may authorize the suspension or expulsion of any pupil who is at least 11 years of age from any public school within the school district. Except as otherwise provided in NRS 392.466, a pupil who is not more than 10 years of age must not be permanently expelled from school.

      2.  Except as otherwise provided in subsection 6, no pupil may be suspended or expelled until the pupil has been given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing, except that a pupil who is found to be in possession of a firearm or a dangerous weapon as provided in NRS 392.466 may be removed from the school immediately upon being given an explanation of the reasons for his or her removal and pending proceedings, to be conducted as soon as practicable after removal, for the pupil’s suspension or expulsion.

      3.  The board of trustees of a school district may authorize the expulsion, suspension or removal of a pupil who has been charged with a crime from the school at which the pupil is enrolled regardless of the outcome of any criminal or delinquency proceedings brought against the pupil only if the school:

 


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ê2021 Statutes of Nevada, Page 3570 (CHAPTER 530, SB 354)ê

 

crime from the school at which the pupil is enrolled regardless of the outcome of any criminal or delinquency proceedings brought against the pupil only if the school:

      (a) Conducts an independent investigation of the conduct of the pupil; and

      (b) Gives notice of the charges brought against the pupil by the school to the pupil.

      4.  The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such hearings must be closed to the public.

      5.  The board of trustees of a school district shall not authorize the expulsion, suspension or removal of any pupil from the public school system solely for offenses related to attendance or because the pupil is declared a truant or habitual truant in accordance with NRS 392.130 or 392.140.

      6.  A pupil who is participating in a program of special education pursuant to NRS 388.419, other than a pupil who receives early intervening services, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters and only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., be:

      (a) Suspended from school pursuant to this section for not more than 5 days for each occurrence.

      (b) Permanently expelled from school pursuant to this section.

      7.  A homeless pupil or a pupil in foster care who is at least 11 years of age may be suspended or expelled from school pursuant to this section only if a determination is made that the behavior that led to the consideration for suspension or expulsion was not caused by homelessness or being in foster care. The person responsible for making a determination of whether or not the behavior was caused by homelessness or being in foster care shall presume that the behavior was caused by homelessness or being in foster care unless the person determines that the behavior was not caused by homelessness or being in foster care pursuant to this subsection. A determination that the behavior was not caused by homelessness must be made in consultation with the local educational agency liaison for homeless pupils designated in accordance with the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq., or a contact person at a school, including, without limitation, a school counselor or school social worker. A determination that the behavior was not caused by being in foster care must be made in consultation with an advocate for pupils in foster care at the school in which the pupil is in enrolled or the school counselor of the pupil.

      8.  As used in this section:

      (a) “Foster care” has the meaning ascribed to it in 45 C.F.R. § 1355.20.

      (b) “Homeless pupil” has the meaning ascribed to the term “homeless children and youths” in 42 U.S.C. § 11434a(2).

      Sec. 12. NRS 392.472 is hereby amended to read as follows:

      392.472  1.  Except as otherwise provided in NRS 392.466 and to the extent practicable, a public school shall provide a plan of action based on restorative justice before removing a pupil from a classroom or other premises of the public school or suspending or expelling a pupil from school.

 


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      2.  The Department shall develop one or more examples of a plan of action which may include, without limitation:

      (a) Positive behavioral interventions and support;

      (b) A plan for behavioral intervention;

      (c) A referral to a team of student support;

      (d) A referral to an individualized education program team;

      (e) A referral to appropriate community-based services; and

      (f) A conference with the principal of the school or his or her designee and any other appropriate personnel.

      3.  The Department may approve a plan of action based on restorative justice that meets the requirements of this section submitted by a public school.

      4.  The Department shall post on its Internet website a guidance document that includes, without limitation:

      (a) A description of the statewide framework for restorative justice developed pursuant to section 2 of this act and the requirements of this section and NRS 392.462;

      (b) A timeline for implementation of the requirements of this section and NRS 392.462 by a public school;

      (c) One or more models of restorative justice and best practices relating to restorative justice;

      (d) A curriculum for professional development relating to restorative justice and references for one or more consultants or presenters qualified to provide additional information or training relating to restorative justice; and

      (e) One or more examples of a plan of action based on restorative justice developed pursuant to subsection 2.

      5.  The Department shall adopt regulations necessary to carry out the provisions of this section.

      6.  As used in this section:

      (a) “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

      (b) “Restorative justice” means nonpunitive intervention and support provided by the school to a pupil to improve the behavior of the pupil and remedy any harm caused by the pupil.

      Sec. 13.  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. 14.  1.  This section becomes effective upon passage and approval.

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

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

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

________

 


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ê2021 Statutes of Nevada, Page 3572ê

 

CHAPTER 531, SB 356

Senate Bill No. 356–Committee on Judiciary

 

CHAPTER 531

 

[Approved: June 8, 2021]

 

AN ACT relating to youthful offenders; providing for a study of certain issues relating to the housing of youthful offenders; requiring the transmittal of a report of the findings of the study to the Legislative Committee on Child Welfare and Juvenile Justice; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Legislative Committee on Child Welfare and Juvenile Justice and directs the Committee to evaluate and review various issues relating to child welfare and juvenile justice in this State. (NRS 218E.700-218E.720) During the 2019 Legislative Session, the Legislature enacted legislation requiring the Committee to conduct a study during the 2019-2020 interim concerning juvenile detention in this State, which included, without limitation: (1) consideration of the implementation of a regional approach to the housing of juvenile offenders in this State, through which the Nevada Department of Corrections retains jurisdiction over juvenile offenders who are housed locally in other local or state institutions or facilities for the detention of juvenile offenders; (2) a review of the adequacy of the current capacity of institutions and facilities in this State to house juvenile offenders; and (3) a review of the programs and services in other states where juvenile offenders who are tried as adults are housed with juvenile offenders within the juvenile justice system. (Chapter 382, Statutes of Nevada 2019, at page 2425)

      Section 1 of this bill requires the Department of Corrections and the Division of Child and Family Services of the Department of Health and Human Services, in consultation with the Juvenile Justice Oversight Commission and other stakeholders, to study the feasibility of: (1) housing youthful offenders regionally, in facilities of the Division of Child and Family Services or in county facilities; and (2) developing a new model relating to the housing of youthful offenders in which youthful offenders who are between 18 and 24 years of age, who have been convicted as adults and who will be released from confinement before reaching 25 years of age would be housed separately from offenders who will not be released from confinement before reaching 25 years of age. Section 1 of this bill also requires that not later than July 1, 2022, the Department of Corrections and the Division must prepare and submit a report of the findings of the study to the Director of the Legislative Counsel Bureau for transmittal to the Committee. Section 1.5 of this bill makes an appropriation to the Division for the costs of conducting the study.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The Department of Corrections and the Division of Child and Family Services of the Department of Health and Human Services, in consultation with the Juvenile Justice Oversight Commission and other stakeholders, shall study the feasibility of: (1) housing youthful offenders regionally, in facilities of the Division or in county facilities; and (2) developing a new model relating to the housing of youthful offenders in which youthful offenders who are between 18 and 24 years of age, who have been convicted as adults and who will be released from confinement before reaching 25 years of age would be housed separately from offenders who will not be released from confinement before reaching 25 years of age.

 


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reaching 25 years of age would be housed separately from offenders who will not be released from confinement before reaching 25 years of age. The study must include, without limitation, a review and consideration of the following issues:

      (a) With respect to housing youthful offenders regionally, in facilities of the Division or in county facilities:

             (1) An investigation of the costs of upgrading facilities or new construction.

             (2) The complexities of entering into a memorandum of understanding between the Department and the Division whereby appropriately trained staff of the Department would, if necessary, be assigned to work in facilities of the Division.

             (3) Any potential savings in costs at the Department resulting from no longer housing youthful offenders that could potentially be shifted to the Division or to counties.

             (4) Any other issues relating to budgeting.

             (5) An analysis of the costs and benefits of implementing the proposal.

             (6) Any other issues deemed pertinent by the Department or Division.

      (b) With respect to developing a new model relating to the housing of youthful offenders in which youthful offenders who are between 18 and 24 years of age, who have been convicted as adults and who will be released from confinement before reaching 25 years of age would be housed separately from offenders who will not be released from confinement before reaching 25 years of age:

             (1) A review of necessary statutory and regulatory changes.

             (2) Models from other states.

             (3) Estimates of expected costs.

             (4) Any other issues relating to budgeting.

             (5) An analysis of the costs and benefits of the proposal.

             (6) Any other issues deemed pertinent by the Department or Division.

      2.  Not later than July 1, 2022, the Department and the Division shall prepare and submit a report of the findings of the study to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Child Welfare and Juvenile Justice.

      Sec. 1.5.  1.  There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services the sum of $50,000 for the costs of conducting the study of housing youthful offenders required by section 1 of this act.

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

      Sec. 2.  Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475.

 


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ê2021 Statutes of Nevada, Page 3574 (CHAPTER 531, SB 356)ê

 

Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.

      Sec. 3.  This act becomes effective upon passage and approval.

________

CHAPTER 532, SB 369

Senate Bill No. 369–Committee on Judiciary

 

CHAPTER 532

 

[Approved: June 8, 2021]

 

AN ACT relating to criminal procedure; removing the requirement that an arrested person show good cause before being released without bail; providing that a court may only impose bail or a condition of release, or both, on a person if the imposition is the least restrictive means necessary to protect the safety of the community or to ensure the appearance of the person in court; requiring prosecuting attorneys under certain circumstances to prove by clear and convincing evidence that the imposition of bail or a condition of release, or both, on a person is necessary to protect the safety of the community or to ensure the appearance of the person in court; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

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

      Recently, the Nevada Supreme Court held that a provision of law requiring an arrested person to show good cause before being released without bail violated his or her constitutional right to nonexcessive bail. Specifically, the Nevada Supreme Court held that the provision of law was unconstitutional because it: (1) did not require the court to consider less restrictive conditions of release before determining that the imposition of bail was necessary; and (2) effectively relieved the State from its burden of proving that the imposition of bail on the person was necessary to protect the safety of the community or to ensure the appearance of the person in court. (Valdez-Jimenez v. Eighth Jud. Dist. Court, 136 Nev. 155 (2020); Nev. Const. Art. 1, §§ 6, 7; NRS 178.4851) Section 3 of this bill removes the provision of law that was found unconstitutional and section 4 of this bill makes a conforming change.

      Existing law sets forth separate procedures for releasing persons with bail and releasing persons without bail. (NRS 178.484, 178.4851) Specifically, existing law: (1) restricts persons from being released on bail under certain circumstances; and (2) mandates specific amounts of bail for offenses involving domestic violence and violations of certain orders for protections. (NRS 178.484) Section 2 of this bill retains the existing restrictions and specific amounts of bail while section 3 consolidates the existing procedures for releasing persons with bail and releasing persons without bail into a standard procedure for courts to follow in making pretrial custody determinations. Sections 1, 5 and 6 of this bill make conforming changes to reflect the consolidation of the procedures.

 


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ê2021 Statutes of Nevada, Page 3575 (CHAPTER 532, SB 369)ê

 

      Section 3 requires the court: (1) to only impose bail or a condition of release, or both, on a person as it deems to be the least restrictive means necessary to protect the safety of the community or to ensure that the person will appear at all times and places ordered by the court, with regard to certain factors; and (2) to make certain findings of fact relating to the imposition of bail or any condition of release, or both.

      Section 3 also requires a prosecuting attorney, if he or she requests the imposition of bail or a condition of release on a person, to prove by clear and convincing evidence that the imposition of bail is necessary to protect the safety of the community or to ensure the appearance of the person in 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. NRS 171.1845 is hereby amended to read as follows:

      171.1845  1.  If a person is brought before a magistrate under the provisions of NRS 171.178 or 171.184, and it is discovered that there is a warrant for the person’s arrest outstanding in another county of this State, the magistrate may release the person in accordance with the provisions of NRS [178.484 or] 178.4851 if:

      (a) The warrant arises out of a public offense which constitutes a misdemeanor; and

      (b) The person provides a suitable address where the magistrate who issued the warrant in the other county can notify the person of a time and place to appear.

      2.  If a person is released under the provisions of this section, the magistrate who releases the person shall transmit the cash, bond, notes or agreement submitted under the provisions of NRS 178.502 or 178.4851, together with the person’s address, to the magistrate who issued the warrant. Upon receipt of the cash, bonds, notes or agreement and address, the magistrate who issued the warrant shall notify the person of a time and place to appear.

      3.  Any bail set under the provisions of this section must be in addition to and apart from any bail set for any public offense with which a person is charged in the county in which a magistrate is setting bail. In setting bail under the provisions of this section, a magistrate shall set the bail in an amount which is sufficient to induce a reasonable person to travel to the county in which the warrant for the arrest is outstanding.

      4.  A person who fails to appear in the other county as ordered is guilty of failing to appear and shall be punished as provided in NRS 199.335. A sentence of imprisonment imposed for failing to appear in violation of this section must be imposed consecutively to a sentence of imprisonment for the offense out of which the warrant arises.

      Sec. 2. NRS 178.484 is hereby amended to read as follows:

      178.484  1.  Except as otherwise provided in this section, a person arrested for an offense other than murder of the first degree must be admitted to bail.

      2.  A person arrested for a felony who has been released on probation or parole for a different offense must not be admitted to bail unless:

      (a) A court issues an order directing that the person be admitted to bail;

      (b) The State Board of Parole Commissioners directs the detention facility to admit the person to bail; or

 


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ê2021 Statutes of Nevada, Page 3576 (CHAPTER 532, SB 369)ê

 

      (c) The Division of Parole and Probation of the Department of Public Safety directs the detention facility to admit the person to bail.

      3.  A person arrested for a felony whose sentence has been suspended pursuant to NRS 4.373 or 5.055 for a different offense or who has been sentenced to a term of residential confinement pursuant to NRS 4.3762 or 5.076 for a different offense must not be admitted to bail unless:

      (a) A court issues an order directing that the person be admitted to bail; or

      (b) A department of alternative sentencing directs the detention facility to admit the person to bail.

      4.  A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.

      5.  A person arrested for a violation of NRS 484C.110, 484C.120, 484C.130, 484C.430, 488.410, 488.420 or 488.425 who is under the influence of intoxicating liquor must not be admitted to bail or released on the person’s own recognizance unless the person has a concentration of alcohol of less than 0.04 in his or her breath. A test of the person’s breath pursuant to this subsection to determine the concentration of alcohol in his or her breath as a condition of admission to bail or release is not admissible as evidence against the person.

      6.  A person arrested for a violation of NRS 484C.110, 484C.120, 484C.130, 484C.430, 488.410, 488.420 or 488.425 who is under the influence of a controlled substance, is under the combined influence of intoxicating liquor and a controlled substance, or inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle or vessel under power or sail must not be admitted to bail or released on the person’s own recognizance sooner than 12 hours after arrest.

      7.  A person arrested for a battery that constitutes domestic violence pursuant to NRS 33.018 must not be admitted to bail sooner than 12 hours after arrest. If the person is admitted to bail more than 12 hours after arrest, without appearing personally before a magistrate or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:

      (a) Three thousand dollars, if the person has no previous convictions of battery that constitute domestic violence pursuant to NRS 33.018 and there is no reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation;

      (b) Five thousand dollars, if the person has:

             (1) No previous convictions of battery that constitute domestic violence pursuant to NRS 33.018, but there is reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or

             (2) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018, but there is no reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or

      (c) Fifteen thousand dollars, if the person has:

 


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             (1) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 and there is reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or

             (2) Two or more previous convictions of battery that constitute domestic violence pursuant to NRS 33.018.

Ê The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court, or when a magistrate or a court has otherwise been contacted to set the amount of bail. For the purposes of this subsection, a person shall be deemed to have a previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

      8.  A person arrested for violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or for violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or for violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or for violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 must not be admitted to bail sooner than 12 hours after arrest if:

      (a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

      (b) The person has previously violated a temporary or extended order for protection of the type for which the person has been arrested; or

      (c) At the time of the violation or within 2 hours after the violation, the person has:

             (1) A concentration of alcohol of 0.08 or more in the person’s blood or breath; or

             (2) An amount of a prohibited substance in the person’s blood or urine, as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110.

      9.  If a person is admitted to bail more than 12 hours after arrest, pursuant to subsection 8, without appearing personally before a magistrate or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:

      (a) Three thousand dollars, if the person has no previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378;

      (b) Five thousand dollars, if the person has one previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378; or

 


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ê2021 Statutes of Nevada, Page 3578 (CHAPTER 532, SB 369)ê

 

violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378; or

      (c) Fifteen thousand dollars, if the person has two or more previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378.

Ê The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court or when a magistrate or a court has otherwise been contacted to set the amount of bail. For the purposes of this subsection, a person shall be deemed to have a previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378, if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

      10.  [The court may, before releasing a person arrested for an offense punishable as a felony, require the surrender to the court of any passport the person possesses.

      11.  Before releasing a person arrested for any crime, the court may impose such reasonable conditions on the person as it deems necessary to protect the health, safety and welfare of the community and to ensure that the person will appear at all times and places ordered by the court, including, without limitation:

      (a) Requiring the person to remain in this State or a certain county within this State;

      (b) Prohibiting the person from contacting or attempting to contact a specific person or from causing or attempting to cause another person to contact that person on the person’s behalf;

      (c) Prohibiting the person from entering a certain geographic area; or

      (d) Prohibiting the person from engaging in specific conduct that may be harmful to the person’s own health, safety or welfare, or the health, safety or welfare of another person.

 


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Ê In determining whether a condition is reasonable, the court shall consider the factors listed in NRS 178.4853.

      12.  If a person fails to comply with a condition imposed pursuant to subsection 11, the court may, after providing the person with reasonable notice and an opportunity for a hearing:

      (a) Deem such conduct a contempt pursuant to NRS 22.010; or

      (b) Increase the amount of bail pursuant to NRS 178.499.

      13.  An order issued pursuant to this section that imposes a condition on a person admitted to bail must include a provision ordering any law enforcement officer to arrest the person if the officer has probable cause to believe that the person has violated a condition of bail.

      14.  Before a person may be admitted to bail, the person must sign a document stating that:

      (a) The person will appear at all times and places as ordered by the court releasing the person and as ordered by any court before which the charge is subsequently heard;

      (b) The person will comply with the other conditions which have been imposed by the court and are stated in the document; and

      (c) If the person fails to appear when so ordered and is taken into custody outside of this State, the person waives all rights relating to extradition proceedings.

Ê The signed document must be filed with the clerk of the court of competent jurisdiction as soon as practicable, but in no event later than the next business day.

      15.  If a person admitted to bail fails to appear as ordered by a court and the jurisdiction incurs any cost in returning the person to the jurisdiction to stand trial, the person who failed to appear is responsible for paying those costs as restitution.

      16.] For the purposes of subsections 8 and 9, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

      [17.] 11.  As used in this section, “strangulation” has the meaning ascribed to it in NRS 200.481.

      Sec. 3. NRS 178.4851 is hereby amended to read as follows:

      178.4851  1.  [Upon a showing of good cause, a court may release without bail any person entitled to bail if it appears to the court that it can impose conditions on the person that will adequately protect the health, safety and welfare of the community and ensure that the person will appear at all times and places ordered by the court.

      2.  In releasing a person without bail, the court may impose such conditions] Except as otherwise provided in subsection 4, the court shall only impose bail or a condition of release, or both, on a person as it deems to be the least restrictive means necessary to protect the [health,] safety [and welfare] of the community [and] or to ensure that the person will appear at all times and places ordered by the court, [including, without limitation, any condition set forth in subsection 11 of NRS 178.484.

      3.  Upon a showing of good cause, a sheriff or chief of police may release without bail any person charged with a misdemeanor pursuant to standards established by a court of competent jurisdiction.

 


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      4.  Before a person may be released without bail, the] with regard to the factors set forth in NRS 178.4853 and 178.498. Such conditions of release may include, without limitation:

      (a) Requiring the person to remain in this State or a certain county within this State;

      (b) Prohibiting the person from contacting or attempting to contact a specific person or from causing or attempting to cause another person to contact that person on the person’s behalf;

      (c) Prohibiting the person from entering a certain geographic area;

      (d) Prohibiting the person from possessing a firearm during the pendency of the case; or

      (e) Prohibiting the person from engaging in specific conduct that may be harmful to the person’s own health, safety or welfare, or the health, safety or welfare of another person.

      2.  A prosecuting attorney may request that a court impose bail or a condition of release, or both, on a person. If the request includes the imposition of bail, the prosecuting attorney must prove by clear and convincing evidence that the imposition of bail is necessary to protect the safety of the community or to ensure that the person will appear at all times and places ordered by the court, with regard to the factors set forth in NRS 178.4853 and 178.498.

      3.  If a court imposes bail or any condition of release, or both, other than release on recognizance with no other conditions of release, the court shall make findings of fact for such a determination and state its reasoning on the record, and, if the determination includes the imposition of a condition of release, the findings of fact must include why the condition of release constitutes the least restrictive means necessary to protect the safety of the community or to ensure the person will appear at the times and places ordered by the court.

      4.  A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.

      5.  The person must [file with the clerk of the court of competent jurisdiction a signed] sign a document before the person’s release stating that:

      (a) The person will appear at all times and places as ordered by the court releasing the person and as ordered by any court before which the charge is subsequently heard;

      (b) The person will comply with the other conditions which have been imposed by the court and are stated in the document;

      (c) If the person fails to appear when so ordered and is taken into custody outside of this State, the person waives all rights relating to extradition proceedings; and

      (d) The person understands that any court of competent jurisdiction may revoke the order of release without bail and may order the person into custody or require the person to furnish bail or otherwise ensure the protection of the [health,] safety [and welfare] of the community or the person’s appearance [.

      5.], if applicable.

 


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      6.  The document signed pursuant to subsection 5 must be filed with the clerk of the court of competent jurisdiction and becomes effective upon the signature of the person to be released.

      7.  If a person fails to comply with a condition of release imposed pursuant to this section, the court may, after providing the person with reasonable notice and an opportunity for a hearing:

      (a) Deem such conduct a contempt pursuant to NRS 22.010;

      (b) Increase the amount of bail pursuant to NRS 178.499, if applicable; or

      (c) Revoke bail and remand the person into custody.

      8.  If a person fails to appear as ordered by the court and a jurisdiction incurs any costs in returning a person to the jurisdiction to stand trial, the person failing to appear is responsible for paying those costs as restitution.

      [6.]9.  An order issued pursuant to this section that imposes a condition on a person [who is released without bail] must include a provision ordering a law enforcement officer to arrest the person if the law enforcement officer has probable cause to believe that the person has violated a condition of release.

      10.  Nothing in this section shall be construed to require a court to receive the request of a prosecuting attorney before imposing a condition of release.

      Sec. 4. NRS 178.4853 is hereby amended to read as follows:

      178.4853  In [deciding whether there is good cause to release] reviewing the custody status of a person , [without bail,] the court at a minimum shall consider the following factors concerning the person:

      1.  The length of residence in the community;

      2.  The status and history of employment;

      3.  Relationships with the person’s spouse and children, parents or other family members and with close friends;

      4.  Reputation, character and mental condition;

      5.  Prior criminal record, including, without limitation, any record of appearing or failing to appear after release on bail or without bail;

      6.  The identity of responsible members of the community who would vouch for the reliability of the person;

      7.  The nature of the offense with which the person is charged, the apparent probability of conviction and the likely sentence, insofar as these factors relate to the risk of not appearing;

      8.  The nature and seriousness of the danger to the alleged victim, any other person or the community that would be posed by the person’s release;

      9.  The likelihood of more criminal activity by the person after release; and

      10.  Any other factors concerning the person’s ties to the community or bearing on the risk that the person may willfully fail to appear.

      Sec. 5. NRS 178.498 is hereby amended to read as follows:

      178.498  [If the defendant is admitted to bail, the bail must be set at an amount which in the judgment of the magistrate will reasonably ensure the appearance of the defendant and the safety of other persons and of the community, having regard to:] In deciding the amount of bail to impose on a person, the court shall consider:

      1.  The nature and circumstances of the offense charged;

      2.  The financial ability of the defendant to give bail;

      3.  The character of the defendant; and

 


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      4.  The factors listed in NRS 178.4853.

      Sec. 6. NRS 178.502 is hereby amended to read as follows:

      178.502  1.  A person required or permitted to give bail shall execute a bond for the person’s appearance. The magistrate or court or judge or justice, having regard to the considerations set forth in NRS [178.498,] 178.4851, may require one or more sureties or may authorize the acceptance of cash or bonds or notes of the United States in an amount equal to or less than the face amount of the bond.

      2.  Any bond or undertaking for bail must provide that the bond or undertaking:

      (a) Extends to any action or proceeding in a justice court, municipal court or district court arising from the charge on which bail was first given in any of these courts; and

      (b) Remains in effect until exonerated by the court.

Ê This subsection does not require that any bond or undertaking extend to proceedings on appeal.

      3.  If an action or proceeding against a defendant who has been admitted to bail is transferred to another trial court, the bond or undertaking must be transferred to the clerk of the court to which the action or proceeding has been transferred.

      4.  Except as otherwise provided in subsection 5, the court shall exonerate the bond or undertaking for bail if:

      (a) The action or proceeding against a defendant who has been admitted to bail is dismissed; or

      (b) No formal action or proceeding is instituted against a defendant who has been admitted to bail.

      5.  The court may delay exoneration of the bond or undertaking for bail for a period not to exceed 30 days if, at the time the action or proceeding against a defendant who has been admitted to bail is dismissed, the defendant:

      (a) Has been indicted or is charged with a public offense which is the same or substantially similar to the charge upon which bail was first given and which arises out of the same act or omission supporting the charge upon which bail was first given; or

      (b) Requests to remain admitted to bail in anticipation of being later indicted or charged with a public offense which is the same or substantially similar to the charge upon which bail was first given and which arises out of the same act or omission supporting the charge upon which bail was first given.

Ê If the defendant has already been indicted or charged, or is later indicted or charged, with a public offense arising out of the same act or omission supporting the charge upon which bail was first given, the bail must be applied to the public offense for which the defendant has been indicted or charged or is later indicted or charged, and the bond or undertaking must be transferred to the clerk of the appropriate court. Within 10 days after its receipt, the clerk of the court to whom the bail is transferred shall mail or electronically transmit notice of the transfer to the surety on the bond and the bail agent who executed the bond.

      6.  Bail given originally on appeal must be deposited with the magistrate or the clerk of the court from which the appeal is taken.

________

 


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ê2021 Statutes of Nevada, Page 3583ê

 

CHAPTER 533, SB 386

Senate Bill No. 386–Committee on Commerce and Labor

 

CHAPTER 533

 

[Approved: June 8, 2021]

 

AN ACT relating to employment practices; requiring certain employers to provide certain employees with written notices containing certain information in the event of a layoff; requiring an employer to retain certain information relating to a laid-off employee; requiring an employer to offer certain job positions to a laid-off employee under certain circumstances; prohibiting an employer from taking certain adverse actions against certain persons; authorizing civil actions and actions by the Labor Commissioner to enforce certain provisions; providing for the severability of certain provisions by a court under certain circumstances; revising certain requirements for regulations relating to public accommodation facilities and SARS-CoV-2, which must be adopted by the Director of the Department of Health and Human Services; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      On January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency based on the threat caused by the novel coronavirus. Subsequently, the President of the United States and the World Health Organization issued a proclamation and announcement, respectively, regarding the COVID-19 threat. On March 12, 2020, the Governor of Nevada issued the Declaration of Emergency for COVID-19. Since the date of the Declaration of Emergency by the Governor, the Governor has issued numerous COVID-19 declaration of emergency directives, setting forth closures, safety precautions and capacity limitations for public accommodations, other businesses and governmental facilities. As a result of the pandemic, casino, hospitality, stadium and travel-related employers have discharged, laid off and furloughed workers.

      Under existing law, and in the absence of collective bargaining agreements providing applicable protections, workers who were discharged, laid off or furloughed due to the pandemic are not required to be recalled to their previous positions of employment. This bill requires certain employers that discharged, laid off or furloughed employees to offer job positions to those employees under certain conditions.

      Section 3 of this bill sets forth the Legislature’s intent that certain employees have an opportunity to return to their jobs when circumstances permit.

      Section 4 of this bill provides that the provisions of this bill constitute minimum labor standards and do not: (1) preempt or prevent standards which provide employees with greater protections or benefits; or (2) supersede an employee’s right to recall pursuant to a collective bargaining agreement.

      Sections 5-19 of this bill define certain terms applicable to the provisions of this bill.

      Section 20 of this bill requires an employer, in the event of a layoff, to provide an employee who is to be laid off with a written notice containing certain information regarding the layoff and the employee’s right to reemployment.

      Section 21 of this bill requires an employer to retain certain information for 2 years if an employee is laid off.

      Section 22 of this bill: (1) requires an employer to offer a laid-off employee certain job positions; (2) sets forth an order of preference for job offers if multiple eligible employees were laid off; (3) requires the employer to afford a laid-off employee not less than 24 hours within which to accept or decline an offer; (4) requires an employer to provide a laid-off employee with notice of the reasons for declining to recall the laid-off employee under certain circumstances; and (5) sets forth certain circumstances under which an employer is not required to extend additional offers of employment to a laid-off employee.

 


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employee not less than 24 hours within which to accept or decline an offer; (4) requires an employer to provide a laid-off employee with notice of the reasons for declining to recall the laid-off employee under certain circumstances; and (5) sets forth certain circumstances under which an employer is not required to extend additional offers of employment to a laid-off employee.

      Section 23 of this bill prohibits an employer from taking certain adverse actions against certain persons for taking certain actions in relation to the provisions of this bill.

      Section 24 of this bill: (1) authorizes the enforcement of the provisions of this bill by an aggrieved employee through the Labor Commissioner or in a civil action; (2) establishes certain requirements which must be met before an aggrieved employee may file a complaint with the Labor Commissioner or file a civil action; (3) sets forth certain standards for establishing and rebutting certain presumptions concerning violations of the provisions of this bill in such an action; and (4) authorizes the granting of certain awards to a prevailing plaintiff and the imposition of certain penalties for violations of the provisions of this bill.

      Section 25 of this bill: (1) imposes the requirements and duties of the provisions of this bill upon certain employers that conduct certain transactions, reorganizations or relocations of operations; and (2) extends the rights afforded by this bill to laid-off employees of such employers.

      Section 26 of this bill makes the provisions of this bill applicable to all employees other than laid-off employees who are parties to a valid severance agreement, regardless of whether the employees are represented for purposes of collective bargaining or are covered by a collective bargaining agreement.

      Section 27 of this bill prohibits the provisions of this bill from being construed to invalidate or limit certain other rights, remedies or procedures available to an employee.

      Section 28 of this bill provides for the severability of provisions of this bill by a court under certain circumstances.

      Existing law requires the Director of the Department of Health and Human Services to adopt regulations requiring a public accommodation facility to establish standards for cleaning that are designed to reduce the transmission of SARS-CoV-2. (NRS 447.335) Section 28.1 of this bill revises those standards.

      Existing law requires the Director to adopt regulations requiring each public accommodation facility to establish protocols to: (1) limit the transmission of SARS-CoV-2; and (2) train staff concerning the prevention and mitigation of SARS-CoV-2 transmission. (NRS 447.340) Section 28.2 of this bill eliminates the requirement to adopt certain protocols relating to social distancing.

      Existing law requires the Director to adopt regulations requiring each public accommodation facility to establish, implement and maintain a written SARS-CoV-2 response plan that provides testing and time off for employees who have been exposed to SARS-CoV-2, are experiencing the symptoms of COVID-19 or have been diagnosed with COVID-19. (NRS 447.345) Section 28.3 of this bill: (1) eliminates from such response plans certain requirements relating to testing and screening for exposure to SARS-CoV-2; (2) revises provisions governing the circumstances under which an employee who is required to take time off due to COVID-19 must be paid for that time off; and (3) eliminates provisions which authorize an employer who operates a public accommodation facility to submit a request to the Director to increase or decrease the amount of days off required by these provisions.

      Existing law authorizes the Secretary of State to suspend the business license of a person until the person complies, in good faith, with controlling health standards. Under existing law, these provisions expire by limitation on the later of July 1, 2023, or the date on which the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020. (NRS 76.172) Section 28.4 of this bill eliminates the date of expiration so that the provisions do not expire.

 


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      Section 28.5 of this bill: (1) authorizes the Director to amend regulations, if necessary and within 5 business days after the effective date of this bill, to conform to the provisions of sections 28.1, 28.2 and 28.3 of this bill; (2) requires a district board of health of a health district to adopt regulations that are substantively identical to the regulations adopted by the Director within 10 days after the Director adopts such regulations; and (3) provides that any provisions of regulations adopted by the Director or a district board of health of a health district that are in conflict with the provisions of sections 28.1, 28.2 and 28.3 of this bill are unenforceable as of the effective date of this act.

 

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 613 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 28, inclusive, of this act.

      Sec. 2. Sections 2 to 28, inclusive, of this act may be cited as the Nevada Hospitality and Travel Workers Right to Return Act.

      Sec. 3. The Legislature hereby finds that:

      1.  COVID-19, also known as the “Coronavirus Disease,” is a respiratory disease which has spread across the globe, with many thousands of cases in Nevada.

      2.  On January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency based on the threat caused by the novel coronavirus, and, thereafter, the President of the United States issued the Proclamation Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, beginning March 1, 2020.

      3.  The World Health Organization announced on March 11, 2020, that it had characterized COVID-19 as a pandemic.

      4.  On March 12, 2020, the Governor of Nevada issued the Declaration of Emergency for COVID-19, declaring the existence of an emergency in the State.

      5.  On March 13, 2020, the President declared a nationwide emergency pursuant to section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121 et seq.

      6.  Since the Governor’s Declaration of Emergency for COVID-19 on March 12, 2020, the Governor has issued numerous COVID-19 declaration of emergency directives, setting forth closures, safety precautions and capacity limitations for public accommodations, other businesses and governmental facilities and removing such restrictions as appropriate.

      7.  Jobs in the leisure and hospitality sectors are central to this State’s economy and to the well-being of this State as a whole. According to the Budget Division of the Office of Finance, leisure and hospitality jobs constituted a significant portion of total employment in this State during 2019.

      8.  Since the declaration of a national public health emergency on January 31, 2020, the COVID-19 pandemic has caused casino, hospitality, stadium and travel-related employers to discharge, lay off and furlough workers on a massive scale. As of December 2020, according to the Bureau of Labor Statistics of the United States Department of Labor, Nevada experienced a significant annual decrease in leisure and hospitality employment, the largest decline of any sector in Nevada.

 


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ê2021 Statutes of Nevada, Page 3586 (CHAPTER 533, SB 386)ê

 

experienced a significant annual decrease in leisure and hospitality employment, the largest decline of any sector in Nevada.

      9.  Many thousands of casino, hospitality, stadium and travel-related workers have been separated from their jobs already during the pandemic.

      10.  It is in the public interest and beneficial to the public welfare to ensure that the State’s casino, hospitality, stadium and travel-related employers honor their former employees’ right to return to their former positions because doing so will speed the transition back to a functioning labor market and will lessen the damage to the State’s economy. Recalling workers instead of searching for new employees could minimize the time necessary to match employees with jobs and reduce the unemployment rate more quickly.

      11.  It is in the public interest and beneficial to the public welfare to provide laid-off employees in the casino, hospitality, stadium and travel-related sectors with the economic security of knowing that they will have an opportunity to return to their jobs when business returns. In a typical recession, workers who are permanently laid off, without recall, often cycle through short-term jobs before finding a stable job, and many drop out of the labor market altogether. In addition, workers who believe that they are likely to be called back to a steady job are more likely to continue spending money. Ensuring a path to rehiring can relieve workers’ anxiety, which can bolster morale and increase consumer spending, thereby supporting economic recovery.

      Sec. 4. 1.  The purpose of sections 2 to 28, inclusive, of this act is to ensure minimum labor standards.

      2.  The provisions of sections 2 to 28, inclusive, of this act do not:

      (a) Preempt or prevent the establishment of employment standards which are more protective of, or more beneficial for, employees, including, without limitation, higher wages or the expansion of coverage by any other action of this State; or

      (b) Supersede an employee’s right to recall contained in a collective bargaining agreement, which right shall govern in the event of a conflict with an employee’s rights set forth in sections 2 to 28, inclusive, of this act.

      Sec. 5. As used in sections 2 to 28, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 6 to 19, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 6. “Airport” has the meaning ascribed to it in NRS 496.020.

      Sec. 7. 1.  “Airport hospitality operation” means a business that provides food and beverage, retail or other consumer goods or services to the public at an airport.

      2.  The term does not include an air carrier which has been issued an air carrier operating certificate by the Federal Aviation Administration.

      Sec. 8. 1.  “Airport service provider” means a business entity that performs, under contract with a passenger air carrier:

      (a) Functions for the catering of food and beverage; or

      (b) Functions on the property of the airport that are directly related to the air transportation of persons, property or mail, including, without limitation:

             (1) The loading and unloading of property on aircraft;

             (2) Assistance to passengers pursuant to 14 C.F.R. Part 382;

             (3) Security;

             (4) Airport ticketing and check-in;

 


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             (5) Ground-handling of aircraft; and

             (6) Aircraft cleaning, sanitization and waste removal.

      2.  The term does not include an air carrier which has been issued an air carrier operating certificate by the Federal Aviation Administration.

      Sec. 9. “Business entity” means a natural person, corporation, partnership, limited partnership, limited-liability partnership, limited-liability company, business trust, estate, trust, association, joint venture, agency, instrumentality or any other legal or commercial entity, whether domestic or foreign.

      Sec. 10. 1.  Except as otherwise provided in subsection 3, “casino” has the meaning ascribed to the term “licensed gaming establishment” in NRS 463.0169.

      2.  The term includes any contracted, leased or sublet premises that are connected to or operated in conjunction with the purpose of the casino, including, without limitation, facilities for the preparation of food, concessions, retail stores, restaurants, bars and structured parking facilities.

      3.  The term does not include:

      (a) A restricted operation; or

      (b) A licensed gaming establishment, as defined in NRS 463.0169, which operates solely pursuant to a restricted license.

      Sec. 11. “Covered enterprise” means an airport hospitality operation, an airport service provider, a casino, an event center or a hotel that is located in a county whose population is 100,000 or more.

      Sec. 12. 1.  Except as otherwise provided in subsection 2, “employee” has the meaning ascribed to it in NRS 608.010.

      2.  The term does not include:

      (a) Any employee who is:

             (1) Employed in a managerial or executive capacity; and

             (2) Exempt from the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., pursuant to 29 U.S.C. § 213(a)(1); or

      (b) Any person who is engaged as a theatrical or stage performer, including, without limitation, at an exhibition.

      Sec. 13. “Employer” means any business entity which directly or indirectly through an agent or any other business entity, including through the services of a temporary employment service, staffing agency or similar entity, owns or operates a covered enterprise within this State and:

      1.  Employs or exercises control over the wages, hours or working conditions of 30 or more employees; or

      2.  Employed or exercised control over the wages, hours or working conditions of 30 or more employees on March 12, 2020.

      Sec. 14. 1.  “Event center” means a publicly or privately owned structure of more than 50,000 square feet or containing more than 5,000 seats that is used for the purposes of public performances, sporting events, business meetings or similar events and includes, without limitation, a concert hall, stadium, sports arena, race track, coliseum or convention center.

      2.  The term includes any contracted, leased or sublet premises that are connected to or operated in conjunction with the purpose of the event center, including, without limitation, facilities for the preparation of food, concessions, retail stores, restaurants, bars and structured parking facilities.

 


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      Sec. 15. 1.  “Hotel” means:

      (a) A resort hotel; or

      (b) Any other residential building that:

             (1) Is designated or used for lodging and other related services for the public, including, without limitation, the preparation and service of food and beverages, trade shows and conventions; and

             (2) Contains not less than 200 guest rooms or suites of rooms. For the purposes of this paragraph, adjoining rooms do not constitute a suite of rooms.

      2.  The term also includes any contracted, leased or sublet premises that:

      (a) Is connected to or operated in conjunction with the purpose of the resort hotel or residential building; or

      (b) Provides services at the resort hotel or residential building.

      Sec. 16. “Laid-off employee” means an employee:

      1.  Who was employed by an employer for not less than 6 months during the 12 months immediately preceding March 12, 2020; and

      2.  Whose most recent separation from active service for that employer:

      (a) Occurred after March 12, 2020; and

      (b) Was due to a governmental order, lack of business, reduction in force or another economic, nondisciplinary reason.

      Sec. 17. “Length of service” means the total of all periods of time during which an employee has been in active service, including periods of time during which the employee was on leave or on vacation.

      Sec. 18. “Resort hotel” means:

      1.  A resort hotel, as defined in NRS 463.01865;

      2.  An establishment described in section 19 of chapter 452, Statutes of Nevada 1997; or

      3.  A resort hotel described in section 20 of chapter 452, Statutes of Nevada 1997.

      Sec. 18.5. “Restricted license” and “restricted operation” have the meaning ascribed to those terms in NRS 463.0189.

      Sec. 19. “Structured parking facility” means a parking deck, parking garage, parking structure or paved or unpaved parking lot.

      Sec. 20. 1.  In the event of a layoff, an employer shall provide an employee who is to be laid off with written notice of the layoff, either in person or mailed to the last known address of the employee and, if the employer possesses such contact information, by telephone, text message or electronic mail.

      2.  The employer shall provide the notice required by this section at the time of the layoff or, if the layoff took place before the effective date of this act, not later than 20 days after the effective date of this act.

      3.  The employer shall provide the notice required by this section to each affected employee in Spanish, English and any other language that is spoken by not less than 10 percent of the employer’s workforce.

      4.  The notice required by this section must include:

      (a) A notice of the layoff and the effective date of the layoff.

      (b) A summary of the right to reemployment pursuant to sections 2 to 28, inclusive, of this act or clear instructions on the means by which the employee may access the information regarding that right.

 


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      (c) Contact information for the person who the employer has designated to receive, on behalf of the employer, an aggrieved employee’s written notice of an alleged violation pursuant to paragraph (a) of subsection 2 of section 24 of this act.

      Sec. 21. 1.  An employer shall retain the following records for not less than 2 years after an employee is laid off:

      (a) The full legal name of the employee;

      (b) The job classification of the employee at the time of the separation from employment;

      (c) The date of hire of the employee;

      (d) The last known address of the employee;

      (e) The last known electronic mail address of the employee;

      (f) The last known telephone number of the employee;

      (g) A copy of the written notice regarding the layoff that was provided to the employee; and

      (h) Records of each offer made by the employer to the employee pursuant to subsection 1 of section 22 of this act, including, without limitation, the date and time of each offer.

      2.  For the purposes of this section, 2 years is measured from the date of the written notice provided by the employer to the laid-off employee pursuant to section 20 of this act.

      Sec. 22. 1.  An employer shall offer a laid-off employee in writing, by mail to the last known address of the employee and, if the employer possesses such contact information, by telephone, text message or electronic mail, each job position:

      (a) Which becomes available after the effective date of this act; and

      (b) For which the laid-off employee is qualified. A laid-off employee is qualified for a job position pursuant to this paragraph if the laid-off employee:

             (1) Held the same position at the covered enterprise at the time of the laid-off employee’s most recent separation from active service with the employer; or

             (2) Held a similar position within the same job classification at the covered enterprise at the time of the laid-off employee’s most recent separation from active service with the employer.

      2.  An employer shall offer job positions to laid-off employees in an order of preference corresponding to subparagraphs (1) and (2) of paragraph (b) of subsection 1. If more than one laid-off employee is entitled to preference for a position, the employer must first offer the position to the laid-off employee with the greatest length of service for the covered enterprise.

      3.  An employer may extend simultaneous conditional offers of employment to laid-off employees with a final offer of employment conditioned on application of the order of preference set forth in subparagraphs (1) and (2) of paragraph (b) of subsection 1.

      4.  An employer who offers a laid-off employee a job position pursuant to this section shall afford the employee not less than 24 hours after the time of the employee’s receipt of the offer to accept or decline the offer. A laid-off employee who is offered a job position pursuant to this section must be available to return to work within 5 calendar days after accepting the offer. If a laid-off employee who is offered a job position pursuant to this section:

 


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ê2021 Statutes of Nevada, Page 3590 (CHAPTER 533, SB 386)ê

 

      (a) Does not accept or decline the offer within 24 hours; or

      (b) Is not available to return to work within 5 calendar days after accepting the offer,

Ê the employer may recall the next available employee with the greatest length of service for the covered enterprise.

      5.  An employer who declines to recall a laid-off employee because the employee lacks qualifications and hires a person other than the laid-off employee shall, not later than 30 days after making that decision, provide the laid-off employee with a written notice of the decision identifying all the reasons for the decision.

      6.  An employer is not required to extend additional offers of employment to a laid-off employee pursuant to this section if any of the following applies:

      (a) The employee states in writing that:

             (1) The employee does not wish to be considered for future open positions with the employer; or

             (2) The employee does not wish to be considered for future open positions with the employer which have regularly scheduled hours of work that are different from those which the employee worked immediately before his or her last separation from active service with the employer.

      (b) The employer extends three bona fide offers of employment to the employee, with not less than 3 weeks between each offer, and the employee declines all three offers. For purposes of this paragraph, “bona fide offer” means an offer of employment in the same or a similar job classification and with a comparable number of regularly scheduled hours of work as the employee worked immediately before his or her last separation from active service with the employer.

      (c) The employer attempts to make three offers of employment to the employee using the methods described in subsection 1 and:

             (1) Each offer made by mail is returned as undeliverable;

             (2) If the employer has the electronic mail address of the employee, any offer made by electronic mail is returned as undeliverable; and

             (3) If the employer has contact information provided by the employee for telephone calls or text messages, the number provided for such calls or messages is no longer in service.

      Sec. 23. An employer shall not terminate, reduce in compensation, refuse to employ or otherwise take any adverse action against:

      1.  Any person for:

      (a) Seeking to enforce by any lawful means his or her rights pursuant to sections 2 to 28, inclusive, of this act;

      (b) Participating in proceedings pursuant to sections 2 to 28, inclusive, of this act; or

      (c) Opposing any practice proscribed by sections 2 to 28, inclusive, of this act.

      2.  An employee who mistakenly, but in good faith, alleges noncompliance with sections 2 to 28, inclusive, of this act.

      Sec. 24. 1.  The provisions of sections 2 to 28, inclusive, of this act may be enforced by an aggrieved employee through the Labor Commissioner or in a civil action in any court of competent jurisdiction.

      2.  An aggrieved employee may file a complaint with the Labor Commissioner or file a civil action in any court of competent jurisdiction alleging a violation of the provisions of sections 2 to 28, inclusive, of this act only after the following requirements are met:

 


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ê2021 Statutes of Nevada, Page 3591 (CHAPTER 533, SB 386)ê

 

alleging a violation of the provisions of sections 2 to 28, inclusive, of this act only after the following requirements are met:

      (a) The employee provides the employer with written notice, including, without limitation, by electronic mail, of the alleged violation and any facts known by the employee to support the allegation of the violation; and

      (b) The employer is afforded 15 days after the date of receipt of the written notice to cure any alleged violation.

      3.  There is a rebuttable presumption that an employer’s action is taken in violation of section 23 of this act if it is established that:

      (a) A laid-off employee exercised rights pursuant to the provisions of sections 2 to 28, inclusive, of this act or alleged in good faith that the employer was not complying with the provisions of sections 2 to 28, inclusive, of this act;

      (b) The employer thereafter terminated, demoted or otherwise took adverse action against the employee; and

      (c) The employer took the action described in paragraph (b) against the employee not later than 60 days after the employee exercised rights or made an allegation described in paragraph (a).

      4.  An employer may rebut a presumption created pursuant to subsection 3 by proving that the true and entire reason for the action taken pursuant to paragraph (b) of subsection 3 was a legitimate business reason. The plaintiff in the action may rebut the legitimate business reason asserted by the employer by showing that the reason was, in fact, a pretext.

      5.  An employee or employees who establish a violation of sections 2 to 28, inclusive, of this act may be awarded any or all of the following, as appropriate:

      (a) Rights of hiring and reinstatement.

      (b) Future and back pay for each day during which the violation continues, which shall be calculated at a rate of compensation not less than the greatest of any of the following rates:

             (1) The average regular rate of pay received by the laid-off employee during the last 3 years of that employee’s employment in the same job classification.

             (2) The most recent regular rate of pay received by the laid-off employee while employed by the employer.

             (3) The regular rate of pay received by an employee occupying the job position in place of the laid-off employee who should have been employed in that position.

             (4) The value of the benefits which the laid-off employee would have received under the benefit plan provided by the employer.

      6.  Any employer, agent of the employer or other person who violates or causes to be violated any provision of sections 2 to 28, inclusive, of this act shall be subject to:

      (a) A civil penalty of $100 for each employee whose rights under the provisions of sections 2 to 28, inclusive, of this act are violated; and

      (b) The imposition of an additional sum payable to each employee as compensatory and liquidated damages in the amount of $500 for each day the rights provided to that employee pursuant to sections 2 to 28, inclusive, of this act are violated. Such damages shall be continuing until such time as the violation is cured.

      7.  The Labor Commissioner or the court may also award attorney’s fees to a prevailing plaintiff in an action filed pursuant to this section.

 


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ê2021 Statutes of Nevada, Page 3592 (CHAPTER 533, SB 386)ê

 

      8.  No criminal penalties may be imposed for a violation of sections 2 to 28, inclusive, of this act.

      Sec. 25. 1.  An employer that, on or after January 31, 2020:

      (a) Purchases or otherwise acquires the ownership of another employer which owns or operates a covered enterprise; and

      (b) Conducts the same or similar operations as those which were conducted by the employer that owned or operated the covered enterprise before the date of the purchase or acquisition,

Ê is subject to the provisions of sections 2 to 28, inclusive, of this act as if the purchasing or acquiring employer was the employer that owned or operated the covered enterprise before the date of the purchase or acquisition and owes to a laid-off employee the rights afforded by sections 2 to 28, inclusive, of this act.

      2.  An employer that, on or after January 31, 2020:

      (a) Purchases or otherwise acquires all or substantially all of the assets of an employer that owned or operated a covered enterprise; and

      (b) With those assets, conducts the same or similar operations as those which were conducted by the employer that conducted operations with those assets before the date of the purchase or acquisition,

Ê is subject to the provisions of sections 2 to 28, inclusive, of this act as if the employer which purchased or acquired the assets was the employer that conducted operations with those assets before the date of the purchase or acquisition and owes to a laid-off employee the rights afforded by sections 2 to 28, inclusive, of this act.

      3.  An employer which:

      (a) Owns or operates a covered enterprise; and

      (b) On or after January 31, 2020, changes the employer’s form of organization but continues to own or operate the covered enterprise,

Ê remains subject to the provisions of sections 2 to 28, inclusive, of this act and owes to a laid-off employee the rights afforded by sections 2 to 28, inclusive, of this act.

      4.  An employer which moves operations from a location at which a laid-off employee was employed before January 31, 2020, to a different location within this State remains subject to the provisions of sections 2 to 28, inclusive, of this act and owes to the laid-off employee the rights afforded by sections 2 to 28, inclusive, of this act.

      Sec. 26. 1.  Except as otherwise provided in subsection 2, the provisions of sections 2 to 28, inclusive, of this act apply to all employees, as defined in section 12 of this act, regardless of whether the employees are represented for purposes of collective bargaining or are covered by a collective bargaining agreement.

      2.  The provisions of sections 2 to 28, inclusive, of this act do not apply to a laid-off employee who is a party to a valid severance agreement.

      Sec. 27. The provisions of sections 2 to 28, inclusive, of this act shall not be construed to:

      1.  Invalidate or limit the rights, remedies and procedures of any contract or agreement that provides greater or equal protection for employees than are afforded by the provisions of sections 2 to 28, inclusive, of this act, notwithstanding the provisions of section 26 of this act.

      2.  Limit a discharged employee’s right to bring a cause of action for wrongful termination under common law.

 


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ê2021 Statutes of Nevada, Page 3593 (CHAPTER 533, SB 386)ê

 

      Sec. 28. 1.  If any section, sentence, clause or phrase of sections 2 to 28, inclusive, of this act is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of sections 2 to 28, inclusive, of this act, which shall remain in full force and effect.

      2.  The Legislature hereby declares that it would have adopted the provisions of sections 2 to 28, inclusive, of this act and each and every section, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of sections 2 to 28, inclusive, of this act were subsequently declared invalid or unconstitutional.

      3.  The courts are hereby authorized to reform the provisions of sections 2 to 28, inclusive, of this act in order to preserve the maximum permissible effect of each section therein.

      Sec. 28.1. NRS 447.335 is hereby amended to read as follows:

      447.335  1.  The Director shall adopt regulations requiring a public accommodation facility to establish standards for cleaning that are designed to reduce the transmission of SARS-CoV-2. Those standards must require only the following and with no greater frequency than provided in this section:

      (a) [The use of cleaning products that are qualified by the United States Environmental Protection Agency for use against SARS-CoV-2 for the cleaning required by paragraphs (b) to (p), inclusive.

      (b)] Desks, tabletops, [minibars that have been used after the most recent cleaning,] interior and exterior handles of doors, faucets, toilets, [nonporous headboards of beds,] light switches, remote controls, telephones, keyboards [,] and touch screens [, bed linens, towels, bed scarves and other decorative items on beds] in guest rooms to be cleaned every day that the room is in use unless the guest using the room declines in-room housekeeping.

      [(c)](b) The following high-contact areas and items in locations used by the public and employees to be cleaned [regularly throughout the day] daily while in use:

             (1) Fixtures with which guests and employees may be expected to have regular physical contact;

             (2) Doors and door handles at exterior entrances;

             (3) Door handles at interior entrances regularly accessed by guests and employees;

             (4) Regularly used computer keyboards, touch screens, credit card readers, printers, telephones, light switches, ice machines, vending machines and other frequently used instruments and equipment; and

             (5) Countertops and desks in entrance areas and other high-usage areas.

      [(d)](c) Glass surfaces, desks, tabletops, door handles and light switches in public areas to be cleaned [regularly throughout the day] daily while in use.

      [(e)](d) Counters, desks, touch screens, keyboards, credit card readers and desktops in front desk areas to be cleaned [regularly throughout the day] daily while in use.

      [(f)](e) Key cards and other types of keys for accessing rooms to be cleaned before those key cards or other keys are issued to another guest or removed from circulation for at least 24 hours after a guest checks out.

 


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ê2021 Statutes of Nevada, Page 3594 (CHAPTER 533, SB 386)ê

 

      [(g)](f) Elevator buttons and rails in guest and service elevators to be cleaned [regularly throughout the day] daily if the elevator is in use.

      [(h)](g) Sinks, faucets, walls, toilets, toilet paper dispensers and door handles in employee and public restrooms to be cleaned regularly throughout the day while in use.

      [(i)](h) Work surfaces, tables, utensils, counters, touch screens and keyboards in areas used for food preparation to be cleaned regularly throughout the day.

      [(j)](i) Tables, desks, tabletops, door handles and light switches in shared offices, employee locker rooms and employee cafeterias to be cleaned [regularly throughout the day] daily while in use.

      [(k)](j) Exercise equipment, weights, tables, countertops, chairs, lockers and benches in fitness centers to be cleaned [regularly throughout the day] daily while in use.

      [(l)](k) Tabletops in meeting rooms to be cleaned while in use.

      [(m)](l) Tables, bartops, menus and check presentation holders in bar and dining facilities to be cleaned [after use by a guest.

      (n)]daily.

      (m) Touch screens and keyboards in bar and dining facilities to be cleaned [regularly while in use.

      (o)]daily.

      (n) Soiled laundry to be cleaned as necessary.

      [(p)](o) Laundry carts and hampers to be cleaned [regularly throughout the day] daily while in use.

      2.  A public accommodation facility shall not advise or incentivize guests to decline daily in-room housekeeping.

      3.  An employer operating a public accommodation facility shall conspicuously post at each employee entrance and on each bulletin board where the facility regularly posts official communications with employees:

      (a) A one-page summary of the standards adopted pursuant to subsection 1; and

      (b) A list of key contact persons at public health agencies.

      4.  An employer operating a public accommodation facility shall make available to employees or their bargaining representative a physical or electronic copy of the standards adopted pursuant to subsection 1 upon request at no cost.

      Sec. 28.2.NRS 447.340 is hereby amended to read as follows:

      447.340  The Director shall adopt regulations requiring each public accommodation facility to establish protocols to:

      1.  Limit the transmission of SARS-CoV-2. Such protocols, must include only the following:

      (a) [Methods to encourage, to the extent reasonably possible:

             (1) Employees to remain at least 6 feet apart from other employees and guests during their work and while on break.

             (2) Guests to remain at least 6 feet apart from employees and other guests.

      (b) A requirement that employee breaks must be structured to allow social distancing to the maximum extent recommended by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.

      (c) A requirement that workstations must be separated by physical barriers or structured to allow social distancing where practicable to the maximum extent recommended by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.

 


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ê2021 Statutes of Nevada, Page 3595 (CHAPTER 533, SB 386)ê

 

maximum extent recommended by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.

      (d)] Requirements concerning the frequency of hand cleaning for employees.

      [(e)](b) A requirement that each employee be provided with access to a sink with soap and water for hand washing or hand sanitizer containing at least 60 percent alcohol within reasonable proximity to the work area of the employee.

      [(f)](c) Policies providing for the availability of hand sanitizer containing at least 60 percent alcohol near locations where employee meetings are held, breakrooms and cafeterias for employees, front desks, bell desks, lobbies, entrances to food and beverage service and preparation areas, principal entrances to the facility and, in a resort hotel, on the casino floor, if:

             (1) Those areas are not near hand washing facilities with soap and water; and

             (2) A supply of hand sanitizer containing at least 60 percent alcohol is generally available.

      [(g)](d) Policies for the distribution, at no cost to the employee, of masks and, where appropriate, gloves, based on public health concerns.

      2.  Train staff concerning the prevention and mitigation of SARS-CoV-2 transmission in the manner prescribed by the Director.

      Sec. 28.3.NRS 447.345 is hereby amended to read as follows:

      447.345  1.  The Director shall adopt regulations requiring each public accommodation facility to establish, implement and maintain a written SARS-CoV-2 response plan designed to monitor and respond to instances and potential instances of SARS-CoV-2 infection among employees and guests. The plan must include only the following:

      (a) The designation of a person or persons responsible for overseeing and carrying out on-site enforcement of the plan. The regulations must not require such a person or persons to be on-site at all times.

      (b) [A requirement that each new employee and each employee returning to work for the first time after March 13, 2020, must undergo testing for SARS-CoV-2, if such testing is available.

      (c) The designation of an area of the public accommodation facility where employees will check in every day to receive contact-free temperature measurement and review questions to screen for exposure to SARS-CoV-2.

      (d)] Requirements that:

             (1) The public accommodation facility must notify each employee who is known to have had close contact with a guest or employee who has been diagnosed with COVID-19 not later than 24 hours or as soon as practicable after the employer learns of the diagnosis . [; and]

             (2) Each such employee must undergo testing for SARS-CoV-2 and, in addition to any other leave to which the employee is entitled, be given:

                   (I) Not more than 3 days of [paid] time off to await testing and testing results; and

                   (II) Additional [paid] time off if the public accommodation facility receives documentation of a delay in testing or receiving testing results that exceeds 3 days.

      [(e)](3) For each such employee who is fully vaccinated for COVID-19 or who has a verified underlying medical condition that prevents the employee from receiving a vaccination for COVID-19, the time off required pursuant to subparagraph (2) must be paid time off.

 


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ê2021 Statutes of Nevada, Page 3596 (CHAPTER 533, SB 386)ê

 

      (c) A requirement that each employee who otherwise has a reasonable belief or has been advised that he or she has been in close contact with a person who has tested positive for SARS-CoV-2 must undergo testing for SARS-CoV-2.

      [(f)](d) Requirements that each employee who notifies his or her employer that he or she is experiencing symptoms of COVID-19:

             (1) Must undergo testing for SARS-CoV-2; and

             (2) Must not return to work while awaiting the results of that testing.

      [(g)](e) Requirements that each employee described in paragraph [(e) or (f)] (c) and notifies his or her employer that he or she is experiencing symptoms of COVID-19 or who is described in paragraph (d) must, in addition to any other leave to which the employee is entitled, be given for the first occurrence on which the employee gives the employer such notification:

             (1) Not more than 3 days of [paid] time off to await testing and testing results . [; and]

             (2) Additional [paid] time off if the public accommodation facility receives documentation of a delay in testing or receiving testing results that exceeds 3 days.

      [(h)](3) For each such employee who is fully vaccinated for COVID-19 or who has a verified underlying medical condition that prevents the employee from receiving a vaccination for COVID-19, the time off required pursuant to subparagraphs (1) and (2) must be paid time off.

      (f) A requirement that [, except as otherwise provided in subsection 3,] each employee who tests positive for SARS-CoV-2 or is otherwise diagnosed with COVID-19 and is working or has been recalled to work at the time of the result or diagnosis must be allowed to take at least 14 days off . [,] For each such employee who is fully vaccinated for COVID-19 or who has a verified underlying medical condition that prevents the employee from receiving a vaccination for COVID-19, at least 10 of [which] the 14 days described in this paragraph must be paid time off.

      [(i)](g) A requirement that testing for SARS-CoV-2 required by this section must be:

             (1) Provided at no cost to the employee; and

             (2) Performed on-site or at a testing facility selected by the public accommodation facility.

      [(j)](h) A requirement that an employee that is required to be tested pursuant to this section authorize the provision of or provide the testing results to the public accommodation facility.

      [(k)](i) A requirement that any guest who reports testing positive for SARS-CoV-2 or being diagnosed with COVID-19 must be requested to leave the public accommodation facility if practicable and seek medical attention.

      [(l)](j) A requirement that information pertaining to employees and guests who test positive for SARS-CoV-2 or who are diagnosed with or report symptoms of COVID-19 must be kept confidential, unless the employee or guest agrees otherwise and except as required to be disclosed to public health officials and for purposes of contact tracing or cleaning.

      2.  The regulations adopted pursuant to this section must define the term “close contact” to have the meaning most recently ascribed to it by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services for the purpose of determining when a person has been in close contact with another person who has tested positive for SARS-CoV-2.

 


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ê2021 Statutes of Nevada, Page 3597 (CHAPTER 533, SB 386)ê

 

of Health and Human Services for the purpose of determining when a person has been in close contact with another person who has tested positive for SARS-CoV-2.

      3.  [An employer who operates a public accommodation facility may submit a request to the Director to increase or decrease the amount of days off required by paragraph (h) of subsection 1. The Director may grant such a request if it is consistent with the recommendations of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services concerning time off for employees who test positive for SARS-CoV-2 or are otherwise diagnosed with COVID-19.

      4.]  For the purposes of this section, paid time off must be calculated at the base rate of pay for the employee. Paid time off taken pursuant to this section:

      (a) Must not be deducted from paid time off provided to the employee pursuant to NRS 608.0197 or a policy or contract of the public accommodation facility.

      (b) May be deducted from paid sick leave provided pursuant to section 5102(a)(1)-(3) of the Families First Coronavirus Response Act, P.L. 116-127.

      [5.]4.  The health authority may require a public accommodation facility that is not under the jurisdiction of the Nevada Gaming Control Board to submit a written SARS-CoV-2 response plan to the health authority. Except as otherwise provided in this section and notwithstanding any other law, a written SARS-CoV-2 response plan submitted to the health authority is confidential. The health authority may disclose all or a part of such a plan upon:

      (a) The request of an authorized agent of the Federal Government, a foreign government or a state or local governmental entity in this State or any of the several states, territories, possessions and dependencies of the United States, the District of Columbia or Puerto Rico.

      (b) The order of a court of competent jurisdiction.

      (c) Specific authorization of the chief administrative officer of the health district or, in a location that is not part of a health district, the Chief Medical Officer.

      [6.]5.  The Nevada Gaming Control Board may require a public accommodation facility that is under the jurisdiction of the Board to submit a written SARS-CoV-2 response plan to the Board, either alone or as part of an emergency response plan adopted pursuant to NRS 463.790.

      [7.]6.  The provisions of this section must not be construed to preclude an employee who is exposed to or tests positive for SARS-CoV-2 or is diagnosed with COVID-19 from choosing to perform his or her duties remotely instead of taking time off if the job duties of the employee are conducive to remote work.

      7.  As used in this section:

      (a) “Fully vaccinated for COVID-19” has the meaning most recently ascribed to it by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.

      (b) “Verified underlying medical condition that prevents the employee from receiving a vaccination for COVID-19” means a condition of an employee for whom the SARS-CoV-2 vaccine is not recommended because of a medical exemption that is documented by a note provided by a licensed physician and provided to the employer.

 


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ê2021 Statutes of Nevada, Page 3598 (CHAPTER 533, SB 386)ê

 

      Sec. 28.4.Section 39 of chapter 8, Statutes of Nevada 2020, 32nd Special Session, at page 114, is hereby amended to read as follows:

       Sec. 39.  [1.]  This act becomes effective upon passage and approval.

       [2.  Section 30 of this act expires by limitation on the later of:

       (a) The date on which the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020; or

       (b) July 1, 2023.]

      Sec. 28.5. 1.  The Director of the Department of Health and Human Services may, if necessary and not later than 5 business days after the date on which this act becomes effective, amend regulations adopted pursuant to the provisions of NRS 447.335, 447.340 and 447.345, as amended by sections 28.1, 28.2 and 28.3, respectively, of this act to conform to those provisions.

      2.  Notwithstanding the 15-day requirement set forth in NRS 447.355, a district board of health of a health district shall, pursuant to NRS 447.355, adopt regulations that are substantively identical to the regulations adopted by the Director of the Department of Health and Human Services pursuant to subsection 1 within 10 days after the adoption of the regulations by the Director pursuant to subsection 1.

      3.  Any provision of the regulations adopted by the Director or a district board of health of a health district that are in conflict with the provisions of NRS 447.335, 447.340 or 447.345, as amended by sections 28.1, 28.2 and 28.3, respectively, of this act are unenforceable as of the effective date of this act.

      Sec. 28.6.  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. 28.7.  Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.

      Sec. 29.  1.  This section and sections 28.1 to 28.7, inclusive, of this act become effective upon the later of:

      (a) Passage and approval; or

      (b) June 1, 2021.

      2.  Sections 1 to 28, inclusive, of this act become effective on July 1, 2021, and expire by limitation on the later of:

      (a) The date on which the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020; or

      (b) August 31, 2022.

________

 


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ê2021 Statutes of Nevada, Page 3599ê

 

CHAPTER 534, SB 404

Senate Bill No. 404–Committee on Finance

 

CHAPTER 534

 

[Approved: June 8, 2021]

 

AN ACT relating to cannabis; authorizing the State Sealer of Consumer Equitability to adopt and enforce regulations relating to cannabis weighing and measuring equipment; requiring the State Sealer of Consumer Equitability to ensure that cannabis weighing and measuring equipment is suitable for its intended use, properly installed, accurate and maintained by its owner or user; requiring the State Sealer of Consumer Equitability to inspect and test certain cannabis weighing and measuring equipment; authorizing the State Sealer of Consumer Equitability to establish an annual fee for certain cannabis weighing and measuring equipment; prohibiting a person from having or in his or her possession or selling or offering to sell an incorrect weight or measure for use in a cannabis establishment; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the State Sealer of Consumer Equitability to adopt regulations for the submission for approval of types and designs of weights and measures and commercial weighing and measuring equipment. (NRS 581.050) Section 5 of this bill authorizes the State Sealer of Consumer Equitability to adopt such regulations for cannabis weighing and measuring equipment, which is defined by section 3 of this bill as weights, measures, weighing devices and measuring devices used in cannabis establishments. Section 4 of this bill makes a conforming change to indicate the placement of sections 2 and 3 of this bill in the Nevada Revised Statutes. Section 6 of this bill authorizes the Sealer of Consumer Equitability to enforce such regulations. Section 7 of this bill requires the State Sealer of Consumer Equitability to ensure that cannabis weighing and measuring equipment is suitable for its intended use, is properly installed and accurate and is so maintained by its owner or user. Section 8 of this bill requires the State Sealer of Consumer Equitability to inspect and test, to ascertain if it is correct, all cannabis weighing and measuring equipment, other than equipment that is used for a noncommercial purpose by a cannabis independent testing laboratory. Section 9 of this bill authorizes the State Sealer of Consumer Equitability to establish an annual license fee for cannabis weighing and measuring equipment required to be inspected and tested by the State Sealer of Consumer Equitability. Section 10 of this bill prohibits a person from having an incorrect weight or measure in his or her possession in a cannabis establishment. Section 10 additionally prohibits a person from selling or offering for sale an incorrect weight or measure for use in a cannabis establishment.

      Existing law requires an applicant for a license to operate a cannabis independent testing laboratory to agree to become accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization within 1 year after licensure. Section 10.5 of this bill requires such an accreditation to be issued by an impartial organization that operates in accordance with standard ISO/IEC 17011 of the International Organization for Standardization and is a signatory to the Mutual Recognition Arrangement of the International Laboratory Accreditation Cooperation.

 


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ê2021 Statutes of Nevada, Page 3600 (CHAPTER 534, SB 404)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 581 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. “Cannabis establishment” has the meaning ascribed to it in NRS 678A.095.

      Sec. 3. “Cannabis weighing and measuring equipment” means weights, measures, weighing devices and measuring devices used in cannabis establishments.

      Sec. 4. NRS 581.001 is hereby amended to read as follows:

      581.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 581.002 to 581.022, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 5. NRS 581.050 is hereby amended to read as follows:

      581.050  1.  The State Sealer of Consumer Equitability may:

      (a) Adopt regulations necessary to carry out the provisions of this chapter.

      (b) Ensure that those regulations comply, insofar as practicable, with the specifications, tolerances and regulations recommended by the National Institute of Standards and Technology.

      (c) Adopt regulations for the submission for approval of types and designs of weights and measures , [and] commercial weighing and measuring equipment [.] and cannabis weighing and measuring equipment.

      2.  The State Sealer of Consumer Equitability shall adopt regulations which prescribe the:

      (a) Standards for weighing and measuring devices;

      (b) Requirements for the issuance of a certificate of registration pursuant to NRS 581.103; and

      (c) Standards for the equipment used to repair or adjust weighing or measuring devices.

      Sec. 6. NRS 581.057 is hereby amended to read as follows:

      581.057  The State Sealer of Consumer Equitability may, if necessary for the enforcement of this chapter and any regulations adopted pursuant thereto:

      1.  Enter any commercial premises or cannabis establishment during normal business hours upon presenting his or her credentials.

      2.  Issue stop-use, hold and removal orders for any weights and measures commercially used [,] or used in a cannabis establishment, and issue stop-sale, hold and removal orders for any packaged commodities or bulk sale commodities that are kept, offered or exposed for sale.

      3.  Seize, for use as evidence, without formal warrant, any incorrect or unapproved weight, measure, package or commodity found to be used, retained, offered or exposed for sale, or sold in violation of any provision of this chapter or any regulation adopted pursuant thereto.

      4.  Stop any commercial vehicle and, after presentation of his or her credentials, inspect the contents of the vehicle, require the person in charge of the vehicle to produce any documents in the person’s possession concerning the contents of the vehicle, and require that person to proceed with the vehicle to some specified place for inspection.

 


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ê2021 Statutes of Nevada, Page 3601 (CHAPTER 534, SB 404)ê

 

of the vehicle to produce any documents in the person’s possession concerning the contents of the vehicle, and require that person to proceed with the vehicle to some specified place for inspection.

      Sec. 7. NRS 581.065 is hereby amended to read as follows:

      581.065  The State Sealer of Consumer Equitability shall:

      1.  Ensure that weights and measures used in commercial services and cannabis establishments within this state are suitable for their intended use, are properly installed and accurate, and are so maintained by their owner or user.

      2.  Prevent unfair or deceptive dealing by weight or measure in any commodity or service advertised, packaged, sold or purchased within this state.

      3.  Make available to all users of physical standards, or of weighing and measuring equipment, the precision calibration and related metrological certification capabilities of the facilities of the Division.

      4.  Promote uniformity, to the extent practicable and desirable, between the requirements relating to weights and measures of this state and similar requirements of other states and federal agencies.

      5.  Adopt regulations establishing such requirements relating to weights and measures as are necessary to ensure equity between buyers and sellers, and thereby encourage desirable economic growth while protecting consumers.

      Sec. 8. NRS 581.067 is hereby amended to read as follows:

      581.067  The State Sealer of Consumer Equitability shall:

      1.  Adopt regulations establishing such primary standards and secondary standards for weights and measures for use in this State as the State Sealer of Consumer Equitability determines appropriate.

      2.  Maintain traceability of the state standards to the national standards of the National Institute of Standards and Technology.

      3.  Enforce the provisions of this chapter.

      4.  Adopt other reasonable regulations for the enforcement of this chapter.

      5.  Establish requirements for:

      (a) Labeling;

      (b) The presentation of information relating to cost per unit;

      (c) Standards of weight, measure or count, and reasonable standards of fill, for any packaged commodity; and

      (d) Information relating to open dating of packaged food.

      6.  Grant such exemptions from the provisions of this chapter or any regulations adopted pursuant thereto as the State Sealer of Consumer Equitability determines appropriate to the maintenance of good commercial practices within this State.

      7.  Conduct investigations to ensure compliance with this chapter.

      8.  Delegate to appropriate personnel any of the responsibilities of the Division as needed for the proper administration of the Division.

      9.  Adopt regulations establishing a schedule of civil penalties for any violation of NRS 581.415 and for any point-of-sale system or cash register determined not to be in compliance with the provisions of subsection [19.] 20.

 


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ê2021 Statutes of Nevada, Page 3602 (CHAPTER 534, SB 404)ê

 

      10.  Inspect and test commercial weights and measures that are kept, offered or exposed for sale.

      11.  Inspect and test, to ascertain if they are correct, weights and measures that are commercially used to:

      (a) Determine the weight, measure or count of commodities or things that are sold, or offered or exposed for sale, on the basis of weight, measure or count; or

      (b) Compute the basic charge or payment for services rendered on the basis of weight, measure or count.

      12.  Inspect and test, to ascertain if it is correct, all cannabis weighing and measuring equipment other than equipment that is used for a noncommercial purpose by a cannabis independent testing laboratory, as defined in NRS 678A.115.

      [12.] 13.  Test all weights and measures used in checking the receipt or disbursement of supplies by entities funded by legislative appropriations.

      [13.] 14.  Approve for use such commercial weights and measures and cannabis weighing and measuring equipment as the State Sealer of Consumer Equitability determines are correct and appropriate [.] other than equipment that is used for a noncommercial purpose by a cannabis independent testing laboratory, as defined in NRS 678A.115. The State Sealer of Consumer Equitability may mark such commercial weights and measures [.] and cannabis weighing and measuring equipment. The State Sealer of Consumer Equitability shall reject and order to be corrected, replaced or removed any commercial weights and measures and cannabis weighing and measuring equipment found to be incorrect. Weights and measures that have been rejected may be seized if they are not corrected within the time specified or if they are used or disposed of in a manner not specifically authorized. The State Sealer of Consumer Equitability shall remove from service and may seize weights and measures found to be incorrect that are not capable of being made correct.

      [14.] 15.  Weigh, measure or inspect packaged commodities that are kept, offered or exposed for sale, sold or in the process of delivery to determine whether the packaged commodities contain the amounts represented and whether they are kept, offered or exposed for sale in accordance with this chapter or the regulations adopted pursuant thereto. In carrying out the provisions of this subsection, the State Sealer of Consumer Equitability shall employ recognized sampling procedures, including, without limitation, sampling procedures adopted by the National Conference on Weights and Measures.

      [15.] 16.  Adopt regulations prescribing the appropriate term or unit of weight or measure to be used whenever the State Sealer of Consumer Equitability determines that an existing practice of declaring the quantity of a commodity, or of setting charges for a service by weight, measure, numerical count or time, or any combination thereof, does not facilitate value comparisons by consumers or may confuse consumers.

      [16.] 17.  Allow reasonable variations from the stated quantity of contents that entered intrastate commerce, which must include those variations caused by loss or gain of moisture during the course of good distribution practices or by unavoidable deviations in good manufacturing practices.

 


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ê2021 Statutes of Nevada, Page 3603 (CHAPTER 534, SB 404)ê

 

      [17.] 18.  Provide for the training of persons employed by any governmental entity within this State, including, without limitation, state, county and municipal personnel, who enforce the provisions of this chapter and chapter 582 of NRS, and any regulations adopted pursuant thereto, relating to weights and measures. The State Sealer of Consumer Equitability may establish by regulation minimum training and performance requirements which must be met by all such persons.

      [18.] 19.  Verify advertised prices and price representations, as necessary, to determine their accuracy.

      [19.] 20.  Without charging and collecting a fee, conduct random tests of point-of-sale systems and cash registers to determine the accuracy of prices, including advertised prices and price representations, and computations and the correct use of the equipment, and, if such systems utilize scanning or coding means in lieu of manual entry, the accuracy of prices printed or recalled from a database.

      [20.] 21.  Employ recognized procedures for making verifications and determinations of accuracy, including, without limitation, any appropriate procedures designated by the National Institute of Standards and Technology.

      [21.] 22.  Adopt regulations and issue orders regarding standards for the accuracy of advertised prices and automated systems for retail price charging, point-of-sale systems and cash registers, and for the enforcement of those standards.

      [22.] 23.  Conduct investigations to ensure compliance with the regulations adopted pursuant to subsection [21.] 22.

      Sec. 9. NRS 581.075 is hereby amended to read as follows:

      581.075  The State Sealer of Consumer Equitability may establish:

      1.  A schedule of fees for any tests of weighing and measuring devices that the State Sealer of Consumer Equitability determines to be necessary.

      2.  An annual fee for the issuance of a certificate of registration pursuant to NRS 581.103.

      3.  An annual license fee for all commercial weighing and measuring equipment.

      4.  An annual license fee for all cannabis weighing and measuring equipment that is required to be inspected and tested by the State Sealer of Consumer Equitability by NRS 581.067.

      Sec. 10. NRS 581.415 is hereby amended to read as follows:

      581.415  1.  A person shall not:

      (a) Use in commerce, or have in his or her possession for use in commerce [,] or in a cannabis establishment, any incorrect weight or measure;

      (b) Sell or offer for sale for use in commerce or for use in a cannabis establishment any incorrect weight or measure;

      (c) Remove any tag, seal or mark from any weight or measure without specific written authorization from the proper authority;

      (d) Hinder or obstruct any inspector of the Division in the performance of the inspector’s duties; or

      (e) Violate any provisions of this chapter or any regulation adopted pursuant thereto.

 


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ê2021 Statutes of Nevada, Page 3604 (CHAPTER 534, SB 404)ê

 

      2.  A person who violates any provision of this section is, in addition to any criminal penalty that may be imposed, subject to a civil penalty in accordance with the schedule of civil penalties established by the State Sealer of Consumer Equitability pursuant to subsection 9 of NRS 581.067.

      Sec. 10.5. NRS 678B.290 is hereby amended to read as follows:

      678B.290  1.  The Board shall establish standards for and certify one or more cannabis independent testing laboratories to:

      (a) Test cannabis for adult use and adult-use cannabis products that are to be sold in this State;

      (b) Test cannabis for medical use and medical cannabis products that are to be sold in this State; and

      (c) In addition to the testing described in paragraph (a) or (b), test commodities or products containing hemp, as defined in NRS 557.160, or cannabidiol which are intended for human or animal consumption and sold by a cannabis establishment.

      2.  Such a cannabis independent testing laboratory must be able to:

      (a) Determine accurately, with respect to cannabis or cannabis products that are sold or will be sold at cannabis sales facilities in this State:

             (1) The concentration therein of THC and cannabidiol.

             (2) The presence and identification of microbes, molds and fungi.

             (3) The composition of the tested material.

             (4) The presence of chemicals in the tested material, including, without limitation, pesticides, heavy metals, herbicides or growth regulators.

      (b) Demonstrate the validity and accuracy of the methods used by the cannabis independent testing laboratory to test cannabis and cannabis products.

      3.  To obtain a license to operate a cannabis independent testing laboratory, an applicant must:

      (a) Apply successfully as required pursuant to NRS 678B.210 or 678B.250, as applicable.

      (b) Pay the fees required pursuant to NRS 678B.390.

      (c) Agree to become accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization within 1 year after licensure [.] by an impartial organization that operates in accordance with standard ISO/IEC 17011 of the International Organization for Standardization and is a signatory to the Mutual Recognition Arrangement of the International Laboratory Accreditation Cooperation.

      Sec. 11.  Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.

      Sec. 12.  This act becomes effective on July 1, 2021.

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ê2021 Statutes of Nevada, Page 3605ê

 

CHAPTER 535, SB 456

Senate Bill No. 456–Committee on Finance

 

CHAPTER 535

 

[Approved: June 8, 2021]

 

AN ACT relating to public health; transferring the State Dental Health Officer from the Division of Public and Behavioral Health of the Department of Health and Human Services to the Division of Health Care Financing and Policy of the Department; revising provisions governing the supervision of persons who hold a restricted license to practice dentistry at certain facilities; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Division of Public and Behavioral Health of the Department of Health and Human Services to appoint, with the consent of the Director of the Department, a State Dental Health Officer and prescribes the duties of the State Dental Health Officer. (NRS 439.272) Section 1 of this bill transfers the duty to appoint the State Dental Health Officer from the Division of Public and Behavioral Health to the Division of Health Care Financing and Policy of the Department. Section 1 also removes a redundant provision from existing law authorizing the Division of Public and Behavioral Health to accept gifts and grants related to dental and oral health. (NRS 439.272, 439.2794)

      Existing law requires the Board of Dental Examiners of Nevada to issue a restricted license to practice dentistry to a person who: (1) has a valid license to practice dentistry issued by another state or the District of Columbia; (2) has received a degree from an accredited dental school or college; (3) has entered into a contract with a facility approved by the Division of Public and Behavioral Health to provide publicly funded dental services exclusively to persons of low income for the duration of the restricted license; and (4) otherwise satisfies certain eligibility requirements of an applicant to practice dentistry. Such a licensee may provide dental services to persons of low income only under the general supervision of the State Dental Health Officer or the supervision of a licensed dentist in this State who is appointed by the Division to supervise dental care that is provided in a facility which has entered into a contract with the holder of the restricted license. (NRS 631.275) Section 2 of this bill removes the option that such dental services be performed under the general supervision of the State Dental Health Officer, thereby requiring the holder of the restricted license to perform such dental services under the remaining option of supervision by a licensed dentist.

 

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 439.272 is hereby amended to read as follows:

      439.272  1.  The Division of Health Care Financing and Policy of the Department shall appoint, with the consent of the Director, a State Dental Health Officer, who may serve in the unclassified service of the State or as a contractor for the Division. The State Dental Health Officer must:

      (a) Be a resident of this State;

      (b) Hold a current license to practice dentistry issued pursuant to chapter 631 of NRS; and

 


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ê2021 Statutes of Nevada, Page 3606 (CHAPTER 535, SB 456)ê

 

      (c) Be appointed on the basis of his or her education, training and experience and his or her interest in public dental health and related programs.

      2.  The State Dental Health Officer shall:

      (a) Determine the needs of the residents of this State for public dental health;

      (b) Provide the Advisory Committee , [and] the Division of Health Care Financing and Policy and the Division of Public and Behavioral Health with advice regarding public dental health;

      (c) Make recommendations to the Advisory Committee, the Division of Health Care Financing and Policy, the Division of Public and Behavioral Health and the Legislature regarding programs in this State for public dental health;

      (d) Work collaboratively with the State Public Health Dental Hygienist; and

      (e) Seek such information and advice from the Advisory Committee or from any dental education program in this State, including any such programs of the Nevada System of Higher Education, as necessary to carry out his or her duties.

      3.  The State Dental Health Officer shall devote all of his or her time to the business of his or her office and shall not pursue any other business or vocation or hold any other office of profit.

      4.  [Pursuant to NRS 439.2794, the Division may solicit and accept gifts and grants to pay the costs associated with oral health programs.] As used in this section, “Advisory Committee” means the Advisory Committee on the State Program for Oral Health created by NRS 439.2792.

      Sec. 2. NRS 631.275 is hereby amended to read as follows:

      631.275  1.  Except as otherwise provided in subsection 2, the Board shall, without examination, issue a restricted license to practice dentistry to a person who:

      (a) Has a valid license to practice dentistry issued pursuant to the laws of another state or the District of Columbia;

      (b) Has received a degree from a dental school or college accredited by the Commission on Dental Accreditation of the American Dental Association or its successor organization;

      (c) Has entered into a contract with a facility approved by the Division of Public and Behavioral Health of the Department of Health and Human Services to provide publicly funded dental services exclusively to persons of low income for the duration of the restricted license; and

      (d) Satisfies the requirements of NRS 631.230.

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

      (a) Who has failed to pass the examination of the Board;

      (b) Who has been refused a license in this State, another state or territory of the United States, or the District of Columbia; or

      (c) Whose license to practice dentistry has been revoked in this State, another state or territory of the United States, or the District of Columbia.

      3.  A person to whom a restricted license is issued pursuant to subsection 1:

      (a) May perform dental services only:

             (1) Under the [general] supervision of [the State Dental Health Officer or the supervision of] a dentist who is licensed to practice dentistry in this State and appointed by the Division of Public and Behavioral Health of the Department of Health and Human Services to supervise dental care that is provided in a facility which has entered into a contract with the person to whom a restricted license is issued and which is approved by the Division; and

 


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ê2021 Statutes of Nevada, Page 3607 (CHAPTER 535, SB 456)ê

 

the Department of Health and Human Services to supervise dental care that is provided in a facility which has entered into a contract with the person to whom a restricted license is issued and which is approved by the Division; and

             (2) In accordance with the contract required pursuant to paragraph (c) of that subsection.

      (b) Shall not, for the duration of the restricted license, engage in the private practice of dentistry, which includes, without limitation, providing dental services to a person who pays for the services.

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

      5.  A person who receives a restricted license must pass the examination of the Board within 3 years after receiving the restricted license. If the person fails to pass that examination, the Board shall revoke the restricted license.

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

      Sec. 3.  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. 4.  The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name has been changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

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

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ê2021 Statutes of Nevada, Page 3608ê

 

CHAPTER 536, SB 209

Senate Bill No. 209–Senators Donate; Hardy, Lange, Neal, Ohrenschall and Ratti

 

Joint Sponsors: Assemblymen González, Brittney Miller, Orentlicher, Thomas, Torres and Watts

 

CHAPTER 536

 

[Approved: June 9, 2021]

 

AN ACT relating to employment; requiring an employer in private employment to provide paid leave for the purpose of the employee receiving a vaccination for SARS-CoV-2; requiring an employer in private employment to allow certain uses of paid leave; requiring the Legislative Committee on Health Care to conduct an interim study concerning the response by this State to SARS-CoV-2 and to make recommendations for legislation concerning the response by this State to future public health crises; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires an employer in private employment who has 50 or more employees in this State to provide at least 0.01923 hours of paid leave to an employee for each hour worked, which may be used by the employee beginning on the 90th calendar day of his or her employment. Existing law authorizes an employer to impose certain limitations on the accrual and use of paid leave and exempts certain employers from the requirements of existing law. (NRS 608.0197) In addition to this existing paid leave, section 1 of this bill requires an employer to provide 2 or 4 hours of paid leave to each employee for the purpose of the employee receiving a vaccination for SARS-CoV-2, including a variant of SARS-CoV-2. Section 1 requires an employee to receive: (1) 2 consecutive hours of paid leave if the vaccination requires only one dose; and (2) 4 hours of paid leave in two allotments of 2 consecutive hours each if the vaccination requires two separate doses on two separate occasions. Section 1 requires an employee to provide at least 12 hours of notice to the employer before using the paid leave to obtain a vaccination for SARS-CoV-2. Section 1 prohibits an employer from: (1) denying an employee the right to use such paid leave; (2) penalizing the employee for using such paid leave; or (3) retaliating against the employee for using such paid leave. Section 1 provides that such paid leave must not be used in calculating the number of hours for which an employee is entitled to be compensated for overtime. Finally, section 1: (1) provides that an employer who provides an on-premises vaccination clinic is not required to provide such paid leave; (2) includes requirements which mirror those in existing law in section 1.5 of this bill; and (3) provides that an employer is not required to provide such paid leave for the first 2 years of operation.

      Section 1.5 of this bill allows an employee to use paid leave for any use, including: (1) treatment of a medical or physical illness, injury or health condition; (2) receiving a medical diagnosis or medical care; (3) receiving or participating in preventative care; (4) participating in caregiving; or (5) addressing other personal needs related to the health of the employee.

 


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ê2021 Statutes of Nevada, Page 3609 (CHAPTER 536, SB 209)ê

 

      Existing law creates the Legislative Committee on Health Care. (NRS 439B.200) Section 2 of this bill requires the Committee to: (1) conduct a study during the 2021-2022 interim concerning the response by this State to SARS-CoV-2; and (2) make recommendations for legislation to the Governor and the 82nd Session of the Nevada Legislature concerning the response by this State to future public health crises. Section 2 authorizes the Committee to examine and consider various items and recommendations related to the public health infrastructure in this State and to SARS-CoV-2. Section 2 requires the Committee to submit a report of the results of the study and recommendations for legislation concerning the response by this State to future public health crises to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the 82nd Session of the Nevada Legislature.

 

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

      1.  Except as otherwise provided in subsections 6 and 10, in addition to the paid leave provided pursuant to NRS 608.0197, every employer in private employment shall provide 2 or 4 hours, as determined pursuant to subsection 2, of paid leave to each employee for the purpose of the employee receiving a vaccination for COVID-19.

      2.  If an employee is to receive a vaccination for COVID-19 and the vaccination requires:

      (a) Only one dose, the employee may take 2 consecutive hours of paid leave to receive the vaccination for COVID-19.

      (b) Two separate doses that are administered on two separate occasions, the employee may take 2 consecutive hours of paid leave per absence for a total of 4 hours of paid leave.

      3.  An employee shall, at least 12 hours before using paid leave provided to the employee pursuant to this section, give notice to his or her employer that the employee intends to use the paid leave.

      4.  An employer, and any agent, representative, supervisory employee or other person acting on behalf of or under the authority of the employer, shall not:

      (a) Deny an employee the right to use the paid leave provided to the employee pursuant to this section;

      (b) Require an employee to find a replacement worker as a condition of using the paid leave provided to the employee pursuant to this section; or

      (c) Retaliate or take any adverse action against an employee for using the paid leave provided to the employee pursuant to this section. Such prohibited retaliation includes, without limitation:

             (1) Discharging or firing the employee;

             (2) Penalizing the employee in any fashion; and

             (3) Deducting the paid leave provided to the employee pursuant to this section from the salary or wages of the employee.

      5.  Any paid leave provided to an employee pursuant to this section must not be used in calculating the number of hours for which an employee is entitled to be compensated for overtime.

 


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ê2021 Statutes of Nevada, Page 3610 (CHAPTER 536, SB 209)ê

 

      6.  This section does not apply to an employer who provides a clinic on the premises of the employer where an employee may receive a vaccination for COVID-19 during the regular hours of work of the employee.

      7.  The Labor Commissioner shall prepare a bulletin which clearly sets forth the benefits created by this section. The Labor Commissioner shall post the bulletin on the Internet website maintained by the Office of Labor Commissioner, if any, and shall require all employers to post the bulletin in a conspicuous location in each workplace maintained by the employer. The bulletin may be included in any printed abstract posted by the employer pursuant to NRS 608.013.

      8.  An employer shall maintain a record of the receipt or accrual and use of paid leave pursuant to this section for each employee for a 1-year period following the entry of such information in the record and, upon request, shall make those records available for inspection by the Labor Commissioner.

      9.  The provisions of this section do not:

      (a) Limit or abridge any other rights, remedies or procedures available under the law.

      (b) Negate any other rights, remedies or procedures available to an aggrieved party.

      (c) Prohibit, preempt or discourage any contract or other agreement that provides a more generous paid leave benefit or paid time off benefit.

      10.  For the first 2 years of operation, an employer is not required to comply with the provisions of this section.

      11.  As used in this section:

      (a) “COVID-19” means:

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

             (2) Any mutation or variant 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.

      (b) “Employer” means a private employer who has 50 or more employees in private employment in this State.

      Sec. 1.5. NRS 608.0197 is hereby amended to read as follows:

      608.0197  1.  Except as otherwise provided in this section, every employer in private employment shall provide paid leave to each employee of the employer as follows:

      (a) An employee is entitled to at least 0.01923 hours of paid leave for each hour of work performed.

      (b) An employee may, as determined by the employer, obtain paid leave by:

             (1) Receiving on the first day of each benefit year the total number of hours of paid leave that the employee is entitled to accrue in a benefit year pursuant to paragraph (a); or

             (2) Accruing over the course of a benefit year the total number of hours of paid leave that the employee is entitled to accrue in a benefit year pursuant to paragraph (a).

      (c) Paid leave accrued pursuant to subparagraph (2) of paragraph (b) may carry over for each employee between his or her benefit years of employment, except an employer may limit the amount of paid leave for each employee carried over to a maximum of 40 hours per benefit year.

      (d) Except as otherwise provided in paragraph (i), an employer shall:

 


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ê2021 Statutes of Nevada, Page 3611 (CHAPTER 536, SB 209)ê

 

             (1) Compensate an employee for the paid leave available for use by that employee at the rate of pay at which the employee is compensated at the time such leave is taken, as calculated pursuant to paragraph (e); and

             (2) Pay such compensation on the same payday as the hours taken are normally paid.

      (e) For the purposes of determining the rate of pay at which an employee is compensated pursuant to paragraph (d), the compensation rate for an employee who is paid by:

             (1) Salary, commission, piece rate or a method other than hourly wage must:

                   (I) Be calculated by dividing the total wages of the employee paid for the immediately preceding 90 days by the number of hours worked during that period;

                   (II) Except as otherwise provided in sub-subparagraph (III), include any bonuses agreed upon and earned by the employee; and

                   (III) Not include any bonuses awarded at the sole discretion of the employer, overtime pay, additional pay for performing hazardous duties, holiday pay or tips earned by the employee.

             (2) Hourly wage must be calculated by the hourly rate the employee is paid by the employer.

      (f) An employer may limit the amount of paid leave an employee uses to 40 hours per benefit year.

      (g) An employer may set a minimum increment of paid leave, not to exceed 4 hours, that an employee may use at any one time.

      (h) An employer shall provide to each employee on each payday an accounting of the hours of paid leave available for use by that employee. An employer may use the system that the employer uses to pay its employees to provide the accounting of the hours of paid leave available for use by the employee.

      (i) An employer may, but is not required to, compensate an employee for any unused paid leave available for use by that employee upon separation from employment, except if the employee is rehired by the employer within 90 days after separation from that employer and the separation from employment was not due to the employee voluntarily leaving his or her employment, any previously unused paid leave hours available for use by that employee must be reinstated.

      2.  An employee in private employment may use paid leave available for use by that employee as follows:

      (a) An employer shall allow an employee to use paid leave beginning on the 90th calendar day of his or her employment.

      (b) An employer shall allow an employee to use paid leave for any use, including, without limitation:

             (1) Treatment of a mental or physical illness, injury or health condition;

             (2) Receiving a medical diagnosis or medical care;

             (3) Receiving or participating in preventative care;

             (4) Participating in caregiving; or

             (5) Addressing other personal needs related to the health of the employee.

      (c) An employee may use paid leave available for use by that employee without providing a reason to his or her employer for such use.

 


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ê2021 Statutes of Nevada, Page 3612 (CHAPTER 536, SB 209)ê

 

      [(c)](d) An employee shall, as soon as practicable, give notice to his or her employer to use the paid leave available for use by that employee.

      3.  An employer shall not:

      (a) Deny an employee the right to use paid leave available for use by that employee in accordance with the conditions of this section;

      (b) Require an employee to find a replacement worker as a condition of using paid leave available for use by that employee; or

      (c) Retaliate against an employee for using paid leave available for use by that employee.

      4.  The Labor Commissioner shall prepare a bulletin which clearly sets forth the benefits created by this section. The Labor Commissioner shall post the bulletin on the Internet website maintained by the Office of Labor Commissioner, if any, and shall require all employers to post the bulletin in a conspicuous location in each workplace maintained by the employer. The bulletin may be included in any printed abstract posted by the employer pursuant to NRS 608.013.

      5.  An employer shall maintain a record of the receipt or accrual and use of paid leave pursuant to this section for each employee for a 1-year period following the entry of such information in the record and, upon request, shall make those records available for inspection by the Labor Commissioner.

      6.  The provisions of this section do not:

      (a) Limit or abridge any other rights, remedies or procedures available under the law.

      (b) Negate any other rights, remedies or procedures available to an aggrieved party.

      (c) Prohibit, preempt or discourage any contract or other agreement that provides a more generous paid leave benefit or paid time off benefit.

      7.  For the first 2 years of operation, an employer is not required to comply with the provisions of this section.

      8.  This section does not apply to:

      (a) An employer who, pursuant to a contract, policy, collective bargaining agreement or other agreement, provides employees with a policy for paid leave or a policy for paid time off to all scheduled employees at a rate of at least 0.01923 hours of paid leave per hour of work performed; and

      (b) Temporary, seasonal or on-call employees.

      9.  As used in this section:

      (a) “Benefit year” means a 365-day period used by an employer when calculating the accrual of paid leave.

      (b) “Employer” means a private employer who has 50 or more employees in private employment in this State.

      Sec. 2.  1.  The Legislative Committee on Health Care shall:

      (a) Conduct a study during the 2021-2022 interim concerning the response by this State to the COVID-19 health crisis, including, without limitation, with regard to employees working in this State; and

      (b) Make recommendations for legislation to the Governor and to the 82nd Session of the Nevada Legislature concerning future public health crises.

      2.  In conducting the study and making recommendations, the Legislative Committee on Health Care may, without limitation:

      (a) Examine the public health infrastructure in this State. Such an examination may include, without limitation:

 


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ê2021 Statutes of Nevada, Page 3613 (CHAPTER 536, SB 209)ê

 

             (1) An analysis of the strengths and weaknesses of the public health infrastructure in this State;

             (2) An analysis on how state and local governments responded, delineated duties and jurisdiction and coordinated during the COVID-19 health crisis; and

             (3) How the items listed in subparagraphs (1) and (2) can be improved for future public health crises.

      (b) Consider recommendations for increased funding for the public health infrastructure of this State.

      (c) Examine the long-term impacts of the COVID-19 health crisis on frontline workers and workers commonly considered to be essential workers.

      (d) Examine the health and economic impacts of the COVID-19 health crisis using an equitable perspective.

      (e) Examine the benefits and challenges of implementing a task force composed of public and private representatives that seeks to support private businesses and the population areas of this State.

      (f) Consider the creation of a Public Health Service Corps in this State.

      3.  On or before September 1, 2022, the Legislative Committee on Health Care shall submit a report of the results of the study and recommendations for legislation concerning the response by this State to future public health crises to:

      (a) The Governor; and

      (b) The Director of the Legislative Counsel Bureau for transmittal to the 82nd Session of the Nevada Legislature.

      4.  As used in this section:

      (a) “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.

      (b)  “Frontline worker” means any person who is at a greater risk of acquiring and transmitting infection due to unavoidable, close and prolonged contact with others required to perform his or her job responsibilities. This term includes, without limitation, any workers that the Legislative Committee on Health Care determines are frontline workers.

      Sec. 2.5.  1.  This act becomes effective upon passage and approval.

      2.  Section 1 of this act expires by limitation on December 31, 2023.

________

 


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ê2021 Statutes of Nevada, Page 3614ê

 

CHAPTER 537, SB 420

Senate Bill No. 420–Senators Cannizzaro, Donate, Lange, Spearman; Brooks, Denis, Dondero Loop, D. Harris, Ohrenschall, Ratti and Scheible

 

Joint Sponsors: Assemblymen Benitez-Thompson and Frierson

 

CHAPTER 537

 

[Approved: June 9, 2021]

 

AN ACT relating to insurance; providing for the establishment of a public health benefit plan; prescribing certain goals and requirements relating to the plan; requiring certain health carriers to participate in a competitive bidding process to administer the plan; requiring certain providers of health care to participate in the plan; exempting rules and policies governing the plan from certain requirements; requiring the Executive Director of the Silver State Health Insurance Exchange to apply for a federal waiver to allow certain policies to be offered on the Exchange; requiring certain persons to report the abuse and neglect of older persons, vulnerable persons and children; requiring the State Plan for Medicaid to include coverage for the services of a community health worker and doula services; revising provisions relating to coverage of services for pregnant women under Medicaid; requiring the establishment of a statewide Medicaid managed care program if money is available; revising requirements relating to health insurance coverage of enteral formulas; making appropriations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Department of Health and Human Services to administer the Medicaid program, which is a joint program of the state and federal governments to provide health coverage to indigent persons. (NRS 422.270, 439B.120) Existing law also creates the Silver State Health Insurance Exchange to assist natural persons and small businesses in purchasing health coverage. (Chapter 695I of NRS) Section 10 of this bill requires the Director of the Department, in consultation with the Executive Director of the Exchange and the Commissioner of Insurance, to design, establish and operate a public health benefit plan known as the Public Option. Section 2 of this bill sets forth the purposes of the Public Option, and sections 3.5-9 of this bill define terms relevant to the Public Option. Section 10 requires the Public Option to be available through the Exchange and for direct purchase and authorizes the Director to make the Public Option available to small employers in this State or their employees. Section 10 requires the Public Option to meet the requirements established by federal and state law for individual health insurance or health insurance for small employers where applicable. Section 10 also establishes requirements governing the levels of coverage provided by the Public Option and the premiums for the Public Option. Sections 38 and 41 of this bill remove the requirements relating to premiums on January 1, 2030. Section 11 of this bill requires the Director, the Commissioner and the Executive Director of the Exchange to apply for certain waivers to obtain federal financial support for the Public Option. Section 39 of this bill requires the Director, the Commissioner and the Executive Director of the Exchange to contract for the performance of an actuarial study before submitting the initial waiver application. Section 12 of this bill requires the Director to use a statewide competitive bidding process to solicit and enter into contracts with health carriers and other qualified persons to administer the Public Option.

 


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ê2021 Statutes of Nevada, Page 3615 (CHAPTER 537, SB 420)ê

 

Option. Section 12 requires a health carrier that provides health care services to recipients of Medicaid through managed care to participate in the competitive bidding process. Section 12 additionally authorizes the Director to directly administer the Public Option if necessary. Sections 13, 21 and 29 of this bill require providers of health care, including health care facilities, who participate in Medicaid or the Public Employees’ Benefits Program or provide care to injured employees under the State’s workers’ compensation program to enroll in the Public Option as a participating provider of health care. Section 14 of this bill prescribes requirements governing the establishment of networks and the reimbursement of providers under the Public Option. Section 15 of this bill establishes the Public Option Trust Fund to hold certain funds for the purpose of implementing the Public Option. Section 20 of this bill exempts rules and policies governing the Public Option from provisions governing notice-and-comment rulemaking. Sections 16, 19, 22, 32 and 34-37 of this bill make various changes so that the Public Option is treated similarly to comparable forms of public health insurance.

      Section 16.5 of this bill requires the Executive Director of the Exchange to apply to the federal government for a waiver to authorize certain labor, agricultural and horticultural organizations to offer on the Exchange a policy of insurance to meet the unique needs of tradespersons that can serve as an alternative to the continuation of certain group health benefits. Section 16.5 requires such a policy to be annually certified by the Executive Director in order to be offered on the Exchange. Sections 16.3 and 16.8 of this bill make conforming changes to reflect the fact that a policy of insurance offered pursuant to section 16.5 may not meet all requirements: (1) for individual health insurance prescribed by state law; or (2) to be considered a qualified health plan under federal law. Section 39.5 of this bill requires the Executive Director to apply for the waiver and submit certain recommendations concerning such policies to the Legislature on or before January 1, 2025.

      Sections 24-28 of this bill expand coverage under Medicaid in various manners. Specifically, section 24 of this bill requires the Director of the Department to expand coverage under the State Plan for Medicaid for pregnant women by: (1) providing coverage for pregnant women whose household income is between 165 percent and 200 percent of the federally designated level signifying poverty if money is available; (2) providing that pregnant women who are determined by certain entities to qualify for Medicaid are presumptively eligible for Medicaid for a prescribed period of time, without submitting an application for enrollment in Medicaid which includes additional proof of eligibility; and (3) prohibiting the imposition of a requirement that a pregnant woman who is otherwise eligible for Medicaid and resides in this State must reside in the United States for a prescribed period of time before enrolling in Medicaid. Section 25 of this bill requires Medicaid to cover the services of a community health worker who provides services under the supervision of a physician, physician assistant or advanced practice registered nurse. Section 26 of this bill requires Medicaid to cover certain costs for doula services provided to Medicaid recipients by a doula who has enrolled with the Division of Health Care Financing and Policy of the Department. Sections 17 and 33 of this bill require a registered doula to report the suspected abuse, neglect, exploitation, isolation or abandonment of older or vulnerable persons or the suspected abuse or neglect of a child. Section 27 of this bill requires Medicaid to reimburse services provided to recipients of Medicaid who do not receive services through managed care by an advanced practice registered nurse to the same extent as if those services were provided by a physician if money is available to reimburse those services at those rates. If money is available, section 28 of this bill requires Medicaid to cover breastfeeding supplies, certain prenatal screenings and tests and lactation consultation and support. Section 18 of this bill makes a conforming change to indicate the proper placement of sections 24-28 in the Nevada Revised Statutes.

      Existing law establishes certain requirements that apply if a Medicaid managed care program is established in this State. (NRS 422.273) To the extent that money is available, section 30 of this bill requires the Department to: (1) establish such a program to provide health care services to recipients of Medicaid in all geographic areas of this State; and (2) conduct a statewide procurement process to select health maintenance organizations to provide such services.

 


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ê2021 Statutes of Nevada, Page 3616 (CHAPTER 537, SB 420)ê

 

areas of this State; and (2) conduct a statewide procurement process to select health maintenance organizations to provide such services. To the extent that money is available, section 30 requires the Medicaid managed care program to include a state-directed payment arrangement to require Medicaid managed care organizations to reimburse critical access hospitals and any affiliated federally-qualified health centers or rural health clinics for covered services at a rate that is equal to or greater than the rate those facilities receive for services provided to recipients of Medicaid on a fee-for-service basis.

      Existing law requires certain health insurers, including local governments that adopt a system of group health insurance for their employees, to cover enteral formulas under certain conditions. (NRS 287.010, 689A.0423, 689B.0353, 695B.1923, 695C.1723) Sections 16.35-16.47 of this bill specify that enteral formulas include formulas that are ingested orally. Section 20.5 of this bill requires the Public Employees’ Benefits Program to cover enteral formulas, including formulas that are ingested orally, under the same conditions as health insurers that are currently required to cover enteral formulas.

      Section 38.3 of this bill appropriates money to the Division of Welfare and Supportive Services of the Department to pay the costs of making enhancements to its information technology system that are necessary to carry out the provisions of sections 24-28 of this bill. Sections 38.6 and 38.8 of this bill appropriate money to the Public Option Trust Fund and the Silver State Health Insurance Exchange, respectively, to implement the Public Option.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Title 57 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 15, inclusive, of this act.

      Sec. 2. It is hereby declared to be the purpose and policy of the Legislature in enacting this chapter to:

      1.  Leverage the combined purchasing power of the State to lower premiums and costs relating to health insurance for residents of this State;

      2.  Improve access to high-quality, affordable health care for residents of this State, including residents of this State who are employed by small businesses;

      3.  Reduce disparities in access to health care and health outcomes and increase access to health care for historically marginalized communities; and

      4.  Increase competition in the market for individual health insurance in this State to improve the availability of coverage for residents of rural areas of this State.

      Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3.5 to 9, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.5. “Certified community behavioral health clinic” means a community behavioral health clinic certified in accordance with section 223 of the Protecting Access to Medicare Act of 2014, Public Law No. 113-93.

      Sec. 4.  “Commissioner” means the Commissioner of Insurance.

      Sec. 5. “Director” means the Director of the Department of Health and Human Services.

 


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ê2021 Statutes of Nevada, Page 3617 (CHAPTER 537, SB 420)ê

 

      Sec. 6.  “Exchange” means the Silver State Health Insurance Exchange.

      Sec. 6.5. “Federally qualified health center” has the meaning ascribed to it in 42 C.F.R. § 405.2401.

      Sec. 7. “Provider of health care” has the meaning ascribed to it in NRS 695G.070.

      Sec. 8.  “Public Option” means the Public Option established pursuant to section 10 of this act.

      Sec. 8.5. “Rural health clinic” has the meaning ascribed to it in 42 C.F.R. § 405.2401.

      Sec. 9. “Trust Fund” means the Public Option Trust Fund created by section 15 of this act.

      Sec. 10. 1.  The Director, in consultation with the Commissioner and the Executive Director of the Exchange, shall design, establish and operate a health benefit plan known as the Public Option.

      2.  The Director:

      (a) Shall make the Public Option available:

             (1) As a qualified health plan through the Exchange to natural persons who reside in this State and are eligible to enroll in such a plan through the Exchange under the provisions of 45 C.F.R. § 155.305; and

             (2) For direct purchase as a policy of individual health insurance by any natural person who resides in this State. The provisions of chapter 689A of NRS and other applicable provisions of this title apply to the Public Option when offered as a policy of individual health insurance.

      (b) May make the Public Option available to small employers in this State or their employees to the extent authorized by federal law. The provisions of chapter 689C of NRS and other applicable provisions of this title apply to the Public Option when it is offered as a policy of health insurance for small employers.

      (c) Shall comply with all state and federal laws and regulations applicable to insurers when carrying out the provisions of sections 2 to 15, inclusive, of this act, to the extent that such laws and regulations are not waived.

      3.  The Public Option must:

      (a) Be a qualified health plan, as defined in 42 U.S.C. § 18021; and

      (b) Provide at least levels of coverage consistent with the actuarial value of one silver plan and one gold plan.

      4.  Except as otherwise provided in this section, the premiums for the Public Option:

      (a) Must be at least 5 percent lower than the reference premium for that zip code; and

      (b) Must not increase in any year by a percentage greater than the increase in the Medicare Economic Index for that year.

      5.  The Director, in consultation with the Commissioner and the Executive Director of the Exchange, may revise the requirements of subsection 4, provided that the average premiums for the Public Option must be at least 15 percent lower than the average reference premium in this State over the first 4 years in which the Public Option is in operation.

      6.  As used in this section:

      (a) “Gold plan” means a qualified health plan that meets the requirements established by 42 U.S.C. § 18022 for a gold level plan.

 


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ê2021 Statutes of Nevada, Page 3618 (CHAPTER 537, SB 420)ê

 

      (b) “Health benefit plan” means a policy, contract, certificate or agreement to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services.

      (c) “Medicare Economic Index” means the Medicare Economic Index, as designated by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services pursuant to 42 C.F.R. § 405.504.

      (d) “Reference premium” means, for any zip code, the lower of:

             (1) The premium for the second-lowest cost silver level plan available through the Exchange in the zip code during the 2024 plan year, adjusted by the percentage change in the Medicare Economic Index between January 1, 2024, and January 1 of the year to which a premium applies; or

             (2) The premium for the second-lowest cost silver level plan available through the Exchange in the zip code during the year immediately preceding the year to which a premium applies.

      (e) “Silver plan” means a qualified health plan that meets the requirements established by 42 U.S.C. § 18022 for a silver level plan.

      (f) “Small employer” has the meaning ascribed to it in 42 U.S.C. § 18024(b)(2).

      Sec. 11. 1.  The Director, the Commissioner and the Executive Director of the Exchange:

      (a) Shall collaborate to apply to the Secretary of Health and Human Services for a waiver pursuant to 42 U.S.C. § 18052 to obtain pass-through federal funding to carry out the provisions of sections 2 to 15, inclusive, of this act; and

      (b) Except as otherwise provided in subsection 4, may collaboratively apply to the Secretary of Health and Human Services for any other federal waivers or approval necessary to carry out the provisions of sections 2 to 15, inclusive, of this act, including, without limitation, and to the extent necessary, a waiver pursuant to 42 U.S.C. § 1315 of Title XIX of the Social Security Act. Such waivers or approval may include, without limitation, any waiver or approval necessary to:

             (1) Combine risk pools for the Public Option with risk pools established for Medicaid, if the Director can demonstrate that doing so would lower costs, result in savings to the federal and state governments and not increase the costs of private insurance or Medicaid; or

             (2) Obtain federal financial participation to subsidize the cost of health insurance for residents of this State with low incomes.

      2.  In preparing an application for any waiver described in subsection 1, the Director, the Commissioner and the Executive Director of the Exchange may contract with an independent actuary to assess the impact of the Public Option on the markets for health care and health insurance in this State and health coverage for natural persons, families and small businesses. The actuary must have specialized expertise or experience with state health insurance exchanges, the type of waiver for which the application is being made, measures to contain the costs of providing health coverage, reforming procedures for the purchasing and delivery of government services and Medicaid managed care programs. A contract pursuant to this subsection is exempt from the provisions of chapter 333 of NRS.

 


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ê2021 Statutes of Nevada, Page 3619 (CHAPTER 537, SB 420)ê

 

      3.  The Director, the Commissioner and the Executive Director of the Exchange shall:

      (a) Cooperate with the Federal Government in obtaining any waiver for which he or she applies pursuant to this section.

      (b) Deposit any money received from the Federal Government pursuant to such a waiver in the Trust Fund.

      4.  The Director, the Commissioner and the Executive Director of the Exchange shall not apply under the provisions of subsection 1 to waive any provision of federal law prescribing conditions of eligibility to purchase a qualified health plan, as defined in 42 U.S.C. § 18021, through the Exchange or receive federal advanced payment of premium tax credits pursuant to 42 U.S.C. § 18082 for such a purchase.

      5.  The Director may:

      (a) Accept gifts, grants and donations to carry out the provisions of sections 2 to 15, inclusive, of this act. The Director shall deposit any such gifts, grants or donations in the Trust Fund.

      (b) Employ or enter into contracts with actuaries and other professionals and may enter into contracts with other state agencies, health carriers or other qualified persons and entities as are necessary to carry out the provisions of sections 2 to 15, inclusive, of this act. Such contracts are exempt from the requirements of chapter 333 of NRS.

      Sec. 12. 1.  The Director, in consultation with the Commissioner and the Executive Director of the Exchange, shall use a statewide competitive bidding process, including, without limitation, a request for proposals, to solicit and enter into contracts with health carriers or other qualified persons or entities to administer the Public Option. If a statewide Medicaid managed care program is established pursuant to subsection 1 of NRS 422.273, the competitive bidding process must coincide with the statewide procurement process for that Medicaid managed care program.

      2.  Each health carrier that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or the Children’s Health Insurance Program shall, as a condition of continued participation in any Medicaid managed care program established in this State, submit a good faith proposal in response to a request for proposals issued pursuant to subsection 1.

      3.  Each proposal submitted pursuant to subsection 2 must demonstrate that the applicant is able to meet the requirements of section 10 of this act.

      4.  When selecting a health carrier or other qualified person or entity to administer the Public Option, the Director shall prioritize applicants whose proposals:

      (a) Demonstrate alignment of networks of providers between the Public Option and Medicaid managed care, where applicable;

      (b) Provide for the inclusion of critical access hospitals, rural health clinics, certified community behavioral health clinics and federally-qualified health centers in the networks of providers for the Public Option and Medicaid managed care, where applicable;

      (c) Include proposals for strengthening the workforce in this State and particularly in rural areas of this State for providers of primary care, mental health care and treatment for substance use disorders;

 


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ê2021 Statutes of Nevada, Page 3620 (CHAPTER 537, SB 420)ê

 

      (d) Use payment models for providers included in the networks of providers for the Public Option that increase value for persons enrolled in the Public Option and the State; and

      (e) Include proposals to contract with providers of health care in a manner that decreases disparities among different populations in this State with regard to access to health care and health outcomes and supports culturally competent care.

      5.  Notwithstanding the provisions of subsections 1 to 4, inclusive, the Director may directly administer the Public Option if necessary to carry out the provisions of sections 2 to 15, inclusive, of this act.

      6.  Any health carrier or other person or entity with which the Director contracts to administer the Public Option pursuant to this section or the Director, if the Director directly administers the Public Option pursuant to subsection 5, shall take any measures necessary to make the Public Option available as described in paragraph (a) of subsection 2 of section 10 of this act and, if required by the Director, paragraph (b) of that subsection. Such measures include, without limitation:

      (a) Filing rates and supporting information with the Commissioner of Insurance as required by NRS 686B.010 to 686B.1799, inclusive; and

      (b) Obtaining certification as a qualified health plan pursuant to 42 U.S.C. § 18031.

      7.  The Director shall deposit into the Trust Fund any money received from:

      (a) A health carrier or other person or entity with which the Director contracts to administer the Public Option pursuant to subsection 1 which relates to duties performed under the contract; or

      (b) If the Director directly administers the Public Option pursuant to subsection 5, any money received from any person or entity in the course of administering the Public Option.

      8.  As used in this section:

      (a) “Critical access hospital” means a hospital which has been certified as a critical access hospital by the Secretary of Health and Human Services pursuant to 42 U.S.C. § 1395i-4(e).

      (b) “Health carrier” means an entity subject to the insurance laws and regulations of this State, or subject to the jurisdiction of the Commissioner, that contracts or offers to contract to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services, including, without limitation, a sickness and accident health insurance company, a health maintenance organization, a nonprofit hospital and health service corporation or any other entity providing a plan of health insurance, health benefits or health care services.

      Sec. 13. 1.  Except as otherwise provided in subsection 2, each provider of health care who participates in the Public Employees’ Benefits Program established pursuant to subsection 1 of NRS 287.043 or the Medicaid program, or who provides care to an injured employee pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, shall:

      (a) Enroll as a participating provider in at least one network of providers established for the Public Option; and

      (b) Accept new patients who are enrolled in the Public Option to the same extent as the provider or facility accepts new patients who are not enrolled in the Public Option.

 


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ê2021 Statutes of Nevada, Page 3621 (CHAPTER 537, SB 420)ê

 

      2.  The Director and the Executive Officer of the Public Employees’ Benefits Program may waive the requirements of subsection 1 when necessary to ensure that recipients of Medicaid and officers, employees and retirees of this State who receive benefits under the Public Employees’ Benefits Program have sufficient access to covered services.

      Sec. 14. 1.  In establishing networks for the Public Option and reimbursing providers of health care that participate in the Public Option, the Director shall, to the extent practicable:

      (a) Ensure that care for persons who were previously covered by Medicaid or the Children’s Health Insurance Program and enroll in the Public Option is minimally disrupted;

      (b) Encourage the use of payment models that increase value for persons enrolled in the Public Option and the State;

      (c) Improve health outcomes for persons enrolled in the Public Option;

      (d) Reward providers of health care and medical facilities for delivering high-quality services; and

      (e) Lower the cost of care in both urban and rural areas of this State.

      2.  Except as otherwise provided in subsections 3 to 6, inclusive, reimbursement rates under the Public Option must be, in the aggregate, comparable to or better than reimbursement rates available under Medicare. For the purposes of this section, the aggregate reimbursement rate under Medicare:

      (a) Includes any add-on payments or other subsidies that a provider receives under Medicare; and

      (b) Does not include payments under Medicare for a patient encounter or a cost-based payment rate under Medicare.

      3.  If a provider of health care currently receives reimbursement under Medicare at rates that are cost-based, the reimbursement rates for that provider of health care under the Public Option must be comparable to or better than the cost-based reimbursement rates provided for that provider of health care by Medicare.

      4.  The reimbursement rates for a federally-qualified health center or a rural health clinic under the Public Option must be comparable to or better than the reimbursement rates established for patient encounters under the applicable Prospective Payment System established for Medicare by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services.

      5.  The reimbursement rates for a certified community behavioral health clinic under the Public Option must be comparable to or better than the reimbursement rates established for community behavioral health clinics under the State Plan for Medicaid.

      6.  The requirements of subsections 2 to 5, inclusive, do not apply to a payment model described in paragraph (b) of subsection 1.

      7.  As used in this section, “Medicare” means the program of health insurance for aged persons and persons with disabilities established pursuant to Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.

      Sec. 15. 1.  There is hereby created in the State Treasury the Public Option Trust Fund as a nonreverting trust fund. The Trust Fund must be administered by the State Treasurer.

      2.  The Trust Fund consists of:

 


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      (a) Any money deposited in the Trust Fund pursuant to sections 11 and 12 of this act;

      (b) Any money appropriated by the Legislature for the purpose of carrying out the provisions of sections 2 to 15, inclusive, of this act; and

      (c) All income and interest earned on the money in the Trust Fund.

      3.  Any interest earned on money in the Trust Fund, after deducting any applicable charges, must be credited to the Trust Fund. Money that remains in the Trust Fund at the end of a fiscal year does not revert to the State General Fund, and the balance in the Trust Fund must be carried forward to the next fiscal year.

      4.  Except as otherwise provided in subsection 5, the money in the Trust Fund must be used to carry out the provisions of sections 2 to 15, inclusive, of this act. Such money must not be used to pay administrative costs that are not directly related to the operations of the Public Option.

      5.  If the State Treasurer determines that there is sufficient money in the Trust Fund to carry out the provisions of sections 2 to 15, inclusive, of this act, for the current fiscal year, the Director may use a portion determined by the State Treasurer of any additional money in the Trust Fund to increase the affordability of the Public Option.

      Sec. 16. NRS 683A.176 is hereby amended to read as follows:

      683A.176  “Third party” means:

      1.  An insurer, as that term is defined in NRS 679B.540;

      2.  A health benefit plan, as that term is defined in NRS 687B.470, for employees which provides a pharmacy benefits plan;

      3.  A participating public agency, as that term is defined in NRS 287.04052, and any other local governmental agency of the State of Nevada which provides a system of health insurance for the benefit of its officers and employees, and the dependents of officers and employees, pursuant to chapter 287 of NRS; [or]

      4.  The Public Option established pursuant to section 10 of this act; or

      5.  Any other insurer or organization that provides health coverage or benefits or coverage of prescription drugs as part of workers’ compensation insurance in accordance with state or federal law.

Ê The term does not include an insurer that provides coverage under a policy of casualty or property insurance.

      Sec. 16.3. NRS 689A.020 is hereby amended to read as follows:

      689A.020  Nothing in this chapter applies to or affects:

      1.  Any policy of liability or workers’ compensation insurance with or without supplementary expense coverage therein.

      2.  Any group or blanket policy.

      3.  Life insurance, endowment or annuity contracts, or contracts supplemental thereto which contain only such provisions relating to health insurance as to:

      (a) Provide additional benefits in case of death or dismemberment or loss of sight by accident or accidental means; or

      (b) Operate to safeguard such contracts against lapse, or to give a special surrender value or special benefit or an annuity if the insured or annuitant becomes totally and permanently disabled, as defined by the contract or supplemental contract.

      4.  Reinsurance, except as otherwise provided in NRS 689A.470 to 689A.740, inclusive, and 689C.610 to 689C.940, inclusive, relating to the program of reinsurance.

 


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      5.  Any policy of insurance offered on the Silver State Health Insurance Exchange in accordance with section 16.5 of this act.

      Sec. 16.35. NRS 689A.0423 is hereby amended to read as follows:

      689A.0423  1.  A policy of health insurance must provide coverage for:

      (a) Enteral formulas for use at home that are prescribed or ordered by a physician as medically necessary for the treatment of inherited metabolic diseases characterized by deficient metabolism, or malabsorption originating from congenital defects or defects arising shortly after birth, of amino acid, organic acid, carbohydrate or fat; and

      (b) At least $2,500 per year for special food products which are prescribed or ordered by a physician as medically necessary for the treatment of a person described in paragraph (a).

      2.  The coverage required by subsection 1 must be provided whether or not the condition existed when the policy was purchased.

      3.  A policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after [January] July 1, [1998,] 2021, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

      4.  As used in this section:

      (a) “Enteral formula” includes, without limitation, a formula that is ingested orally.

      (b)“Inherited metabolic disease” means a disease caused by an inherited abnormality of the body chemistry of a person.

      [(b)](c)“Special food product” means a food product that is specially formulated to have less than one gram of protein per serving and is intended to be consumed under the direction of a physician for the dietary treatment of an inherited metabolic disease. The term does not include a food that is naturally low in protein.

      Sec. 16.4. NRS 689B.0353 is hereby amended to read as follows:

      689B.0353  1.  A policy of group health insurance must provide coverage for:

      (a) Enteral formulas for use at home that are prescribed or ordered by a physician as medically necessary for the treatment of inherited metabolic diseases characterized by deficient metabolism, or malabsorption originating from congenital defects or defects arising shortly after birth, of amino acid, organic acid, carbohydrate or fat; and

      (b) At least $2,500 per year for special food products which are prescribed or ordered by a physician as medically necessary for the treatment of a person described in paragraph (a).

      2.  The coverage required by subsection 1 must be provided whether or not the condition existed when the policy was purchased.

      3.  A policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after [January] July 1, [1998,] 2021, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

      4.  As used in this section:

      (a) “Enteral formula” includes, without limitation, a formula that is ingested orally.

 


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      (b) “Inherited metabolic disease” means a disease caused by an inherited abnormality of the body chemistry of a person.

      [(b)](c)“Special food product” means a food product that is specially formulated to have less than one gram of protein per serving and is intended to be consumed under the direction of a physician for the dietary treatment of an inherited metabolic disease. The term does not include a food that is naturally low in protein.

      Sec. 16.43. NRS 695B.1923 is hereby amended to read as follows:

      695B.1923  1.  A contract for hospital or medical service must provide coverage for:

      (a) Enteral formulas for use at home that are prescribed or ordered by a physician as medically necessary for the treatment of inherited metabolic diseases characterized by deficient metabolism, or malabsorption originating from congenital defects or defects arising shortly after birth, of amino acid, organic acid, carbohydrate or fat; and

      (b) At least $2,500 per year for special food products which are prescribed or ordered by a physician as medically necessary for the treatment of a person described in paragraph (a).

      2.  The coverage required by subsection 1 must be provided whether or not the condition existed when the contract was purchased.

      3.  A contract subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after [January] July 1, [1998,] 2021, has the legal effect of including the coverage required by this section, and any provision of the contract or the renewal which is in conflict with this section is void.

      4.  As used in this section:

      (a) “Enteral formula” includes, without limitation, a formula that is ingested orally.

      (b) “Inherited metabolic disease” means a disease caused by an inherited abnormality of the body chemistry of a person.

      [(b)](c)“Special food product” means a food product that is specially formulated to have less than one gram of protein per serving and is intended to be consumed under the direction of a physician for the dietary treatment of an inherited metabolic disease. The term does not include a food that is naturally low in protein.

      Sec. 16.47. NRS 695C.1723 is hereby amended to read as follows:

      695C.1723  1.  A health maintenance plan must provide coverage for:

      (a) Enteral formulas for use at home that are prescribed or ordered by a physician as medically necessary for the treatment of inherited metabolic diseases characterized by deficient metabolism, or malabsorption originating from congenital defects or defects arising shortly after birth, of amino acid, organic acid, carbohydrate or fat; and

      (b) At least $2,500 per year for special food products which are prescribed or ordered by a physician as medically necessary for the treatment of a person described in paragraph (a).

      2.  The coverage required by subsection 1 must be provided whether or not the condition existed when the health maintenance plan was purchased.

      3.  Any evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after [January] July 1, [1998,] 2021, has the legal effect of including the coverage required by this section, and any provision of the evidence of coverage or the renewal which is in conflict with this section is void.

 


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      4.  As used in this section:

      (a) “Enteral formula” includes, without limitation, a formula that is ingested orally.

      (b) “Inherited metabolic disease” means a disease caused by an inherited abnormality of the body chemistry of a person.

      [(b)](c)“Special food product” means a food product that is specially formulated to have less than one gram of protein per serving and is intended to be consumed under the direction of a physician for the dietary treatment of an inherited metabolic disease. The term does not include a food that is naturally low in protein.

      Sec. 16.5. Chapter 695I of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Executive Director, in collaboration with the Director of the Department of Health and Human Services, shall apply to the Secretary of Health and Human Services for a waiver pursuant to 42 U.S.C. § 18052 to authorize an organization described in section 501(c)(5) of the Internal Revenue Code that processes health claims in this State to offer on the Exchange a policy of insurance to meet the unique needs of tradespersons, including, without limitation, persons who work temporary or seasonal jobs, that is capable of serving as an alternative to the continuation of group health benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985.

      2.  The application for a waiver submitted pursuant to subsection 1 must include, without limitation, an application for a waiver of any provisions of federal law or regulations that would otherwise require a policy described in subsection 1 to meet the requirements of chapter 689A of NRS in order to be offered on the Exchange or for persons who purchase the plan on the Exchange to receive applicable federal subsidies.

      3.  To be offered on the Exchange, a policy of insurance described in subsection 1 must:

      (a) Meet all requirements established by the Federal Act for a qualified health plan, to the extent that those requirements do not prevent an organization described in section 501(c)(5) of the Internal Revenue Code from offering such a policy; and

      (b) Be certified by the Executive Director. Such certification must be renewed annually.

      4.  The Executive Director shall prescribe:

      (a) Requirements for certification of a policy of insurance pursuant to paragraph (b) of subsection 3; and

      (b) Criteria to determine when a person becomes eligible for a policy of insurance described in subsection 1. Those criteria must address:

             (1) Persons who recently began employment but have not yet met the requirements concerning hours of work necessary to receive insurance through their employer; and

             (2) Persons who have recently lost their jobs.

      5.  When performing the duties described in subsections 1 and 4, the Executive Director shall consult with organizations described in section 501(c)(5) of the Internal Revenue Code and other interested persons and entities concerning the requirements for certification of a policy of insurance described in subsection 1 and the criteria described in paragraph (b) of subsection 4.

 


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      Sec. 16.8. NRS 695I.210 is hereby amended to read as follows:

      695I.210  1.  The Exchange shall:

      (a) Create and administer a health insurance exchange;

      (b) Facilitate the purchase and sale of qualified health plans consistent with established patterns of care within the State;

      (c) Provide for the establishment of a program to assist qualified small employers in Nevada in facilitating the enrollment of their employees in qualified health plans offered in the small group market;

      (d) [Make] Except as otherwise authorized by a waiver obtained pursuant to section 16.5 of this act, make only qualified health plans available to qualified individuals and qualified small employers ; [on or after January 1, 2014;] and

      (e) Unless the Federal Act is repealed or is held to be unconstitutional or otherwise invalid or unlawful, perform all duties that are required of the Exchange to implement the requirements of the Federal Act.

      2.  The Exchange may:

      (a) Enter into contracts with any person, including, without limitation, a local government, a political subdivision of a local government and a governmental agency, to assist in carrying out the duties and powers of the Exchange or the Board; and

      (b) Apply for and accept any gift, donation, bequest, grant or other source of money to carry out the duties and powers of the Exchange or the Board.

      3.  The Exchange is subject to the provisions of chapter 333 of NRS.

      Sec. 17. NRS 200.5093 is hereby amended to read as follows:

      200.5093  1.  Any person who is described in subsection 4 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that an older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned shall:

      (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to:

             (1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office; or

             (3) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

      3.  Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.

 


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      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug counselor, alcohol and drug counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian, holder of a license or a limited license issued under the provisions of chapter 653 of NRS or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person or vulnerable person who appears to have been abused, neglected, exploited, isolated or abandoned.

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person by a member of the staff of the hospital.

      (c) A coroner.

      (d) Every person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Every person who maintains or is employed by an agency to provide nursing in the home.

      (f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 449.4304.

      (g) Any employee of the Department of Health and Human Services, except the State Long-Term Care Ombudsman appointed pursuant to NRS 427A.125 and any of his or her advocates or volunteers where prohibited from making such a report pursuant to 45 C.F.R. § 1321.11.

      (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons or vulnerable persons.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person and refers them to persons and agencies where their requests and needs can be met.

      (k) Every social worker.

      (l) Any person who owns or is employed by a funeral home or mortuary.

      (m) Every person who operates or is employed by a peer support recovery organization, as defined in NRS 449.01563.

      (n) Every person who operates or is employed by a community health worker pool, as defined in NRS 449.0028, or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in NRS 449.0027.

      (o) Every person who is enrolled with the Division of Health Care Financing and Policy of the Department of Health and Human Services to provide doula services to recipients of Medicaid pursuant to section 26 of this act.

 


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      5.  A report may be made by any other person.

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person or vulnerable person has died as a result of abuse, neglect, isolation or abandonment, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person or vulnerable person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

      7.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded within 30 days after the completion of the report to the:

      (a) Aging and Disability Services Division;

      (b) Repository for Information Concerning Crimes Against Older Persons or Vulnerable Persons created by NRS 179A.450; and

      (c) Unit for the Investigation and Prosecution of Crimes.

      8.  If the investigation of a report results in the belief that an older person or vulnerable person is abused, neglected, exploited, isolated or abandoned, the Aging and Disability Services Division of the Department of Health and Human Services or the county’s office for protective services may provide protective services to the older person or vulnerable person if the older person or vulnerable person is able and willing to accept them.

      9.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

      10.  As used in this section, “Unit for the Investigation and Prosecution of Crimes” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons in the Office of the Attorney General created pursuant to NRS 228.265.

      Sec. 18. NRS 232.320 is hereby amended to read as follows:

      232.320  1.  The Director:

      (a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:

             (1) The Administrator of the Aging and Disability Services Division;

             (2) The Administrator of the Division of Welfare and Supportive Services;

             (3) The Administrator of the Division of Child and Family Services;

             (4) The Administrator of the Division of Health Care Financing and Policy; and

             (5) The Administrator of the Division of Public and Behavioral Health.

      (b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and sections 24 to 28, inclusive, of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.

 


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other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.

      (c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.

      (d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:

             (1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;

             (2) Set forth priorities for the provision of those services;

             (3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;

             (4) Identify the sources of funding for services provided by the Department and the allocation of that funding;

             (5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and

             (6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.

      (e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.

      (f) Has such other powers and duties as are provided by law.

      2.  Notwithstanding any other provision of law, the Director, or the Director’s designee, is responsible for appointing and removing subordinate officers and employees of the Department.

      Sec. 19. NRS 232.459 is hereby amended to read as follows:

      232.459  1.  The Advocate shall:

      (a) Respond to written and telephonic inquiries received from consumers and injured employees regarding concerns and problems related to health care and workers’ compensation;

      (b) Assist consumers and injured employees in understanding their rights and responsibilities under health care plans, including, without limitation, the Public Employees’ Benefits Program [,] and the Public Option, and policies of industrial insurance;

      (c) Identify and investigate complaints of consumers and injured employees regarding their health care plans, including, without limitation, the Public Employees’ Benefits Program [,] and the Public Option, and policies of industrial insurance and assist those consumers and injured employees to resolve their complaints, including, without limitation:

 


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             (1) Referring consumers and injured employees to the appropriate agency, department or other entity that is responsible for addressing the specific complaint of the consumer or injured employee; and

             (2) Providing counseling and assistance to consumers and injured employees concerning health care plans, including, without limitation, the Public Employees’ Benefits Program [,] and the Public Option, and policies of industrial insurance;

      (d) Provide information to consumers and injured employees concerning health care plans, including, without limitation, the Public Employees’ Benefits Program [,] and the Public Option, and policies of industrial insurance in this State;

      (e) Establish and maintain a system to collect and maintain information pertaining to the written and telephonic inquiries received by the Office for Consumer Health Assistance;

      (f) Take such actions as are necessary to ensure public awareness of the existence and purpose of the services provided by the Advocate pursuant to this section;

      (g) In appropriate cases and pursuant to the direction of the Advocate, refer a complaint or the results of an investigation to the Attorney General for further action;

      (h) Provide information to and applications for prescription drug programs for consumers without insurance coverage for prescription drugs or pharmaceutical services;

      (i) Establish and maintain an Internet website which includes:

             (1) Information concerning purchasing prescription drugs from Canadian pharmacies that have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328;

             (2) Links to websites of Canadian pharmacies which have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328; and

             (3) A link to the website established and maintained pursuant to NRS 439A.270 which provides information to the general public concerning the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State;

      (j) Assist consumers with accessing a navigator, case manager or facilitator to help the consumer obtain health care services;

      (k) Assist consumers with scheduling an appointment with a provider of health care who is in the network of providers under contract to provide services to participants in the health care plan under which the consumer is covered;

      (l) Assist consumers with filing complaints against health care facilities and health care professionals;

      (m) Assist consumers with filing complaints with the Commissioner of Insurance against issuers of health care plans; and

      (n) On or before January 31 of each year, compile a report of aggregated information submitted to the Office for Consumer Health Assistance pursuant to NRS 687B.675, aggregated for each type of provider of health care for which such information is provided and submit the report to the Director of the Legislative Counsel Bureau for transmittal to:

             (1) In even-numbered years, the Legislative Committee on Health Care; and

 


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ê2021 Statutes of Nevada, Page 3631 (CHAPTER 537, SB 420)ê

 

             (2) In odd-numbered years, the next regular session of the Legislature.

      2.  The Advocate may adopt regulations to carry out the provisions of this section and NRS 232.461 and 232.462.

      3.  As used in this section:

      (a) “Health care facility” has the meaning ascribed to it in NRS 162A.740.

      (b) “Navigator, case manager or facilitator” has the meaning ascribed to it in NRS 687B.675.

      (c) “Public Option” means the Public Option established pursuant to section 10 of this act.

      Sec. 20. NRS 233B.039 is hereby amended to read as follows:

      233B.039  1.  The following agencies are entirely exempted from the requirements of this chapter:

      (a) The Governor.

      (b) Except as otherwise provided in NRS 209.221, the Department of Corrections.

      (c) The Nevada System of Higher Education.

      (d) The Office of the Military.

      (e) The Nevada Gaming Control Board.

      (f) Except as otherwise provided in NRS 368A.140 and 463.765, the Nevada Gaming Commission.

      (g) Except as otherwise provided in NRS 425.620, the Division of Welfare and Supportive Services of the Department of Health and Human Services.

      (h) Except as otherwise provided in NRS 422.390, the Division of Health Care Financing and Policy of the Department of Health and Human Services.

      (i) Except as otherwise provided in NRS 533.365, the Office of the State Engineer.

      (j) The Division of Industrial Relations of the Department of Business and Industry acting to enforce the provisions of NRS 618.375.

      (k) The Administrator of the Division of Industrial Relations of the Department of Business and Industry in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.

      (l) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 445C.310.

      (m) The Silver State Health Insurance Exchange.

      (n) The Cannabis Compliance Board.

      2.  Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees’ Benefits Program and the Commission on Professional Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

      3.  The special provisions of:

      (a) Chapter 612 of NRS for the adoption of an emergency regulation or the distribution of regulations by and the judicial review of decisions of the Employment Security Division of the Department of Employment, Training and Rehabilitation;

      (b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;

 


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      (c) Chapter 91 of NRS for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State; and

      (d) NRS 90.800 for the use of summary orders in contested cases,

Ê prevail over the general provisions of this chapter.

      4.  The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Department of Health and Human Services in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

      5.  The provisions of this chapter do not apply to:

      (a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the State Board of Agriculture, the State Board of Health, or any other agency of this State in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control;

      (b) An extraordinary regulation of the State Board of Pharmacy adopted pursuant to NRS 453.2184;

      (c) A regulation adopted by the State Board of Education pursuant to NRS 388.255 or 394.1694;

      (d) The judicial review of decisions of the Public Utilities Commission of Nevada;

      (e) The adoption, amendment or repeal of policies by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation pursuant to NRS 426.561 or 615.178;

      (f) The adoption or amendment of a rule or regulation to be included in the State Plan for Services for Victims of Crime by the Department of Health and Human Services pursuant to NRS 217.130;

      (g) The adoption, amendment or repeal of rules governing the conduct of contests and exhibitions of unarmed combat by the Nevada Athletic Commission pursuant to NRS 467.075; [or]

      (h) The adoption, amendment or repeal of regulations by the Director of the Department of Health and Human Services pursuant to NRS 447.335 to 447.350, inclusive [.] ; or

      (i) The adoption, amendment or repeal of any rule or policy governing the Public Option established pursuant to the chapter created by sections 2 to 15, inclusive, of this act.

      6.  The State Board of Parole Commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

      Sec. 20.5. NRS 287.04335 is hereby amended to read as follows:

      287.04335  If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 687B.409, 689B.0353, 689B.255, 695C.1723, 695G.150, 695G.155, 695G.160, 695G.162, 695G.164, 695G.1645, 695G.1665, 695G.167, 695G.170 to 695G.174, inclusive, 695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to 695G.310, inclusive, and 695G.405, in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.

 


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      Sec. 21. NRS 287.0434 is hereby amended to read as follows:

      287.0434  The Board may:

      1.  Use its assets only to pay the expenses of health care for its members and covered dependents, to pay its employees’ salaries and to pay administrative and other expenses.

      2.  Enter into contracts relating to the administration of the Program, including, without limitation, contracts with licensed administrators and qualified actuaries. Each such contract with a licensed administrator:

      (a) Must be submitted to the Commissioner of Insurance not less than 30 days before the date on which the contract is to become effective for approval as to the licensing and fiscal status of the licensed administrator and status of any legal or administrative actions in this State against the licensed administrator that may impair his or her ability to provide the services in the contract.

      (b) Does not become effective unless approved by the Commissioner.

      (c) Shall be deemed to be approved if not disapproved by the Commissioner within 30 days after its submission.

      3.  Enter into contracts with physicians, surgeons, hospitals, health maintenance organizations and rehabilitative facilities for medical, surgical and rehabilitative care and the evaluation, treatment and nursing care of members and covered dependents. The Board shall not enter into a contract pursuant to this subsection unless:

      (a) Provision is made by the Board to offer all the services specified in the request for proposals, either by a health maintenance organization or through separate action of the Board.

      (b) The rates set forth in the contract are based on:

             (1) For active and retired state officers and employees and their dependents, the commingled claims experience of such active and retired officers and employees and their dependents for whom the Program provides primary health insurance coverage in a single risk pool; and

             (2) For active and retired officers and employees of public agencies enumerated in NRS 287.010 that contract with the Program to obtain group insurance by participation in the Program and their dependents, the commingled claims experience of such active and retired officers and employees and their dependents for whom the Program provides primary health insurance coverage in a single risk pool.

      (c) For a contract with a physician, surgeon, hospital or rehabilitative facility, the physician, surgeon, hospital or rehabilitative facility has also complied with the requirements of section 13 of this act.

      4.  Enter into contracts for the services of other experts and specialists as required by the Program.

      5.  Charge and collect from an insurer, health maintenance organization, organization for dental care or nonprofit medical service corporation, a fee for the actual expenses incurred by the Board or a participating public agency in administering a plan of insurance offered by that insurer, organization or corporation.

      6.  Charge and collect the amount due from local governments pursuant to paragraph (b) of subsection 4 of NRS 287.023. If the payment of a local government pursuant to that provision is delinquent by more than 90 days, the Board shall notify the Executive Director of the Department of Taxation pursuant to NRS 354.671.

 


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      Sec. 22. NRS 333.705 is hereby amended to read as follows:

      333.705  1.  Except as otherwise provided in this section, a using agency shall not enter into a contract with a person to provide services for the using agency if:

      (a) The person is a current employee of an agency of this State;

      (b) The person is a former employee of an agency of this State and less than 2 years have expired since the termination of the person’s employment with the State; or

      (c) The person is employed by the Department of Transportation for a transportation project that is entirely funded by federal money and the term of the contract is for more than 4 years,

Ê unless the using agency submits a written disclosure to the State Board of Examiners indicating the services to be provided pursuant to the contract and the person who will be providing those services and, after reviewing the disclosure, the State Board of Examiners approves entering into a contract with the person. The requirements of this subsection apply to any person employed by a business or other entity that enters into a contract to provide services for a using agency if the person will be performing or producing the services for which the business or entity is employed.

      2.  The provisions of paragraph (b) of subsection 1 apply to employment through a temporary employment service. A temporary employment service providing employees for a using agency shall provide the using agency with the names of the employees to be provided to the agency. The State Board of Examiners shall not approve a contract pursuant to paragraph (b) of subsection 1 unless the Board determines that one or more of the following circumstances exist:

      (a) The person provides services that are not provided by any other employee of the using agency or for which a critical labor shortage exists; or

      (b) A short-term need or unusual economic circumstance exists for the using agency to contract with the person.

      3.  The approval by the State Board of Examiners to contract with a person pursuant to subsection 1:

      (a) May occur at the same time and in the same manner as the approval by the State Board of Examiners of a proposed contract pursuant to subsection 7 of NRS 333.700; and

      (b) Must occur before the date on which the contract becomes binding on the using agency.

      4.  A using agency may contract with a person pursuant to paragraph (a) or (b) of subsection 1 without obtaining the approval of the State Board of Examiners if the term of the contract is for less than 4 months and the head of the using agency determines that an emergency exists which necessitates the contract. If a using agency contracts with a person pursuant to this subsection, the using agency shall submit a copy of the contract and a description of the emergency to the State Board of Examiners, which shall review the contract and the description of the emergency and notify the using agency whether the State Board of Examiners would have approved the contract if it had not been entered into pursuant to this subsection.

      5.  Except as otherwise provided in subsection 9, a using agency shall, not later than 10 days after the end of each fiscal quarter, report to the Interim Finance Committee concerning all contracts to provide services for the using agency that were entered into by the using agency during the fiscal quarter with a person who is a current or former employee of a department, division or other agency of this State.

 


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fiscal quarter with a person who is a current or former employee of a department, division or other agency of this State.

      6.  Except as otherwise provided in subsection 9, a using agency shall not contract with a temporary employment service unless the contracting process is controlled by rules of open competitive bidding.

      7.  Each board or commission of this State and each institution of the Nevada System of Higher Education that employs a consultant shall, at least once every 6 months, submit to the Interim Finance Committee a report setting forth:

      (a) The number of consultants employed by the board, commission or institution;

      (b) The purpose for which the board, commission or institution employs each consultant;

      (c) The amount of money or other remuneration received by each consultant from the board, commission or institution; and

      (d) The length of time each consultant has been employed by the board, commission or institution.

      8.  A using agency, board or commission of this State and each institution of the Nevada System of Higher Education:

      (a) Shall make every effort to limit the number of contracts it enters into with persons to provide services which have a term of more than 2 years and which are in the amount of less than $1,000,000; and

      (b) Shall not enter into a contract with a person to provide services without ensuring that the person is in active and good standing with the Secretary of State.

      9.  The provisions of subsections 1 to 6, inclusive, do not apply to:

      (a) The Nevada System of Higher Education or a board or commission of this State.

      (b) The employment of professional engineers by the Department of Transportation if those engineers are employed for a transportation project that is entirely funded by federal money.

      (c) Contracts in the amount of $1,000,000 or more entered into:

             (1) Pursuant to the State Plan for Medicaid established pursuant to NRS 422.063.

             (2) For financial services.

             (3) Pursuant to the Public Employees’ Benefits Program.

             (4) Pursuant to the Public Option established pursuant to section 10 of this act.

      (d) The employment of a person by a business or entity which is a provider of services under the State Plan for Medicaid and which provides such services on a fee-for-service basis or through managed care.

      (e) The employment of a former employee of an agency of this State who is not receiving retirement benefits under the Public Employees’ Retirement System during the duration of the contract.

      Sec. 23. Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 24 to 28, inclusive, of this act.

      Sec. 24. 1.  The Director shall, to the extent authorized by federal law, include in the State Plan for Medicaid authorization for a pregnant woman who is determined by a qualified provider to be presumptively eligible for Medicaid to enroll in Medicaid until the last day of the month immediately following the month of enrollment without submitting an application for enrollment in Medicaid which includes additional proof of eligibility.

 


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immediately following the month of enrollment without submitting an application for enrollment in Medicaid which includes additional proof of eligibility.

      2.  To the extent that money is available, the Director shall, to the extent authorized by federal law, include in the State Plan for Medicaid authorization for a pregnant woman whose household income is at or below 200 percent of the federally designated level signifying poverty to enroll in Medicaid.

      3.  Unless otherwise required by federal law, the Director shall not include in the State Plan for Medicaid a requirement that a pregnant woman who resides in this State and who is otherwise eligible for Medicaid must reside in the United States for a prescribed period of time before enrolling in Medicaid.

      4.  As used in this section, “qualified provider” has the meaning ascribed to it in 42 U.S.C. § 1396r-1(b)(2).

      Sec. 25. 1.  The Director shall include in the State Plan for Medicaid a requirement that the State, to the extent authorized by federal law, pay the nonfederal share of expenditures incurred for the services of a community health worker who provides services under the supervision of a physician, physician assistant or advanced practice registered nurse.

      2.  As used in this section, “community health worker” has the meaning ascribed to it in NRS 449.0027.

      Sec. 26. 1.  The Director shall, to the extent authorized by federal law, include in the State Plan for Medicaid a requirement that the State pay the nonfederal share of expenditures incurred for doula services provided by an enrolled doula.

      2.  The Department shall apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1315 or apply for an amendment of the State Plan for Medicaid that authorizes the Department to receive federal funding to include in the State Plan for Medicaid coverage of doula services provided by an enrolled doula. The Department shall fully cooperate in good faith with the Federal Government during the application process to satisfy the requirements of the Federal Government for obtaining a waiver or amendment pursuant to this section.

      3.  A person who wishes to receive reimbursement through the Medicaid program for doula services provided to a recipient of Medicaid must submit to the Division:

      (a) An application for enrollment in the form prescribed by the Division; and

      (b) Proof that he or she possesses the required training and qualifications prescribed by the Division pursuant to subsection 4.

      4.  The Division, in consultation with community-based organizations that provide services to pregnant women in this State, shall prescribe the required training and qualifications for enrollment pursuant to subsection 3 to receive reimbursement through Medicaid for doula services.

      5.  As used in this section:

      (a) “Doula services” means services to provide education and support relating to childbirth, including, without limitation, emotional and physical support provided during pregnancy, labor, birth and the postpartum period.

 


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      (b) “Enrolled doula” means a doula who is enrolled with the Division pursuant to this section to receive reimbursement through Medicaid for doula services.

      Sec. 27. 1.  To the extent that money is available, the Director shall include in the State Plan for Medicaid a requirement that, except as otherwise provided in subsection 2, the State must provide reimbursement for the services of an advanced practice registered nurse, including, without limitation, a certified nurse-midwife, to the same extent as if the services were provided by a physician.

      2.  The provisions of subsection 1 do not apply to services provided to a recipient of Medicaid who receives health care services through a Medicaid managed care program.

      3.  As used in this section, “certified nurse-midwife” means a person who is:

      (a) Certified as a nurse-midwife by the American Midwifery Certification Board, or its successor organization; and

      (b) Licensed as an advanced practice registered nurse pursuant to NRS 632.237.

      Sec. 28. 1.  To the extent that money is available, the Director shall include in the State Plan for Medicaid a requirement that the State pay the nonfederal share of expenditures incurred for:

      (a) Supplies for breastfeeding a child until the child’s first birthday. Such supplies include, without limitation, electric or hospital-grade breast pumps that:

             (1) Have been prescribed or ordered by a qualified provider of health care; and

             (2) Are medically necessary for the mother or the child.

      (b) Such prenatal screenings and tests as are recommended by the American College of Obstetricians and Gynecologists, or its successor organization.

      2.  The Director shall include in the State Plan for Medicaid a requirement that, to the extent that money and federal financial participation are available, the State must pay the nonfederal share of expenditures incurred for lactation consultation and support.

      3.  As used in this section:

      (a) “Medically necessary” has the meaning ascribed to it in NRS 695G.055.

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

      Sec. 29. NRS 422.2372 is hereby amended to read as follows:

      422.2372  The Administrator shall:

      1.  Supply the Director with material on which to base proposed legislation.

      2.  Cooperate with the Federal Government and state governments for the more effective attainment of the purposes of this chapter.

      3.  Coordinate the activities of the Division with other agencies, both public and private, with related or similar activities.

      4.  Keep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to the office of the Administrator.

 


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      5.  Inform the public in regard to the activities and operation of the Division, and provide other information which will acquaint the public with the financing of Medicaid programs.

      6.  Conduct studies into the causes of the social problems with which the Division is concerned.

      7.  Invoke any legal, equitable or special procedures for the enforcement of orders issued by the Administrator or the enforcement of the provisions of this chapter.

      8.  Exclude from participation in Medicaid any provider of health care that fails to comply with the requirements of section 13 of this act.

      9.  Exercise any other powers that are necessary and proper for the standardization of state work, to expedite business and to promote the efficiency of the service provided by the Division.

      Sec. 30. NRS 422.273 is hereby amended to read as follows:

      422.273  1.  To the extent that money is available, the Department shall:

      (a) Establish a Medicaid managed care program to provide health care services to recipients of Medicaid in all geographic areas of this State. The program is not required to provide services to recipients of Medicaid who are aged, blind or disabled pursuant to Title XVI of the Social Security Act, 42 U.S.C. §§ 1381 et seq.

      (b) Conduct a statewide procurement process to select health maintenance organizations to provide the services described in paragraph (a).

      2.  For any Medicaid managed care program established in the State of Nevada, the Department shall contract only with a health maintenance organization that has:

      (a) Negotiated in good faith with a federally-qualified health center to provide health care services for the health maintenance organization;

      (b) Negotiated in good faith with the University Medical Center of Southern Nevada to provide inpatient and ambulatory services to recipients of Medicaid; [and]

      (c) Negotiated in good faith with the University of Nevada School of Medicine to provide health care services to recipients of Medicaid [.] ; and

      (d) Complied with the provisions of subsection 2 of section 12 of this act.

Ê Nothing in this section shall be construed as exempting a federally-qualified health center, the University Medical Center of Southern Nevada or the University of Nevada School of Medicine from the requirements for contracting with the health maintenance organization.

      [2.]3.  During the development and implementation of any Medicaid managed care program, the Department shall cooperate with the University of Nevada School of Medicine by assisting in the provision of an adequate and diverse group of patients upon which the school may base its educational programs.

      [3.]4.  The University of Nevada School of Medicine may establish a nonprofit organization to assist in any research necessary for the development of a Medicaid managed care program, receive and accept gifts, grants and donations to support such a program and assist in establishing educational services about the program for recipients of Medicaid.

 


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      [4.]5.  For the purpose of contracting with a Medicaid managed care program pursuant to this section, a health maintenance organization is exempt from the provisions of NRS 695C.123.

      [5.]6. To the extent that money is available, a Medicaid managed care program must include, without limitation, a state-directed payment arrangement established in accordance with 42 C.F.R. § 438.6(c) to require a Medicaid managed care organization to reimburse a critical access hospital and any federally-qualified health center or rural health clinic affiliated with a critical access hospital for covered services at a rate that is equal to or greater than the rate received by the critical access hospital, federally-qualified health center or rural health clinic, as applicable, for services provided to recipients of Medicaid on a fee-for-service basis.

      7.  The provisions of this section apply to any managed care organization, including a health maintenance organization, that provides health care services to recipients of Medicaid under the State Plan for Medicaid or the Children’s Health Insurance Program pursuant to a contract with the Division. Such a managed care organization or health maintenance organization is not required to establish a system for conducting external reviews of adverse determinations in accordance with chapter 695B, 695C or 695G of NRS. This subsection does not exempt such a managed care organization or health maintenance organization for services provided pursuant to any other contract.

      [6.]8.  As used in this section, unless the context otherwise requires:

      (a) “Critical access hospital” means a hospital which has been certified as a critical access hospital by the Secretary of Health and Human Services pursuant to 42 U.S.C. § 1395i-4(e).

      (b) “Federally-qualified health center” has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).

      [(b)](c) “Health maintenance organization” has the meaning ascribed to it in NRS 695C.030.

      [(c)](d) “Managed care organization” has the meaning ascribed to it in NRS 695G.050.

      (e) “Rural health clinic” has the meaning ascribed to it in 42 C.F.R. § 405.2401.

      Sec. 31. (Deleted by amendment.)

      Sec. 32. NRS 427A.605 is hereby amended to read as follows:

      427A.605  1.  The Director may establish a program to negotiate discounts and rebates for hearing devices and related costs, including, without limitation, ear molds, batteries and FM systems, for children in this State who are deaf or hard of hearing on behalf of entities described in subsection 2 who participate in the program.

      2.  The following persons and entities may participate in a program established pursuant to subsection 1:

      (a) The Public Employees’ Benefits Program;

      (b) A governing body of a county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency that provides health coverage to employees through a self-insurance reserve fund pursuant to NRS 287.010;

      (c) An insurer that holds a certificate of authority to transact insurance in this State pursuant to chapter 680A of NRS;

 


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      (d) An employer or employee organization based in this State that provides health coverage to employees through a self-insurance reserve fund;

      (e) A governmental agency or nonprofit organization that purchases hearing devices for children in this State who are deaf or hard of hearing;

      (f) A resident of this State who does not have coverage for hearing devices; [and]

      (g) The Public Option established pursuant to section 10 of this act; and

      (h) Any other person or entity that provides health coverage or otherwise purchases hearing devices for children in this State who are deaf or hard of hearing.

      3.  A person or entity described in subsection 2 may participate in any program established pursuant to subsection 1 by submitting an application to the Department in the form

SECOND PARALLEL SECTION

 
prescribed by the Department.

      Sec. 33. NRS 432B.220 is hereby amended to read as follows:

      432B.220  1.  Any person who is described in subsection 4 and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:

      (a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:

      (a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of the home for a portion of the day, the person shall make the report to a law enforcement agency.

      (b) An agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.

      3.  Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by a fetal alcohol spectrum disorder or prenatal substance use disorder or has withdrawal symptoms resulting from prenatal substance exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services. A notification and referral to an agency which provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.

 


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      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) A person providing services licensed or certified in this State pursuant to, without limitation, chapter 450B, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B, 641C or 653 of NRS.

      (b) Any personnel of a medical facility licensed pursuant to chapter 449 of NRS who are engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of such a medical facility upon notification of suspected abuse or neglect of a child by a member of the staff of the medical facility.

      (c) A coroner.

      (d) A member of the clergy, practitioner of Christian Science or religious healer, unless the person has acquired the knowledge of the abuse or neglect from the offender during a confession.

      (e) A person employed by a public school or private school and any person who serves as a volunteer at such a school.

      (f) Any person who maintains or is employed by a facility or establishment that provides care for children, children’s camp or other public or private facility, institution or agency furnishing care to a child.

      (g) Any person licensed pursuant to chapter 424 of NRS to conduct a foster home.

      (h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.

      (i) Except as otherwise provided in NRS 432B.225, an attorney.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.

      (k) Any person who is employed by or serves as a volunteer for a youth shelter. As used in this paragraph, “youth shelter” has the meaning ascribed to it in NRS 244.427.

      (l) Any adult person who is employed by an entity that provides organized activities for children, including, without limitation, a person who is employed by a school district or public school.

      (m) Any person who is enrolled with the Division of Health Care Financing and Policy of the Department of Health and Human Services to provide doula services to recipients of Medicaid pursuant to section 26 of this act.

      5.  A report may be made by any other person.

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to an agency which provides child welfare services or a law enforcement agency. If such a report is made to a law enforcement agency, the law enforcement agency shall notify an agency which provides child welfare services and the appropriate medical examiner or coroner of the report. If such a report is made to an agency which provides child welfare services, the agency which provides child welfare services shall notify the appropriate medical examiner or coroner of the report. The medical examiner or coroner who is notified of a report pursuant to this subsection shall investigate the report and submit his or her written findings to the appropriate agency which provides child welfare services, the appropriate district attorney and a law enforcement agency.

 


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appropriate agency which provides child welfare services, the appropriate district attorney and a law enforcement agency. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.

      7.  The agency, board, bureau, commission, department, division or political subdivision of the State responsible for the licensure, certification or endorsement of a person who is described in subsection 4 and who is required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State shall, at the time of initial licensure, certification or endorsement:

      (a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;

      (b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and

      (c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is licensed, certified or endorsed in this State.

      8.  The employer of a person who is described in subsection 4 and who is not required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State must, upon initial employment of the person:

      (a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;

      (b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and

      (c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is employed by the employer.

      9.  Before a person may serve as a volunteer at a public school or private school, the school must:

      (a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section and NRS 392.303;

      (b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section and NRS 392.303; and

      (c) Maintain a copy of the written acknowledgment or electronic record for as long as the person serves as a volunteer at the school.

      10.  As used in this section:

      (a) “Private school” has the meaning ascribed to it in NRS 394.103.

      (b) “Public school” has the meaning ascribed to it in NRS 385.007.

      Sec. 34. NRS 439B.260 is hereby amended to read as follows:

      439B.260  1.  A major hospital shall reduce or discount the total billed charge by at least 30 percent for hospital services provided to an inpatient who:

      (a) Has no policy of health insurance or other contractual agreement with a third party that provides health coverage for the charge;

      (b) Is not eligible for coverage by a state or federal program of public assistance that would provide for the payment of the charge; and

      (c) Makes reasonable arrangements within 30 days after the date that notice was sent pursuant to subsection 2 to pay the hospital bill.

 


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      2.  A major hospital shall include on or with the first statement of the hospital bill provided to the patient after his or her discharge a notice of the reduction or discount available pursuant to this section, including, without limitation, notice of the criteria a patient must satisfy to qualify for a reduction or discount.

      3.  A major hospital or patient who disputes the reasonableness of arrangements made pursuant to paragraph (c) of subsection 1 may submit the dispute to the Bureau for Hospital Patients for resolution as provided in NRS 232.462.

      4.  A major hospital shall reduce or discount the total billed charge of its outpatient pharmacy by at least 30 percent to a patient who is eligible for Medicare.

      5.  As used in this section, “third party” means:

      (a) An insurer, as that term is defined in NRS 679B.540;

      (b) A health benefit plan, as that term is defined in NRS 687B.470, for employees which provides coverage for services and care at a hospital;

      (c) A participating public agency, as that term is defined in NRS 287.04052, and any other local governmental agency of the State of Nevada which provides a system of health insurance for the benefit of its officers and employees, and the dependents of officers and employees, pursuant to chapter 287 of NRS; [or]

      (d) The Public Option established pursuant to section 10 of this act; or

      (e) Any other insurer or organization providing health coverage or benefits in accordance with state or federal law.

Ê The term does not include an insurer that provides coverage under a policy of casualty or property insurance.

      Sec. 35. NRS 439B.665 is hereby amended to read as follows:

      439B.665  1.  On or before February 1 of each year, a nonprofit organization that advocates on behalf of patients or funds medical research in this State and has received a payment, donation, subsidy or anything else of value from a manufacturer, third party or pharmacy benefit manager or a trade or advocacy group for manufacturers, third parties or pharmacy benefit managers during the immediately preceding calendar year shall:

      (a) Compile a report which includes:

             (1) For each such contribution, the amount of the contribution and the manufacturer, third party or pharmacy benefit manager or group that provided the payment, donation, subsidy or other contribution; and

             (2) The percentage of the total gross income of the organization during the immediately preceding calendar year attributable to payments, donations, subsidies or other contributions from each manufacturer, third party, pharmacy benefit manager or group; and

      (b) Except as otherwise provided in this paragraph, post the report on an Internet website that is maintained by the nonprofit organization and accessible to the public. If the nonprofit organization does not maintain an Internet website that is accessible to the public, the nonprofit organization shall submit the report compiled pursuant to paragraph (a) to the Department.

      2.  As used in this section, “third party” means:

      (a) An insurer, as that term is defined in NRS 679B.540;

      (b) A health benefit plan, as that term is defined in NRS 687B.470, for employees which provides coverage for prescription drugs;

      (c) A participating public agency, as that term is defined in NRS 287.04052, and any other local governmental agency of the State of Nevada which provides a system of health insurance for the benefit of its officers and employees, and the dependents of officers and employees, pursuant to chapter 287 of NRS; [or]

 


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which provides a system of health insurance for the benefit of its officers and employees, and the dependents of officers and employees, pursuant to chapter 287 of NRS; [or]

      (d) The Public Option established pursuant to section 10 of this act; or

      (e) Any other insurer or organization that provides health coverage or benefits in accordance with state or federal law.

Ê The term does not include an insurer that provides coverage under a policy of casualty or property insurance.

      Sec. 36. NRS 439B.736 is hereby amended to read as follows:

      439B.736  1.  “Third party” includes, without limitation:

      (a) The issuer of a health benefit plan, as defined in NRS 695G.019, which provides coverage for medically necessary emergency services;

      (b) The Public Employees’ Benefits Program established pursuant to subsection 1 of NRS 287.043; [and]

      (c) The Public Option established pursuant to section 10 of this act; and

      (d) Any other entity or organization that elects pursuant to NRS 439B.757 for the provisions of NRS 439B.700 to 439B.760, inclusive, to apply to the provision of medically necessary emergency services by out-of-network providers to covered persons.

      2.  The term does not include the State Plan for Medicaid, the Children’s Health Insurance Program or a health maintenance organization, as defined in NRS 695C.030, or managed care organization, as defined in NRS 695G.050, when providing health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department.

      Sec. 37. NRS 449A.162 is hereby amended to read as follows:

      449A.162  1.  Except as otherwise provided in subsection 3, if a hospital provides hospital care to a person who has a policy of health insurance issued by a third party that provides health coverage for care provided at that hospital and the hospital has a contractual agreement with the third party, the hospital:

      (a) Shall proceed with any efforts to collect on any amount owed to the hospital for the hospital care in accordance with the provisions of NRS 449A.159.

      (b) Shall not collect or attempt to collect from the patient or other responsible party more than the sum of the amounts of any deductible, copayment or coinsurance payable by or on behalf of the patient under the policy of health insurance.

      (c) Shall not collect or attempt to collect that amount from:

             (1) Any proceeds or potential proceeds of a civil action brought by or on behalf of the patient, including, without limitation, any amount awarded for medical expenses; or

             (2) An insurer other than an insurer that provides coverage under a policy of health insurance or an insurer that provides coverage for medical payments under a policy of casualty insurance.

      2.  If the hospital collects or receives any payments from an insurer that provides coverage for medical payments under a policy of casualty insurance, the hospital shall, not later than 30 days after a determination is made concerning coverage, return to the patient any amount collected or received that is in excess of the deductible, copayment or coinsurance payable by or on behalf of the patient under the policy of health insurance.

 


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received that is in excess of the deductible, copayment or coinsurance payable by or on behalf of the patient under the policy of health insurance.

      3.  This section does not apply to:

      (a) Amounts owed to the hospital which are not covered under the policy of health insurance; or

      (b) Medicaid, Medicare, the Children’s Health Insurance Program or any other public program which may pay all or part of the bill.

      4.  This section does not limit any rights of a patient to contest an attempt to collect an amount owed to a hospital, including, without limitation, contesting a lien obtained by a hospital.

      5.  As used in this section, “third party” means:

      (a) An insurer, as defined in NRS 679B.540;

      (b) A health benefit plan, as defined in NRS 687B.470, for employees which provides coverage for services and care at a hospital;

      (c) A participating public agency, as defined in NRS 287.04052, and any other local governmental agency of the State of Nevada which provides a system of health insurance for the benefit of its officers and employees, and the dependents of officers and employees, pursuant to chapter 287 of NRS; [or]

      (d) The Public Option established pursuant to section 10 of this act; or

      (e) Any other insurer or organization providing health coverage or benefits in accordance with state or federal law.

      Sec. 38.  Section 10 of this act is hereby amended to read as follows:

       Sec. 10.  1.  The Director, in consultation with the Commissioner and the Executive Director of the Exchange, shall design, establish and operate a health benefit plan known as the Public Option.

       2.  The Director:

       (a) Shall make the Public Option available:

             (1) As a qualified health plan through the Exchange to natural persons who reside in this State and are eligible to enroll in such a plan through the Exchange under the provisions of 45 C.F.R. § 155.305; and

             (2) For direct purchase as a policy of individual health insurance by any natural person who resides in this State. The provisions of chapter 689A of NRS and other applicable provisions of this title apply to the Public Option when offered as a policy of individual health insurance.

       (b) May make the Public Option available to small employers in this State or their employees to the extent authorized by federal law. The provisions of chapter 689C of NRS and other applicable provisions of this title apply to the Public Option when it is offered as a policy of health insurance for small employers.

       (c) Shall comply with all state and federal laws and regulations applicable to insurers when carrying out the provisions of sections 2 to 15, inclusive, of this act, to the extent that such laws and regulations are not waived.

       3.  The Public Option must:

       (a) Be a qualified health plan, as defined in 42 U.S.C. § 18021; and

       (b) Provide at least levels of coverage consistent with the actuarial value of one silver plan and one gold plan.

 


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       4.  [Except as otherwise provided in this section, the premiums for the Public Option:

       (a) Must be at least 5 percent lower than the reference premium for that zip code; and

       (b) Must not increase in any year by a percentage greater than the increase in the Medicare Economic Index for that year.

       5.  The Director, in consultation with the Commissioner and the Executive Director of the Exchange, may revise the requirements of subsection 4, provided that the average premiums for the Public Option must be at least 15 percent lower than the average reference premium in this State over the first 4 years in which the Public Option is in operation.

       6.]  As used in this section:

       (a) “Gold plan” means a qualified health plan that meets the requirements established by 42 U.S.C. § 18022 for a gold level plan.

       (b) “Health benefit plan” means a policy, contract, certificate or agreement to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services.

       (c) “Medicare Economic Index” means the Medicare Economic Index, as designated by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services pursuant to 42 C.F.R. § 405.504.

       (d) “Reference premium” means, for any zip code, the lower of:

             (1) The premium for the second-lowest cost silver level plan available through the Exchange in the zip code during the 2024 plan year, adjusted by the percentage change in the Medicare Economic Index between January 1, 2024, and January 1 of the year to which a premium applies; or

             (2) The premium for the second-lowest cost silver level plan available through the Exchange in the zip code during the year immediately preceding the year to which a premium applies.

       (e) “Silver plan” means a qualified health plan that meets the requirements established by 42 U.S.C. § 18022 for a silver level plan.

       (f) “Small employer” has the meaning ascribed to it in 42 U.S.C. § 18024(b)(2).

      Sec. 38.3.  1.  There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services of the Department of Health and Human Services the sum of $167,850 to pay the costs for enhancements to the information technology system of the Division that are necessary to carry out the provisions of sections 24 to 28, inclusive, of this act.

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

 


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      Sec. 38.6.  1.  There is hereby appropriated from the State General Fund to the Public Option Trust Fund created by section 15 of this act the sum of $1,639,366 to pay the costs of carrying out the provisions of sections 2 to 15, inclusive, and 39 of this act.

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

      Sec. 38.8.  1.  There is hereby appropriated from the State General Fund to the Silver State Health Insurance Exchange the sum of $600,000 to pay the costs of carrying out the provisions of sections 2 to 15, inclusive, and 39 of this act.

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

      Sec. 39.  1.  The Director of the Department of Health and Human Services, the Commissioner of Insurance and the Executive Director of the Silver State Health Insurance Exchange shall apply for the waiver described in paragraph (a) of subsection 1 of section 11 of this act not later than January 1, 2024.

      2.  In preparing the initial application for the waiver described in paragraph (a) of subsection 1 of section 11 of this act, the Director of the Department of Health and Human Services, the Commissioner of Insurance and the Executive Director of the Silver State Health Insurance Exchange shall contract with an independent actuary to conduct an actuarial assessment pursuant to subsection 2 of section 11 of this act. The actuarial assessment:

      (a) Must be completed before the application for the waiver is submitted; and

      (b) Must include, without limitation, an analysis of the likely effect on premiums for health insurance in this State of:

             (1) The provisions of subsection 1 of section 13 of this act, as those provisions apply to providers of health care, as defined in NRS 695G.070, who participate in the Public Employees’ Benefits Program established pursuant to subsection 1 of NRS 287.043 or provide care to an injured employee pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, and the amendatory provisions of section 21 of this act; and

             (2) Repealing the provisions described in subparagraph (1).

 


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      3.  The Director of the Department of Health and Human Services shall make the Public Option available to natural persons who reside in this State in accordance with the provisions of section 10 of this act for the coverage year that begins on January 1, 2026.

      4.  As used in this section, “Public Option” has the meaning ascribed to it in section 8 of this act.

      Sec. 39.5.  On or before January 1, 2025, the Executive Director of the Silver State Health Insurance Exchange, in collaboration with the Department of Health and Human Services, shall:

      1.  Apply for the waiver described in subsection 1 of section 16.5 of this act; and

      2.  Submit to the Director of the Legislative Counsel Bureau for transmittal to the 83rd Session of the Legislature a report of recommendations concerning any revisions to Nevada law necessary to:

      (a) Authorize an organization described in section 501(c)(5) of the Internal Revenue Code to offer a policy of insurance described in subsection 1 of section 16.5 of this act for direct purchase outside the Exchange as a policy of individual health insurance;

      (b) Align state law concerning individual health insurance with the requirements in the request for the waiver described in subsection 1 of section 16.5 of this act; and

      (c) Ensure that any state subsidies available to reduce the cost of premiums for individual health insurance are available for a policy of insurance described in subsection 1 of section 16.5 of this act.

      Sec. 40.  Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.

      Sec. 40.5.  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. 41.  1.  This section and sections 16.3, 16.5, 16.8 and 39 to 40.5, inclusive, of this act become effective upon passage and approval.

      2.  Sections 1 to 14, inclusive, 16, 19, 20, 21, 22, 29 to 32, inclusive, and 34 to 37, inclusive, of this act become effective:

      (a) Upon passage and approval for the purposes of procurement and any other preparatory administrative tasks necessary to carry out the provisions of those sections; and

      (b) On January 1, 2026, for all other purposes.

      3.  Sections 15, 16.35 to 16.47, inclusive, 20.5, 38.3 and 38.6 of this act become effective on July 1, 2021.

      4.  Sections 17, 18, 23 to 28, inclusive, 33 and 38.8 of this act become effective on January 1, 2022.

      5.  Section 38 of this act becomes effective on January 1, 2030.

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ê2021 Statutes of Nevada, Page 3649ê

 

CHAPTER 538, SB 424

Senate Bill No. 424–Committee on Finance

 

CHAPTER 538

 

[Approved: June 9, 2021]

 

AN ACT relating to public health; creating the Public Health Resource Office within the Office of the Governor; providing for the appointment of the Public Health Resource Officer; prescribing the duties of the Public Health Resource Office; making appropriations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes various offices within the Office of the Governor. (NRS 223.400-223.930) Section 1 of this bill: (1) creates the Public Health Resource Office within the Office of the Governor; and (2) requires the Governor to appoint the Public Health Resource Officer. Section 1 requires the Office to perform certain duties to improve the delivery of public health services and otherwise meet the public health needs of this State. Section 1.3 of this bill authorizes the Governor to employ staff for the Public Health Resource Office, and section 1.6 of this bill makes an appropriation for the personnel, travel, operating and equipment costs of the Office.

      Existing law creates the Office of Minority Health and Equity within the Department of Health and Human Services to: (1) improve the quality of health care services for members of minority groups; (2) increase access to health care services for members of minority groups; (3) disseminate information to and educate the public on matters concerning health care issues of interest to members of minority groups; and (4) develop recommendations for changes in policy and advocate on behalf of minority groups. (NRS 232.474) Section 1.5 of this bill requires the Office of Minority Health and Equity to advise the Public Health Resource Officer concerning strategies to address disparate health outcomes in certain communities. Section 1.9 of this bill makes an appropriation for the personnel, travel, operating and equipment costs to perform this duty.

 

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

      1.  The Public Health Resource Office is hereby created within the Office of the Governor.

      2.  The Governor shall appoint a person who is knowledgeable in the field of public health to serve as the Public Health Resource Officer. The Public Health Resource Officer is not in the classified or unclassified service of the State and serves at the pleasure of the Governor.

      3.  The Public Health Resource Office may accept gifts, grants and donations to support its duties.

      4.  The Public Health Resource Office shall:

 


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ê2021 Statutes of Nevada, Page 3650 (CHAPTER 538, SB 424)ê

 

      (a) Analyze the existing infrastructure for meeting the public health needs of this State and the relationships between persons and entities involved in the provision of public health services, including, without limitation, the Division of Public and Behavioral Health of the Department of Health and Human Services, local health authorities, providers of health care, health care facilities and nonprofit organizations; and

      (b) Identify and make recommendations to the Governor, the Legislature, the Director of the Department of Health and Human Services and the Administrator of the Division of Public and Behavioral Health of the Department concerning:

             (1) Unmet needs for public health services;

             (2) Opportunities to obtain federal or private funding to support public health services; and

             (3) Ways in which to improve coordination between providers of public health services and maximize efficiency in the delivery of public health services.

      Sec. 1.3. NRS 223.085 is hereby amended to read as follows:

      223.085  1.  The Governor may, within the limits of available money, employ such persons as he or she deems necessary to provide an appropriate staff for the Office of the Governor, including, without limitation, the Office of Economic Development, the Office of Science, Innovation and Technology, the Office of the Western Regional Education Compact, the Office of Workforce Innovation , the Public Health Resource Office and the Governor’s mansion. Except as otherwise provided by specific statute, such employees are not in the classified or unclassified service of the State and, except as otherwise provided in NRS 231.043 and 231.047, serve at the pleasure of the Governor.

      2.  Except as otherwise provided by specific statute, the Governor shall:

      (a) Determine the salaries and benefits of the persons employed pursuant to subsection 1, within limits of money available for that purpose; and

      (b) Adopt such rules and policies as he or she deems appropriate to establish the duties and employment rights of the persons employed pursuant to subsection 1.

      3.  The Governor may:

      (a) Appoint a Chief Information Officer of the State; or

      (b) Designate the Administrator as the Chief Information Officer of the State.

Ê If the Administrator is so appointed, the Administrator shall serve as the Chief Information Officer of the State without additional compensation.

      4.  As used in this section, “Administrator” means the Administrator of the Division of Enterprise Information Technology Services of the Department of Administration.

 


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ê2021 Statutes of Nevada, Page 3651 (CHAPTER 538, SB 424)ê

 

      Sec. 1.5. NRS 232.475 is hereby amended to read as follows:

      232.475  1.  In accomplishing its purposes, the Office shall:

      (a) Provide a central source of information for the use of the public concerning health care services for members of minority groups and health care issues of interest to those members;

      (b) Identify and use any available resources for the improvement of the quality of health care services for members of minority groups and for increased access to health care services for those members;

      (c) Develop and coordinate plans and programs to improve the quality of health care services for members of minority groups and to increase access to health care services for those members, including, without limitation, plans and programs that primarily serve local communities;

      (d) Research and make recommendations to the Public Health Resource Officer appointed pursuant to section 1 of this act concerning strategies to address disparate health outcomes in:

             (1) Communities of Black persons, Indigenous persons and persons of color resulting from systemic racism and structures of racial discrimination; and

             (2) Rural communities and other underserved communities;

      (e) Hold conferences and provide training concerning cultural diversity in the workplace for public and private entities that offer services in the field of health care, including, without limitation, providing recommendations and opportunities for training for such public and private entities to improve recruitment of members of minority groups;

      [(e)](f) Whenever possible, incorporate the use of bilingual communication in its programs and activities;

      [(f)](g) Publicize health care issues of interest to members of minority groups; and

      [(g)](h) Develop and carry out such other programs and activities as the Office deems appropriate.

      2.  In carrying out the duties set forth in subsection 1, the Office may seek assistance from and cooperate with a public or private entity.

      Sec. 1.6.  1.  There is hereby appropriated from the State General Fund to the Public Health Resource Office within the Office of the Governor created by section 1 of this act for personnel, travel, operating and equipment costs the following sums:

For the Fiscal Year 2021-2022.................................................... $176,079

For the Fiscal Year 2022-2023.................................................... $226,799

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.

 


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ê2021 Statutes of Nevada, Page 3652 (CHAPTER 538, SB 424)ê

 

      Sec. 1.9.  1.  There is hereby appropriated from the State General Fund to the Department of Health and Human Services for the personnel, travel, operating and equipment costs to carry out the provisions of paragraph (d) of subsection 1 of NRS 232.475, as amended by section 1.5 of this act, the following sums:

For the Fiscal Year 2021-2022...................................................... $76,062

For the Fiscal Year 2022-2023...................................................... $98,511

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.

      Sec. 2.  Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.

      Sec. 3.  1.  This section and section 2 of this act become effective upon passage and approval.

      2.  Sections 1, 1.3 and 1.5 of this act become effective:

      (a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks; and

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

      3.  Sections 1.6 and 1.9 of this act become effective on July 1, 2021.

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ê2021 Statutes of Nevada, Page 3653ê

 

CHAPTER 539, SB 340

Senate Bill No. 340–Senators Neal and Donate

 

CHAPTER 539

 

[Approved: June 9, 2021]

 

AN ACT relating to employment; requiring the Director of the Department of Health and Human Services to establish a home care employment standards board under certain circumstances; prescribing the membership of a home care employment standards board; requiring such a board to conduct an investigation into certain matters relating to the employment of home care employees; requiring such a board to develop recommendations concerning the minimum wage for home care employees or the working conditions of such employees; authorizing the Director to adopt regulations implementing such recommendations; revising provisions governing the administration and enforcement of provisions governing the minimum wage paid to employees in this State; providing penalties; making appropriations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires an employer to pay an employee a wage of not less than a certain minimum wage. (Nev. Const. Art. 15, § 16; NRS 608.250) Existing law requires the Labor Commissioner to administer and enforce the provisions of existing law governing the minimum wage. (NRS 608.270)

      Existing law provides for the establishment of certain programs to provide services to certain elderly persons or persons with disabilities to allow such persons to remain in their homes or in the community. (NRS 422.396, 427A.250-427A.280, 427A.793) Section 8 of this bill designates such a program, and any similar program established by a state agency or a local government, as a “home care program.”

      Existing law authorizes an agency licensed as an agency to provide personal care services in the home to provide certain authorized medical services to persons with disabilities and certain nonmedical services related to personal care to elderly persons or persons with disabilities. (NRS 449.1935) Under existing law, certain providers of temporary respite services are not required to be licensed as an agency to provide personal care services in the home. (NRS 449.0021) Existing law authorizes a certified intermediary service organization to provide certain services related to the employment of a personal assistant who is selected by a person with a disability or other responsible person to provide certain nonmedical and authorized medical services to the person with a disability. (NRS 449.4308)

      Section 6 of this bill designates an agency to provide personal care services in the home, an intermediary service organization and certain providers of temporary respite services that have entered into a contract with a state agency or a local government to provide certain services under a home care program as “home care employers.” Section 5 of this bill designates a person who is an employee of a home care employer and who provides personal care services, personal assistance or temporary respite services through a home care program as a “home care employee.”

      Section 13 of this bill requires the Director of the Department of Health and Human Services to establish a home care employment standards board if the Director determines that it is necessary or upon the petition of 50 or more home care employees. Section 13 sets forth the membership of such a board, which consists of certain representatives of home care employers and home care employees and certain other persons. Section 14 of this bill provides that if the Director establishes a home care employment standards board upon the petition of 50 or more home care employees, the Director or his or her designee is required to meet with representatives of the petitioners and discuss certain matters relating to the employment of home care employees.

 


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ê2021 Statutes of Nevada, Page 3654 (CHAPTER 539, SB 340)ê

 

employees. Section 15 of this bill requires the Director and the Labor Commissioner to conduct an investigation into certain matters relating to the employment of home care employees and present the findings of the investigation to a home care employment standards board at the first meeting of the board.

      Section 16 of this bill requires a home care employment standards board to conduct an investigation into certain matters of its choosing related to the wages and working conditions of home care employees and the compliance of home care employers with applicable laws. Section 16 also requires a home care employment standards board to, based on such an investigation, develop recommendations regarding: (1) the minimum wage that may be paid to a home care employee; or (2) safe and healthful working conditions for home care employees. Section 16 requires a home care employment standards board to submit to the Director a report with its findings and recommendations not later than 1 year after the date of its first meeting. Section 16.5 of this bill requires the Director to make any report submitted by a home care employment standards board available on an Internet website maintained by the Director.

      Section 17 of this bill authorizes the Director to take certain actions with respect to the report of a home care employment standards board. Under section 18 of this bill, if the Director approves of a recommendation of such a board, the Director is required to adopt regulations as necessary to: (1) establish the minimum wage recommended by the home care employment standards board as the minimum wage which may be paid by a home care employer to a home care employee in this State; or (2) provide for safe and healthful working conditions for home care employees in accordance with the recommendation of the home care employment standards board. Section 18 also provides that if the Director establishes a minimum wage for a home care employee, the Director is also authorized to adopt regulations concerning the payment of overtime for such employees. Section 21 of this bill provides that such regulations prevail over the provisions of existing law governing the payment of overtime generally. (NRS 608.018)

      Section 20 of this bill makes it a misdemeanor for a home care employer to take certain actions against a home care employee because the home care employee engages in or is believed to have engaged in certain activities relating to a home care employment standards board.

      Section 22 of this bill revises provisions of existing law which authorize an employee to bring a civil action against an employer who pays the employee less than the minimum wage for the purpose of allowing a home care employee to bring such an action against a home care employer who pays the homecare employee less than the minimum wage for a home care employee established by regulation pursuant to section 18. (NRS 608.260)

      Section 23 of this bill provides for the enforcement of the provisions governing the minimum wage for a home care employee established pursuant to section 18 in the same manner in which the minimum wage established under existing law is enforced. (NRS 608.270)

      Existing law provides that a person who violates the provisions of existing law governing the minimum wage is guilty of a misdemeanor and is subject to an administrative fine of not more than $5,000. (NRS 608.290) Section 24 of this bill applies these same penalties to a person who violates the provisions governing the minimum wage for a home care employee established by the Director pursuant to section 18.

      Section 25 of this bill authorizes a home care employment standards board or the Labor Commissioner to develop certain recommendations related to the outbreak of the disease identified by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services as COVID-19 and submit such recommendations to the Governor and the Legislature.

      Sections 3-12 of this bill define words and terms for the purposes of sections 2-20 of this bill. Sections 26 and 27 of this bill make appropriations to the Office of the Labor Commissioner in the Department of Business and Industry and the Division of Public and Behavioral Health of the Department of Health and Human Services, respectively, for personnel, operating and equipment costs to carry out the provisions of this bill.

 


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ê2021 Statutes of Nevada, Page 3655 (CHAPTER 539, SB 340)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 608 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 20, inclusive, of this act.

      Sec. 2. As used in sections 2 to 20, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 12, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021.

      Sec. 4. “Director” means the Director of the Department of Health and Human Services.

      Sec. 5. 1.  “Home care employee” means a person who provides:

      (a) Personal care services through a home care program as an employee of a home care employer that is an agency to provide personal care services in the home;

      (b) Personal assistance through a home care program as a personal assistant for whom a home care employer that is an intermediary service organization is the employer of record; or

      (c) Temporary respite services through a home care program as an employee of a home care employer that has entered into a contract with the Aging and Disability Services Division of the Department of Health and Human Services to provide such services.

      2.  As used in this section, “personal assistant” has the meaning ascribed to it in NRS 449.4308.

      Sec. 6. “Home care employer” means:

      1.  An agency to provide personal care services in the home that has entered into a contract with a state agency or local government to provide personal care services under a home care program;

      2.  An intermediary service organization that has entered into a contract with a state agency or local government to provide services relating to personal assistance under a home care program; or

      3.  A person or agency who has entered into a contract with the Aging and Disability Services Division of the Department of Health and Human Services to provide temporary respite services under a home care program.

      Sec. 7. “Home care employment standards board” means a board established by the Director pursuant to section 13 or 17 of this act.

      Sec. 8. 1.  “Home care program” means a program established by a state agency or a local government which provides in the home personal care services, personal assistance or temporary respite services to elderly persons or persons with disabilities.

      2.  The term includes, without limitation:

      (a) Any program established under the State Plan for Medicaid which provides, in the home, the services described in subsection 1.

      (b) Any program established pursuant to NRS 427A.250 to 427A.280, inclusive.

      (c) The program established pursuant to NRS 422.396.

      (d) The program established pursuant to NRS 427A.793.

      Sec. 9. “Intermediary service organization” has the meaning ascribed to it in NRS 449.4304.

 


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ê2021 Statutes of Nevada, Page 3656 (CHAPTER 539, SB 340)ê

 

      Sec. 10. “Personal assistance” has the meaning ascribed to it in NRS 449.4308.

      Sec. 11. “Personal care services” means the services described in NRS 449.1935.

      Sec. 12. “Temporary respite services” has the meaning ascribed to it in NRS 449.0021.

      Sec. 13. 1.  If the Director determines that it is necessary or upon the petition of 50 or more home care employees, the Director shall establish a home care employment standards board to conduct an investigation and develop recommendations as provided in section 16 of this act.

      2.  A home care employment standards board must consist of:

      (a) The Director or his or her designee, who serves as Chair and a nonvoting member; and

      (b) The following voting members:

             (1) The Labor Commissioner;

             (2) Three representatives of home care employers, appointed by the Director;

             (3) Three representatives of home care employees, appointed by the Director; and

             (4) Three persons who receive or are representatives of persons who receive services from a home care employee, appointed by the Director.

      3.  The Director shall appoint the members of a home care employment standards board pursuant to subparagraphs (2), (3) and (4) of paragraph (b) of subsection 2 after providing public notice and soliciting applications for the appointment of such members.

      4.  The members of a home care employment standards board serve without compensation.

      5.  A majority of the voting members of a home care employment standards board constitutes a quorum to transact business, and a majority of a quorum present at any meeting is sufficient to approve any recommendation of such a board.

      6.  A home care employment standards board shall meet at the times and places specified by a call of the Chair. A home care employment standards board shall meet as often as necessary to accomplish the duties set forth in section 16 of this act, but not less than once each calendar quarter.

      Sec. 14. If the Director establishes a home care employment standards board upon the petition of 50 or more home care employees pursuant to section 13 of this act, the Director or his or her designee shall, not later than 30 days after the receipt of the petition, meet with representatives of the persons who submitted the petition and discuss matters relating to the wages and working conditions of home care employees in this State and the compliance of home care employers with applicable federal, state and local laws.

      Sec. 15. 1.  As soon as practicable after the appointment of the members of a home care employment standards board pursuant to section 13 of this act, the Director shall fix a date for the first meeting of the board. If a home care employment standards board is established upon the petition of 50 or more home care employees pursuant to section 13 of this act, the first meeting of the board must be held not later than 60 days after the date of the meeting described in section 14 of this act.

 


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ê2021 Statutes of Nevada, Page 3657 (CHAPTER 539, SB 340)ê

 

act, the first meeting of the board must be held not later than 60 days after the date of the meeting described in section 14 of this act.

      2.  Before the first meeting of a home care employment standards board, the Director and the Labor Commissioner shall conduct a preliminary investigation into the wages and working conditions of home care employees in this State and the compliance of home care employers with applicable federal, state and local laws. The Director and the Labor Commissioner shall coordinate with the Aging and Disability Services Division of the Department, the Division of Health Care Financing and Policy of the Department and the Division of Public and Behavioral Health of the Department as necessary to complete the investigation.

      3.  The Director and the Labor Commissioner shall present the results of the preliminary investigation conducted pursuant to subsection 2 to the home care employment standards board at the first meeting of the board.

      4.  As used in this section, “Department” means the Department of Health and Human Services.

      Sec. 16. 1.  A home care employment standards board shall:

      (a) Conduct an investigation into matters relating to the wages and working conditions of home care employees in this State and the compliance of home care employers with applicable federal, state and local laws; and

      (b) Based on the investigation conducted pursuant to paragraph (a), develop recommendations regarding:

             (1) The minimum wage that may be paid to a home care employee in this State; or

            (2) Safe and healthful working conditions for home care employees.

      2.  A home care employment standards board shall determine the scope of its investigation conducted pursuant to paragraph (a) of subsection 1 and the specific matters into which it will inquire, which may include, without limitation:

      (a) The adequacy of wage rates and other compensation policies of home care employers to ensure the provision of quality services and sufficient levels of recruitment and retention of home care employees;

      (b) The sufficiency of levels of recruitment and retention of home care employees;

      (c) The adequacy of the role of home care employees in making decisions affecting their wages and working conditions;

      (d) The adequacy and enforcement of training requirements for home care employees;

      (e) The impact of home care programs, the larger system for long-term care in this State and any efforts to reach the goal of rebalancing long-term care services toward home and community-based services on the wages and working conditions of home care employees;

      (f) The impact of systemic racism and economic injustice on home care employees and the adequacy of efforts to alleviate such impact through the development of career paths through partnerships between labor and management and other methods; and

      (g) The adequacy of payment practices and policies of the State as such practices and policies relate to the reimbursement of home care employers for the provision of services under a home care program.

 


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ê2021 Statutes of Nevada, Page 3658 (CHAPTER 539, SB 340)ê

 

      3.  In conducting the investigation pursuant to paragraph (a) of subsection 1, a home care employment standards board shall have the power to administer oaths, take testimony thereunder and issue subpoenas for the attendance of witnesses and the production of books, papers and any other materials relevant to the investigation.

      4.  A home care employment standards board may request information relevant to the investigation conducted pursuant to paragraph (a) of subsection 1 directly from any state agency. A state agency that receives a reasonable request for information from a home care employment standards board shall comply with the request as soon as is reasonably practicable after receiving the request.

      5.  A home care employment standards board may request direct testimony from any state agency at a meeting of the board. The head, or a designee thereof, of a state agency who receives a reasonable request for direct testimony at a meeting of a home care employment standards board shall appear at the meeting and shall comply with the request.

      6.  Not later than 1 year after the date of the first meeting of a home care employment standards board, the board shall submit to the Director a report of its findings and recommendations.

      Sec. 16.5. The Director shall make any report submitted by a home care employment standards board pursuant to section 16 of this act available on an Internet website maintained by the Director.

      Sec. 17. Upon receipt of a report submitted by a home care employment standards board pursuant to subsection 6 of section 16 of this act, the Director shall review the findings and each recommendation contained in the report. The Director may:

      1.  Approve or disapprove any recommendation;

      2.  Require the home care employment standards board that submitted the report to conduct a new investigation and develop new recommendations in accordance with section 16 of this act; or

      3.  Establish a new home care employment standards board in the manner provided in section 13 of this act to conduct a new investigation and develop new recommendations in accordance with section 16 of this act.

      Sec. 18. 1.  If the Director approves a recommendation contained in a report submitted by a home care employment standards board pursuant to subsection 6 of section 16 of this act, the Director shall adopt regulations necessary to:

      (a) Establish the minimum wage recommended by the home care employment standards board as the minimum wage which may be paid to a home care employee in this State; or

      (b) Provide for safe and healthful working conditions for home care employees in accordance with the recommendation of the home care employment standards board.

      2.  If the Director adopts regulations establishing the minimum wage which may be paid to a home care employee pursuant to paragraph (a) of subsection 1, the Director may also adopt any regulations concerning the payment of overtime to a home care employee which the Director deems appropriate and which are consistent with federal law.

      Sec. 19. If the Director adopts regulations establishing the minimum wage which may be paid to a home care employee pursuant to section 18 of this act:

 


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ê2021 Statutes of Nevada, Page 3659 (CHAPTER 539, SB 340)ê

 

      1.  Each home care employer shall pay to each home care employee of the employer a wage of not less than the minimum wage established by regulation of the Director pursuant to section 18 of this act.

      2.  It is unlawful for a home care employer to employ, cause to be employed or permit to be employed, or to contract with, cause to be contracted with or permit to be contracted with, any home care employee for a wage less than that established by regulation of the Director pursuant to section 18 of this act.

      Sec. 20. 1.  It is unlawful for a home care employer in this State to discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against, a home care employee because:

      (a) The home care employee serves as a member of a home care employment standards board;

      (b) The home care employee has actively participated in the formation of a home care employment standards board;

      (c) The home care employee has testified or is about to testify in an investigation conducted by a home care employment standards board;

      (d) The home care employee has engaged in any other activity related to the formation or activities of a home care employment standards board; or

      (e) The home care employer believes that the home care employee may engage in any of the activities described in paragraphs (a) to (d), inclusive.

      2.  A home care employer who violates the provisions of subsection 1 is guilty of a misdemeanor and shall be punished by a fine of not more than $1,000.

      Sec. 21. NRS 608.018 is hereby amended to read as follows:

      608.018  1.  An employer shall pay 1 1/2 times an employee’s regular wage rate whenever an employee who receives compensation for employment at a rate less than 1 1/2 times the minimum rate set forth in NRS 608.250 works:

      (a) More than 40 hours in any scheduled week of work; or

      (b) More than 8 hours in any workday unless by mutual agreement the employee works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.

      2.  An employer shall pay 1 1/2 times an employee’s regular wage rate whenever an employee who receives compensation for employment at a rate not less than 1 1/2 times the minimum rate set forth in NRS 608.250 works more than 40 hours in any scheduled week of work.

      3.  The provisions of subsections 1 and 2 do not apply to:

      (a) Employees who are not covered by the minimum wage provisions of Section 16 of Article 15 of the Nevada Constitution;

      (b) Outside buyers;

      (c) Employees in a retail or service business if their regular rate is more than 1 1/2 times the minimum wage, and more than half their compensation for a representative period comes from commissions on goods or services, with the representative period being, to the extent allowed pursuant to federal law, not less than 1 month;

      (d) Employees who are employed in bona fide executive, administrative or professional capacities;

      (e) Employees covered by collective bargaining agreements which provide otherwise for overtime;

 


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ê2021 Statutes of Nevada, Page 3660 (CHAPTER 539, SB 340)ê

 

      (f) Drivers, drivers’ helpers, loaders and mechanics for motor carriers subject to the Motor Carrier Act of 1935, as amended;

      (g) Employees of a railroad;

      (h) Employees of a carrier by air;

      (i) Drivers or drivers’ helpers making local deliveries and paid on a trip-rate basis or other delivery payment plan;

      (j) Drivers of taxicabs or limousines;

      (k) Agricultural employees;

      (l) Employees of business enterprises having a gross sales volume of less than $250,000 per year;

      (m) Any salesperson or mechanic primarily engaged in selling or servicing automobiles, trucks or farm equipment;

      (n) A mechanic or worker for any hours to which the provisions of subsection 3 or 4 of NRS 338.020 apply;

      (o) A domestic worker who resides in the household where he or she works if the domestic worker and his or her employer agree in writing to exempt the domestic worker from the requirements of subsections 1 and 2; and

      (p) A domestic service employee who resides in the household where he or she works if the domestic service employee and his or her employer agree in writing to exempt the domestic service employee from the requirements of subsections 1 and 2.

      4.  Any regulation of the Director of the Department of Health and Human Services concerning the payment of overtime to a home care employee adopted pursuant to section 18 of this act prevails over the general provisions of this section.

      5.  As used in this section [, “domestic] :

      (a) “Domestic worker” has the meaning ascribed to it in NRS 613.620.

      (b) “Home care employee” has the meaning ascribed to it in section 5 of this act.

      Sec. 22. NRS 608.260 is hereby amended to read as follows:

      608.260  1.  If any employer pays any employee a lesser amount than the minimum wage set forth in NRS 608.250 [,] or, if applicable, the minimum wage established by regulation of the Director of the Department of Health and Human Services pursuant to section 18 of this act, the employee may, at any time within 2 years, bring a civil action against the employer. A contract between the employer and the employee or any acceptance of a lesser wage by the employee is not a bar to the action.

      2.  If the employee prevails in a civil action brought pursuant to subsection 1:

      (a) The employee is entitled to all remedies available under the law or in equity appropriate to remedy the violation by the employer which may include, without limitation, back pay, damages, reinstatement or injunctive relief; and

      (b) The court must award the employee reasonable attorney’s fees and costs.

      Sec. 23. NRS 608.270 is hereby amended to read as follows:

      608.270  1.  The Labor Commissioner shall:

      (a) Administer and enforce the provisions of NRS 608.250 [;] and section 18 of this act;

      (b) Adopt any regulations necessary to carry out the duties set forth in paragraph (a); and

 


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ê2021 Statutes of Nevada, Page 3661 (CHAPTER 539, SB 340)ê

 

      (c) Furnish the district attorney of any county or the Attorney General all data and information concerning violations of the provisions of NRS 608.250 [,] or section 18 of this act, occurring in the county coming to the attention of the Labor Commissioner.

      2.  Each district attorney shall, if a complaint is made to him or her by the Labor Commissioner or by any aggrieved person, prosecute each violation of the provisions of NRS 608.250 or section 18 of this act that occurs in the district attorney’s county. If any such district attorney fails, neglects or refuses for 20 days to commence a prosecution for a violation of the provisions of NRS 608.250 [,] or section 18 of this act, after being furnished data and information concerning the violation, and diligently to prosecute the same to conclusion, the district attorney is guilty of a misdemeanor, and in addition thereto must be removed from office.

      Sec. 24. NRS 608.290 is hereby amended to read as follows:

      608.290  1.  Any person who violates any provision of NRS 608.250 , section 18 of this act or any regulation adopted pursuant thereto is guilty of a misdemeanor.

      2.  In addition to any other remedy or penalty, the Labor Commissioner may impose against the person an administrative penalty of not more than $5,000 for each such violation.

      Sec. 25.  1.  For the period of time that any emergency directive issued by the Governor pursuant to chapter 414 of NRS relating to the outbreak of the disease identified by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services as COVID-19 remains in effect, a home care employment standards board or, if such a board has not been established by December 1, 2021, the Labor Commissioner, may:

      (a) Examine matters relating to COVID-19, including, without limitation, the adequacy of plans relating to the distribution of personal protective equipment to home care employees, the testing of home care employees for COVID-19 and the distribution of vaccines for COVID-19 to home care employees; and

      (b) Develop recommendations concerning:

             (1) Measures to ensure that plans relating to the distribution of personal protective equipment to home care employees, the testing of home care employees for COVID-19 and the distribution of vaccines for COVID-19 to home care employees are sufficient and equitable;

             (2) Effective training requirements for home care employees for COVID-19 response;

             (3) Protocols to allow a home care employee to report an outbreak of COVID-19 or any deficiencies relating to personal protective equipment or testing for COVID-19 without fear of retaliation; and

             (4) Measures to ensure that the disbursement of federal funds for COVID-19 relief are targeted with the greatest impact.

      2.  In developing any recommendations pursuant to subsection 1, a home care employment standards board or the Labor Commissioner shall solicit input from home care employers and home care employees.

      3.  If a home care employment standards board or the Labor Commissioner develops recommendations pursuant to subsection 1, the board or the Labor Commissioner shall prepare a report summarizing such recommendations and submit the report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Legislative Commission.

 


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ê2021 Statutes of Nevada, Page 3662 (CHAPTER 539, SB 340)ê

 

of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Legislative Commission.

      4.  As used in this section:

      (a) “Home care employee” has the meaning ascribed to it in section 5 of this act.

      (b) “Home care employer” has the meaning ascribed to it in section 6 of this act.

      (c) “Home care employment standards board” has the meaning ascribed to it in section 7 of this act.

      Sec. 26.  1.  There is hereby appropriated from the State General Fund to the Office of the Labor Commissioner in the Department of Business and Industry for personnel, operating and equipment costs to carry out the provisions of this act the following sums:

For the Fiscal Year 2021-2022...................................................... $71,665

For the Fiscal Year 2022-2023...................................................... $88,469

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.

      Sec. 27.  1.  There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services for personnel, operating and equipment costs to carry out the provisions of this act the following sums:

For the Fiscal Year 2021-2022...................................................... $86,609

For the Fiscal Year 2022-2023.................................................... $110,120

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.

      Sec. 28.  1.  This section and sections 26 and 27 of this act become effective on July 1, 2021.

      2.  Sections 1 to 25, inclusive, of this act become effective on October 1, 2021.

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ê2021 Statutes of Nevada, Page 3663ê

 

CHAPTER 540, SB 434

Senate Bill No. 434–Committee on Finance

 

CHAPTER 540

 

[Approved: June 9, 2021]

 

AN ACT making an appropriation to the Office of Finance in the Office of the Governor for the construction of a medical school at the University of Nevada, Las Vegas; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor the sum of $25,000,000 for the construction of a medical school at the University of Nevada, Las Vegas.

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

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

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ê2021 Statutes of Nevada, Page 3664ê

 

CHAPTER 541, AB 319

Assembly Bill No. 319–Assemblymen Roberts and Jauregui

 

CHAPTER 541

 

[Approved: June 9, 2021]

 

AN ACT relating to education; requiring the College of Southern Nevada to establish a pilot program to enhance opportunities for pupils to enroll in dual credit courses; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a pupil enrolled in high school to enroll in a dual credit course. (NRS 389.300) Existing law requires each school district and charter school to enter into cooperative agreements with one or more community colleges, state colleges and universities to offer dual credit courses to pupils. (NRS 389.310) This bill establishes a pilot program for dual credit courses at the College of Southern Nevada. Section 1 of this bill requires the College of Southern Nevada to offer a pilot program for dual credit courses. Section 1 requires the pilot program to include: (1) strategies to expand opportunities for enrollment in dual credit courses for certain pupils; (2) a plan to promote enrollment in dual credit courses through the pilot program; and (3) a system of instruction by which a pupil who participates in the pilot program may earn at least 15 college credits. Section 2 of this bill requires the College of Southern Nevada and the board of trustees of a school district and governing body of a charter school that participates in a pilot program established pursuant to section 1 to submit a report containing certain information related to the pilot program to: (1) the Governor; (2) the State Board of Education; (3) the Board of Regents of the University of Nevada; and (4) the Legislative Committee on Education. Section 3 of this bill authorizes the College of Southern Nevada to apply for and accept any gift, donation, bequest, grant or other source of money to administer the pilot program. Section 5 of this bill provides that the pilot program created by this bill expires by limitation on June 30, 2023.

 

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

 

      Whereas, Dual credit courses represent an essential strategy in the statewide effort to develop a skilled and competitive workforce by increasing the number of Nevadans who are ready for college or a career upon graduation from high school and who successfully attain a postsecondary credential, certificate or degree; and

      Whereas, It is a strategic priority for this State to increase the number of persons who complete a postsecondary credential, certificate or degree, especially in high-demand occupations; and

      Whereas, It is in the interest of this State to enhance existing programs for dual credit courses whereby a pupil in high school may earn college credit for courses taken in high school; and

      Whereas, Expanding the opportunity to participate in dual credit courses will allow dual credit courses to serve a broader range of pupils in this State, including, without limitation, pupils who are part of underserved or at-risk communities and communities with historically low rates of participation in postsecondary education; and

      Whereas, Successful implementation of dual credit courses requires partnership and collaboration between public schools and the Nevada System of Higher Education; and

 


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ê2021 Statutes of Nevada, Page 3665 (CHAPTER 541, AB 319)ê

 

      Whereas, A pilot program using the dual credit program at the College of Southern Nevada can be used to increase opportunities for certain pupils within the service area of the College of Southern Nevada; and

      Whereas, The purpose of the pilot program described in this act is to provide a model for achieving the strategic objectives of this State relating to postsecondary education by enhancing the opportunities for enrollment in dual credit courses available to pupils in this State; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The College of Southern Nevada shall develop, create and administer a pilot program in accordance with the provisions of NRS 389.310 to offer enhanced opportunities for pupils to enroll in dual credit courses including, without limitation, dual credit courses offered through a concurrent enrollment model. The pilot program must include, without limitation:

      (a) Strategies to expand opportunities for enrollment in dual credit courses for pupils who are:

             (1) Part of underserved populations;

             (2) At-risk;

             (3) Interested in postsecondary education but may need remedial courses in mathematics or English language arts; and

             (4) Interested in pursuing a program of career and technical education in a high-demand occupation;

      (b) A plan to promote enrollment in dual credit courses through the pilot program in public schools that are within the service region of the College of Southern Nevada, including, without limitation, the manner by which:

             (1) Pupils and the parents or legal guardians of pupils will be informed of the pilot program as an educational option and mechanism for acceleration of opportunities for postsecondary education; and

             (2) The College of Southern Nevada and the board of trustees of a school district or governing body of a charter school that participates in the pilot program pursuant to this section will ensure timely and efficient access to libraries and support services including, without limitation, academic advising, counseling, tutoring and career planning services for pupils enrolled in the pilot program in order to address the progress of a pupil in any academic program established for the pupil, including, without limitation, the academic plan developed for the pupil pursuant to NRS 388.205; and

      (c) A system of instruction by which a pupil who participates in the pilot program may earn at least 15 college credits while still enrolled in high school.

      2.  The College of Southern Nevada may extend enrollment in remedial courses pursuant to subparagraph (3) of paragraph (a) of subsection 1 to a pupil who does not otherwise meet any requirements for eligibility to enroll in the pilot program.

      3.  As used in this section:

      (a) “At-risk” means a pupil who has an economic or academic disadvantage such that he or she requires special services and assistance to enable him or her to succeed in educational programs. The term includes, without limitation, pupils who are members of economically disadvantaged families, pupils who are English learners, pupils who are at risk of dropping out of high school and pupils who do not meet minimum standards of academic proficiency.

 


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ê2021 Statutes of Nevada, Page 3666 (CHAPTER 541, AB 319)ê

 

families, pupils who are English learners, pupils who are at risk of dropping out of high school and pupils who do not meet minimum standards of academic proficiency. The term does not include a pupil with a disability.

      (b) “Concurrent enrollment model” means the teaching of courses in a dual credit program:

             (1) Principally in a high school classroom during the regular school day, ether in a traditional setting or virtually;

             (2) By a teacher employed at a high school who is approved to teach a dual credit course by a community college, state college or university; and

             (3) To pupils who earn both high school and college credit for a course.

      Sec. 2.  1.  On or before August 1, 2022, the College of Southern Nevada and the board of trustees of a school district and governing body of a charter school that participates in a pilot program established pursuant to section 1 of this act shall submit a report with its findings and any recommendations relating to the pilot program or for expanding opportunities for enrollment in dual credit courses in this State to:

      (a) The Governor;

      (b) The State Board of Education;

      (c) The Board of Regents of the University of Nevada; and

      (d) The Legislative Committee on Education.

      2.  The report submitted pursuant to subsection 1 must include:

      (a) Data on pupil participation and completion of dual credit courses in the pilot program; and

      (b) The revenues and expenditures attributable to the activities of the pilot program for the immediately preceding school year.

      Sec. 3.  The College of Southern Nevada may apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of sections 1 and 2 of this act.

      Sec. 4.  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. 5.  1.  This section and section 4 of this act become effective upon passage and approval.

      2.  Sections 1, 2 and 3 of this act become effective:

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

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

      3.  Sections 1, 2 and 3 of this act expire by limitation on June 30, 2023.

________

 


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ê2021 Statutes of Nevada, Page 3667ê

 

CHAPTER 542, SB 347

Senate Bill No. 347–Senator Scheible

 

Joint Sponsors: Assemblymen Flores and Torres

 

CHAPTER 542

 

[Approved: June 9, 2021]

 

AN ACT relating to higher education; creating the Task Force on Sexual Misconduct at Institutions of Higher Education; prescribing the membership, duties and compensation of the Task Force; authorizing the Board of Regents of the University of Nevada to appoint researchers to develop a climate survey on sexual misconduct; authorizing the Board of Regents to require the institutions within the Nevada System of Higher Education to administer the climate survey to students; authorizing the imposition of additional requirements for the grievance process at an institution within the System; authorizing the Board of Regents to require each institution within the System to adopt a policy on sexual misconduct, enter into a memorandum of understanding with certain organizations and designate an advocate; prohibiting an institution within the System from imposing certain sanctions on certain students; authorizing the Board of Regents to require an institution within the System to take certain actions regarding a report of an alleged incident of sexual misconduct; providing for certain training and programming related to sexual misconduct; authorizing a student who has experienced sexual misconduct to request a waiver from certain requirements of scholarships or academic activities; authorizing the Board of Regents to require an annual report from institutions within the System on certain information relating to sexual misconduct; authorizing the Board of Regents to adopt regulations; making certain information relating to incidents of sexual misconduct confidential; revising provisions relating to tuition charges; revising requirements relating to certain scholarships and grants; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing federal law prohibits discrimination based on sex in programs or activities of education that receive federal funding. (Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681 et seq.; 34 C.F.R. Part 106) Under existing federal regulations, an institution of higher education that receives federal funding must follow a grievance process that complies with Title IX to address formal complaints that allege an incident of sexual harassment that occurs in relation to an education program or activity of the institution, including, without limitation, incidents that occur on or off a campus of the institution. (34 C.F.R. §§ 106.44, 106.45) This bill generally expands the protections provided by Title IX.

      Sections 2.3-11 of this bill define relevant terms. Section 12 of this bill creates the Task Force on Sexual Misconduct at Institutions of Higher Education and prescribes the membership of the Task Force. Section 12.5 of this bill prescribes the duties of the Task Force. Section 13 of this bill authorizes the Board of Regents of the University of Nevada, to the extent money is available, to appoint researchers to develop a climate survey on sexual misconduct and prescribes the requirements of the climate survey. Section 14 of this bill authorizes the Board of Regents, to the extent money is available, to require an institution within the Nevada System of Higher Education to conduct a climate survey on sexual misconduct, and section 15 of this bill sets forth the duties of the Board of Regents regarding the climate survey.

 


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ê2021 Statutes of Nevada, Page 3668 (CHAPTER 542, SB 347)ê

 

money is available, to require an institution within the Nevada System of Higher Education to conduct a climate survey on sexual misconduct, and section 15 of this bill sets forth the duties of the Board of Regents regarding the climate survey.

      Section 16 of this bill authorizes the Board of Regents to require an institution to meet certain requirements related to the grievance process of the institution.

      Section 17 of this bill authorizes the Board of Regents to require an institution within the System to adopt a policy on sexual misconduct and sets forth certain requirements related to the adoption of the policy. Section 18 of this bill prescribes the information that must be included in a policy on sexual misconduct, if such a policy is required to be adopted by an institution.

      Section 19 of this bill authorizes the Board of Regents to require an institution to enter into a memorandum of understanding with an organization that assists persons involved in sexual misconduct, and sets forth the provisions that may be included in such a memorandum of understanding.

      Section 20 of this bill authorizes the Board of Regents to require an institution within the System to designate an advocate and provide training to the advocate. Section 21 of this bill sets forth the duties of the advocate if an advocate is designated by an institution. Under existing law, certain communications between a victim and a victim’s advocate are deemed to be confidential. (NRS 49.2546) Existing law defines a victim’s advocate as a person who works for certain programs within the System that provide assistance to victims of certain acts. (NRS 49.2545) Section 28 of this bill includes the provision of services pursuant to sections 2-27 of this bill to victims of sexual misconduct in the definition of a victim’s advocate.

      Section 22 of this bill authorizes the Board of Regents to prohibit an institution within the System from sanctioning a complainant, reporting party or witness for violating a policy of student conduct that occurred during or related to an alleged incident of sexual misconduct.

      Section 23 of this bill authorizes the Board of Regents to require an institution within the System to provide training on the grievance process of the institution to certain employees. Section 24 of this bill authorizes the Board of Regents to require an institution within the System to provide programming on the awareness and prevention of sexual misconduct to students and employees of the institution.

      Section 24.3 of this bill authorizes the Board of Regents to require an institution within the System to determine the responsibility of a respondent for an alleged incident of sexual misconduct based on a preponderance of the evidence. Section 24.7 of this bill sets forth the requirements for conducting an investigation. Section 24.5 of this bill authorizes the Board of Regents to require an institution within the System to accept a request from a complainant who is at least 18 years of age to keep the identity of the complainant confidential unless state or federal law requires disclosure or further action. Section 24.9 of this bill authorizes an institution to issue a no-contact directive in certain circumstances.

      Section 24.95 of this bill authorizes a student who has experienced sexual misconduct to request a waiver from certain requirements of various scholarships or academic activities. Sections 27.1-27.9 of this bill make conforming changes relating to such a waiver.

      Section 25 of this bill authorizes the Board of Regents to require an institution within the System to submit an annual report to the Board of Regents on certain information relating to sexual misconduct. Section 25 also requires the Board of Regents to compile the reports and submit the compilation to the Director of the Department of Health and Human Services and to the Legislature or Legislative Committee on Education.

      Section 27 of this bill authorizes the Board of Regents to adopt regulations.

      Section 28.5 of this bill makes certain information generated pursuant to a climate survey on sexual misconduct and the annual report on sexual misconduct prepared by an institution within the System confidential. (NRS 293.010)

      Under existing law, the Board of Regents may not fix tuition charges against certain students. (NRS 396.540) Section 27.05 of this bill prohibits the Board of Regents from fixing tuition charges against: (1) students whose parent, legal guardian or spouse was stationed at a military installation associated with Nevada on the date the student is admitted to a university, state college or community college; and (2) students who graduated from a high school in this State, regardless of whether the student or the student’s family is a bona fide resident.

 


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ê2021 Statutes of Nevada, Page 3669 (CHAPTER 542, SB 347)ê

 

or spouse was stationed at a military installation associated with Nevada on the date the student is admitted to a university, state college or community college; and (2) students who graduated from a high school in this State, regardless of whether the student or the student’s family is a bona fide resident.

      Existing law sets forth various requirements to obtain a scholarship or grant under the Governor Guinn Millennium Scholarship Program, the Silver State Opportunity Grant Program or the Nevada Promise Scholarship Program. (NRS 396.930, 396.952, 396.956, 396.9665) Section 27.5 of this bill removes a requirement to certify that the applicant is a citizen of or legal immigrant to the United States to receive a Millennium Scholarship. Sections 27.93 and 27.95 of this bill remove requirements to complete the Free Application for Federal Student Aid to receive a Silver State Opportunity Grant in certain circumstances. Sections 27.93 and 27.97 of this bill provide that a student may be eligible for a Silver State Opportunity Grant or a Nevada Promise Scholarship if the student graduated from a high school located in this State, regardless of whether the student is a bona fide resident.

      Existing law requires the Board of Regents to distribute scholarships under the Nevada Promise Scholarship Program first to students who complete the Free Application for Federal Student Aid and then, if there is money remaining for additional distributions, to students who are prohibited by federal law from completing the Free Application for Federal Student Aid. (NRS 396.968) Section 37.99 of this bill removes this requirement.

      Under existing federal law, a state may provide a qualified tuition program to help families pay for college education. (26 U.S.C. § 529) Existing state law establishes the Nevada Higher Education Prepaid Tuition Program and the Nevada College Savings Program. (NRS 353B.010-353B.190, 353B.300-353B.370) Section 28.7 of this bill prohibits a prepaid tuition program or college savings program from excluding a person or his or her family from participating in such a program based solely on the citizenship or immigration status of the person or his or her family.

 

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 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 27, inclusive, of this act.

      Sec. 2. As used in sections 2 to 27, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 2.3 to 11, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 2.3. “Complainant” means a student or employee of an institution within the System who is alleged to be the victim of conduct that could constitute sexual misconduct.

      Sec. 2.5. “Dating violence” has the meaning ascribed to it in 34 U.S.C. § 12291(a).

      Sec. 3. “Domestic violence” has the meaning ascribed to it in 34 U.S.C. § 12291(a).

      Sec. 4. “Reporting party” means a person who reports an alleged incident of sexual misconduct to the institution.

      Sec. 5. “Respondent” means a person who has been reported to be the perpetrator of conduct that could constitute sexual misconduct.

      Sec. 6. “Sexual assault” has the meaning ascribed to it in 20 U.S.C. § 1092(f)(6)(A)(v).

 


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ê2021 Statutes of Nevada, Page 3670 (CHAPTER 542, SB 347)ê

 

      Sec. 7. “Sexual harassment” means conduct on the basis of sex, whether direct or indirect, implicit or explicit, verbal or nonverbal or in person or via virtual or electronic means, that satisfies one or more of the following:

      1.  An employee of an institution within the System conditioning the provision of an aid, benefit or service of the institution or the terms, conditions or privileges of the participation of a person in the education programs or activities of the institution on the person’s participation in unwelcome sexual conduct, including, without limitation:

      (a) A sexual advance;

      (b) A request for sexual favors; or

      (c) Other conduct of a sexual nature.

      2.  Unwelcome sexual advances, requests for sexual favors and conduct of a sexual nature or evincing gender bias:

      (a) That, in the educational environment, is made a term or condition of a student’s academic status or, based on an objective standard, is sufficiently severe, persistent or pervasive that it interferes with, limits or effectively denies a student the ability to participate in or benefit from the services, activities or opportunities offered by an institution within the System.

      (b) Where, in the workplace, submission to or rejection of the sexual advances, requests for sexual favors or conduct is used as a basis for decisions or evaluations related to academics or employment or permission to participate in a service, activity or opportunity offered by an institution within the System or that, based on an objective standard, is sufficiently severe, persistent or pervasive that it creates an intimidating, hostile or abusive work environment which may or may not interfere with an employee’s job performance.

      3.  Sexual assault, dating violence, domestic violence or stalking.

      Sec. 8. “Sexual misconduct” means dating violence, domestic violence, gender-based violence, gender-based harassment, violence based on sexual orientation or gender identity or expression, sexual assault, sexual harassment, stalking or indecent exposure.

      Sec. 9. “Stalking” has the meaning ascribed to it in 34 C.F.R. § 106.30.

      Sec. 9.5. “Student” includes, without limitation, a former student of an institution within the System who took a leave of absence or withdrew from the institution due to being a complainant or respondent.

      Sec. 10. “Supportive measures” has the meaning ascribed to it in 34 C.F.R. § 106.30.

      Sec. 11. “Trauma-informed response” means a response involving an understanding of the complexities of sexual misconduct, including, without limitation:

      1.  Perpetrator methodology;

      2.  Conducting an effective investigation;

      3.  The neurobiological causes and impacts of trauma; and

      4.  The influence of social myths and stereotypes surrounding the causes and impacts of trauma.

      Sec. 12. 1.  There is hereby created the Task Force on Sexual Misconduct at Institutions of Higher Education consisting of 12 members as follows:

 


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ê2021 Statutes of Nevada, Page 3671 (CHAPTER 542, SB 347)ê

 

      (a) The Chancellor of the System, or his or her designee;

      (b) The Chief General Counsel of the System, or his or her designee; and

      (c) Ten members appointed by the Board of Regents as follows:

             (1) One representative of a state college;

             (2) One representative of a community college;

             (3) One representative of a university;

             (4) One Title IX coordinator from an institution within the System;

             (5) One student, appointed in consultation with a student government association, who represents a group or organization that focuses on multiculturalism, diversity or advocacy at a state college or community college;

             (6) One student, appointed in consultation with a student government association, who represents a group or organization that focuses on multiculturalism, diversity or advocacy at a university;

             (7) One researcher with experience in the development of climate surveys on sexual misconduct;

             (8) One researcher of statistics, data analytics or econometrics with experience in survey analysis in higher education;

            (9) One medical professional from the University of Nevada, Las Vegas, School of Medicine or the University of Nevada, Reno, School of Medicine; and

             (10) One person who serves as a victim’s advocate, as defined in NRS 49.2545, at an institution within the System.

      2.  After the initial terms, each appointed member of the Task Force serves a term of 2 years and may be reappointed to one additional 2-year term following his or her initial term. A vacancy must be filled in the same manner as the original appointment.

      3.  The Task Force shall, at its first meeting and each odd-numbered year thereafter, elect a Chair from among its members.

      4.  The Task Force shall meet at least once annually and may meet at other times upon the call of the Chair or a majority of the members of the Task Force.

      5.  A majority of the members of the Task Force constitutes a quorum, and a quorum may exercise all the power and authority conferred on the Task Force.

      6.  Members of the Task Force serve without compensation, except that for each day or portion of a day during which a member of the Task Force attends a meeting of the Task Force or is otherwise engaged in the business of the Task Force, and within the limits of available money, the member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

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

 


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ê2021 Statutes of Nevada, Page 3672 (CHAPTER 542, SB 347)ê

 

      Sec. 12.5. 1.  The Task Force on Sexual Misconduct at Institutions of Higher Education created by section 12 of this act shall:

      (a) Review the results of any climate survey on sexual misconduct administered at an institution within the System; and

      (b) Each year, hold a meeting open to the public to provide recommendations to the Board of Regents on how to address sexual misconduct at institutions within the System.

      2.  A meeting held pursuant to subsection 1 is not subject to the provisions of chapter 241 of NRS.

      Sec. 13. 1.  To the extent that money is available, the Board of Regents may appoint researchers employed at one or more institutions within the System to develop a climate survey on sexual misconduct designed to be administered at institutions within the System. The climate survey on sexual misconduct must:

      (a) Gather institution-specific data regarding the prevalence of gender-based harassment and discrimination;

      (b) Be fair and unbiased;

      (c) Be scientifically valid and reliable; and

      (d) Meet the highest standards of survey research.

      2.  If appointed to develop a climate survey on sexual misconduct, the researchers shall:

      (a) Use best practices from peer-reviewed research;

      (b) Consult with persons with expertise in the development and use of climate surveys on sexual misconduct at institutions of higher education;

      (c) Consult with a student government association;

      (d) Review climate surveys on sexual misconduct which have been developed and implemented by institutions of higher education, including, without limitation, institutions in other states;

      (e) Provide opportunity for written comment from organizations that assist victims of sexual misconduct to ensure the adequacy and appropriateness of any proposed content of the climate survey on sexual misconduct;

      (f) Consult with institutions within the System on strategies for optimizing the effectiveness of the climate survey on sexual misconduct; and

      (g) Account for the diverse needs and differences of the institutions within the System.

      3.  If a climate survey on sexual misconduct is developed, the climate survey must request information on topics related to sexual misconduct. The topics may include, without limitation:

      (a) The estimated number of alleged incidents of sexual misconduct, both reported and not reported, at an institution within the System, if a student taking the survey has knowledge of such information;

      (b) When and where an alleged incident of sexual misconduct occurred;

      (c) Whether an alleged incident of sexual misconduct was perpetrated by a student, faculty member, staff member of an institution within the System, third party vendor or another person;

      (d) Awareness of a student of the policies and procedures related to sexual misconduct at an institution;

      (e) Whether a student reported an alleged incident of sexual misconduct and:

 


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ê2021 Statutes of Nevada, Page 3673 (CHAPTER 542, SB 347)ê

 

             (1) If the incident was reported, to which campus resource or law enforcement agency a report was made; and

             (2) If the incident was not reported, the reason the student chose not to report the incident;

      (f) Whether a student who reported an alleged incident of sexual misconduct was:

             (1) Offered supportive measures by an institution;

             (2) Informed of, aware of or referred to campus, local or state resources for support for victims, including, without limitation, appropriate medical care and legal services; and

             (3) Informed of the prohibition against retaliation for reporting an alleged incident of sexual misconduct;

      (g) Contextual factors in an alleged incident of sexual misconduct, such as the involvement of force, incapacitation or coercion;

      (h) Demographic information that could be used to identify at-risk groups, including, without limitation, the gender, race, ethnicity, national origin, economic status, disability, gender identity or expression, immigration status and sexual orientation of the student taking the climate survey on sexual misconduct;

      (i) Perceptions a student has of campus safety;

      (j) Whether a student has confidence in the ability of the institution to protect against and respond to alleged incidents of sexual misconduct;

      (k) Whether a student chose to withdraw or take a leave of absence from the institution or transfer to another institution because the student is the complainant or respondent in an alleged incident of sexual misconduct;

      (l) Whether a student withdrew from any classes or was placed on academic probation, disciplinary probation or otherwise disciplined as a result of an alleged incident of sexual misconduct;

      (m) Whether a student experienced any financial impact as a result of an alleged incident of sexual misconduct;

      (n) Whether a student experienced any negative health impacts as a result of an alleged incident of sexual misconduct, including, without limitation, post-traumatic stress disorder, anxiety, depression, chronic pain or an eating disorder;

      (o) The perception of the participants in the survey of the attitudes of the community toward sexual misconduct, including, without limitation, the willingness of a person to intervene in an ongoing incident of sexual misconduct as a bystander; and

      (p) Any other questions as determined necessary by the researchers.

      4.  The climate survey on sexual misconduct must provide an option for students to decline to answer a question.

      5.  The climate survey on sexual misconduct must be provided to the Task Force on Sexual Misconduct at Institutions of Higher Education created pursuant to section 12 of this act for comment.

      Sec. 14. 1.  To the extent that money is available, the Board of Regents may require each institution within the System to conduct a climate survey on sexual misconduct at the institution biennially.

      2.  A climate survey on sexual misconduct conducted pursuant to subsection 1 must include the questions developed by researchers employed at an institution within the System pursuant to section 13 of this act. If an institution within the System includes additional questions on a climate survey on sexual misconduct pursuant to subsection 1, the questions must not be unnecessarily traumatizing for a victim of an alleged incident of sexual misconduct.

 


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ê2021 Statutes of Nevada, Page 3674 (CHAPTER 542, SB 347)ê

 

survey on sexual misconduct pursuant to subsection 1, the questions must not be unnecessarily traumatizing for a victim of an alleged incident of sexual misconduct.

      3.  If an institution within the System conducts a climate survey on sexual misconduct pursuant to subsection 1, the institution shall:

      (a) Provide the survey to each student at the institution, including, without limitation, students studying abroad;

      (b) Not require the disclosure of personally identifiable information by a participant in the climate survey on sexual misconduct;

      (c) Work to ensure an adequate number of students complete the survey to achieve a random and representative sample size of students;

      (d) Within 120 days after completion of the climate survey on sexual misconduct:

             (1) Compile a summary of the responses to the survey; and

             (2) Submit the summary of responses to the Board of Regents; and

      (e) Post on the Internet website maintained by the institution in a manner that does not disclose personally identifiable information of any person, the summary of the responses to the climate survey on sexual misconduct.

      4.  A climate survey on sexual misconduct must be administered electronically by an institution within the System and provide reasonable accommodations for students with a disability.

      5.  An institution within the System may obtain a waiver from the Board of Regents to not administer a climate survey on sexual misconduct pursuant to this section due to the financial circumstances of the institution.

      6.  An institution within the System may apply for and accept any gifts, grants, donations, bequests or other money from any source to carry out the provisions of this section.

      7.  Any data or reports that underlie the summaries generated pursuant to subsection 2 are confidential and are not a public record for the purposes of chapter 239 of NRS.

      Sec. 15. 1.  If the Board of Regents requires an institution within the System to conduct a climate survey on sexual misconduct pursuant to section 14 of this act, the Board of Regents shall to the extent that money is available:

      (a) Provide a copy of the questions developed by the researchers employed at an institution within the System pursuant to section 13 of this act to each institution within a reasonable time after the Board of Regents receives the questions from the researchers;

      (b) Establish a repository for the summaries of the climate survey on sexual misconduct submitted by each institution pursuant to section 14 of this act;

      (c) Post each summary of the responses to a climate survey on sexual misconduct submitted by an institution pursuant to section 14 of this act on the Internet website maintained by the Board of Regents in a manner that does not disclose personally identifiable information of any person;

      (d) Adopt a policy on the dissemination, collection and summation of the responses to the climate survey on sexual misconduct; and

      (e) On or before February 1 of each odd-numbered year, report the summaries of the climate survey on sexual misconduct submitted by an institution pursuant to section 14 of this act to the Director of the Legislative Counsel Bureau for transmittal to the Senate and Assembly Standing Committees on Education.

 


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of the Legislative Counsel Bureau for transmittal to the Senate and Assembly Standing Committees on Education.

      2.  Any data or reports that underlie the summaries generated pursuant to subsection 1 are confidential and are not a public record for the purposes of chapter 239 of NRS.

      Sec. 16. The Board of Regents may require an institution within the System to:

      1.  Require employees who participate in the grievance process of the institution pursuant to Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681 et seq., or a policy on sexual misconduct adopted pursuant to section 17 of this act to receive annual training on topics related to sexual misconduct which may include, without limitation, any training required pursuant to section 23 of this act;

      2.  Provide a complainant and respondent with a copy of the policies of the institution regarding the submission and consideration of evidence that may be considered during the grievance process;

      3.  Except as otherwise required by federal law, within 14 business days after the conclusion of the grievance process, inform the complainant and the respondent of the result of the grievance process; and

      4.  Unless otherwise required by state or federal law, not publicly disclose the identity of a complainant or respondent.

      Sec. 17. 1.  The Board of Regents may require an institution within the System to adopt a policy on sexual misconduct consistent with applicable state and federal law.

      2.  If the Board of Regents requires the adoption of a policy on sexual misconduct pursuant to subsection 1, in developing the policy on sexual misconduct, an institution within the System:

      (a) Shall:

             (1) Incorporate a trauma-informed response;

             (2) Coordinate with:

                   (I) The Title IX coordinator of the institution; and

                   (II) If an institution has entered into a memorandum of understanding pursuant to section 19 of this act, the organization that assists persons involved in sexual misconduct; and

            (3) Engage in a culturally competent manner to reflect the diverse needs of all students; and

      (b) May consider input from internal and external entities, including, without limitation:

             (1) Administrators at the institution;

             (2) Personnel affiliated with health care centers located on or off a campus of the institution that provide services to the institution;

             (3) An advocate designated pursuant to section 20 of this act;

             (4) Staff affiliated with campus housing services;

             (5) Students enrolled in an institution within the System;

             (6) A provider of health care;

             (7) Law enforcement agencies, including, without limitation, campus police or security; and

             (8) The district attorney of the county where the main campus of the institution is located.

      3.  If the Board of Regents requires the adoption of a policy on sexual misconduct pursuant to subsection 1, an institution within the System shall provide:

 


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      (a) Internal or external entities an opportunity to provide comment on the initial policy on sexual misconduct or any substantive change to the policy;

      (b) Instructions on how an internal or external entity may provide comment on the initial policy on sexual misconduct or a substantive change to the policy; and

      (c) A reasonable length of time during which the institution will accept comment.

      4.  After an initial policy on sexual misconduct is adopted by an institution within the System, the opportunity for comment by an internal or external entity pursuant to subsection 3 applies only to a substantive change to the policy, as determined by the institution.

      5.  If the Board of Regents requires the adoption of a policy on sexual misconduct pursuant to subsection 1, an institution within the System shall make the policy on sexual misconduct publicly available not later than the start of each academic year:

      (a) Upon request, to a prospective student, current student or employee of the institution; and

      (b) On the Internet website maintained by the institution.

      Sec. 18. A policy on sexual misconduct adopted pursuant to section 17 of this act must include, without limitation, information on:

      1.  The procedures by which a student or employee at an institution within the System may report or disclose an alleged incident of sexual misconduct that occurred on or off a campus of the institution;

      2.  Supportive measures, including, without limitation:

      (a) Changing academic, living, campus transportation or work arrangements;

      (b) Taking a leave of absence from the institution in response to an alleged incident of sexual misconduct;

      (c) How to request supportive measures; and

      (d) The process to have any supportive measures reviewed by the institution;

      3.  Appropriate local, state and federal law enforcement agencies, including, without limitation, the contact information for a law enforcement agency; and

      4.  The grievance process of the institution for investigating and resolving a report of an alleged incident of sexual misconduct pursuant to Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681 et seq.

      Secs. 18.3 and 18.5.  (Deleted by amendment.)

      Sec. 19. 1.  The Board of Regents may require an institution within the System to enter into a memorandum of understanding with an organization that assists persons involved in sexual misconduct. The memorandum of understanding may, without limitation:

      (a) Allow for cooperation and training between the institution and the organization that assists persons involved in sexual misconduct to establish an understanding of the:

             (1) Responsibilities that the institution and organization that assists persons involved in sexual misconduct have in responding to a report or disclosure of an alleged incident of sexual misconduct; and

             (2) Procedures of the institution for providing support and services to students and employees;

 


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      (b) Require an organization that assists persons involved in sexual misconduct to:

             (1) Assist with developing policies, programming or training at the institution regarding sexual misconduct;

             (2) Provide an alternative for a student or employee of the institution to receive free and confidential counseling, advocacy or crisis services related to an alleged incident of sexual misconduct that are located on or off a campus of the institution, including, without limitation:

                   (I) Access to a health care provider who specializes in forensic medical examinations; and

                   (II) Confidential services;

             (3) Assist with the development and implementation of education and prevention programs for students of the institution; and

             (4) Assist with the development and implementation of training and prevention curriculum for employees of the institution; and

      (c) Include a fee structure for any services provided by the organization that assists persons involved in sexual misconduct.

      2.  As used in this section, “forensic medical examination” has the meaning ascribed to it in NRS 217.300.

      Sec. 20. 1.  The Board of Regents may require an institution within the System to designate an advocate. If the Board of Regents requires the designation of an advocate, an institution shall designate existing categories of employees who may serve as an advocate. An institution may:

      (a) Partner with an organization that assists persons involved in sexual misconduct to designate an advocate; or

      (b) If the institution enrolls less than 1,000 students who reside in campus housing, partner with another institution within the System to designate an advocate.

      2.  An advocate designated pursuant to subsection 1:

      (a) Must not be a Title IX coordinator, a member of campus police or law enforcement or any other official of the institution who is authorized to initiate a disciplinary proceeding on behalf of the institution or whose position at the institution may create a conflict of interest;

      (b) Must be designated based on the training or experience of the person to effectively provide services related to sexual misconduct; and

      (c) Must have completed at least 20 hours of relevant training.

      3.  If an institution within the System designates an advocate pursuant to subsection 1, the advocate must be trained on:

      (a) The awareness and prevention of sexual misconduct;

      (b) Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681 et seq.;

      (c) Any policy on sexual misconduct adopted by the institution pursuant to section 17 of this act; and

      (d) Trauma-informed responses to a report of an alleged incident of sexual misconduct.

      4.  An institution within the System that designates an advocate pursuant to subsection 1 shall provide for the availability of an advocate to students within a reasonable distance from the institution or by electronic means if it is not practicable to provide for the availability of an advocate in person.

      Sec. 21. 1.  If an advocate is designated pursuant to section 20 of this act, the advocate shall:

 


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      (a) Inform a student or employee of, or provide resources about how to obtain information on:

             (1) Options on how to report an alleged incident of sexual misconduct and the effects of each option;

             (2) Counseling services available on a campus of the institution and through local community resources;

             (3) Medical and legal services available on or off a campus of the institution;

             (4) Available supportive measures;

             (5) Counseling related to student loans;

             (6) The grievance process of the institution and that the grievance process is not a substitute for the system of criminal justice;

             (7) The role of local, state and federal law enforcement agencies;

             (8) Any limits on the ability of the advocate to provide privacy or confidentiality to the student or employee; and

             (9) A policy on sexual misconduct adopted by the institution pursuant to section 17 of this act;

      (b) Notify the student or employee of his or her rights and the responsibilities of the institution regarding an order for protection, restraining order or injunction issued by a court;

      (c) Unless otherwise required by state or federal law, not be required to report an alleged incident of sexual misconduct to the institution or a law enforcement agency;

      (d) Provide confidential services to students and employees;

      (e) Not provide confidential services to more than one party in a grievance process;

      (f) Unless otherwise required by state or federal law, not disclose confidential information without the prior written consent of the student or employee who shared the information;

      (g) Support a complainant or respondent in obtaining supportive measures to ensure the complainant or respondent has continued access to education; and

      (h) Inform a student or employee that supportive measures may be available through disability services or the Title IX coordinator.

      2.  If an advocate is designated pursuant to section 20 of this act, the advocate may:

      (a) If appropriate and if directed by a student or employee, assist the student or employee in reporting an alleged incident of sexual misconduct to the institution or a law enforcement agency; and

      (b) Attend a disciplinary proceeding of the institution as the advisor or support person of a complainant.

      3.  Notice to an advocate of an alleged incident of sexual misconduct or the performance of services by an advocate pursuant to this section shall not constitute actual or constructive notice of an alleged incident of sexual misconduct to the institution within the System which designated the advocate pursuant to section 20 of this act.

      4.  If a conflict of interest arises between the institution within the System which designated an advocate and the advocate in advocating for the provision of supportive measures by the institution to a complainant or a respondent, the institution shall not discipline, penalize or otherwise retaliate against the advocate for advocating for the complainant or the respondent.

 


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ê2021 Statutes of Nevada, Page 3679 (CHAPTER 542, SB 347)ê

 

      Sec. 22. 1.  The Board of Regents may prohibit an institution within the System from subjecting a complainant, reporting party or witness who reports an alleged incident of sexual misconduct to a disciplinary proceeding or sanction for a violation of a policy on student conduct related to drug or alcohol use, trespassing or unauthorized entry of school facilities or other violation of a policy of an institution that occurred during or related to an alleged incident of sexual misconduct unless the institution determines that the:

      (a) Report of an alleged incident of sexual misconduct was not made in good faith; or

      (b) The violation of a policy on student conduct was egregious, including, without limitation, a violation that poses a risk to the health or safety of another person.

      2.  The Board of Regents may require an institution within the System to review any disciplinary action taken against a reporting party or witness to determine if there is any connection between the alleged incident of sexual misconduct that was reported and the misconduct that led to the reporting party or witness being disciplined.

      Sec. 23. 1.  The Board of Regents may require an institution within the System to provide training on the grievance process of the institution in accordance with 34 C.F.R. § 106.45.

      2.  The Board of Regents may require an institution within the System to train the Title IX coordinator and members of the campus police or safety personnel of the institution in the awareness of sexual misconduct and in trauma-informed response to an alleged incident of sexual misconduct.

      Sec. 24. 1.  The Board of Regents may require an institution within the System to provide programming on awareness and prevention of sexual misconduct to all students and employees of the institution. If the Board of Regents requires an institution to provide programming on awareness and prevention of sexual misconduct, the programming must include, without limitation:

      (a) An explanation of consent as it applies to a sexual act or sexual conduct with another person;

      (b) The manner in which drugs and alcohol may affect the ability of a person to consent to a sexual act or sexual conduct with another person;

      (c) Information on options for reporting an alleged incident of sexual misconduct, the effects of each option and the method to file a report under each option, including, without limitation, a description of the confidentiality and anonymity, as applicable, of a report;

      (d) Information on the grievance process of the institution for addressing a report of an alleged incident of sexual misconduct, including, without limitation, a policy on sexual misconduct adopted pursuant to section 17 of this act;

      (e) The range of sanctions or penalties the institution may impose on a student or employee found responsible for an incident of sexual misconduct;

      (f) If an advocate is designated pursuant to section 20 of this act, the name, contact information and role of the advocate;

      (g) Strategies for intervention by bystanders;

      (h) Strategies for reduction of the risk of sexual misconduct; and

 


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ê2021 Statutes of Nevada, Page 3680 (CHAPTER 542, SB 347)ê

 

      (i) Any other opportunities for additional programming on awareness and prevention of sexual misconduct.

      2.  If an institution provides programming on awareness and prevention of sexual misconduct pursuant to subsection 1, the institution:

      (a) Shall coordinate with the Title IX coordinator of the institution;

      (b) May coordinate with a law enforcement agency and, if the institution entered into a memorandum of understanding with an organization that assists persons involved in sexual misconduct pursuant to section 19 of this act, that organization; and

      (c) Shall require students or employees to attend the programming on the awareness and prevention of sexual misconduct.

      3.  If an institution provides programming on awareness and prevention of sexual misconduct pursuant to subsection 1, the programming may be culturally responsive and address the unique experiences and challenges faced by students based on the race, ethnicity, national origin, economic status, disability, gender identity or expression, immigration status and sexual orientation of a student.

      Sec. 24.3.  The Board of Regents may require an institution within the System that receives a report of an alleged incident of sexual misconduct that involves a student or employee of the institution to determine the responsibility of a respondent, if any, based on a preponderance of the evidence.

      Sec. 24.5. 1.  The Board of Regents may require an institution within the System to accept a request from a complainant who is 18 years of age or older to keep the identity of the complainant confidential or take no investigative or disciplinary action against a respondent. An institution shall not grant such a request if state or federal law requires disclosure or further action. In determining whether to grant such a request, the institution shall consider whether there is a risk that the respondent may commit additional acts of sexual misconduct, violence, discrimination or harassment based on whether one or more of the following factors are present to a sufficient degree such that the request cannot be honored:

      (a) There are any previous or existing reports of an incident of sexual misconduct against the respondent, including, without limitation, records of complaints or the arrest of the respondent;

      (b) The respondent allegedly used a weapon;

      (c) The respondent threatened violence, discrimination or harassment against the complainant or other persons;

      (d) The alleged incident of sexual misconduct was alleged to have been committed by two or more people;

      (e) The circumstances surrounding the alleged incident of sexual misconduct indicate that the incident was premeditated and, if so, whether the respondent or another person allegedly premeditated the incident;

      (f) The circumstances surrounding the alleged incident of sexual misconduct indicate a pattern of consistent behavior at a particular location or by a particular group of people;

      (g) The institution is able to conduct a thorough investigation and obtain relevant evidence without the cooperation of the complainant; and

      (h) There are any other factors that indicate the respondent may repeat the behavior alleged by the complainant or that the complainant or other persons may be at risk of harm.

 


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ê2021 Statutes of Nevada, Page 3681 (CHAPTER 542, SB 347)ê

 

      2.  If an institution within the System grants a request for confidentiality or to not take any investigative or disciplinary action pursuant to subsection 1, the institution shall take reasonable steps to, without initiating formal action against the respondent:

      (a) Respond to the report of the alleged incident of sexual misconduct while maintaining the confidentiality of the complainant;

      (b) Limit the effects of the alleged incident of sexual misconduct; and

      (c) Prevent the recurrence of any misconduct.

      3.  Reasonable steps taken pursuant to subsection 2 may include, without limitation:

      (a) Increased monitoring, supervision or security at locations or activities where the alleged incident of sexual misconduct occurred;

      (b) Providing additional training and educational materials for students and employees; or

      (c) Ensuring a complainant is informed of and has access to appropriate supportive measures.

      4.  If an institution within the System grants a request for confidentiality or to not take any investigative or disciplinary action pursuant to subsection 1, the institution shall inform the complainant that the ability of the institution to respond to the report of the alleged incident of sexual misconduct will be limited by the request.

      5.  If an institution within the System determines that it cannot grant a request for confidentiality or to not take any investigative or disciplinary action pursuant to subsection 1, the institution shall:

      (a) Inform the complainant of the determination before disclosing the identity of the complainant or initiating an investigation;

      (b) Make available supportive measures for the complainant; and

      (c) If requested by the complainant, inform the respondent that the complainant asked the institution not to take investigative or disciplinary action against the respondent.

      Sec. 24.7. 1.  In conducting an investigation of an alleged incident of sexual misconduct an institution within the System shall:

      (a) Provide the complainant and the respondent the opportunity to identify witnesses and other evidence to assist the institution in determining whether an alleged incident of sexual misconduct has occurred;

      (b) Inform the complainant and the respondent that any evidence available to the party but not disclosed during the investigation might not be considered at a subsequent hearing; and

      (c) Ensure that questions and evidence of the sexual history or sexual predisposition of a complainant are not considered relevant unless the:

             (1) Questions or evidence are directly relevant to prove that the conduct alleged to have been committed by the respondent was inflicted by another person; or

             (2) Questions and evidence are relevant to demonstrate how the parties communicated consent in previous or subsequent consensual sexual conduct.

      2.  An institution within the System shall provide periodic updates on the investigation to the complainant and the respondent regarding the timeline of the investigation.

      3.  An institution within the System shall notify the complainant and the respondent of the findings of an investigation simultaneously.

 


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ê2021 Statutes of Nevada, Page 3682 (CHAPTER 542, SB 347)ê

 

      4.  If an institution within the System imposes any disciplinary action based on the findings of an investigation on a respondent, such disciplinary action must be imposed in accordance with the grievance process of the institution.

      Sec. 24.8.  (Deleted by amendment.)

      Sec. 24.9. 1.  An institution within the System may issue a no-contact directive prohibiting the complainant and the respondent from contacting each other. An institution may issue a no-contact directive if the directive is necessary to, without limitation:

      (a) Protect the safety or well-being of either the complainant or the respondent; or

      (b) Respond to interference with an investigation.

      2.  A no-contact directive issued against the respondent after a decision of responsibility, if any, has been made must be mutually applied to the complainant and the respondent.

      3.  If an institution issues a mutual no-contact directive, the institution shall provide the complainant and the respondent with an explanation of the terms of the directive, including, without limitation, that a violation of the directive may subject the party to disciplinary action.

      Sec. 24.95. 1.  A student who experiences sexual misconduct may request a waiver from any requirement to maintain a certain grade point average, credit enrollment, or other academic or disciplinary record requirement relating to academic success for any scholarship, grant or other academic program offered by an institution within the System. A waiver may be granted by a provost, dean, academic advisor or other appropriate staff or faculty member of the institution.

      2.  A student or employee who experiences sexual misconduct may be granted a request to take a leave of absence or, to the extent practicable, extend benefits of employment.

      Sec. 25. 1.  The Board of Regents may require an institution within the System to prepare and submit to the Board of Regents an annual report that includes, without limitation:

      (a) The total number of reports of alleged incidents of sexual misconduct allegedly committed by a student or employee of the institution made to the Title IX office of the institution;

      (b) The number of students and employees found responsible for an incident of sexual misconduct by the institution;

      (c) The number of students and employees accused of but found not responsible for an incident of sexual misconduct by the institution;

      (d) The number of persons sanctioned by the institution as a result of a finding of responsibility for an incident of sexual misconduct; and

      (e) The number of persons who submitted requests for supportive measures and the number of persons who received supportive measures.

      2.  A report submitted pursuant to subsection 1 must not contain any personally identifiable information of a student or employee of an institution within the System.

      3.  Information contained in a report submitted pursuant to subsection 1 must be able to be disaggregated by students and employees.

      4.  If the Board of Regents requires a report to be prepared and submitted pursuant to subsection 1, an institution shall submit the report to the Board of Regents not later than October 1 of each year.

 


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ê2021 Statutes of Nevada, Page 3683 (CHAPTER 542, SB 347)ê

 

      5.  If the Board of Regents requires a report to be prepared and submitted pursuant to subsection 1, the Board of Regents shall, not later than December 31 of each year, submit a compilation of the reports the Board of Regents received pursuant to subsection 1 to the Director of the Department of Health and Human Services and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature in even-numbered years or the Legislative Committee on Education in odd-numbered years.

      6.  Any data or reports that underlie the report prepared pursuant to subsection 4 are confidential and are not a public record for the purposes of chapter 239 of NRS.

      Sec. 26.  (Deleted by amendment.)

      Sec. 27. The Board of Regents may adopt regulations as necessary to carry out the provisions of sections 2 to 27, inclusive, of this act.

      Sec. 27.05. NRS 396.540 is hereby amended to read as follows:

      396.540  1.  For the purposes of this section:

      (a) “Bona fide resident” shall be construed in accordance with the provisions of NRS 10.155 and policies established by the Board of Regents, to the extent that those policies do not conflict with any statute. The qualification “bona fide” is intended to ensure that the residence is genuine and established for purposes other than the avoidance of tuition.

      (b) “Matriculation” has the meaning ascribed to it in regulations adopted by the Board of Regents.

      (c) “Tuition charge” means a charge assessed against students who are not residents of Nevada and which is in addition to registration fees or other fees assessed against students who are residents of Nevada.

      2.  The Board of Regents may fix a tuition charge for students at all campuses of the System, but tuition charges must not be assessed against:

      (a) All students whose families have been bona fide residents of the State of Nevada for at least 12 months before the matriculation of the student at a university, state college or community college within the System;

      (b) All students whose families reside outside of the State of Nevada, providing such students have themselves been bona fide residents of the State of Nevada for at least 12 months before their matriculation at a university, state college or community college within the System;

      (c) All students whose parent, legal guardian or spouse is a member of the Armed Forces of the United States who:

             (1) Is on active duty and stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California; or

             (2) Was on active duty and stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California, on the date on which the student [enrolled at] is admitted to an institution of the System if such students enroll and maintain continuous enrollment at an institution of the System;

      (d) All students who are using benefits under the Marine Gunnery Sergeant John David Fry Scholarship pursuant to 38 U.S.C. § 3311(b)(8);

      (e) All public school teachers who are employed full-time by school districts in the State of Nevada;

 


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      (f) All full-time teachers in private elementary, secondary and postsecondary educational institutions in the State of Nevada whose curricula meet the requirements of chapter 394 of NRS;

      (g) Employees of the System who take classes other than during their regular working hours;

      (h) Members of the Armed Forces of the United States who are on active duty and stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California;

      (i) Veterans of the Armed Forces of the United States who were honorably discharged and who were on active duty while stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California, on the date of discharge;

      (j) Except as otherwise provided in subsection 3, veterans of the Armed Forces of the United States who were honorably discharged within the 5 years immediately preceding the date of matriculation of the veteran at a university, state college or community college within the System; [and]

      (k) Veterans of the Armed Forces of the United States who have been awarded the Purple Heart [.] ; and

      (l) Students who graduated from a high school located in this State, regardless of whether the student or the family of the student have been bona fide residents of the State of Nevada for at least 12 months before the matriculation of the student at a university, state college or community college within the System.

      3.  The Board of Regents may grant more favorable exemptions from tuition charges for veterans of the Armed Forces of the United States who were honorably discharged than the exemption provided pursuant to paragraph (j) of subsection 2, if required for the receipt of federal money.

      4.  The Board of Regents may grant exemptions from tuition charges each semester to other worthwhile and deserving students from other states and foreign countries, in a number not to exceed a number equal to 3 percent of the total matriculated enrollment of students for the last preceding fall semester.

      Sec. 27.1. NRS 396.585 is hereby amended to read as follows:

      396.585  1.  The Board of Regents shall require each student who participates as a member of a varsity athletic team which represents [the University of Nevada, Reno, or the University of Nevada, Las Vegas,] an institution within the System to make satisfactory progress toward obtaining a degree as a condition of participation as a member of the team.

      2.  The Board of Regents shall establish standards for determining whether a student is making satisfactory progress toward obtaining his or her degree as required by this section. [The] Except as otherwise provided in section 24.95 of this act, the standards must:

      (a) Include a requirement that a student enroll in a sufficient number of courses in each semester that are required to obtain the academic degree the student is seeking to allow the student to complete the requirements for obtaining the degree within a reasonable period after the student’s admission.

      (b) Include a requirement that a student maintain a minimum grade point average in the courses required pursuant to paragraph (a).

 


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      Sec. 27.3. NRS 396.890 is hereby amended to read as follows:

      396.890  1.  The Board of Regents may administer, directly or through a designated officer or employee of the System, a program to provide loans for fees, books and living expenses to students in the nursing programs of the System.

      2.  Each student to whom a loan is made must:

      (a) Have been a “bona fide resident” of Nevada, as that term is defined in NRS 396.540, for at least 6 months prior to the “matriculation” of the student in the System, as that term is defined pursuant to NRS 396.540;

      (b) Be enrolled at the time the loan is made in a nursing program of the System for the purpose of becoming a licensed practical nurse or registered nurse;

      (c) [Fulfill] Except as otherwise provided in section 24.95 of this act, fulfill all requirements for classification as a full-time student showing progression towards completion of the program; and

      (d) [Maintain] Except as otherwise provided in section 24.95 of this act, maintain at least a 2.00 grade point average in each class and at least a 2.75 overall grade point average, on a 4.0 grading scale.

      3.  Each loan must be made upon the following terms:

      (a) All loans must bear interest at 8 percent per annum from the date when the student receives the loan.

      (b) Each student receiving a loan must repay the loan with interest following the termination of the student’s education for which the loan is made. The loan must be repaid in monthly installments over the period allowed with the first installment due 1 year after the date of the termination of the student’s education for which the loan is made. The amounts of the installments must not be less than $50 and may be calculated to allow a smaller payment at the beginning of the period of repayment, with each succeeding payment gradually increasing so that the total amount due will have been paid within the period for repayment. The period for repayment of the loans must be:

             (1) Five years for loans which total less than $10,000.

             (2) Eight years for loans which total $10,000 or more, but less than $20,000.

             (3) Ten years for loans which total $20,000 or more.

      4.  A delinquency charge may be assessed on any installment delinquent 10 days or more in the amount of 8 percent of the installment or $4, whichever is greater, but not more than $15.

      5.  The reasonable costs of collection and an attorney’s fee may be recovered in the event of delinquency.

      Sec. 27.5. NRS 396.930 is hereby amended to read as follows:

      396.930  1.  Except as otherwise provided in subsections 2 and 4, a student may apply to the Board of Regents for a Millennium Scholarship if the student:

      (a) Except as otherwise provided in paragraph (e) of subsection 2, has been a resident of this State for at least 2 years before the student applies for the Millennium Scholarship;

      (b) Except as otherwise provided in paragraph (c), graduated from a public or private high school in this State:

 


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             (1) After May 1, 2000, but not later than May 1, 2003; or

             (2) After May 1, 2003, and, except as otherwise provided in paragraphs (c), (d) and (f) of subsection 2, not more than 6 years before the student applies for the Millennium Scholarship;

      (c) Does not satisfy the requirements of paragraph (b) and:

             (1) Was enrolled as a pupil in a public or private high school in this State with a class of pupils who were regularly scheduled to graduate after May 1, 2000;

             (2) Received his or her high school diploma within 4 years after he or she was regularly scheduled to graduate; and

             (3) Applies for the Millennium Scholarship not more than 6 years after he or she was regularly scheduled to graduate from high school;

      (d) Except as otherwise provided in paragraph (e), maintained in high school in the courses designated by the Board of Regents pursuant to paragraph (b) of subsection 2, at least:

             (1) A 3.00 grade point average on a 4.0 grading scale, if the student was a member of the graduating class of 2003 or 2004;

             (2) A 3.10 grade point average on a 4.0 grading scale, if the student was a member of the graduating class of 2005 or 2006; or

             (3) A 3.25 grade point average on a 4.0 grading scale, if the student was a member of the graduating class of 2007 or a later graduating class;

      (e) Does not satisfy the requirements of paragraph (d) and received at least the minimum score established by the Board of Regents on a college entrance examination approved by the Board of Regents that was administered to the student while the student was enrolled as a pupil in a public or private high school in this State; and

      (f) Except as otherwise provided in NRS 396.936 [,] and section 24.95 of this act, is enrolled in at least:

             (1) Nine semester credit hours in a community college within the System;

             (2) Twelve semester credit hours in another eligible institution; or

             (3) A total of 12 or more semester credit hours in eligible institutions if the student is enrolled in more than one eligible institution.

      2.  The Board of Regents:

      (a) Shall define the core curriculum that a student must complete in high school to be eligible for a Millennium Scholarship.

      (b) Shall designate the courses in which a student must earn the minimum grade point averages set forth in paragraph (d) of subsection 1.

      (c) May establish criteria with respect to students who have been on active duty serving in the Armed Forces of the United States to exempt such students from the 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1.

      (d) Shall establish criteria with respect to students who have a documented physical or mental disability or who were previously subject to an individualized education program under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., or a plan under Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq. The criteria must provide an exemption for those students from:

             (1) The 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1 and subparagraph (3) of paragraph (c) of subsection 1 and any limitation applicable to students who are eligible pursuant to subparagraph (1) of paragraph (b) of subsection 1.

 


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             (2) The minimum number of credits prescribed in paragraph (f) of subsection 1.

      (e) Shall establish criteria with respect to students who have a parent or legal guardian on active duty in the Armed Forces of the United States to exempt such students from the residency requirement set forth in paragraph (a) of subsection 1 or subsection 4.

      (f) Shall establish criteria with respect to students who have been actively serving or participating in a charitable, religious or public service assignment or mission to exempt such students from the 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1. Such criteria must provide for the award of Millennium Scholarships to those students who qualify for the exemption and who otherwise meet the eligibility criteria to the extent that money is available to award Millennium Scholarships to the students after all other obligations for the award of Millennium Scholarships for the current school year have been satisfied.

      3.  If the Board of Regents requires a student to successfully complete courses in mathematics or science to be eligible for a Millennium Scholarship, a student who has successfully completed one or more courses in computer science described in NRS 389.0186 must be allowed to apply not more than one unit of credit received for the completion of such courses toward that requirement.

      4.  Except as otherwise provided in paragraph (c) of subsection 1, for students who did not graduate from a public or private high school in this State and who, except as otherwise provided in paragraph (e) of subsection 2, have been residents of this State for at least 2 years, the Board of Regents shall establish:

      (a) The minimum score on a standardized test that such students must receive; or

      (b) Other criteria that students must meet,

Ê to be eligible for Millennium Scholarships.

      5.  In awarding Millennium Scholarships, the Board of Regents shall enhance its outreach to students who:

      (a) Are pursuing a career in education or health care;

      (b) Come from families who lack sufficient financial resources to pay for the costs of sending their children to an eligible institution; or

      (c) Substantially participated in an antismoking, antidrug or antialcohol program during high school.

      6.  The Board of Regents shall establish a procedure by which an applicant for a Millennium Scholarship is required to execute an affidavit declaring the applicant’s eligibility for a Millennium Scholarship pursuant to the requirements of this section. [The affidavit must include a declaration that the applicant is a citizen of the United States or has lawful immigration status, or that the applicant has filed an application to legalize the applicant’s immigration status or will file an application to legalize his or her immigration status as soon as he or she is eligible to do so.]

      Sec. 27.7. NRS 396.934 is hereby amended to read as follows:

      396.934  1.  Except as otherwise provided in this section, within the limits of money available in the Trust Fund, a student who is eligible for a Millennium Scholarship is entitled to receive:

      (a) If he or she is enrolled in a community college within the System, including, without limitation, a summer academic term, $40 per credit for each lower division course and $60 per credit for each upper division course in which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the community college that are not otherwise satisfied by other grants or scholarships, whichever is less.

 


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each lower division course and $60 per credit for each upper division course in which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the community college that are not otherwise satisfied by other grants or scholarships, whichever is less. The Board of Regents shall provide for the designation of upper and lower division courses for the purposes of this paragraph.

      (b) If he or she is enrolled in a state college within the System, including, without limitation, a summer academic term, $60 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the state college that are not otherwise satisfied by other grants or scholarships, whichever is less.

      (c) If he or she is enrolled in another eligible institution, including, without limitation, a summer academic term, $80 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the university that are not otherwise satisfied by other grants or scholarships, whichever is less.

      (d) If he or she is enrolled in more than one eligible institution, including, without limitation, a summer academic term, the amount authorized pursuant to paragraph (a), (b) or (c), or a combination thereof, in accordance with procedures and guidelines established by the Board of Regents.

Ê In no event may a student who is eligible for a Millennium Scholarship receive more than the cost of 15 semester credits per semester pursuant to this subsection.

      2.  No student may be awarded a Millennium Scholarship:

      (a) To pay for remedial courses.

      (b) For a total amount in excess of $10,000.

      3.  Except as otherwise provided in NRS 396.936 [,] and section 24.95 of this act, a student who receives a Millennium Scholarship shall:

      (a) Make satisfactory academic progress toward a recognized degree or certificate, as determined by the Board of Regents pursuant to subsection 8; and

      (b) Maintain at least a 2.75 grade point average on a 4.0 grading scale for each semester of enrollment in the Governor Guinn Millennium Scholarship Program.

      4.  A student who receives a Millennium Scholarship is encouraged to volunteer at least 20 hours of community service for this State, a political subdivision of this State or a charitable organization that provides service to a community or the residents of a community in this State during each year in which the student receives a Millennium Scholarship.

      5.  If a student does not satisfy the requirements of subsection 3 during one semester of enrollment, excluding a summer academic term, he or she is not eligible for the Millennium Scholarship for the succeeding semester of enrollment. If such a student:

      (a) Subsequently satisfies the requirements of subsection 3 in a semester in which he or she is not eligible for the Millennium Scholarship, the student is eligible for the Millennium Scholarship for the student’s next semester of enrollment.

      (b) Fails a second time to satisfy the requirements of subsection 3 during any subsequent semester, excluding a summer academic term, the student is no longer eligible for a Millennium Scholarship.

      6.  A Millennium Scholarship must be used only:

 


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      (a) For the payment of registration fees and laboratory fees and expenses;

      (b) To purchase required textbooks and course materials; and

      (c) For other costs related to the attendance of the student at the eligible institution.

      7.  The Board of Regents shall certify a list of eligible students to the State Treasurer. The State Treasurer shall disburse a Millennium Scholarship for each semester on behalf of an eligible student directly to the eligible institution in which the student is enrolled, upon certification from the eligible institution of the number of credits for which the student is enrolled, which must meet or exceed the minimum number of credits required for eligibility and certification that the student is in good standing and making satisfactory academic progress toward a recognized degree or certificate, as determined by the Board of Regents pursuant to subsection 8. The Millennium Scholarship must be administered by the eligible institution as other similar scholarships are administered and may be used only for the expenditures authorized pursuant to subsection 6. If a student is enrolled in more than one eligible institution, the Millennium Scholarship must be administered by the eligible institution at which the student is enrolled in a program of study leading to a recognized degree or certificate.

      8.  The Board of Regents shall establish:

      (a) Criteria for determining whether a student is making satisfactory academic progress toward a recognized degree or certificate for purposes of subsection 7.

      (b) Procedures to ensure that all money from a Millennium Scholarship awarded to a student that is refunded in whole or in part for any reason is refunded to the Trust Fund and not the student.

      (c) Procedures and guidelines for the administration of a Millennium Scholarship for students who are enrolled in more than one eligible institution.

      Sec. 27.9. NRS 396.945 is hereby amended to read as follows:

      396.945  1.  The Board shall annually award the Memorial Scholarship to:

      (a) Two recipients who are students enrolled at:

             (1) The University of Nevada, Reno, Great Basin College or Sierra Nevada College;

             (2) A nonprofit university which awards a bachelor’s degree in education to residents of northern Nevada; or

             (3) Any other college or university which awards a bachelor’s degree in education and which is designated by the Board as an institution representative of northern Nevada; and

      (b) Two recipients who are students enrolled at:

             (1) The University of Nevada, Las Vegas, or Nevada State College;

             (2) A nonprofit university which awards a bachelor’s degree in education to residents of southern Nevada; or

             (3) Any other college or university which awards a bachelor’s degree in education and which is designated by the Board as an institution representative of southern Nevada.

      2.  The Board shall establish additional criteria governing the annual selection of each recipient of the Memorial Scholarship, which must include, without limitation, a requirement that a recipient:

 


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      (a) Be in or entering his or her senior year at an academic institution described in subsection 1;

      (b) Satisfy the eligibility requirements for a Millennium Scholarship set forth in NRS 396.930;

      (c) [Have] Except as otherwise provided in section 24.95 of this act, have a college grade point average of not less than 3.5 on a 4.0 grading scale or, if enrolled at an academic institution that does not use a grade point system to measure academic performance, present evidence acceptable to the Board that demonstrates a commensurate level of academic achievement;

      (d) Have a declared major in elementary education or secondary education;

      (e) Have a stated commitment to teaching in this State following graduation; and

      (f) Have a record of community service.

      3.  A student who satisfies the criteria established pursuant to this section may apply for a Memorial Scholarship by submitting an application to the Office of the State Treasurer on a form provided on the Internet website of the State Treasurer.

      4.  The State Treasurer shall forward all applications received pursuant to subsection 3 to the Board. The Board shall review and evaluate each application received from the State Treasurer and select each recipient of the Memorial Scholarship in accordance with the criteria established pursuant to this section.

      5.  To the extent of available money in the account established pursuant to NRS 396.940, the annual Memorial Scholarship may be awarded to each selected recipient in an amount not to exceed $5,000 to pay the educational expenses of the recipient for the school year which are authorized by subsection 6 and which are not otherwise paid for by the Millennium Scholarship awarded to the recipient.

      6.  A Memorial Scholarship must be used only:

      (a) For the payment of registration fees and laboratory fees and expenses;

      (b) To purchase required textbooks and course materials; and

      (c) For other costs related to the attendance of the student at the academic institution in which he or she is enrolled.

      7.  As used in this section, “Board” means the Board of Trustees of the College Savings Plans of Nevada created by NRS 353B.005.

      Sec. 27.93. NRS 396.952 is hereby amended to read as follows:

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

      2.  The Board of Regents shall administer the Program.

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

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

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

 


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

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

      (d) Be a bona fide resident of the State of Nevada for the purposes of determining pursuant to NRS 396.540 whether the student is assessed a tuition charge [;] or have graduated from a high school located in this State; and

      (e) [Complete] Except as otherwise provided in subsection 6, complete the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090.

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

      6.  To the extent money is available, the Board of Regents may prescribe an alternative determination for financial aid for a student who is prohibited by law from completing the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090 pursuant to paragraph (e) of subsection 4. If the Board of Regents prescribes an alternative determination for financial aid, a student who is prohibited by law from completing the Free Application for Federal Student Aid shall complete the alternative determination for each semester of participation in the Program on or before the deadline prescribed by the Board of Regents.

      Sec. 27.95. NRS 396.956 is hereby amended to read as follows:

      396.956  1.  The Board of Regents:

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

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

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

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

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

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

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

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

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

 


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      (b) Determination of the family contribution to the cost of education must be based on the family resources reported in the Free Application for Federal Student Aid or, if the student is prohibited by law from completing the Free Application for Federal Student Aid and the Board of Regents prescribes an alternative determination for financial aid pursuant to subsection 6 of NRS 396.952, the alternative determination for financial aid submitted by the student.

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

      Sec. 27.97. NRS 396.9665 is hereby amended to read as follows:

      396.9665  1.  To be eligible to receive a Nevada Promise Scholarship, a student must:

      (a) Be a bona fide resident of this State, as construed in NRS 396.540 [.] , or have graduated from a high school located in this State.

      (b) Have not previously been awarded an associate’s degree or bachelor’s degree.

      (c) Have obtained a high school diploma awarded by a public or private high school located in this State or public high school that is located in a county that borders this State and accepts pupils who are residents of this State or have successfully completed the high school equivalency assessment selected by the State Board pursuant to NRS 390.055 before 20 years of age.

      (d) Complete the application for the Nevada Promise Scholarship Program in accordance with the regulations prescribed by the Board of Regents.

      (e) Complete the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090 or, if the student is prohibited by law from completing the Free Application for Federal Student Aid, an alternative determination for financial aid prescribed by the Board of Regents for each academic year of participation in the Program on or before the deadline prescribed by the Board of Regents.

      (f) Before enrolling in a community college, participate in one training meeting related to financial aid, the Free Application for Federal Student Aid and college orientation, as prescribed by the Board of Regents by regulation.

      (g) Have met at least once with a mentor assigned to the student through the mentoring program established by the Board of Regents pursuant to NRS 396.965 before the first semester of enrollment at a community college and at least twice for each academic year while participating in the Program.

      (h) Complete at least 8 hours of community service during the last year of high school and before the first semester of enrollment at a community college and at least 8 hours of community service each semester thereafter, not including summer academic terms, while participating in the Program. Community service performed to satisfy the requirements of this paragraph must not include religious proselytizing or service for which the student receives any type of compensation or which directly benefits a member of the family of the student.

      (i) Submit all information deemed necessary by the Board of Regents to determine the student’s eligibility for gift aid.

      (j) Except as otherwise provided in subsection 2, be enrolled in at least 12 semester credit hours in a program of study leading to a recognized degree or certificate at a community college for the fall semester of the academic year immediately following the school year in which the student was awarded a high school diploma or have successfully completed the high school equivalency assessment selected by the State Board pursuant to NRS 390.055.

 


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was awarded a high school diploma or have successfully completed the high school equivalency assessment selected by the State Board pursuant to NRS 390.055.

      (k) Except as otherwise provided in subsection 2 and this paragraph, be enrolled in at least 12 semester credit hours in a program of study leading to a recognized degree or certificate at a community college for each fall semester and spring semester beginning with the first semester for which the student received a Nevada Promise Scholarship, not including summer academic terms. A student who is on schedule to graduate at:

             (1) The end of a semester may enroll in the number of semester credit hours required to graduate.

             (2) The end of a fall semester is not required to enroll in credit hours for the spring semester.

      (l) Meet satisfactory academic progress, as defined by federal requirements established pursuant to Title IV of the Higher Education Act of 1965, 20 U.S.C. §§ 1001 et seq., and determined by the community college in which the student is enrolled.

      2.  The Board of Regents shall establish criteria with respect to students who have a documented physical or mental disability or who were previously subject to an individualized education program under the Individuals with Disabilities Act, 20 U.S.C. §§ 1400 et seq., or a plan under Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq. The criteria must provide an exemption for those students from:

      (a) The limitation on eligibility for a Nevada Promise Scholarship set forth in paragraph (b) of subsection 3; and

      (b) The minimum number of credits prescribed in paragraphs (j) and (k) of subsection 1.

      3.  A student who meets the requirements of subsection 1 is eligible for a Nevada Promise Scholarship from the Program until the occurrence of the first of the following events:

      (a) The student is awarded an associate’s degree or bachelor’s degree; or

      (b) Except as otherwise provided in subsection 2, the student receives a Nevada Promise Scholarship from the Program for 2 academic years, not including the initial academic year.

      Sec. 27.99. NRS 396.968 is hereby amended to read as follows:

      396.968  1.  The Board of Regents shall award Nevada Promise Scholarships in accordance with this section to students who are enrolled at a community college and are eligible to receive such scholarships under the provisions of NRS 396.9665.

      2.  For each eligible student, the Board of Regents shall:

      (a) Calculate the maximum amount of a Nevada Promise Scholarship which the student is eligible to receive based on criteria established by regulation pursuant to this section.

      (b) Determine the actual amount of the Nevada Promise Scholarship, if any, which will be awarded to the student, which must not exceed the maximum amount calculated pursuant to paragraph (a), but which may be in a lesser amount if the Board of Regents receives notice from the State Treasurer pursuant to subsection 3 that the money available in the Nevada Promise Scholarship Account for any semester is insufficient to award to all eligible students the maximum amount of a Nevada Promise Scholarship which each student is eligible to receive.

 


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      (c) If the student is to receive a Nevada Promise Scholarship, award the student a Nevada Promise Scholarship in the amount determined pursuant to paragraph (b). The Board of Regents shall disburse the amount of the Nevada Promise Scholarship awarded to the student, on behalf of the student, directly to the community college in which the student is enrolled.

      3.  The Board of Regents shall submit a request for a disbursement from the Nevada Promise Scholarship Account created by NRS 396.9645 for the maximum amount of money that will be required to fund a scholarship for each eligible student. Within the limits of money available in the Nevada Promise Scholarship Account, the State Treasurer shall disburse the amount requested to the Board of Regents for disbursement to each community college. If there is insufficient money in the Account to disburse that amount to each community college, the State Treasurer shall provide notice that insufficient money remains in the Nevada Promise Scholarship Account to the Board of Regents. The State Treasurer shall include in the notice the amount of money available for the award of Nevada Promise Scholarships for the academic year and request that a new request be submitted.

      4.  The Board of Regents shall adopt regulations prescribing:

      (a) The criteria for determining the maximum amount of a Nevada Promise Scholarship for an eligible student which is equal to the difference between the amount of the registration fee and other mandatory fees charged to the student by the community college in which the student is enrolled for the academic year, excluding any amount of those fees that is waived by the community college in which the student is enrolled, and the total amount of any other gift aid received by the student for the academic year.

      (b) The procedures for submitting a request for disbursement from the Nevada Promise Scholarship Account.

      (c) The procedures and standards for determining the actual amount of the Nevada Promise Scholarship which will be awarded to each student upon receiving notice that there is insufficient money to award all eligible students the maximum amount of the scholarship which each student is eligible to receive. Such procedures and standards [:

             (1) Must prohibit the Board of Regents from awarding any money to a student who is prohibited by law from completing the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090 unless all students who have completed the Free Application for Federal Student Aid have been awarded the maximum amount calculated pursuant to paragraph (a) of subsection 2; and

             (2) May] may include, without limitation, administration of the program on a first-come, first-served basis for all students who [have completed the Free Application for Federal Student Aid and] are [otherwise] eligible to participate in the Program.

      (d) Procedures to ensure that all money from a Nevada Promise Scholarship awarded to a student that is refunded in whole or in part for any reason is refunded to the Nevada Promise Scholarship Account and not the student.

      Sec. 28. NRS 49.2545 is hereby amended to read as follows:

      49.2545  “Victim’s advocate” means a person who works for a nonprofit program, a program of a university, state college or community college within the Nevada System of Higher Education or a program of a tribal organization which provides assistance to victims or who provides services to a victim of an alleged incident of sexual misconduct pursuant to sections 2 to 27, inclusive, of this act with or without compensation and who has received at least 20 hours of relevant training.

 


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sections 2 to 27, inclusive, of this act with or without compensation and who has received at least 20 hours of relevant training.

      Sec. 28.5. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098,

 


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598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 12.5, 14, 15 and 25 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

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

      3.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.

      4.  If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:

 


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      (a) The public record:

             (1) Was not created or prepared in an electronic format; and

             (2) Is not available in an electronic format; or

      (b) Providing the public record in an electronic format or by means of an electronic medium would:

             (1) Give access to proprietary software; or

             (2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.

      5.  An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

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

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

      Sec. 28.6. NRS 241.016 is hereby amended to read as follows:

      241.016  1.  The meetings of a public body that are quasi-judicial in nature are subject to the provisions of this chapter.

      2.  The following are exempt from the requirements of this chapter:

      (a) The Legislature of the State of Nevada.

      (b) Judicial proceedings, including, without limitation, proceedings before the Commission on Judicial Selection and, except as otherwise provided in NRS 1.4687, the Commission on Judicial Discipline.

      (c) Meetings of the State Board of Parole Commissioners when acting to grant, deny, continue or revoke the parole of a prisoner or to establish or modify the terms of the parole of a prisoner.

      3.  Any provision of law, including, without limitation, NRS 91.270, 219A.210, 228.495, 239C.140, 239C.420, 281A.350, 281A.690, 281A.735, 281A.760, 284.3629, 286.150, 287.0415, 287.04345, 287.338, 288.220, 288.590, 289.387, 295.121, 360.247, 388.261, 388A.495, 388C.150, 388D.355, 388G.710, 388G.730, 392.147, 392.467, 394.1699, 396.3295, 414.270, 422.405, 433.534, 435.610, 442.774, 463.110, 480.545, 622.320, 622.340, 630.311, 630.336, 631.3635, 639.050, 642.518, 642.557, 686B.170, 696B.550, 703.196 and 706.1725, and section 12.5 of this act, which:

      (a) Provides that any meeting, hearing or other proceeding is not subject to the provisions of this chapter; or

      (b) Otherwise authorizes or requires a closed meeting, hearing or proceeding,

Ê prevails over the general provisions of this chapter.

      4.  The exceptions provided to this chapter, and electronic communication, must not be used to circumvent the spirit or letter of this chapter to deliberate or act, outside of an open and public meeting, upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.

      Sec. 28.7. Chapter 353B of NRS is hereby amended by adding thereto a new section to read as follows:

      A prepaid tuition program or college savings program established pursuant to this chapter must not prohibit a person or his or her family from participating in such a program based solely on the immigration or citizenship status of the person or his or her family.

 


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      Sec. 29.  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. 30.  1.  This section becomes effective upon passage and approval.

      2.  Section 12 of this act becomes effective upon passage and approval for the purpose of appointing members to the Task Force on Sexual Misconduct at Institutions of Higher Education and on July 1, 2021, for all other purposes.

      3.  Sections 1 to 11, inclusive, and 12.5 to 29, inclusive, of this act become effective on July 1, 2021.

________

CHAPTER 543, SB 310

Senate Bill No. 310–Senator Neal

 

CHAPTER 543

 

[Approved: June 9, 2021]

 

AN ACT relating to state financial administration; making an appropriation to the Nevada System of Higher Education and authorizing the disbursement of certain federal money in certain circumstances to enable the College of Southern Nevada to assist and carry out the NV Grow Program; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Nevada System of Higher Education the sum of $400,000 to allow the College of Southern Nevada to:

      (a) Provide or obtain such services as may be necessary to assist and carry out the Program;

      (b) Employ a geographic information specialist to assist small businesses who participate in the Program;

      (c) Employ the lead counselor selected pursuant to section 2 of the NV Grow Act, chapter 459, Statutes of Nevada 2015, as last amended by chapter 570, Statutes of Nevada 2019, at page 3666;

      (d) Provide stipends for the counselors and members of the faculty of the Nevada System of Higher Education who provide services in connection with the Program; and

      (e) Make direct program expenditures to assist and carry out the Program, including, without limitation, expenditures for data software, marketing tools, interns, field trips and grants to members of the stakeholders group to assist and carry out the Program.

      2.  All money appropriated by the provisions of this section must be used only for the purposes specified in subsection 1 and no portion of the money may be set aside, distributed or otherwise committed or used for any other purpose, including any indirect costs incurred by any institution of the Nevada System of Higher Education, including, without limitation, the College of Southern Nevada.

 


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other purpose, including any indirect costs incurred by any institution of the Nevada System of Higher Education, including, without limitation, the College of Southern Nevada.

      3.  As used in this section, “Program” means the NV Grow Program created pursuant to section 2 of the NV Grow Act, chapter 459, Statutes of Nevada 2015, as last amended by chapter 570, Statutes of Nevada 2019, at page 3666.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.

      Sec. 3.  Any remaining balance of money received by the Division of Workforce and Economic Development of the College of Southern Nevada from any gifts, grants or donations accepted by the Division pursuant to section 4.5 of the NV Grow Act, chapter 459, Statutes of Nevada 2015, as last amended by chapter 570, Statutes of Nevada 2019, at page 3669, that has not been committed for expenditure before July 1, 2021, must be transferred to an account in the State General Fund administered by the College of Southern Nevada for the purposes of carrying out the provisions of the NV Grow Act.

      Sec. 4.  1.  If the State of Nevada receives from the Federal Government before, on or after July 1, 2021, money that the State of Nevada is authorized to use to assist small businesses impacted by the COVID-19 pandemic, the Chief of the Budget Division of the Office of Finance in the Office of the Governor created by NRS 223.400 may disburse any portion of that money in accordance with the provisions of chapter 353 of NRS to an account in the State General Fund administered by the College of Southern Nevada for the purposes of carrying out the provisions of the NV Grow Act to make direct program expenditures to implement as part of the Program an incubator program to assist small businesses in this State who have altered or who intend to alter their business models. The incubator program must:

      (a) Provide coaching, mentoring, analysis, instruction and advice;

      (b) Assist in the development of physical and digital infrastructure for the operation of a business;

      (c) Assist businesses to secure professional services, including, without limitation, legal and accounting services;

      (d) Facilitate com