[Rev. 9/10/2021 11:35:00 AM]

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CHAPTER 545, AB 445

Assembly Bill No. 445–Committee on Growth and Infrastructure

 

CHAPTER 545

 

[Approved: June 10, 2021]

 

AN ACT relating to financial administration; transferring the Office of Grant Procurement, Coordination and Management in the Department of Administration to the Office of the Governor; renaming the Office as the Office of Federal Assistance; requiring the Governor to appoint a Director of the Office; requiring the Director to develop a State Plan for Maximizing Federal Assistance; revising the duties of the Office relating to the procurement, coordination and management of federal assistance; creating the Nevada Grant Matching Program to provide funds to certain public agencies, tribal governments and nonprofit organizations as matching funds for federal grants; requiring that certain money from the Abandoned Property Trust Account be transferred to an account established as part of the Program; revising the membership and duties of the Nevada Advisory Council on Federal Assistance; making appropriations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Office of Grant Procurement, Coordination and Management of the Department of Administration to assist state agencies with identifying, obtaining and managing federal grants. (NRS 232.213, 232.222-232.227) Sections 2-25, 27.5, 29 and 34 of this bill transfer the Office of Grant Procurement, Coordination and Management into the Office of the Governor on July 1, 2022, and rename the Office as the Office of Federal Assistance. Section 16 of this bill makes a conforming change as a result of this transfer. Section 8 of this bill requires: (1) the Governor to propose a budget for the Office; and (2) the Office to maintain an office in northern Nevada and southern Nevada. Section 20 of this bill requires the Governor to appoint a Director of the Office, who serves in the unclassified service of the State. Subject to the limits of available funding, section 21 of this bill: (1) authorizes the Director to employ such persons as are necessary to carry out the duties of the Office; and (2) provides that such persons serve in the classified or unclassified service of the State.

      Section 9 of this bill requires the Director to develop a State Plan for Maximizing Federal Assistance and post the plan on the Internet website maintained by the Office. Section 22 of this bill requires the Director to: (1) carry out the State Plan developed pursuant to section 9; (2) administer a grant management system; (3) develop a manual of policies and procedures relating to federal assistance and post the manual on the Internet website maintained by the Office; (4) serve as the designated entity to perform certain duties for purposes of an Executive Order; and (5) perform certain duties previously performed by the Administrator of the Office of Grant Procurement, Coordination and Management.

      Existing law: (1) directs the Administrator of the Office of Grant Procurement, Coordination and Management to create a pilot program to provide funds as grants to state agencies, local governments, tribal governments and nonprofit organizations for the purpose of satisfying the matching requirement for a federal or nongovernmental organization grant; and (2) creates the Grant Matching Fund to hold money for the pilot program to provide such grants to satisfy grant matching requirements. (Sections 1.5-5 of chapter 575, Statutes of Nevada 2019, at page 3709) The pilot program expires on June 30, 2021. (Section 8 of chapter 575, Statutes of Nevada 2019, at page 3710) Sections 29.3, 29.5 and 34 of this bill extend the pilot program until June 30, 2022, and revise it to: (1) rename the Grant Matching Fund the Grant Matching Account; (2) prohibit money deposited in the Grant Matching Account from being used for the purpose of providing grants to satisfy matching requirements for nongovernmental organization grants; and (3) provide that the balance remaining at the end of the fiscal year, except any money received from a gift, grant or donation, reverts to the State General Fund.

 


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June 30, 2022, and revise it to: (1) rename the Grant Matching Fund the Grant Matching Account; (2) prohibit money deposited in the Grant Matching Account from being used for the purpose of providing grants to satisfy matching requirements for nongovernmental organization grants; and (3) provide that the balance remaining at the end of the fiscal year, except any money received from a gift, grant or donation, reverts to the State General Fund. Sections 11 and 34 of this bill create the Nevada Grant Matching Program within the Office of Federal Assistance effective July 1, 2022, and require the Program to serve the same purpose the pilot program served. Section 12 of this bill creates the Grant Matching Account as part of the Program, and requires the Account to be administered by the Office of Federal Assistance in the same manner as the Grant Matching Account created for the pilot program.

      Existing law provides for the creation of the Abandoned Property Trust Account into which proceeds from the sale of abandoned property are deposited. Under existing law, the first $7,600,000 of the balance in the Account is required to be transferred to the Millennium Scholarship Trust Fund at the end of each fiscal year. (NRS 120A.620) Sections 26 and 29.7 of this bill provide for the transfer of the next $1,000,000 of the balance in the Abandoned Property Trust Account to the Grant Matching Account at the end of each fiscal year, commencing with a transfer from the balance in the Abandoned Property Trust Account as soon as practicable after the close of the Fiscal Year 2020-2021.

      Section 13 of this bill requires the Director to: (1) consult with the Nevada Advisory Council on Federal Assistance and certain other persons to develop certain processes relating to the Program; and (2) administer all applicable aspects of those processes. Section 14 of this bill adopts the same criteria for eligibility for a grant from the Grant Matching Account as were adopted for eligibility for a grant under the pilot program. Section 15 of this bill requires the Director to prepare and submit a biennial report to the Legislature that includes certain information relating to grant requests received and approved by the Director.

      Existing law creates the Nevada Advisory Council on Federal Assistance for the purposes of advising and assisting state and local agencies with respect to obtaining and maximizing federal assistance that may be available from any agency or authority of the Federal Government. (NRS 358.020, 358.040) Section 27 of this bill expands the membership of the Nevada Advisory Council on Federal Assistance effective July 1, 2021, to include: (1) two voting members who represent a nonprofit organization, a local agency or a tribal government and are appointed by the Majority Leader of the Senate and the Speaker of the Assembly, respectively; (2) the State Treasurer, who serves as a voting member; and (3) the State Controller, who serves as a voting member. Sections 28 and 34 of this bill revise the duties of the Council to require the Council, beginning on July 1, 2022, to: (1) advise and assist the Director with developing and carrying out the State Plan for Maximizing Federal Assistance and carrying out certain other responsibilities; and (2) develop legislative and executive recommendations relating to obtaining and maximizing federal assistance in this State. Sections 3-7 and 10 of this bill define certain terms relating to the Office and Program. Sections 29.6, 29.63 and 29.67 of this bill make appropriations to implement the provisions of this bill.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 223 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.

      Sec. 2. As used in sections 2 to 15, inclusive, of this act, and NRS 232.222 to 232.227, inclusive, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Director” means the Director of the Office.

 


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      Sec. 4. “Federal assistance” means money, equipment, material or services that may be available to a state agency, local agency, tribal government or nonprofit organization from any agency or authority of the Federal Government pursuant to a federal program.

      Sec. 5. “Local agency” means any local legislative body, agency, bureau, board, commission, department, division, office or other unit of any county, city or other political subdivision.

      Sec. 6. “Office” means the Office of Federal Assistance created by section 8 of this act.

      Sec. 7. “State agency” means an agency, bureau, board, commission, department, division or any other unit of government of the State Government.

      Sec. 8. 1.  There is hereby created within the Office of the Governor the Office of Federal Assistance for the purpose of obtaining and maximizing federal assistance.

      2.  The Governor shall propose a budget for the Office.

      3.  The Office shall maintain an office located in an urban area in northern Nevada and an office located in an urban area in southern Nevada.

      Sec. 9. 1.  The Director shall, in consultation with the Nevada Advisory Council on Federal Assistance created by NRS 358.020, develop and may periodically revise a State Plan for Maximizing Federal Assistance, which must identify:

      (a) Methods for expanding opportunities for obtaining federal assistance, including, without limitation, expanding opportunities for obtaining matching funds for federal assistance through the Nevada Grant Matching Program created by section 11 of this act;

      (b) Methods for streamlining process, regulatory, structural and other barriers to the acquisition of federal assistance that exist at each level of federal, state or local government;

      (c) Methods for the effective administration of grants, including, without limitation, best practices relating to indirect cost allocation;

      (d) Opportunities for:

             (1) Reducing administrative costs associated with obtaining federal assistance; and

             (2) Coordination between state agencies, local agencies, tribal governments and nonprofit organizations to avoid duplication and achieve common goals;

      (e) Specific tasks which must be performed to improve the administration of grants and maximize the amount of federal assistance received by this State and a schedule for implementing any such tasks;

      (f) Performance metrics and targets relating to obtaining and maximizing federal assistance and improving the administration of grants; and

      (g) Best practices for considering whether to respond to a grant opportunity, including, without limitation, the monetary and programmatic cost of implementing a grant.

      2.  The Director shall post the State Plan for Maximizing Federal Assistance on the Internet website maintained by the Office.

      Sec. 10. As used in sections 10 to 15, inclusive, of this act, unless the context otherwise requires, “Program” means the Nevada Grant Matching Program created by section 11 of this act.

 


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      Sec. 11. The Nevada Grant Matching Program is hereby created within the Office. The Program must:

      1.  Allow state agencies, local agencies, tribal governments and nonprofit organizations to request grants from the Grant Matching Account created by section 12 of this act for the purpose of satisfying the matching funds requirement for a federal grant;

      2.  Provide a clear, streamlined and timely process for state agencies, local agencies, tribal governments and nonprofit organizations to apply for matching funds for a specific federal grant and receive a prompt decision from the Director; and

      3.  Prioritize grants that:

      (a) Add services to constituents;

      (b) Align with the documented priorities of the state agency, local agency, tribal government or nonprofit organization;

      (c) Address the needs of underserved or frontier communities;

      (d) Help state agencies, local agencies, tribal governments and nonprofit organizations build capacity for future grant opportunities; and

      (e) Enable a state agency, local agency, tribal government or nonprofit organization to sustain the grant in its next budget.

      Sec. 12. 1.  The Grant Matching Account is hereby created in the State General Fund. The Office shall administer the Grant Matching Account.

      2.  Money received from:

      (a) A direct legislative appropriation to the Grant Matching Account;

      (b) A transfer from the Abandoned Property Trust Account pursuant to NRS 120A.620; and

      (c) A grant, gift or donation to the Grant Matching Account,

Ê must be deposited in the Grant Matching Account. The interest and income earned on the money in the Grant Matching Account must be credited to the Grant Matching Account.

      3.  Except as otherwise provided in subsection 4, the balance remaining in the Grant Matching Account that has not been committed for expenditure on or before June 30 of an odd-numbered fiscal year reverts to the State General Fund.

      4.  All money received from a grant, gift or donation to the Grant Matching Account:

      (a) Must be accounted for separately in the Account;

      (b) Must be expended in accordance with the terms of the gift, grant or donation; and

      (c) Does not revert to the State General Fund and must be carried over into the next fiscal year.

      Sec. 13. 1.  The Director shall consult with the Nevada Advisory Council on Federal Assistance created by NRS 358.020, grant professionals employed by the State and other grant experts to develop:

      (a) A process for:

             (1) State agencies, local agencies, tribal governments and nonprofit organizations to make a request for a grant for matching funds;

             (2) The payment or transfer of grant money; and

             (3) Reporting on the use and implementation of grant awards; and

      (b) Criteria for the review, award and notification of grant requests.

      2.  The Director shall administer all applicable aspects of the process set forth in subsection 1.

 


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      Sec. 14. To be eligible for a grant from the Grant Matching Account created by section 12 of this act, a state agency, local agency, tribal government or nonprofit organization must:

      1.  Demonstrate that:

      (a) It is pursuing a bona fide federal grant for which it is eligible;

      (b) It attempted but was unable to secure adequate matching funding through its own budget or in-kind resources;

      (c) The grant is within its scope;

      (d) The grant is a competitive grant; and

      (e) The grant will provide not less than $2 for each $1 received from the Grant Matching Account.

      2.  Apply for a grant in the form and process prescribed by the Director.

      3.  Adhere to other requirements deemed appropriate for the Program.

      Sec. 15. On or before January 1 of each odd-numbered year, the Director of the Office shall prepare and submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a summary report for the Program detailing:

      1.  The number and purpose of grant requests received from state agencies, local agencies, tribal governments and nonprofit organizations;

      2.  The number and purpose of grant requests approved and the amount of money awarded from the Grant Matching Account created by section 12 of this act to each approved grant request applicant; and

      3.  The amount of federal grant funding received by each grant applicant as a result of receiving money from the Grant Matching Account.

      Sec. 16. 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 Federal Assistance, the Office of Science, Innovation and Technology, the Office of the Western Regional Education Compact, the Office of Workforce Innovation 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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      Sec. 17. NRS 232.213 is hereby amended to read as follows:

      232.213  1.  The Department of Administration is hereby created.

      2.  The Department consists of a Director and the following:

      (a) Risk Management Division.

      (b) Hearings Division, which consists of hearing officers, compensation officers and appeals officers.

      (c) State Public Works Division.

      (d) Purchasing Division.

      (e) Administrative Services Division.

      (f) Division of Human Resource Management.

      (g) Division of Enterprise Information Technology Services.

      (h) Division of State Library, Archives and Public Records.

      (i) [Office of Grant Procurement, Coordination and Management.

      (j)] Fleet Services Division.

      [(k)] (j) Public Employees’ Deferred Compensation Program.

      Sec. 18. NRS 232.215 is hereby amended to read as follows:

      232.215  The Director:

      1.  Shall appoint an Administrator of the:

      (a) Risk Management Division;

      (b) State Public Works Division;

      (c) Purchasing Division;

      (d) Administrative Services Division;

      (e) Division of Human Resource Management;

      (f) Division of Enterprise Information Technology Services;

      (g) Division of State Library, Archives and Public Records;

      [(h) Office of Grant Procurement, Coordination and Management;] and

      [(i)] (h) Fleet Services Division.

      2.  Shall, with the concurrence of the Governor and the Committee to Administer the Public Employees’ Deferred Compensation Program, appoint the Executive Officer of the Public Employees’ Deferred Compensation Program.

      3.  Shall serve as Chief of the Hearings Division and shall appoint the hearing officers and compensation officers. The Director may designate one of the appeals officers in the Division to supervise the administrative, technical and procedural activities of the Division.

      4.  Is responsible for the administration, through the divisions of the Department, of the provisions of chapters 233F, 242 and 284 of NRS, NRS 287.250 to 287.370, inclusive, and chapters 331, 333, 336, 338, 341 and 378 of NRS and all other provisions of law relating to the functions of the divisions of the Department.

      5.  Is responsible for the administration of the laws of this State relating to the negotiation and procurement of medical services and other benefits for state agencies.

      6.  Has such other powers and duties as are provided by law.

      Sec. 19. NRS 232.2165 is hereby amended to read as follows:

      232.2165  1.  The Administrator of:

      (a) The State Public Works Division;

      (b) The Purchasing Division;

      (c) The Administrative Services Division;

      (d) The Division of Human Resource Management;

      (e) The Division of Enterprise Information Technology Services;

      (f) The Division of State Library, Archives and Public Records;

 


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      [(g) The Office of Grant Procurement, Coordination and Management;] and

      [(h)] (g) The Fleet Services Division,

Ê of the Department serves at the pleasure of the Director and is in the unclassified service of the State.

      2.  The Executive Officer of the Public Employees’ Deferred Compensation Program appointed pursuant to NRS 232.215 is in the unclassified service of the State and serves at the pleasure of the Director, except that he or she may be removed by a majority vote of the Committee to Administer the Public Employees’ Deferred Compensation Program.

      Sec. 20. NRS 232.222 is hereby amended to read as follows:

      232.222  1.  The [person appointed to serve as the Administrator] Governor shall appoint a Director of the Office [of Grant Procurement, Coordination and Management] who must [have:] possess:

      (a) Extensive expertise and experience in applying for and receiving [grants;] federal assistance;

      (b) Specialized knowledge of the process of grant writing and approval in the public and private [sector;] sectors; and

      (c) Proven experience in designing and managing programs which rely solely or partially upon [money received from grants.] federal assistance.

      2.  The [Administrator] Director shall devote his or her entire time and attention to the business of his or her office and shall not engage in any other gainful employment or occupation.

      3.  The Director is in the unclassified service of the State and serves at the pleasure of the Governor.

      Sec. 21. NRS 232.223 is hereby amended to read as follows:

      232.223  [1.]  The [Administrator of the Office of Grant Procurement, Coordination and Management] Director shall, within the limits of money appropriated or authorized to be expended for this purpose, employ such persons in the classified or unclassified service of the State as he or she deems necessary to [serve in the classified or unclassified service of the State for the purposes set forth in this section.

      2.  A person employed pursuant to this section shall, under the direction of the Administrator of the Office of Grant Procurement, Coordination and Management, assist the Administrator in carrying out the provisions of NRS 232.222 to 232.227, inclusive.] carry out the provisions of sections 2 to 15, inclusive, of this act.

      Sec. 22. NRS 232.224 is hereby amended to read as follows:

      232.224  1.  The [Administrator] Director of the Office of [Grant Procurement, Coordination and Management] Federal Assistance shall:

      (a) [Research and identify federal grants which may be available to state agencies.] Coordinate and collaborate with state agencies, local agencies, tribal governments and nonprofit organizations to implement the State Plan for Maximizing Federal Assistance developed pursuant to section 9 of this act;

      (b) [Write grants for federal funds for state agencies.

      (c) Coordinate] To the extent money is available, administer a grant management system;

      (c) Develop a manual of policies and procedures relating to federal assistance and post the manual on the Internet website maintained by the Office;

 


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      (d) Serve as the entity designated by the State to review and coordinate proposed federal financial assistance and direct federal development for purposes of 47 Fed. Reg. 30,959 (July 14, 1982);

      (e) To the greatest extent practicable, coordinate with the members of Congress representing this State to combine efforts relating to identifying and managing available federal [grants and related programs.

      (d)]assistance;

      (f) If requested by a state agency, research the availability of [grants and write grant proposals and applications] federal assistance for the state agency.

      [(e)](g) To the greatest extent practicable, ensure that state agencies are aware of any [grant] opportunities to obtain federal assistance for which they are or may be eligible.

      [(f)](h) If requested by the [director] executive head of a state agency, advise the [director and the] state agency concerning the requirements for receiving and managing [grants.

      (g)]federal assistance;

      (i) To the greatest extent practicable, coordinate with state agencies and local agencies that have received [grants] federal assistance for similar projects to ensure that the efforts and services of those [state and local] agencies are not duplicated.

      [(h)](j) Serve as a clearinghouse for disseminating information relating to unexpended grant money of state agencies by [compiling] :

             (1) Compiling and updating periodically a list of the grants and unexpended amounts thereof for which the Office received notification from state agencies pursuant to subsection 3 of NRS 232.225 ; and [making]

             (2) Making the list available on the Internet website maintained by the [Department.

      (i)]Office;

      (k) To the greatest extent practicable, develop and provide to state agencies, local agencies, tribal governments and nonprofit organizations, training opportunities relating to the acquisition and administration of grants, including, without limitation, compliance with requirements during the term of the grant; and

      (l) On or before January 1 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report regarding all activity relating to the application for, receipt of and use of grants in this State.

      2.  The [Administrator] Director may:

      (a) Adopt regulations to carry out the provisions of this section and NRS 232.225 and 232.226.

      (b) [Provide training on grant procurement, coordination and management to state agencies.] If requested by a state agency, local agency, tribal government or nonprofit organization, write grant proposals and applications and otherwise assist such an entity in obtaining federal resources.

      (c) [Provide training and technical assistance regarding grant procurement, coordination and management to local governments, tribal governments and nonprofit organizations.

      (d)] Provide administrative support to the Nevada Advisory Council on Federal Assistance created by NRS 358.020.

 


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      Sec. 23. NRS 232.225 is hereby amended to read as follows:

      232.225  In addition to any other requirement concerning applying for or receiving a grant, a state agency shall notify the Office , [of Grant Procurement, Coordination and Management,] on a form prescribed by the Office, of:

      1.  Any grant for which the state agency applies.

      2.  Any grant which the state agency receives.

      3.  The amount of any portion of a grant received by the state agency that the state agency determines will be unexpended by the end of the period for which the grant was made.

      Sec. 24. NRS 232.226 is hereby amended to read as follows:

      232.226  The Office [of Grant Procurement, Coordination and Management] may apply for and receive any gift, grant, contribution or other money from any source to carry out the provisions of NRS 232.222 to 232.227, inclusive.

      Sec. 25. NRS 232.227 is hereby amended to read as follows:

      232.227  1.  The Account for the Office of [Grant Procurement, Coordination and Management] Federal Assistance is hereby created in the State General Fund. The Account must be administered by the [Administrator of the Office.] Director.

      2.  Any money accepted pursuant to NRS 232.226 must be deposited in the Account.

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

      4.  The money in the Account which is donated for a purpose specified by the donor, within the scope of the duties of the [Administrator of the Office of Grant Procurement, Coordination and Management,] Director, must only be used for that purpose. If no purpose is specified, the money in the Account must only be used to carry out the duties of the [Administrator.] Director.

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

      Sec. 26. NRS 120A.620 is hereby amended to read as follows:

      120A.620  1.  There is hereby created in the State General Fund the Abandoned Property Trust Account.

      2.  All money received by the Administrator under this chapter, including the proceeds from the sale of abandoned property, must be deposited by the Administrator in the State General Fund for credit to the Account.

      3.  Before making a deposit, the Administrator shall record the name and last known address of each person appearing from the holders’ reports to be entitled to the abandoned property and the name and last known address of each insured person or annuitant, and with respect to each policy or contract listed in the report of an insurance company, its number, the name of the company and the amount due. The record must be available for public inspection at all reasonable business hours.

      4.  The Administrator may pay from money available in the Account:

      (a) Any costs in connection with the sale of abandoned property.

      (b) Any costs of mailing and publication in connection with any abandoned property.

      (c) Reasonable service charges.

 


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      (d) Any costs incurred in examining the records of a holder and in collecting the abandoned property.

      (e) Any valid claims filed pursuant to this chapter.

      5.  Except as otherwise provided in NRS 120A.610, by the end of each fiscal year, the balance in the Account must be transferred as follows:

      (a) The first $7,600,000 each year must be transferred to the Millennium Scholarship Trust Fund created by NRS 396.926.

      (b) The next $1,000,000 each year must be transferred to the Grant Matching Account created by section 12 of this act.

      (c) The remainder must be transferred to the State General Fund, but remains subject to the valid claims of holders pursuant to NRS 120A.590 and owners pursuant to NRS 120A.640 and any claims approved for payment by the Administrator pursuant to NRS 120A.525. No such claim may be satisfied from money in the Millennium Scholarship Trust Fund [.] or the Grant Matching Account.

      6.  If there is an insufficient amount of money in the Account to pay any cost or charge pursuant to subsection 4 or NRS 120A.525, the State Board of Examiners may, upon the application of the Administrator, authorize a temporary transfer from the State General Fund to the Account of an amount necessary to pay those costs or charges. The Administrator shall repay the amount of the transfer as soon as sufficient money is available in the Account.

      Sec. 27. NRS 358.020 is hereby amended to read as follows:

      358.020  1.  The Nevada Advisory Council on Federal Assistance is hereby created. The Council consists of the following [seven] 11 members:

      (a) One member of the Senate appointed by the Majority Leader of the Senate.

      (b) One member of the Assembly appointed by the Speaker of the Assembly.

      (c) One member appointed by the Majority Leader of the Senate who represents a nonprofit organization, a local agency or a tribal government.

      (d) One member appointed by the Speaker of the Assembly who represents a nonprofit organization, a local agency or a tribal government.

      (e) One member appointed by the Governor who represents a nonprofit organization that provides grants in this State.

      [(d)] (f) One member appointed by the Governor who represents a local government.

      [(e)] (g) One member appointed by the Governor who represents private businesses.

      [(f)] (h) The State Treasurer, who may name a designee to serve on the Council on his or her behalf.

      (i) The State Controller, who may name a designee to serve on the Council on his or her behalf.

      (j) The Chief of the Budget Division of the Office of Finance.

      [(g)] (k) The Administrator of the Office of Grant Procurement, Coordination and Management of the Department of Administration.

      2.  The members described in:

      (a) Paragraphs (a) to [(e),] (i), inclusive, of subsection 1 are voting members.

      (b) Paragraphs [(f)] (j) and [(g)] (k) of subsection 1 are nonvoting members.

 


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      3.  The Governor shall, to the extent practicable, collaborate to ensure that the persons appointed pursuant to paragraphs [(c), (d) and] (e) , (f) and (g) of subsection 1 are representative of the urban and rural areas of this State.

      4.  Each appointed member of the Council serves a term of 2 years.

      5.  An appointed member of the Council:

      (a) May be reappointed.

      (b) Shall not serve more than three terms.

      6.  Any vacancy occurring in the appointed membership of the Council must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs. A member appointed to fill a vacancy shall serve as a member of the Council for the remainder of the original term of appointment.

      7.  Each member of the Council:

      (a) Serves without compensation; and

      (b) While engaged in the business of the Council, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      8.  The [Department of Administration] Office of Grant Procurement, Coordination and Management of the Department of Administration shall provide the Council with administrative support.

      Sec. 27.5. NRS 358.020 is hereby amended to read as follows:

      358.020  1.  The Nevada Advisory Council on Federal Assistance is hereby created. The Council consists of the following 11 members:

      (a) One member of the Senate appointed by the Majority Leader of the Senate.

      (b) One member of the Assembly appointed by the Speaker of the Assembly.

      (c) One member appointed by the Majority Leader of the Senate who represents a nonprofit organization, a local agency or a tribal government.

      (d) One member appointed by the Speaker of the Assembly who represents a nonprofit organization, a local agency or a tribal government.

      (e) One member appointed by the Governor who represents a nonprofit organization that provides grants in this State.

      (f) One member appointed by the Governor who represents a local government.

      (g) One member appointed by the Governor who represents private businesses.

      (h) The State Treasurer, who may name a designee to serve on the Council on his or her behalf.

      (i) The State Controller, who may name a designee to serve on the Council on his or her behalf.

      (j) The Chief of the Budget Division of the Office of Finance.

      (k) The [Administrator] Director of the Office of [Grant Procurement, Coordination and Management of the Department of Administration.] Federal Assistance.

      2.  The members described in:

      (a) Paragraphs (a) to (i), inclusive, of subsection 1 are voting members.

      (b) Paragraphs (j) and (k) of subsection 1 are nonvoting members.

      3.  The Governor shall, to the extent practicable, collaborate to ensure that the persons appointed pursuant to paragraphs (e), (f) and (g) of subsection 1 are representative of the urban and rural areas of this State.

 


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ê2021 Statutes of Nevada, Page 3712 (CHAPTER 545, AB 445)ê

 

      4.  Each appointed member of the Council serves a term of 2 years.

      5.  An appointed member of the Council:

      (a) May be reappointed.

      (b) Shall not serve more than three terms.

      6.  Any vacancy occurring in the appointed membership of the Council must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs. A member appointed to fill a vacancy shall serve as a member of the Council for the remainder of the original term of appointment.

      7.  Each member of the Council:

      (a) Serves without compensation; and

      (b) While engaged in the business of the Council, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      8.  The Office of [Grant Procurement, Coordination and Management in the Department of Administration] Federal Assistance shall provide the Council with administrative support.

      Sec. 28. NRS 358.040 is hereby amended to read as follows:

      358.040  1.  The Council shall [, within the scope of its authority, advise] :

      (a) Advise and assist [state and local agencies with respect] the Director with:

             (1) Developing and carrying out the State Plan For Maximizing Federal Assistance required by section 9 of this act; and

             (2) Carrying out the provisions of sections 2 to 15, inclusive, of this act, including, without limitation, any training provided by the Director pursuant to subsection 2 of section NRS 223.224; and

      (b) Develop legislative and executive recommendations relating to obtaining and maximizing federal assistance [.] in this State.

      2.  The Council may request information from state and local agencies , tribal governments and nonprofit organizations for the purposes of advising and assisting the Director with evaluating and monitoring the success of such agencies , governments or organizations in accordance with the stated purpose of the [Council] Office pursuant to [subsection 1.] section 8 of this act. A state [or] agency, local agency , tribal government or nonprofit organization may provide any information, collaborate with the Council or utilize any assistance offered by the Council for the purpose of obtaining and maximizing any federal assistance that may be available to the [state or local] agency [.] , government or organization.

      3.  [The Council shall:

      (a) Address methods and models for identifying, procuring, utilizing and maintaining federal assistance, including, without limitation:

             (1) Streamlining process, regulatory, structural and other barriers to the acquisition of federal assistance that may exist at each level of federal, state or local government.

             (2) Developing and expanding opportunities for obtaining matching funds for federal assistance.

             (3) Ensuring sufficient personnel and technical expertise in state and local governments and nonprofit organizations.

             (4) Developing and expanding opportunities to work with nonprofit organizations to achieve common goals.

 


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ê2021 Statutes of Nevada, Page 3713 (CHAPTER 545, AB 445)ê

 

             (5) Standards for balancing the costs to a state or local agency of maximizing eligibility for federal assistance relative to the ability of the agency to utilize effectively such federal assistance.

      (b) Develop legislative and executive recommendations on matters described in paragraph (a).

      4.]  As used in this section [, “federal] :

      (a) “Director” means the Director of the Office.

      (b) “Federal assistance” [means money, equipment, material or services that may be available to a state or local agency from any agency or authority of the Federal Government pursuant to a federal program.] has the meaning ascribed to it in section 4 of this act.

      (c) “Office” means the Office of Federal Assistance created by section 8 of this act.

      Sec. 29. NRS 439.263 is hereby amended to read as follows:

      439.263  1.  It is the policy of this State to:

      (a) Improve the completeness and quality of data concerning diverse demographic groups that is collected, reported and analyzed for the purposes of clinical trials of drugs and medical devices;

      (b) Identify barriers to participation in clinical trials by persons who are members of demographic groups that are underrepresented in such trials and employ strategies recognized by the United States Food and Drug Administration to encourage greater participation in clinical trials by such persons; and

      (c) Make data concerning demographic groups that is collected, reported and analyzed for the purposes of clinical trials more available and transparent.

      2.  To assist in carrying out this policy:

      (a) The Division shall review the most recent version of “Collection of Race and Ethnicity Data in Clinical Trials — Guidance for Industry and Food and Drug Administration Staff,” published by the United States Food and Drug Administration, and establish, using existing infrastructure and tools, a program to encourage participation in clinical trials of drugs and medical devices by persons who are members of demographic groups that are underrepresented in such clinical trials. The program must include, without limitation:

             (1) Collaboration with medical facilities, health authorities and other local governmental entities, nonprofit organizations and scientific investigators and institutions that are performing research relating to drugs or medical devices to assist such investigators and institutions in identifying and recruiting persons who are members of underrepresented demographic groups to participate in clinical trials; and

             (2) The establishment and maintenance of an Internet website that:

                   (I) Provides information concerning methods recognized by the United States Food and Drug Administration for identifying and recruiting persons who are members of underrepresented demographic groups to participate in clinical trials; and

                   (II) Contains links to Internet websites maintained by medical facilities, health authorities and other local governmental entities, nonprofit organizations and scientific investigators and institutions that are performing research relating to drugs or medical devices in this State.

      (b) With the assistance of the Office of [Grant Procurement, Coordination and Management of the Department of Administration,] Federal Assistance, the Division shall apply for grants from any source, including, without limitation, the Federal Government, to fund the program established pursuant to paragraph (a).

 


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ê2021 Statutes of Nevada, Page 3714 (CHAPTER 545, AB 445)ê

 

Federal Assistance, the Division shall apply for grants from any source, including, without limitation, the Federal Government, to fund the program established pursuant to paragraph (a).

      (c) Not later than May 1 of each even-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report concerning the status and results of the program established pursuant to paragraph (a).

      (d) Each state or local governmental entity that conducts clinical trials of drugs or medical devices, including, without limitation, the Board of Regents of the University of Nevada, shall adopt a policy concerning the identification and recruitment of persons who are members of underrepresented demographic groups to participate in those clinical trials. Such a policy must include, without limitation, requirements that investigators who are conducting clinical trials collaborate with community-based organizations and use methods recognized by the United States Food and Drug Administration to identify and recruit such persons to participate in those clinical trials.

      3.  For the purposes of this section, demographic groups that are underrepresented in clinical trials may include, without limitation, persons who are underrepresented by race, sex, sexual orientation, socioeconomic status and age.

      4.  The Division may accept gifts, grants and donations from any source for the purpose of carrying out the provisions of this section.

      5.  As used in this section, “medical facility” has the meaning ascribed to it in NRS 449.0151.

      Sec. 29.3. Section 1.5 of chapter 575, Statutes of Nevada 2019, as amended by chapter 5, Statutes of Nevada 2020, 31st Special Session, at page 38, is hereby amended to read as follows:

      Sec. 1.5.  1.  There is hereby created [in the State Treasury a special fund which shall be designated as] the Grant Matching [Fund.] Account in the State General Fund.

       [1.  The]

      2.  Money received from:

      (a) A direct legislative appropriation to the Grant Matching Account;

      (b) A transfer from the Abandoned Property Trust Account created by NRS 120A.620; and

      (c) A gift, grant or donation to the Grant Matching Account,

Ê must be deposited in the Grant Matching Account.

      3.  Money in the Grant Matching [Fund shall hold appropriated money in trust for the exclusive purpose of providing] Account may be used only to provide grants to state agencies, local governments, tribal governments and nonprofit organizations to satisfy federal [and nongovernmental organization] grant matching requirements and for any other purpose authorized by the Legislature.

      [2.] 4.  The Interim Finance Committee must authorize the transfer of money from the Grant Matching [Fund] Account before the acceptance of a federal grant award greater than $150,000 . [or a nongovernmental organization grant award greater than $20,000.]

      5.  Except as otherwise provided in subsection 6, the balance remaining in the Grant Matching Account that has not been committed for expenditure on or before the end of the fiscal year reverts to the State General Fund.

 


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ê2021 Statutes of Nevada, Page 3715 (CHAPTER 545, AB 445)ê

 

committed for expenditure on or before the end of the fiscal year reverts to the State General Fund.

      6.  All money received from a grant, gift or donation to the Grant Matching Account:

      (a) Must be accounted for separately in the Grant Matching Account;

      (b) Must be expended in accordance with the terms of the gift, grant or donation; and

      (c) Does not revert to the State General Fund.

      Sec. 29.5.  Section 8 of chapter 575, Statutes of Nevada 2019, at page 3710, is hereby amended to read as follows:

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

      2.  Sections 1.5 to 5, inclusive, of this act expire by limitation on June 30, [2021.] 2022.

      Sec. 29.6. 1.  There is hereby appropriated from the State General Fund to the Office of Grant Procurement, Coordination and Management of the Department of Administration the sum of $279,979 in Fiscal Year 2021-2022 for personnel and operating costs and the costs of upgrades to the grant management system related to carrying out the provisions of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2022, 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, 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.

      Sec. 29.63.  1.  There is hereby appropriated from the State General Fund to the Office of Federal Assistance created by section 8 of this act the sum of $1,091,010 in Fiscal Year 2022-2023 for personnel and operating costs and the costs of upgrades to the grant management system related to carrying out the provisions of this act.

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

      Sec. 29.67.  1.  There is hereby appropriated from the State General Fund to the Office of the State Controller for personnel costs related additional reporting of federal funding resulting from the carrying out of the provisions of this act the following sums:

For the Fiscal Year 2021-2022...................................................... $89,537

For the Fiscal Year 2022-2023.................................................... $115,772

      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 3716 (CHAPTER 545, AB 445)ê

 

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. 29.7.  1.  As soon as practicable after the close of the Fiscal Year 2020-2021, the State Controller shall transfer $1,000,000 from the balance of the Abandoned Property Trust Account created by NRS 120A.620 to the Grant Matching Account created by section 1.5 of chapter 575, Statutes of Nevada 2019, at page 3708, as amended by section 29.3 of this act.

      2.  As soon as practicable on or after July 1, 2022, the State Controller shall transfer the balance of the Grant Matching Account created by section 1.5 of chapter 575, Statutes of Nevada 2019, at page 3708, as amended by section 29.3 of this act, to the Grant Matching Account created by section 12 of this act.

      Sec. 30.  The State Controller shall change the designation of the name of the Account for the Office of Grant Procurement, Coordination and Management created pursuant to NRS 232.227, as amended by section 25 of this act, to the Account for the Office of Federal Assistance without making any transfer of the money in the Account. The assets and liabilities of the Account are unaffected by the change of the name.

      Sec. 31. (Deleted by amendment.)

      Sec. 32.  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. 33.  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. 34.  1.  This section and sections 29.5, 31, 32 and 33 of this act become effective upon passage and approval.

      2.  Sections 27, 29.3 and 29.7 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.

      3.  Sections 29.6, 29.63 and 29.67 of this act become effective on July 1, 2021.

      4.  Sections 1 to 26, inclusive, 27.5, 28, 29 and 30 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, 2022, for all other purposes.

      5.  Section 29.3 of this act expires by limitation on June 30, 2022.

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ê2021 Statutes of Nevada, Page 3717ê

 

CHAPTER 546, AB 355

Assembly Bill No. 355–Committee on Ways and Means

 

CHAPTER 546

 

[Approved: June 10, 2021]

 

AN ACT making appropriations for various purposes relating to health and education; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $750,000 for allocation to the International Gaming Institute of the University of Nevada, Las Vegas for the “Expanding the Leaderverse” initiative to increase the diversity of the leadership in the gaming industry.

      2.  Allocation of the money appropriated by subsection 1 is contingent upon matching money being obtained by the International Gaming Institute, including, without limitation, gifts, grants and donations to the International Gaming Institute from private and public sources of money other than the appropriation made by subsection 1. The Interim Finance Committee shall not direct the transfer of any portion of money from the appropriation made by subsection 1 until the International Gaming Institute submits to the Committee proof satisfactory to the Committee that matching money in an equivalent amount has been committed.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 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 money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.

      Sec. 2.  1.  There is hereby appropriated from the State General Fund to the Nevada Center for Civic Engagement the sum of $350,000 to support the We the People: The Citizen and the Constitution Program in Nevada’s elementary, junior high, middle and high schools.

      2.  Upon acceptance of the money appropriated by subsection 1, the Nevada Center for Civic Engagement agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 16, 2022, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Center for Civic Engagement through December 1, 2022;

 


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ê2021 Statutes of Nevada, Page 3718 (CHAPTER 546, AB 355)ê

 

      (b) Prepare and transmit a final report to the Interim Finance Committee on or before September 15, 2023, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Center for Civic Engagement through June 30, 2023; and

      (c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Nevada Center for Civic Engagement, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 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.  1.  There is hereby appropriated from the State General Fund to the Lou Ruvo Center for Brain Health the sum of $2,000,000 for research, clinical studies, operations and educational programs at the Center.

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

      Sec. 4.  1.  There is hereby appropriated from the State General Fund to the Lou Ruvo Center for Brain Health the sum of $1,084,686 for operations and educational programs to restore funding previously received by the Center for this purpose from the University of Nevada, Reno, School of Medicine.

      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. 5.  Upon acceptance of the money appropriated by sections 3 and 4 of this act, the Lou Ruvo Center for Brain Health agrees to:

      1.  Prepare and transmit a report to the Interim Finance Committee on or before December 16, 2022, that describes each expenditure made from the money appropriated by sections 3 and 4 of this act from the date on which the money was received by the Lou Ruvo Center for Brain Health through December 1, 2022;

 


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ê2021 Statutes of Nevada, Page 3719 (CHAPTER 546, AB 355)ê

 

money appropriated by sections 3 and 4 of this act from the date on which the money was received by the Lou Ruvo Center for Brain Health through December 1, 2022;

      2.  Prepare and transmit a final report to the Interim Finance Committee on or before September 15, 2023, that describes each expenditure made from the money appropriated by sections 3 and 4 of this act from the date on which the money was received by the Lou Ruvo Center for Brain Health through June 30, 2023; and

      3.  Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Lou Ruvo Center for Brain Health, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to sections 3 and 4 of this act.

      Sec. 6.  1.  There is hereby appropriated from the State General Fund to the Nevada Blind Children’s Foundation the sum of $1,000,000 for children to attend afterschool programs offered by the Nevada Blind Children’s Foundation.

      2.  Upon acceptance of the money appropriated by subsection 1, the Nevada Blind Children’s Foundation agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 16, 2022, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Blind Children’s Foundation through December 1, 2022;

      (b) Prepare and transmit a final report to the Interim Finance Committee on or before September 15, 2023, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Blind Children’s Foundation through June 30, 2023; and

      (c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Nevada Blind Children’s Foundation, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 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. 7.  1.  There is hereby appropriated from the State General Fund to the Nevada State Museum Las Vegas the sum of $2,000,000 to provide grant money to the Springs Preserve Foundation to be used to design and construct an ethnobotanical garden at the Las Vegas Springs Preserve to interpret plant life and crops used by prehistoric indigenous communities for agricultural, medicinal and construction purposes.

 


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ê2021 Statutes of Nevada, Page 3720 (CHAPTER 546, AB 355)ê

 

      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. 8.  1.  There is hereby appropriated from the State General Fund to Immunize Nevada the sum of $1,000,000 for its activities relating to public health.

      2.  Upon acceptance of the money appropriated by subsection 1, Immunize Nevada agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 16, 2022, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by Immunize Nevada through December 1, 2022;

      (b) Prepare and transmit a final report to the Interim Finance Committee on or before September 15, 2023, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by Immunize Nevada through June 30, 2023; and

      (c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of Immunize Nevada, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

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

      Sec. 9.  This act becomes effective upon passage and approval.

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ê2021 Statutes of Nevada, Page 3721ê

 

CHAPTER 547, SB 380

Senate Bill No. 380–Committee on Health and Human Services

 

CHAPTER 547

 

[Approved: June 10, 2021]

 

AN ACT relating to prescription drugs; revising the information that is reported under the program for tracking and reporting of information concerning the pricing of prescription drugs; requiring wholesalers to make a report; requiring certain reporting entities to affirm the accuracy of the information in the reports; revising requirements concerning the report of the Department of Health and Human Services on the pricing of prescription drugs; revising the authorized uses of certain administrative penalties; excluding certain information from protection as a trade secret; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Department of Health and Human Services to compile: (1) a list of prescription drugs that the Department determines to be essential for treating diabetes and asthma in this State; and (2) a list of such prescription drugs that have been subject to a significant price increase. (NRS 439B.630) Sections 1.3-4, 9.3 and 9.5 of this bill define certain terms relating to prescription drugs. Section 10 of this bill: (1) removes the requirement that the Department compile a list of essential asthma drugs; and (2) requires the Department to compile a list of prescription drugs with a wholesale acquisition cost exceeding $40 for a course of therapy that have undergone a price increase of 10 percent during the immediately preceding year or 20 percent during the immediately preceding 2 years. Section 19.5 of this bill makes a conforming change to reflect the changes made by section 10.

      Existing law requires a manufacturer of prescription drugs or a pharmacy benefit manager to report certain information concerning drugs on the list of essential asthma and diabetes drugs to the Department. (NRS 439B.635, 439B.640, 439B.645) Sections 11-13 of this bill require those reports to also include information concerning drugs on the list of drugs with a wholesale acquisition cost that exceeds $40 for a course of therapy and have undergone a price increase of 10 percent during the immediately preceding year or 20 percent during the immediately preceding 2 years. Section 13 of this bill additionally revises and expands the information that a pharmacy benefit manager is required to report concerning drugs on that list and drugs on the list of essential diabetes drugs. Section 6 of this bill requires a wholesaler of prescription drugs to report to the Department certain information concerning the drugs on those lists. Section 16 of this bill requires the Department to adopt regulations establishing the form and manner in which wholesalers are required to report that information. Sections 6 and 11-13 of this bill require a report submitted by a manufacturer, pharmacy benefit manager or wholesaler to be accompanied by statement signed under penalty of perjury affirming the accuracy of the information in the report.

      Existing law provides that pharmacy benefit managers are not required to report information relating to prescription drug coverage that is a part of a plan regulated under the federal Employee Retirement Income Security Act, but that such a plan may require a pharmacy benefit manager to report that information by contract. (NRS 439B.645) In Rutledge v. Pharm. Care Mgmt. Ass’n, the United States Supreme Court held that states are authorized to impose general requirements governing pharmacy benefit managers on pharmacy benefit managers that manage such coverage. (141 S. Ct. 474, 481 (2020)) Section 13 removes the exemption for such coverage from requirements for the reporting of information by pharmacy benefit managers, thereby requiring a pharmacy benefit manager to report information relating to such coverage regardless of whether they are required to do so by contract.

 


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coverage from requirements for the reporting of information by pharmacy benefit managers, thereby requiring a pharmacy benefit manager to report information relating to such coverage regardless of whether they are required to do so by contract.

      Existing law requires the Department to analyze the information reported concerning the prices of prescription drugs and compile a report concerning the reasons for and effect of the pricing. (NRS 439B.650) Section 14 of this bill: (1) revises the information that must be included in that report; and (2) requires the Department to present the findings in the report at a public hearing.

      Existing law authorizes the Department to impose an administrative penalty against a manufacturer, pharmacy benefit manager or nonprofit organization that fails to report required information. (NRS 439B.695) Section 18 of this bill: (1) authorizes the imposition of an administrative penalty against a wholesaler that fails to report the information required by section 6; and (2) revises the manner in which the Department is authorized to use the money collected through those penalties.

      Existing law excludes information reported by manufacturers, pharmaceutical sales representatives and pharmacy benefit managers from protection under trade secret law in this State. (NRS 600A.030) Section 19 of this bill similarly excludes information reported by wholesalers from such protection.

 

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 439B of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 to 8, inclusive, of this act.

      Sec. 1.3.“National Drug Code” means the numerical code assigned to a prescription drug by the United States Food and Drug Administration.

      Sec. 1.6.1.  “Rebate” means a discount or concession that affects the price of a prescription drug which is provided by the manufacture of the drug to:

      (a) A third party;

      (b) A pharmacy benefit manager after the pharmacy benefit manager has processed a claim from a pharmacy, an institutional pharmacy, as defined in NRS 639.0085, or a pharmacist; or

      (c) A wholesaler.

      2.  The term does not include a bona fide service fee, as defined in 42 C.F.R. § 447.502.

      Sec. 2. “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 coverage for prescription drugs;

      3.  The Public Employees’ Benefits Program established pursuant to subsection 1 of NRS 287.043;

      4.  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;

      5.  The Department, with regard to Medicaid and the Children’s Health Insurance Program; and

      6.  Any other insurer or organization providing coverage of prescription drugs in accordance with state or federal law.

      Sec. 3. (Deleted by amendment.)

 


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      Sec. 3.3. “Unit” has the meaning ascribed to it in 42 U.S.C. § 1395w-3a(b)(2)(B).

      Sec. 3.5.  (Deleted by amendment.)

      Sec. 4. “Wholesaler” has the meaning ascribed to it in NRS 639.016.

      Sec. 5.  (Deleted by amendment.)

      Sec. 6. 1.  On or before April 1 of each year, a wholesaler that sells a prescription drug that appears on either or both of the most current lists compiled by the Department pursuant to paragraphs (a) and (c) of subsection 1 of NRS 439B.630 for use in this State shall prepare and submit to the Department, in the form prescribed by the Department:

      (a) A report which includes the information prescribed by subsection 2; and

      (b) A statement signed by the person responsible for compiling the report affirming, under penalty of perjury, the accuracy of the information in the report.

      2.  The report submitted pursuant to paragraph (a) of subsection 1 must include, for each drug described in subsection 1:

      (a) The current wholesale acquisition cost of the drug and the minimum and maximum wholesale acquisition cost of the drug during the immediately preceding calendar year;

      (b) The total volume in units of the drug shipped by the wholesaler into this State during the immediately preceding calendar year;

      (c) The aggregate amount of rebates negotiated directly with the manufacturer of the drug for sales of units of the drug shipped by the wholesaler into this State during the immediately preceding calendar year;

      (d) The aggregate amount of rebates negotiated with pharmacies, pharmacy benefit managers and other entities for sales of units of the drug shipped by the wholesaler into this State during the immediately preceding calendar year; and

      (e) Any other information prescribed by regulation of the Department.

      Secs. 7 and 8.  (Deleted by amendment.)

      Sec. 9. NRS 439B.600 is hereby amended to read as follows:

      439B.600  As used in NRS 439B.600 to 439B.695, inclusive, and sections 1.3 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 439B.605 to 439B.620, inclusive, and sections 1.3 to 4, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 9.3. NRS 439B.605 is hereby amended to read as follows:

      439B.605  “Manufacturer” has the meaning ascribed to it in [NRS 639.009.] 42 U.S.C. § 1396r-8(k)(5).

      Sec. 9.5. NRS 439B.620 is hereby amended to read as follows:

      439B.620  “Wholesale acquisition cost” means the manufacturer’s published list price for a prescription drug [to wholesalers or direct purchasers in the United States, not including any discounts, rebates or reductions in price, as reported in wholesale price guides or other publications of drug pricing data.] with a unique National Drug Code for sale to a wholesaler or any other person or entity that purchases the prescription drug directly from the manufacturer, not including any rebates or other price concessions.

      Sec. 10. NRS 439B.630 is hereby amended to read as follows:

      439B.630  1.  On or before February 1 of each year, the Department shall compile:

 


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      [1.](a) A list of prescription drugs that the Department determines to be essential for treating [asthma and] diabetes in this State and the wholesale acquisition cost of each such drug on the list. The list must include, without limitation, all forms of insulin and biguanides marketed for sale in this State.

      [2.](b) A list of prescription drugs described in [subsection 1] paragraph (a) that have been subject to an increase in the wholesale acquisition cost of a percentage equal to or greater than:

      [(a)](1) The percentage increase in the Consumer Price Index, Medical Care Component during the immediately preceding calendar year; or

      [(b)](2) Twice the percentage increase in the Consumer Price Index, Medical Care Component during the immediately preceding 2 calendar years.

      (c) A list of prescription drugs with a wholesale acquisition cost exceeding $40 for a course of therapy that have been subject to an increase in the wholesale acquisition cost of a percentage equal to or greater than:

            (1) Ten percent during the immediately preceding calendar year; or

             (2) Twenty percent during the immediately preceding 2 calendar years.

      2.  As used in this section, “course of therapy” means:

      (a) Except as otherwise provided in paragraph (b), the recommended daily dosage of a prescription drug, as set forth on the label for the prescription drug approved by the United States Food and Drug Administration, for 30 days.

      (b) If the normal course of treatment using a prescription drug is less than 30 days, the recommended daily dosage of a prescription drug, as set forth on the label for the prescription drug approved by the United States Food and Drug Administration, for the duration of the recommended course of treatment.

      Sec. 11. NRS 439B.635 is hereby amended to read as follows:

      439B.635  1.  On or before April 1 of each year, the manufacturer of a prescription drug that appears on either or both of the most current [list] lists compiled by the Department pursuant to paragraphs (a) and (c) of subsection 1 of NRS 439B.630 shall prepare and submit to the Department, in the form prescribed by the Department [, a] :

      (a) A report which includes the information prescribed by subsection 2; and

      (b) A statement signed by the person responsible for compiling the report under penalty of perjury affirming the accuracy of the information in the report.

      2.  The report submitted pursuant to paragraph (a) of subsection 1 must include [:

      1.], for each drug described in subsection 1:

      (a)The National Drug Code for the drug, reported in numeric form;

      (b) The name, strength, dosage form and package size of the drug;

      (c) The costs of producing the drug;

      [2.](d) The total administrative expenditures relating to the drug, including marketing and advertising costs;

      [3.](e) The profit that the manufacturer has earned from the drug and the percentage of the manufacturer’s total profit for the period during which the manufacturer has marketed the drug for sale that is attributable to the drug;

 


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      [4.](f) The total amount of financial assistance that the manufacturer has provided through any patient prescription assistance program;

      [5.](g) The cost associated with coupons provided directly to consumers and for programs to assist consumers in paying copayments, and the cost to the manufacturer attributable to the redemption of those coupons and the use of those programs;

      [6.](h) The wholesale acquisition cost of the drug;

      [7.](i) A history of any increases in the wholesale acquisition cost of the drug over the 5 years immediately preceding the date on which the report is submitted, including the amount of each such increase expressed as a percentage of the total wholesale acquisition cost of the drug, the month and year in which each increase became effective and any explanation for the increase;

      [8.](j) The aggregate amount of all rebates that the manufacturer has provided to pharmacy benefit managers for sales of the drug within this State; [and

      9.](k) If the manufacturer acquired the intellectual property for the drug within the immediately preceding 5 years:

             (1) The name of the entity from which that intellectual property was acquired;

             (2) The date of the acquisition and the purchase price;

             (3) The wholesale acquisition cost at the time of the acquisition;

             (4) The wholesale acquisition cost of the drug 1 year before the date of the acquisition; and

             (5) The year that the drug was first made available for sale; and

      (l) Any additional information prescribed by regulation of the Department for the purpose of analyzing the cost of prescription drugs that appear on either or both of the [list] lists compiled pursuant to paragraphs (a) and (c) of subsection 1 of NRS 439B.630, trends in those costs and rebates available for such drugs.

      Sec. 12. NRS 439B.640 is hereby amended to read as follows:

      439B.640  1.  On or before April 1 of a year in which a drug is included on [the list] either or both of the lists compiled pursuant to paragraphs (b) or (c) of subsection [2] 1 of NRS 439B.630, the manufacturer of the drug shall submit to the Department [a] :

      (a) A report describing the reasons for the increase in the wholesale acquisition cost of the drug described in [that subsection.] paragraph (b) or (c), as applicable, of subsection 1 of NRS 439B.630; and

      (b) A statement signed by the person responsible for compiling the report under penalty of perjury affirming the accuracy of the information in the report.

      2.  The report submitted pursuant to paragraph (a) of subsection 1 must include, without limitation:

      [1.](a) A list of each factor that has contributed to the increase;

      [2.](b) The percentage of the total increase that is attributable to each factor;

      [3.](c) An explanation of the role of each factor in the increase; and

      [4.](d) Any other information prescribed by regulation by the Department.

 


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      Sec. 13. NRS 439B.645 is hereby amended to read as follows:

      439B.645  1.  [Except as otherwise provided in subsection 2, on] On or before April 1 of each year, a pharmacy benefit manager shall submit to the Department [a] :

      (a) A report which includes [:] the information prescribed by subsection 2; and

      (b) A statement signed under penalty of perjury affirming the accuracy of the information in the report.

      2. The report submitted pursuant to paragraph (a) of subsection 1 must include:

      (a) The current wholesale acquisition cost of each drug included on either or both of the most current lists compiled by the Department pursuant to paragraphs (a) and (c) of subsection 1 of NRS 439B.630 and the minimum and maximum wholesale acquisition cost of each such drug during the immediately preceding year;

      (b) The total number of units of each drug included on either or both of the most current lists compiled by the Department pursuant to paragraphs (a) and (c) of subsection 1 of NRS 439B.630 for which the pharmacy benefit manager negotiated directly with the manufacturer for purchases of the drug for use in in this State during the immediately preceding calendar year;

      (c) The number of units of each drug included on either or both of the most current lists compiled by the Department pursuant to paragraphs (a) and (c) of subsection 1 of NRS 439B.630 for which the pharmacy benefit manager negotiated directly with the manufacturer during the immediately preceding calendar year for purchases of the drug for use in this State by:

             (1) Recipients of Medicare;

             (2) Recipients of Medicaid;

             (3) Persons covered by third parties that are governmental entities which are not described in subparagraph (1) or (2);

             (4) Persons covered by commercial insurers; and

             (5) Persons covered by third parties other than those described in subparagraphs (1) to (4), inclusive;

      (d) The [total] aggregate amount of [all] the rebates [, discounts and other price concessions] that the pharmacy benefit manager negotiated with manufacturers during the immediately preceding calendar year for purchases of prescription drugs included on the [list] most current lists compiled by the Department pursuant to paragraphs (a) and (c) of subsection 1 of NRS 439B.630 [;] for use in this State, in total for each of those lists and for each drug [;

      (b)] included on such a list;

      (e) The [total] aggregate amount of [all] the rebates described in paragraph [(a)] (d) that were retained by the pharmacy benefit manager [; and

      (c)] , in total for each of the most current lists compiled by the Department pursuant to paragraphs (a) and (c) of subsection 1 of NRS 439B.630 and for each drug included on such a list;

      (f) The [total] aggregate amount of [all] the rebates described in paragraph [(a)] (d) that were negotiated for purchases of [such] prescription drugs for use by [:

             (1) Recipients of Medicare;

             (2) Recipients of Medicaid;

 


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             (3) Persons covered by third parties that are governmental entities which are not described in subparagraph (1) or (2);

             (4) Persons covered by third parties that are not governmental entities; and

             (5) Persons covered by a plan described in subsection 2 to the extent required by a contract entered into pursuant to subsection 3.

      2.  Except as otherwise provided in subsection 3, the requirements of this section do not apply to the coverage of prescription drugs under a plan that is subject to the Employee Retirement Income Security Act of 1974 or any information relating to such coverage.

      3.  A plan described in subsection 2 may, by contract, require a pharmacy benefit manager that manages the coverage of prescription drugs under the plan to comply with the requirements of this section.] persons in each category listed in paragraph (c), in total for each of the most current lists compiled by the Department pursuant to paragraphs (a) and (c) of subsection 1 of NRS 439B.630 and for each drug included on such a list;

      (g) The amount of discounts, dispensing fees or other fees that the pharmacy benefit manager negotiated with pharmacies, prescription drug networks or pharmacy services administrative organizations during the immediately preceding calendar year for purchases of prescription drugs included on the most current lists compiled by the Department pursuant to paragraphs (a) and (c) of subsection 1 of NRS 439B.630 for use in this State, in total for each list and for each drug included on such a list;

      (h) The amount of discounts, dispensing fees or other fees described in paragraph (g) which were negotiated for purchases of prescription drugs for use by persons in each category prescribed by paragraph (c), in total for each of the most current lists compiled by the Department pursuant to paragraphs (a) and (c) of subsection 1 of NRS 439B.630 and for each drug included on such a list; and

      (i) Any other information prescribed by regulation of the Department.

      Sec. 14. NRS 439B.650 is hereby amended to read as follows:

      439B.650  On or before June 1 of each year, the Department shall [analyze] :

      1.  Analyze the information submitted pursuant to NRS 439B.635, 439B.640 and 439B.645 and section 6 of this act and compile a report on the price of [the] prescription drugs . [that appear on the most current lists compiled by the Department pursuant to NRS 439B.630,] The report:

      (a) Must include, without limitation, a separate analysis of the information reported by manufacturers, pharmacy benefit managers and wholesalers, the reasons for any increases in [those] the prices of prescription drugs in this State and the effect of those prices on overall spending on prescription drugs , insurance premiums and cost-sharing in this State [. The report may] ; and

      (b) May include, without limitation, opportunities for persons and entities in this State to lower the cost of prescription drugs [for the treatment of asthma and diabetes] while maintaining access to such drugs.

      2.  Present the findings in the report at a public hearing.

      Sec. 15. NRS 439B.670 is hereby amended to read as follows:

      439B.670  1.  Except as otherwise provided in subsection 2 , [and subsection 3 of NRS 439B.660,] the Department shall:

      (a) Place or cause to be placed on the Internet website maintained by the Department:

 


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             (1) The information provided by each pharmacy pursuant to NRS 439B.655;

             (2) The information compiled by a nonprofit organization pursuant to NRS 439B.665 if such a report is submitted pursuant to paragraph (b) of subsection 1 of that section;

             (3) The lists of prescription drugs compiled by the Department pursuant to NRS 439B.630;

             (4) The wholesale acquisition cost of each prescription drug , as reported pursuant to NRS 439B.635 [;] and 439B.645 and section 6 of this act; and

             (5) The reports compiled by the Department pursuant to NRS 439B.650 and 439B.660.

      (b) Ensure that the information placed on the Internet website maintained by the Department pursuant to paragraph (a) is organized so that each individual pharmacy, manufacturer and nonprofit organization has its own separate entry on that website; and

      (c) Ensure that the usual and customary price that each pharmacy charges for each prescription drug that is on the list prepared pursuant to NRS 439B.625 and that is stocked by the pharmacy:

             (1) Is presented on the Internet website maintained by the Department in a manner which complies with the requirements of NRS 439B.675; and

             (2) Is updated not less frequently than once each calendar quarter.

Ê Nothing in this subsection prohibits the Department from determining the usual and customary price that a pharmacy charges for a prescription drug by extracting or otherwise obtaining such information from claims reported by pharmacies to the Medicaid program.

      2.  If a pharmacy is part of a larger company or corporation or a chain of pharmacies or retail stores, the Department may present the pricing information pertaining to such a pharmacy in such a manner that the pricing information is combined with the pricing information relative to other pharmacies that are part of the same company, corporation or chain, to the extent that the pricing information does not differ among those pharmacies.

      3.  The Department may establish additional or alternative procedures by which a consumer who is unable to access the Internet or is otherwise unable to receive the information described in subsection 1 in the manner in which it is presented by the Department may obtain that information:

      (a) In the form of paper records;

      (b) Through the use of a telephonic system; or

      (c) Using other methods or technologies designed specifically to assist consumers who are hearing impaired or visually impaired.

      4.  As used in this section, “usual and customary price” means the usual and customary charges that a pharmacy charges to the general public for a drug, as described in 42 C.F.R. § 447.512.

      Sec. 16. NRS 439B.685 is hereby amended to read as follows:

      439B.685  The Department shall adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 439B.600 to 439B.695, inclusive [.] , and sections 1.3 to 8, inclusive, of this act. Such regulations must provide for, without limitation:

      1.  Notice to consumers stating that:

      (a) Although the Department will strive to ensure that consumers receive accurate information regarding pharmacies, prescription drugs and nonprofit organizations including, without limitation, the information made available on the Department’s Internet website pursuant to NRS 439B.670, the Department is unable to guarantee the accuracy of such information;

 


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organizations including, without limitation, the information made available on the Department’s Internet website pursuant to NRS 439B.670, the Department is unable to guarantee the accuracy of such information;

      (b) If a consumer follows an Internet link from the Internet website maintained by the Department to an Internet website not maintained by the Department, the Department is unable to guarantee the accuracy of any information made available on that Internet website; and

      (c) The Department advises consumers to contact a pharmacy, manufacturer or nonprofit organization directly to verify the accuracy of any information regarding the pharmacy, a prescription drug manufactured by the manufacturer or the nonprofit organization, as applicable, which is made available to consumers pursuant to NRS 439B.600 to 439B.695, inclusive [;] , and sections 1.3 to 8, inclusive, of this act;

      2.  Procedures adopted to direct consumers who have questions regarding the program described in NRS 439B.600 to 439B.695, inclusive, and sections 1.3 to 8, inclusive, of this act to contact the Office for Consumer Health Assistance of the Department;

      3.  Provisions in accordance with which the Department will allow an Internet link to the information made available on the Department’s Internet website pursuant to NRS 439B.670 to be placed on other Internet websites managed or maintained by other persons and entities, including, without limitation, Internet websites managed or maintained by:

      (a) Other governmental entities, including, without limitation, the State Board of Pharmacy and the Office of the Governor; and

      (b) Nonprofit organizations and advocacy groups;

      4.  Procedures pursuant to which consumers, pharmacies, manufacturers and nonprofit organizations may report to the Department that information made available to consumers pursuant to NRS 439B.600 to 439B.695, inclusive, and sections 1.3 to 8, inclusive, of this act is inaccurate;

      5.  The form and manner in which pharmacies are to provide to the Department the information described in NRS 439B.655; [and]

      6.  The form and manner in which manufacturers are to provide to the Department the information described in NRS 439B.635, 439B.640 and 439B.660;

      7.  The form and manner in which pharmacy benefit managers are to provide to the Department the information described in NRS 439B.645;

      8.  The form and manner in which pharmaceutical sales representatives are to provide to the Department the information described in NRS 439B.660;

      9.  The form and manner in which nonprofit organizations are to provide to the Department the information described in NRS 439B.665, if required; [and]

      10.  The form and manner in which wholesalers are to provide the Department with the information described in section 6 of this act; and

      11.  Standards and criteria pursuant to which the Department may remove from its Internet website information regarding a pharmacy or an Internet link to the Internet website maintained by a pharmacy, or both, if the Department determines that the pharmacy has:

      (a) Ceased to be licensed and in good standing pursuant to chapter 639 of NRS; or

      (b) Engaged in a pattern of providing to consumers information that is false or would be misleading to reasonably informed persons.

 


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      Sec. 17. (Deleted by amendment.)

      Sec. 18. NRS 439B.695 is hereby amended to read as follows:

      439B.695  1.  If a pharmacy that is licensed under the provisions of chapter 639 of NRS and is located within the State of Nevada fails to provide to the Department the information required to be provided pursuant to NRS 439B.655 or fails to provide such information on a timely basis, and the failure was not caused by excusable neglect, technical problems or other extenuating circumstances, the Department may impose against the pharmacy an administrative penalty of not more than $500 for each day of such failure.

      2.  If a manufacturer fails to provide to the Department the information required by NRS 439B.635, 439B.640 or 439B.660, a pharmacy benefit manager fails to provide to the Department the information required by NRS 439B.645, a wholesaler fails to provide to the Department the information required by section 6 of this act or a nonprofit organization fails to post or provide to the Department, as applicable, the information required by NRS 439B.665 or a manufacturer, pharmacy benefit manager , wholesaler or nonprofit organization fails to post or provide, as applicable, such information on a timely basis, and the failure was not caused by excusable neglect, technical problems or other extenuating circumstances, the Department may impose against the manufacturer, pharmacy benefit manager , wholesaler or nonprofit organization, as applicable, an administrative penalty of not more than $5,000 for each day of such failure.

      3.  If a pharmaceutical sales representative fails to comply with the requirements of NRS 439B.660, the Department may impose against the pharmaceutical sales representative an administrative penalty of not more than $500 for each day of such failure.

      4.  Any money collected as administrative penalties pursuant to this section must be accounted for separately and used by the Department [to] :

      (a) For purposes relating to improvement of transparency concerning the costs of prescription drugs, including, without limitation, the administration of NRS 439B.600 to 439B.695, inclusive, and sections 1.3 to 8, inclusive, of this act; and

      (b) To establish and carry out programs to provide education concerning [asthma and diabetes and prevent those] chronic diseases.

      Sec. 19. NRS 600A.030 is hereby amended to read as follows:

      600A.030  As used in this chapter, unless the context otherwise requires:

      1.  “Improper means” includes, without limitation:

      (a) Theft;

      (b) Bribery;

      (c) Misrepresentation;

      (d) Willful breach or willful inducement of a breach of a duty to maintain secrecy;

      (e) Willful breach or willful inducement of a breach of a duty imposed by common law, statute, contract, license, protective order or other court or administrative order; and

      (f) Espionage through electronic or other means.

      2.  “Misappropriation” means:

      (a) Acquisition of the trade secret of another by a person by improper means;

 


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      (b) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

      (c) Disclosure or use of a trade secret of another without express or implied consent by a person who:

             (1) Used improper means to acquire knowledge of the trade secret;

             (2) At the time of disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was:

                   (I) Derived from or through a person who had used improper means to acquire it;

                   (II) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

                   (III) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

             (3) Before a material change of his or her position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.

      3.  “Owner” means the person who holds legal or equitable title to a trade secret.

      4.  “Person” means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

      5.  “Trade secret”:

      (a) Means information, including, without limitation, a formula, pattern, compilation, program, device, method, technique, product, system, process, design, prototype, procedure, computer programming instruction or code that:

             (1) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by the public or any other persons who can obtain commercial or economic value from its disclosure or use; and

             (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

      (b) Does not include any information that a manufacturer is required to report pursuant to NRS 439B.635 or 439B.640, information that a pharmaceutical sales representative is required to report pursuant to NRS 439B.660 , [or] information that a pharmacy benefit manager is required to report pursuant to NRS 439B.645 [,] or information that a wholesaler is required to report pursuant to section 6 of this act, to the extent that such information is required to be disclosed by those sections.

      Sec. 19.5. NRS 689A.405 is hereby amended to read as follows:

      689A.405  1.  An insurer that offers or issues a policy of health insurance which provides coverage for prescription drugs shall include with any summary, certificate or evidence of that coverage provided to an insured, notice of whether a formulary is used and, if so, of the opportunity to secure information regarding the formulary from the insurer pursuant to subsection 2. The notice required by this subsection must:

      (a) Be in a language that is easily understood and in a format that is easy to understand;

      (b) Include an explanation of what a formulary is; and

      (c) If a formulary is used, include:

 


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             (1) An explanation of:

                   (I) How often the contents of the formulary are reviewed; and

                   (II) The procedure and criteria for determining which prescription drugs are included in and excluded from the formulary; and

             (2) The telephone number of the insurer for making a request for information regarding the formulary pursuant to subsection 2.

      2.  If an insurer offers or issues a policy of health insurance which provides coverage for prescription drugs and a formulary is used, the insurer shall:

      (a) Provide to any insured or participating provider of health care, upon request:

             (1) Information regarding whether a specific drug is included in the formulary.

             (2) Access to the most current list of prescription drugs in the formulary, organized by major therapeutic category, with an indication of whether any listed drugs are preferred over other listed drugs. If more than one formulary is maintained, the insurer shall notify the requester that a choice of formulary lists is available.

      (b) Notify each person who requests information regarding the formulary, that the inclusion of a drug in the formulary does not guarantee that a provider of health care will prescribe that drug for a particular medical condition.

      (c) During each period for open enrollment, publish on an Internet website that is operated by the insurer and accessible to the public or include in any enrollment materials distributed by the insurer a notice of all prescription drugs that:

             (1) Are included on the most recent list of drugs that are essential for treating [asthma and] diabetes in this State compiled by the Department of Health and Human Services pursuant to paragraph (a) of subsection 1 of NRS 439B.630; and

             (2) Have been removed or will be removed from the formulary during the current plan year or the next plan year.

      (d) Update the notice required by paragraph (c) throughout the period for open enrollment.

      Sec. 20.  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.

________

 


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CHAPTER 548, SB 163

Senate Bill No. 163–Senator Spearman

 

Joint Sponsors: Assemblymen Frierson and Monroe-Moreno

 

CHAPTER 548

 

[Approved: June 10, 2021]

 

AN ACT relating to special license plates; providing for the issuance of special license plates to support the Divine Nine; imposing a fee for the issuance and renewal of such license plates; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill requires the Department of Motor Vehicles to design, prepare and issue special license plates that indicate support for the Divine Nine, which are the following historically Black collegiate fraternities and sororities: (1) Alpha Kappa Alpha Sorority, Inc.; (2) Alpha Phi Alpha Fraternity, Inc.; (3) Delta Sigma Theta Sorority, Inc.; (4) Iota Phi Theta Fraternity, Inc.; (5) Kappa Alpha Psi Fraternity, Inc.; (6) Omega Psi Phi Fraternity, Inc.; (7) Phi Beta Sigma Fraternity, Inc.; (8) Sigma Gamma Rho Sorority, Inc.; and (9) Zeta Phi Beta Sorority, Inc. Section 1 requires the fees collected for the special license plates that are in addition to all other applicable registration and license fees and governmental services taxes to be deposited with the State Treasurer, who must, on a quarterly basis, distribute: (1) 10 percent of the fees to the United Negro College Fund; and (2) the remaining 90 percent of the fees equally among certain chapters or organizations associated with the Divine Nine for the promotion of community awareness and action through educational, economic and cultural service activities within this State. Section 1 authorizes a person who wishes to obtain the special license plates to request that the plates be combined with personalized prestige plates if the person pays the fees for the personalized prestige plates in addition to the fees for the special license plates.

      Under existing law, certain special license plates: (1) must be approved by the Department, based on a recommendation from the Commission on Special License Plates; (2) are subject to a limitation on the number of separate designs which the Department may issue at any one time; and (3) may not be designed, prepared or issued by the Department unless a certain number of applications for the plates are received. (NRS 482.367004, 482.367008, 482.36705) Sections 6-8 of this bill exempt the special license plates that indicate support for the Divine Nine from each of the preceding requirements. Sections 2-5 and 9-12 of this bill make conforming changes by indicating the placement of section 1 within the Nevada Revised Statutes and by adding section 1 to certain lists of special license plates.

 

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

      1.  The Department, in cooperation with the Las Vegas Chapter of the National Pan-Hellenic Council, shall design, prepare and issue a license plate that indicates support for the Divine Nine, using any colors that the Department deems appropriate.

      2.  The Department shall issue license plates that indicate support for the Divine Nine for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter.

 


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application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate support for the Divine Nine if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate support for the Divine Nine pursuant to subsections 3 and 4.

      3.  The fee for license plates that indicate support for the Divine Nine is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the Department of $10.

      4.  In addition to all other applicable registration and license fees, governmental services taxes and the fee prescribed pursuant to subsection 3, a person who requests a set of license plates that indicate support for the Divine Nine must pay a fee of $25 for the issuance of the plates and a fee of $20 for each renewal of the plates, to be deposited in accordance with subsection 5.

      5.  Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute:

      (a) Ten percent of the fees deposited pursuant to this subsection to the United Negro College Fund, Inc., or its successor organization, for college scholarships for Nevada residents attending a college in this State; and

      (b) The remaining 90 percent of the fees deposited pursuant to this subsection to the following organizations in the following manner for the promotion of community awareness and action through educational, economic and cultural service activities within this State:

             (1) Ten percent distributed to the Alpha Kappa Alpha Educational Advancement Foundation, Inc.;

             (2) Ten percent equally distributed among the Alpha Phi Alpha Fraternity chapters in this State;

             (3) Ten percent distributed to the Delta Research and Educational Foundation, Inc.;

             (4) Ten percent distributed to the National Iota Foundation, Inc.;

             (5) Ten percent distributed to the Western Province of Kappa Alpha Psi Fraternity, Inc.;

             (6) Ten percent equally distributed among the Omega Psi Phi Fraternity chapters in this State;

             (7) Ten percent distributed to the Western Region of Phi Beta Sigma Fraternity, Inc.;

             (8) Ten percent distributed to the Sigma Gamma Rho Sorority National Education Fund, Inc.; and

             (9) Ten percent equally distributed among the Zeta Phi Beta Sorority chapters in this State.

      6.  If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

 


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      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      7.  The Department may accept any gifts, grants and donations or other sources of money for the production and issuance of license plates pursuant to this section. All money received pursuant to this subsection must be deposited in the Revolving Account for the Issuance of Special License Plates created by NRS 482.1805.

      8.  As used in this section, “Divine Nine” means the following nine member organizations that compose the National Pan-Hellenic Council:

      (a) Alpha Kappa Alpha Sorority, Inc.;

      (b) Alpha Phi Alpha Fraternity, Inc.;

      (c) Delta Sigma Theta Sorority, Inc.;

      (d) Iota Phi Theta Fraternity, Inc.;

      (e) Kappa Alpha Psi Fraternity, Inc.;

      (f) Omega Psi Phi Fraternity, Inc.;

      (g) Phi Beta Sigma Fraternity, Inc.;

      (h) Sigma Gamma Rho Sorority, Inc.; and

      (i) Zeta Phi Beta Sorority, Inc.

      Sec. 2. NRS 482.2065 is hereby amended to read as follows:

      482.2065  1.  A trailer may be registered for a 3-year period as provided in this section.

      2.  A person who registers a trailer for a 3-year period must pay upon registration all fees and taxes that would be due during the 3-year period if he or she registered the trailer for 1 year and renewed that registration for 2 consecutive years immediately thereafter, including, without limitation:

      (a) Registration fees pursuant to NRS 482.480 and 482.483.

      (b) A fee for each license plate issued pursuant to NRS 482.268.

      (c) Fees for the initial issuance, reissuance and renewal of a special license plate pursuant to NRS 482.265, if applicable.

      (d) Fees for the initial issuance and renewal of a personalized prestige license plate pursuant to NRS 482.367, if applicable.

      (e) Additional fees for the initial issuance and renewal of a special license plate issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1 of this act which are imposed to generate financial support for a particular cause or charitable organization, if applicable.

      (f) Governmental services taxes imposed pursuant to chapter 371 of NRS, as provided in NRS 482.260.

      (g) The applicable taxes imposed pursuant to chapters 372, 374, 377 and 377A of NRS.

      3.  A license plate issued pursuant to this section will be reissued as provided in NRS 482.265 except that such reissuance will be done at the first renewal after the license plate has been issued for not less than 8 years.

      4.  As used in this section, the term “trailer” does not include a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483.

      Sec. 3. NRS 482.216 is hereby amended to read as follows:

      482.216  1.  Except as otherwise provided in NRS 482.2155, upon the request of a new vehicle dealer, the Department may authorize the new vehicle dealer to:

      (a) Accept applications for the registration of the new motor vehicles he or she sells and the related fees and taxes;

 


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      (b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and

      (c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.

      2.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:

      (a) Transmit the applications received to the Department within the period prescribed by the Department;

      (b) Transmit the fees collected from the applicants and properly account for them within the period prescribed by the Department;

      (c) Comply with the regulations adopted pursuant to subsection 5; and

      (d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.

      3.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:

      (a) Charge any additional fee for the performance of those services;

      (b) Receive compensation from the Department for the performance of those services;

      (c) Accept applications for the renewal of registration of a motor vehicle; or

      (d) Accept an application for the registration of a motor vehicle if the applicant wishes to:

             (1) Obtain special license plates pursuant to NRS 482.3667 to 482.3823, inclusive [;] , and section 1 of this act; or

             (2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.

      4.  The provisions of this section do not apply to the registration of a moped pursuant to NRS 482.2155.

      5.  The Director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:

      (a) The expedient and secure issuance of license plates and decals by the Department; and

      (b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the Department.

      Sec. 4. NRS 482.2703 is hereby amended to read as follows:

      482.2703  1.  The Director may order the preparation of sample license plates which must be of the same design and size as regular license plates or license plates issued pursuant to NRS 482.384. The Director shall ensure that:

      (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and an identical designation which consists of the same group of three numerals followed by the same group of three letters; and

      (b) The designation of numerals and letters assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

      2.  The Director may order the preparation of sample license plates which must be of the same design and size as any of the special license plates issued pursuant to NRS 482.3667 to 482.3823, inclusive [.]

 


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license plates issued pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act. The Director shall ensure that:

      (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and the number zero in the location where any other numerals would normally be displayed on a license plate of that design; and

      (b) The number assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

      3.  The Director may establish a fee for the issuance of sample license plates of not more than $15 for each license plate.

      4.  A decal issued pursuant to NRS 482.271 may be displayed on a sample license plate issued pursuant to this section.

      5.  All money collected from the issuance of sample license plates must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

      6.  A person shall not affix a sample license plate issued pursuant to this section to a vehicle. A person who violates the provisions of this subsection is guilty of a misdemeanor.

      Sec. 5. NRS 482.274 is hereby amended to read as follows:

      482.274  1.  The Director shall order the preparation of vehicle license plates for trailers in the same manner provided for motor vehicles in NRS 482.270, except that a vehicle license plate prepared for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 is not required to have displayed upon it the month and year the registration expires.

      2.  The Director shall order preparation of two sizes of vehicle license plates for trailers. The smaller plates may be used for trailers with a gross vehicle weight of less than 1,000 pounds.

      3.  The Director shall determine the registration numbers assigned to trailers.

      4.  Any license plates issued for a trailer before July 1, 1975, bearing a different designation from that provided for in this section, are valid during the period for which such plates were issued.

      5.  Any license plates issued for a trailer before January 1, 1982, are not subject to reissue pursuant to subsection 2 of NRS 482.265.

      6.  The Department shall not issue for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 a special license plate available pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act.

      Sec. 6. NRS 482.367004 is hereby amended to read as follows:

      482.367004  1.  There is hereby created the Commission on Special License Plates. The Commission is advisory to the Department and consists of five Legislators and three nonvoting members as follows:

      (a) Five Legislators appointed by the Legislative Commission:

             (1) One of whom is the Legislator who served as the Chair of the Assembly Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Assembly Standing Committee on Transportation during the most recent legislative session.

             (2) One of whom is the Legislator who served as the Chair of the Senate Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent.

 


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place of the Legislator when absent. The alternate must be another Legislator who also served on the Senate Standing Committee on Transportation during the most recent legislative session.

      (b) Three nonvoting members consisting of:

             (1) The Director of the Department of Motor Vehicles, or a designee of the Director.

             (2) The Director of the Department of Public Safety, or a designee of the Director.

             (3) The Director of the Department of Tourism and Cultural Affairs, or a designee of the Director.

      2.  Each member of the Commission appointed pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing on July 1 of each odd-numbered year. A vacancy on the Commission must be filled in the same manner as the original appointment.

      3.  Members of the Commission serve without salary or compensation for their travel or per diem expenses.

      4.  The Director of the Legislative Counsel Bureau shall provide administrative support to the Commission.

      5.  The Commission shall recommend to the Department that the Department approve or disapprove:

      (a) Applications for the design, preparation and issuance of special license plates that are submitted to the Department pursuant to subsection 1 of NRS 482.367002;

      (b) The issuance by the Department of special license plates that have been designed and prepared pursuant to NRS 482.367002; and

      (c) Except as otherwise provided in subsection 7, applications for the design, preparation and issuance of special license plates that have been authorized by an act of the Legislature after January 1, 2007.

Ê In determining whether to recommend to the Department the approval of such an application or issuance, the Commission shall consider, without limitation, whether it would be appropriate and feasible for the Department to, as applicable, design, prepare or issue the particular special license plate. For the purpose of making recommendations to the Department, the Commission shall consider each application in the chronological order in which the application was received by the Department.

      6.  On or before September 1 of each fiscal year, the Commission shall compile a list of each special license plate for which the Commission, during the immediately preceding fiscal year, recommended to the Department that the Department approve the application for the special license plate or approve the issuance of the special license plate. The list so compiled must set forth, for each such plate, the cause or charitable organization for which the special license plate generates or would generate financial support, and the intended use to which the financial support is being put or would be put. The Commission shall transmit the information described in this subsection to the Department and the Department shall make that information available on its Internet website.

      7.  The provisions of paragraph (c) of subsection 5 do not apply with regard to special license plates that are issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787, 482.37901, 482.37902, 482.37906, 482.3791, 482.3794 or 482.3817 [.] or section 1 of this act.

      8.  The Commission shall:

 


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      (a) Recommend to the Department that the Department approve or disapprove any proposed change in the distribution of money received in the form of additional fees, including, without limitation, pursuant to subparagraph (3) of paragraph (b) of subsection 5 of NRS 482.38279. As used in this paragraph, “additional fees” means the fees that are charged in connection with the issuance or renewal of a special license plate for the benefit of a particular cause, fund or charitable organization. The term does not include registration and license fees or governmental services taxes.

      (b) If it recommends a proposed change pursuant to paragraph (a) and determines that legislation is required to carry out the change, recommend to the Department that the Department request the assistance of the Legislative Counsel in the preparation of a bill draft to carry out the change.

      Sec. 7. NRS 482.367008 is hereby amended to read as follows:

      482.367008  1.  As used in this section, “special license plate” means:

      (a) A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;

      (b) A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938, 482.37939, 482.37945 or 482.37947; and

      (c) Except for a license plate that is issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787, 482.37901, 482.37902, 482.37906, 482.3791, 482.3794 or 482.3817 [,] or section 1 of this act, a license plate that is approved by the Legislature after July 1, 2005.

      2.  Notwithstanding any other provision of law to the contrary, and except as otherwise provided in subsection 3, the Department shall not, at any one time, issue more than 30 separate designs of special license plates. Whenever the total number of separate designs of special license plates issued by the Department at any one time is less than 30, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been recommended by the Commission on Special License Plates to be approved by the Department pursuant to subsection 5 of NRS 482.367004, not to exceed a total of 30 designs issued by the Department at any one time. Such additional designs must be issued by the Department in accordance with the chronological order of their authorization or approval by the Department.

      3.  In addition to the special license plates described in subsection 2, the Department may issue not more than five separate designs of special license plates in excess of the limit set forth in that subsection. To qualify for issuance pursuant to this subsection:

      (a) The Commission on Special License Plates must have recommended to the Department that the Department approve the design, preparation and issuance of the special plates as described in paragraphs (a) and (b) of subsection 5 of NRS 482.367004; and

      (b) The special license plates must have been applied for, designed, prepared and issued pursuant to NRS 482.367002, except that:

             (1) The application for the special license plates must be accompanied by a surety bond posted with the Department in the amount of $20,000; and

 


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             (2) Pursuant to the assessment of the viability of the design of the special license plates that is conducted pursuant to this section, it is determined that at least 3,000 special license plates have been issued.

      4.  Except as otherwise provided in this subsection, on October 1 of each year the Department shall assess the viability of each separate design of special license plate that the Department is currently issuing by determining the total number of validly registered motor vehicles to which that design of special license plate is affixed. The Department shall not determine the total number of validly registered motor vehicles to which a particular design of special license plate is affixed if:

      (a) The particular design of special license plate was designed and prepared by the Department pursuant to NRS 482.367002; and

      (b) On October 1, that particular design of special license plate has been available to be issued for less than 12 months.

      5.  If, on October 1, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

      (a) In the case of special license plates not described in subsection 3, less than 1,000; or

      (b) In the case of special license plates described in subsection 3, less than 3,000,

Ê the Director shall provide notice of that fact in the manner described in subsection 6.

      6.  The notice required pursuant to subsection 5 must be provided:

      (a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.

      (b) If the special license plate does not generate financial support for a cause or charitable organization, to an entity which is involved in promoting the activity, place or other matter that is depicted on the plate.

      7.  If, on December 31 of the same year in which notice was provided pursuant to subsections 5 and 6, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

      (a) In the case of special license plates not described in subsection 3, less than 1,000; or

      (b) In the case of special license plates described in subsection 3, less than 3,000,

Ê the Director shall, notwithstanding any other provision of law to the contrary, issue an order providing that the Department will no longer issue that particular design of special license plate. Except as otherwise provided in subsection 2 of NRS 482.265, such an order does not require existing holders of that particular design of special license plate to surrender their plates to the Department and does not prohibit those holders from renewing those plates.

      Sec. 8. NRS 482.36705 is hereby amended to read as follows:

      482.36705  1.  Except as otherwise provided in subsection 2:

      (a) If a new special license plate is authorized by an act of the Legislature after January 1, 2003, other than a special license plate that is authorized pursuant to NRS 482.379375, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Department receives at least 1,000 applications for the issuance of that plate within 2 years after the effective date of the act of the Legislature that authorized the plate.

 


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      (b) In addition to the requirements set forth in paragraph (a), if a new special license plate is authorized by an act of the Legislature after July 1, 2005, the Legislature will direct that the license plate not be issued by the Department unless its issuance complies with subsection 2 of NRS 482.367008.

      (c) In addition to the requirements set forth in paragraphs (a) and (b), if a new special license plate is authorized by an act of the Legislature after January 1, 2007, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Commission on Special License Plates recommends to the Department that the Department approve the application for the authorized plate pursuant to NRS 482.367004.

      2.  The provisions of subsection 1 do not apply with regard to special license plates that are issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787, 482.37901, 482.37902, 482.37906, 482.3791, 482.3794 or 482.3817 [.] or section 1 of this act.

      Sec. 9. NRS 482.3824 is hereby amended to read as follows:

      482.3824  1.  Except as otherwise provided in NRS 482.38279, with respect to any special license plate that is issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1 of this act and for which additional fees are imposed for the issuance of the special license plate to generate financial support for a charitable organization:

      (a) The Director shall, at the request of the charitable organization that is benefited by the particular special license plate:

             (1) Order the design and preparation of souvenir license plates, the design of which must be substantially similar to the particular special license plate; and

             (2) Issue such souvenir license plates, for a fee established pursuant to NRS 482.3825, only to the charitable organization that is benefited by the particular special license plate. The charitable organization may resell such souvenir license plates at a price determined by the charitable organization.

      (b) The Department may, except as otherwise provided in this paragraph and after the particular special license plate is approved for issuance, issue the special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, excluding vehicles required to be registered with the Department pursuant to NRS 706.801 to 706.861, inclusive, full trailers or semitrailers registered pursuant to subsection 3 of NRS 482.483 and mopeds registered pursuant to NRS 482.2155, upon application by a person who is entitled to license plates pursuant to NRS 482.265 or 482.272 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter or chapter 486 of NRS. The Department may not issue a special license plate for such other types of vehicles if the Department determines that the design or manufacture of the plate for those other types of vehicles would not be feasible. In addition, if the Department incurs additional costs to manufacture a special license plate for such other types of vehicles, including, without limitation, costs associated with the purchase, manufacture or modification of dies or other equipment necessary to manufacture the special license plate for such other types of vehicles, those additional costs must be paid from private sources without any expense to the State of Nevada.

      2.  If, as authorized pursuant to paragraph (b) of subsection 1, the Department issues a special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, the Department shall charge and collect for the issuance and renewal of such a plate the same fees that the Department would charge and collect if the other type of vehicle was a passenger car or light commercial vehicle.

 


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ê2021 Statutes of Nevada, Page 3742 (CHAPTER 548, SB 163)ê

 

type of vehicle that is not a passenger car or light commercial vehicle, the Department shall charge and collect for the issuance and renewal of such a plate the same fees that the Department would charge and collect if the other type of vehicle was a passenger car or light commercial vehicle. As used in this subsection, “fees” does not include any applicable registration or license fees or governmental services taxes.

      3.  As used in this section:

      (a) “Additional fees” has the meaning ascribed to it in NRS 482.38273.

      (b) “Charitable organization” means a particular cause, charity or other entity that receives money from the imposition of additional fees in connection with the issuance of a special license plate pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act. The term includes:

             (1) The successor, if any, of a charitable organization; and

             (2) A charitable organization to which additional fees for special license plates are distributed pursuant to subparagraph (3) of paragraph (b) of subsection 5 of NRS 482.38279.

      Sec. 10. NRS 482.38276 is hereby amended to read as follows:

      482.38276  “Special license plate” means:

      1.  A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;

      2.  A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37904, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938, 482.37939, 482.37945 or 482.37947; and

      3.  Except for a license plate that is issued pursuant to NRS 482.3746, 482.3757, 482.3785, 482.3787, 482.37901, 482.37902, 482.37906, 482.3791 or 482.3794 [,] or section 1 of this act, a license plate that is approved by the Legislature after July 1, 2005.

      Sec. 11. NRS 482.399 is hereby amended to read as follows:

      482.399  1.  Upon the transfer of the ownership of or interest in any vehicle by any holder of a valid registration, or upon destruction of the vehicle, the registration expires.

      2.  Except as otherwise provided in NRS 482.2155 and subsection 3 of NRS 482.483, the holder of the original registration may transfer the registration to another vehicle to be registered by the holder and use the same regular license plate or plates or special license plate or plates issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1 of this act, or 482.384, on the vehicle from which the registration is being transferred, if the license plate or plates are appropriate for the second vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and governmental services tax on the vehicle to which the registration is transferred over the total registration fee and governmental services tax paid on all vehicles from which he or she is transferring ownership or interest. Except as otherwise provided in NRS 482.294, an application for transfer of registration must be made in person, if practicable, to any office or agent of the Department or to a registered dealer, and the license plate or plates may not be used upon a second vehicle until registration of that vehicle is complete.

 


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ê2021 Statutes of Nevada, Page 3743 (CHAPTER 548, SB 163)ê

 

      3.  In computing the governmental services tax, the Department, its agent or the registered dealer shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle or on any other vehicle of which the person is the registered owner. If any person transfers ownership or interest in two or more vehicles, the Department or the registered dealer shall credit the portion of the tax paid on all of the vehicles attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner. The certificates of registration and unused license plates of the vehicles from which a person transfers ownership or interest must be submitted before credit is given against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner.

      4.  In computing the registration fee, the Department or its agent or the registered dealer shall credit the portion of the registration fee paid on each vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the vehicle to which registration is transferred.

      5.  If the amount owed on the registration fee or governmental services tax on the vehicle to which registration is transferred is less than the credit on the total registration fee or governmental services tax paid on all vehicles from which a person transfers ownership or interest, the person may apply the unused portion of the credit to the registration of any other vehicle owned by the person. Any unused portion of such a credit expires on the date the registration of the vehicle from which the person transferred the registration was due to expire.

      6.  If the license plate or plates are not appropriate for the second vehicle, the plate or plates must be surrendered to the Department or registered dealer and an appropriate plate or plates must be issued by the Department. The Department shall not reissue the surrendered plate or plates until the next succeeding licensing period.

      7.  If application for transfer of registration is not made within 60 days after the destruction or transfer of ownership of or interest in any vehicle, the license plate or plates must be surrendered to the Department on or before the 60th day for cancellation of the registration.

      8.  Except as otherwise provided in subsection 2 of NRS 371.040, NRS 482.2155, subsections 7 and 8 of NRS 482.260 and subsection 3 of NRS 482.483, if a person cancels his or her registration and surrenders to the Department the license plates for a vehicle, the Department shall:

      (a) In accordance with the provisions of subsection 9, issue to the person a refund of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis; or

      (b) If the person does not qualify for a refund in accordance with the provisions of subsection 9, issue to the person a credit in the amount of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis. Such a credit may be applied by the person to the registration of any other vehicle owned by the person. Any unused portion of the credit expires on the date the registration of the vehicle from which the person obtained a refund was due to expire.

 


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ê2021 Statutes of Nevada, Page 3744 (CHAPTER 548, SB 163)ê

 

unused portion of the credit expires on the date the registration of the vehicle from which the person obtained a refund was due to expire.

      9.  The Department shall issue a refund pursuant to subsection 8 only if the request for a refund is made at the time the registration is cancelled and the license plates are surrendered, the person requesting the refund is a resident of Nevada, the amount eligible for refund exceeds $100, and evidence satisfactory to the Department is submitted that reasonably proves the existence of extenuating circumstances. For the purposes of this subsection, the term “extenuating circumstances” means circumstances wherein:

      (a) The person has recently relinquished his or her driver’s license and has sold or otherwise disposed of his or her vehicle.

      (b) The vehicle has been determined to be inoperable and the person does not transfer the registration to a different vehicle.

      (c) The owner of the vehicle is seriously ill or has died and the guardians or survivors have sold or otherwise disposed of the vehicle.

      (d) Any other event occurs which the Department, by regulation, has defined to constitute an “extenuating circumstance” for the purposes of this subsection.

      Sec. 12. NRS 482.500 is hereby amended to read as follows:

      482.500  1.  Except as otherwise provided in subsection 2 or 3 or specifically provided by statute, whenever upon application any duplicate or substitute certificate of registration, indicator, decal or number plate is issued, the following fees must be paid:

 

For a certificate of registration.................................................................................................................................. $5.00

For every substitute number plate or set of plates................................................................................................... 5.00

For every duplicate number plate or set of plates.................................................................................................. 10.00

For every decal displaying a county name.................................................................................................................. .50

For every other indicator, decal, license plate sticker or tab.................................................................................. 5.00

 

      2.  The following fees must be paid for any replacement number plate or set of plates issued for the following special license plates:

      (a) For any special plate issued pursuant to NRS 482.3667, 482.367002, 482.3672, 482.3675, 482.370 to 482.3755, inclusive, 482.376 or 482.379 to 482.3818, inclusive, and section 1 of this act, a fee of $10.

      (b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

      (c) Except as otherwise provided in paragraph (a) of subsection 1 of NRS 482.3824, for any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the Director for the issuance of those plates.

      3.  A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.

      4.  The fees which are paid for replacement number plates, duplicate number plates and decals displaying county names must be deposited with the State Treasurer for credit to the Motor Vehicle Fund and allocated to the Department to defray the costs of replacing or duplicating the plates and manufacturing the decals.

________

 


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ê2021 Statutes of Nevada, Page 3745ê

 

CHAPTER 549, SB 186

Senate Bill No. 186–Committee on Commerce and Labor

 

CHAPTER 549

 

[Approved: June 10, 2021]

 

AN ACT relating to property; requiring certain unit-owners’ associations of common-interest communities to establish and maintain an Internet website or electronic portal through which a unit’s owner may access certain information and pay assessments electronically; revising requirements concerning the provision of notice by an association; prohibiting certain persons from purchasing a unit in a common-interest community at a foreclosure sale; requiring a collection agency to file certain annual reports regarding debts collected for an association; prohibiting a collection agency from collecting certain debts owed to certain persons related to or affiliated with an owner of the collection agency; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes provisions relating to the management of common-interest communities. (NRS 116.3101-116.350) Section 1 of this bill requires a unit-owners’ association of a common-interest community that contains 150 or more units to establish and maintain a secure Internet website or electronic portal that is accessible to any unit’s owner. Section 1 also requires such an association to make available on the website or within the electronic portal any documents relating to the common-interest community or the association. Section 5 of this bill makes such requirements effective on January 1, 2022. Section 4 of this bill additionally requires any such website or electronic portal to provide units’ owners with the ability to pay assessments electronically. Section 5 makes such an additional requirement effective on January 1, 2023. Section 1.5 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes.

      Existing law requires, in general, a unit-owners’ association to deliver any notice required to be given by the association to any mailing or electronic mail address designated by a unit’s owner or, if a unit’s owner has not designated a mailing or electronic mail address, to deliver any such notice by certain authorized means. (NRS 116.31068) Section 1.7 of this bill instead requires, in general, an association to deliver any such notice and any communication from or other information provided by the association to the mailing and electronic mail addresses designated by a unit’s owner unless the unit’s owner has opted out of receiving electronic communications or has not designated an electronic mail address.

      Existing law provides that a unit-owners’ association has a lien on a unit in a common-interest community for certain assessments and charges imposed on units’ owners from the time the assessment or charge becomes due and establishes the process for the foreclosure of such liens, including the sale of the unit. (NRS 116.310312, 116.3116-116.31168) Existing law prohibits, in general, the person conducting the foreclosure sale of a unit or any entity in which that person holds an interest from purchasing the unit, but authorizes the association to purchase the unit unless otherwise provided in the declaration or by agreement. (NRS 116.31164) Section 1.9 of this bill removes the ability of the association to purchase the unit. Section 1.9 also prohibits certain other persons from purchasing the unit, including any person who: (1) was involved in the process of foreclosing the association’s lien; or (2) is related by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity to any person who was involved in the process of foreclosing the association’s lien.

 


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ê2021 Statutes of Nevada, Page 3746 (CHAPTER 549, SB 186)ê

 

      With one exception, a person is prohibited from conducting a collection agency or engaging in certain related activities in this State unless the person has been issued a license by the Commissioner of Financial Institutions. (NRS 649.075) Section 2 of this bill requires each licensed collection agency to file with the Commissioner an annual written report which includes certain information relating to cases in which the collection agency collected debts for a unit-owners’ association during the immediately preceding year.

      Existing law prohibits a collection agency and its managers, agents and employees from engaging in certain practices. (NRS 649.375) Section 3 of this bill prohibits a collection agency and its managers, agents and employees from collecting a debt from a person who owes fees to a unit-owners’ association, an operator of a tow car or a property manager for an apartment building if the collection agency is owned by a person who is or is related to a person who holds an ownership interest in the community manager for the unit-owners’ association, the operator of the tow car or the property manager for the apartment building, or is or is related to an affiliate of the community manager, the operator of the tow car or the property manager.

 

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

      1.  Each association of a common-interest community that contains 150 or more units shall establish and maintain a secure Internet website or electronic portal that may be accessed by any unit’s owner. The association shall make available on the website or within the electronic portal any documents relating to the common-interest community or the association, including, without limitation:

      (a) The governing documents;

      (b) The most recent copy of the declaration of covenants, conditions and restrictions;

      (c) The annual budget of the association and any proposed budgets;

      (d) The notices and agendas for any upcoming meetings of the association; and

      (e) Any other documents required to be posted by law or regulation.

      2.  Each association of a common-interest community that contains fewer than 150 units may, and is encouraged to, establish and maintain a secure Internet website or electronic portal pursuant to subsection 1.

      Sec. 1.5. NRS 116.1203 is hereby amended to read as follows:

      116.1203  1.  Except as otherwise provided in subsections 2 and 3, if a planned community contains no more than 12 units and is not subject to any developmental rights, it is subject only to NRS 116.1106 and 116.1107 unless the declaration provides that this entire chapter is applicable.

      2.  The provisions of NRS 116.12065 and the definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent that the definitions are necessary to construe any of those provisions, apply to a residential planned community containing more than 6 units.

      3.  Except for NRS 116.3104, 116.31043, 116.31046 and 116.31138, the provisions of NRS 116.3101 to 116.350, inclusive, and section 1 of this act and the definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent that such definitions are necessary in construing any of those provisions, apply to a residential planned community containing more than 6 units.

 


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ê2021 Statutes of Nevada, Page 3747 (CHAPTER 549, SB 186)ê

 

and the definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent that such definitions are necessary in construing any of those provisions, apply to a residential planned community containing more than 6 units.

      Sec. 1.7. NRS 116.31068 is hereby amended to read as follows:

      116.31068  1.  Except as otherwise provided in subsection 3 [,] and unless a unit’s owner opts out of receiving electronic communications or has not designated an electronic mail address, an association shall deliver any notice required to be given by the association under this chapter and any communication from or other information provided by the association to [any] the mailing [or] and electronic mail [address] addresses a unit’s owner designates. Except as otherwise provided in subsection 3, if a unit’s owner has opted out of receiving electronic communications or has not designated [a mailing or] an electronic mail address to which a notice [must] , communication or other information can be delivered, the association may deliver notices , communications and other information by:

      (a) Hand delivery to each unit’s owner;

      (b) Hand delivery, United States mail, postage paid, or commercially reasonable delivery service to the mailing address of each unit; or

      (c) [Electronic means, if the unit’s owner has given the association an electronic mail address; or

      (d)] Any other method reasonably calculated to provide notice to the unit’s owner.

      2.  The ineffectiveness of a good faith effort to deliver notice by an authorized means does not invalidate action taken at or without a meeting.

      3.  The provisions of this section do not apply:

      (a) To a notice required to be given pursuant to NRS 116.3116 to 116.31168, inclusive; or

      (b) If any other provision of this chapter specifies the manner in which a notice , communication or other information must be given by an association.

      Sec. 1.9. NRS 116.31164 is hereby amended to read as follows:

      116.31164  1.  The sale must be conducted in accordance with the provisions of this section.

      2.  If the holder of the security interest described in paragraph (b) of subsection 2 of NRS 116.3116 satisfies the amount of the association’s lien that is prior to its security interest not later than 5 days before the date of sale, the sale may not occur unless a record of such satisfaction is recorded in the office of the county recorder of the county in which the unit is located not later than 2 days before the date of sale.

      3.  The sale must be made between the hours of 9 a.m. and 5 p.m. and:

      (a) If the unit is located in a county whose population is less than 100,000, at the courthouse in the county in which the unit is located.

      (b) If the unit is located in a county whose population is 100,000 or more, at the public location in the county designated by the governing body of the county to conduct a sale of real property pursuant to NRS 107.080.

      4.  The sale may be conducted by the association, its agent or attorney, or a title insurance company or escrow agent licensed to do business in this State.

 


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ê2021 Statutes of Nevada, Page 3748 (CHAPTER 549, SB 186)ê

 

      5.  The association or other person conducting the sale may from time to time postpone the sale by such advertisement and notice as it considers reasonable or, without further advertisement or notice, by proclamation made to the persons assembled at the time and place previously set and advertised for the sale, except that:

      (a) If the sale is postponed by oral proclamation, the sale must be postponed to a later date at the same time and location; and

      (b) If such a date has been postponed by oral proclamation three times, any new sale information must be provided by notice as provided in NRS 116.311635.

      6.  On the day of sale, at the time and place specified in the notice, the person conducting the sale:

      (a) Shall state to the persons assembled for the sale whether or not the holder of the security interest described in paragraph (b) of subsection 2 of NRS 116.3116 has satisfied the amount of the association’s lien that is prior to that first security interest pursuant to subsection 3 of NRS 116.3116.

      (b) [May] Except as otherwise provided in subsection 7, may sell the unit at public auction to the highest cash bidder. [Except as otherwise provided in this subsection, the]

      7.  The following persons may not purchase the unit:

      (a) Any person who was involved in the process of foreclosing the association’s lien pursuant to NRS 116.3116 to 116.31168, inclusive, including, without limitation:

             (1) Any person who exercised discretion in any decision relating to the foreclosure of the lien and any person employed by such a person;

             (2) A collection agency used by the association to collect an obligation relating to the unit;

             (3) A community manager of the association and any of his or her assistants;

             (4) A member of the executive board of the association; or

             (5) An attorney who provided representation to any of the parties with regard to the foreclosure of the lien;

      (b) Any person who is related by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity to a person set forth in paragraph (a); or

      (c) The person conducting the sale or any entity in which that person holds an interest . [may not become a purchaser at the sale. Unless otherwise provided in the declaration or by agreement, the association may purchase the unit and hold, lease, mortgage or convey it. The association may purchase by a credit bid up to the amount of the unpaid assessments and any permitted costs, fees and expenses incident to the enforcement of its lien.

      7.]8.  After the sale, the person conducting the sale shall:

      (a) Comply with the provisions of subsection 2 of NRS 116.31166; and

      (b) Apply the proceeds of the sale for the following purposes in the following order:

             (1) The reasonable expenses of sale;

            (2) The reasonable expenses of securing possession before sale, holding, maintaining, and preparing the unit for sale, including payment of taxes and other governmental charges, premiums on hazard and liability insurance, and, to the extent provided for by the declaration, reasonable attorney’s fees and other legal expenses incurred by the association;

             (3) Satisfaction of the association’s lien;

 


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ê2021 Statutes of Nevada, Page 3749 (CHAPTER 549, SB 186)ê

 

             (4) Satisfaction in the order of priority of any subordinate claim of record; and

             (5) Remittance of any excess to the unit’s owner.

      Sec. 2. Chapter 649 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each licensed collection agency shall file with the Commissioner a written report not later than January 31 of each year, unless the Commissioner determines that there is good cause for later filing of the report. The report must include:

      (a) The number of cases in which the collection agency collected a debt for a unit-owners’ association during the immediately preceding year;

      (b) The name of each unit-owners’ association for which the collection agency collected a debt during the immediately preceding year and the amount of money collected for each such unit-owners’ association;

      (c) The total amount of money collected by the collection agency for unit-owners’ associations during the immediately preceding year;

      (d) The zip code of each debtor from whom the collection agency collected a debt for a unit-owners’ association during the immediately preceding year; and

      (e) A statement, signed by the manager of the collection agency, affirming that the collection agency did not collect a debt against any person during the immediately preceding year in violation of the provisions of subsection 9 of NRS 649.375.

      2.  As used in this section, “unit-owners’ association” has the meaning ascribed to it in NRS 116.011 or 116B.030.

      Sec. 3. NRS 649.375 is hereby amended to read as follows:

      649.375  1.  A collection agency, or its manager, agents or employees, shall not:

      [1.](a) Use any device, subterfuge, pretense or deceptive means or representations to collect any debt, nor use any collection letter, demand or notice which simulates a legal process or purports to be from any local, city, county, state or government authority or attorney.

      [2.](b) Collect or attempt to collect any interest, charge, fee or expense incidental to the principal obligation unless:

      [(a)](1) Any such interest, charge, fee or expense as authorized by law or as agreed to by the parties has been added to the principal of the debt by the creditor before receipt of the item of collection;

      [(b)](2) Any such interest, charge, fee or expense as authorized by law or as agreed to by the parties has been added to the principal of the debt by the collection agency and described as such in the first written communication with the debtor; or

      [(c)](3) The interest, charge, fee or expense has been judicially determined as proper and legally due from and chargeable against the debtor.

      [3.](c) Assign or transfer any claim or account upon termination or abandonment of its collection business unless prior written consent by the customer is given for the assignment or transfer. The written consent must contain an agreement with the customer as to all terms and conditions of the assignment or transfer, including the name and address of the intended assignee. Prior written consent of the Commissioner must also be obtained for any bulk assignment or transfer of claims or accounts, and any assignment or transfer may be regulated and made subject to such limitations or conditions as the Commissioner by regulation may reasonably prescribe.

 


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ê2021 Statutes of Nevada, Page 3750 (CHAPTER 549, SB 186)ê

 

      [4.](d) Operate its business or solicit claims for collection from any location, address or post office box other than that listed on its license or as may be prescribed by the Commissioner.

      [5.](e) Harass a debtor’s employer in collecting or attempting to collect a claim, nor engage in any conduct that constitutes harassment as defined by regulations adopted by the Commissioner.

      [6.](f) Advertise for sale or threaten to advertise for sale any claim as a means to enforce payment of the claim, unless acting under court order.

      [7.](g) Publish or post, or cause to be published or posted, any list of debtors except for the benefit of its stockholders or membership in relation to its internal affairs.

      [8.](h) Conduct or operate, in conjunction with its collection agency business, a debt counseling or prorater service for a debtor who has incurred a debt primarily for personal, family or household purposes whereby the debtor assigns or turns over to the counselor or prorater any of the debtor’s earnings or other money for apportionment and payment of the debtor’s debts or obligations. This section does not prohibit the conjunctive operation of a business of commercial debt adjustment with a collection agency if the business deals exclusively with the collection of commercial debt.

      (i) Collect a debt from a person who owes fees to:

             (1) A unit-owners’ association, if the collection agency is:

                   (I) Owned or operated by or is an affiliate of a person or entity who is the community manager for the unit-owners’ association; or

                   (II) Owned or operated by a relative of a person who is the community manager for the unit-owners’ association.

             (2) A person or entity who is an operator of a tow car, if the collection agency is:

                   (I) Owned or operated by or is an affiliate of a person or entity who is the operator of a tow car; or

                   (II) Owned or operated by a relative of a person who is the operator of a tow car.

             (3) A person or entity who engages in the business of, acts in the capacity of or assumes to act as a property manager of an apartment building, if the collection agency is:

                   (I) Owned or operated by or is an affiliate of the person or entity who engages in the business of, acts in the capacity of or assumes to act as the property manager of an apartment building; or

                   (II) Owned or operated by a relative of the person who engages in the business of, acts in the capacity of or assumes to act as the property manager of an apartment building.

      2.  As used in this section:

      (a) “Affiliate” means a person who directly or indirectly, through one or more intermediaries, controls or is controlled by or is under common control with another designated person.

      (b) “Community manager” has the meaning ascribed to it in NRS 116.023 or 116B.050.

      (c) “Operator of a tow car” means a person or entity required by NRS 706.4463 to obtain a certificate of public convenience and necessity.

      (d) “Property manager” has the meaning ascribed to it in NRS 645.0195.

 


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ê2021 Statutes of Nevada, Page 3751 (CHAPTER 549, SB 186)ê

 

      (e) “Relative” means a person who is related by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity.

      (f) “Unit-owners’ association” has the meaning ascribed to it in NRS 116.011 or 116B.030.

      Sec. 4. Section 1 of this act is hereby amended to read as follows:

       Section 1.  Chapter 116 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  Each association of a common-interest community that contains 150 or more units shall establish and maintain a secure Internet website or electronic portal that may be accessed by any unit’s owner. The association shall make available on the website or within the electronic portal any documents relating to the common-interest community or the association, including, without limitation:

       (a) The governing documents;

       (b) The most recent copy of the declaration of covenants, conditions and restrictions;

       (c) The annual budget of the association and any proposed budgets;

       (d) The notices and agendas for any upcoming meetings of the association; and

       (e) Any other documents required to be posted by law or regulation.

       2.  The Internet website or electronic portal established and maintained pursuant to subsection 1 must provide units’ owners with the ability to pay assessments electronically.

      3.  Each association of a common-interest community that contains fewer than 150 units may, and is encouraged to, establish and maintain a secure Internet website or electronic portal pursuant to subsection 1.

      Sec. 5.  1.  This section and sections 1.7 to 3, inclusive, of this act become effective on October 1, 2021.

      2.  Sections 1 and 1.5 of this act become effective on January 1, 2022.

      3.  Section 4 of this act becomes effective on January 1, 2023.

________

 


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ê2021 Statutes of Nevada, Page 3752ê

 

CHAPTER 550, SB 288

Senate Bill No. 288–Senator D. Harris

 

CHAPTER 550

 

[Approved: June 10, 2021]

 

AN ACT relating to transportation; authorizing a monitored autonomous vehicle provider to enter into an agreement with a transportation network company to provide transportation services through the digital network or software application of the company; imposing certain requirements on a transportation network company and monitored autonomous vehicle provider relating to the provision of transportation services by a monitored autonomous vehicle provider; authorizing a transportation network company to charge a fare for such services on behalf of a monitored autonomous vehicle provider; prohibiting a local governmental entity from imposing certain taxes or fees relating to such services; revising provisions relating to transportation network company insurance; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the permitting and regulation of transportation network companies by the Nevada Transportation Authority. (Chapter 706A of NRS) Existing law defines “transportation network company” to mean an entity that uses a digital network or software application to connect a passenger to a driver who can provide transportation services to a passenger. (NRS 706.050) This bill revises various provisions of existing law governing transportation network companies for the purpose of authorizing a monitored autonomous vehicle provider to provide transportation services to a passenger through the digital network or software application of a transportation network company in the same manner and generally subject to the same requirements as a driver.

      Section 2 of this bill defines “monitored autonomous vehicle” generally to mean an autonomous vehicle in which a monitored autonomous vehicle monitor is physically present at all times during the operation of the vehicle. Section 2.5 of this bill defines “monitored autonomous vehicle monitor” to mean a person employed by a monitored autonomous vehicle provider to remain physically present at all times during the operation of the vehicle to ensure: (1) the safety of such operations; and (2) that the monitored autonomous vehicle complies with the applicable motor vehicle laws and traffic laws of this State. Section 3 of this bill defines “monitored autonomous vehicle provider” as a person who: (1) owns and operates a monitored autonomous vehicle; and (2) enters into an agreement with a transportation network company to receive connections to potential passengers and related services from the transportation network company in exchange for the payment of a fee to the transportation network company.

      Section 5 of this bill authorizes a transportation network company to enter into an agreement with one or more monitored autonomous vehicle providers to receive connections to potential passengers from the company in exchange for the payment of a fee to the company. Section 5 also provides that a monitored autonomous vehicle monitor employed by a monitored autonomous vehicle provider who has entered into such an agreement is authorized to accept compensation for his or her services only from the monitored autonomous vehicle provider by which he or she is employed.

      Section 5.5 of this bill provides that a monitored autonomous vehicle provider is liable in tort for any damages arising out of the provision of transportation services in the same manner as a driver.

 


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ê2021 Statutes of Nevada, Page 3753 (CHAPTER 550, SB 288)ê

 

      Section 13.3 of this bill provides that the provisions of this bill relating to monitored autonomous vehicle providers and monitored autonomous vehicles do not apply to an autonomous vehicle network company or a fully autonomous vehicle operated by such a company. Section 13.6 of this bill provides that a monitored autonomous vehicle operated by a monitored autonomous vehicle provider is not a commercial vehicle.

      Section 14 of this bill prohibits, with certain exceptions, a transportation network company from controlling, directing or managing a monitored autonomous vehicle provider or a monitored autonomous vehicle operated by such a provider. Section 14.5 of this bill prohibits a monitored autonomous vehicle provider from providing transportation services unless the transportation network company with which the provider is affiliated holds a permit issued by the Authority.

      Section 15 of this bill authorizes a transportation network company that holds a permit issued by the Authority to take certain actions with respect to a monitored autonomous vehicle provider. Sections 12 and 13 of this bill, respectively, revise the definitions of “transportation network company” and “transportation services” to reflect the authority of a monitored autonomous vehicle provider to provide transportation services pursuant to an agreement with a transportation network company.

      Section 19 of this bill requires a transportation network company to maintain certain records concerning accidents and other incidents involving monitored autonomous vehicle providers. Section 19.3 of this bill authorizes a transportation network company to disclose certain information concerning passengers to a monitored autonomous vehicle provider. Section 19.6 of this bill requires a transportation network company to submit certain reports to the Authority concerning motor vehicle crashes involving monitored autonomous vehicle providers.

      Section 17.5 of this bill requires a transportation network company, when a monitored autonomous vehicle provider provides transportation services, to provide the license plate number of the monitored autonomous vehicle to a passenger before he or she enters the vehicle.

      Section 16 of this bill revises provisions of existing law governing fares charged by a transportation network company for the purpose of authorizing a transportation network company to charge a fare for transportation services provided by a monitored autonomous vehicle provider on behalf of the provider. (NRS 706A.170) Section 16.5 of this bill imposes certain requirements relating to the condition and inspection of a monitored autonomous vehicle used to provide transportation services. Sections 17 and 18 of this bill revise provisions of existing law which impose certain requirements on the provision of transportation services by a driver to apply such requirements to the provision of transportation services by a monitored autonomous vehicle provider. (NRS 706A.190, 706A.210)

      Section 20 of this bill authorizes the Authority to impose certain penalties on a transportation network company or monitored autonomous vehicle provider for certain violations.

      Section 21 of this bill prohibits a local governmental entity from imposing any tax or fee on a monitored autonomous vehicle provider or a monitored autonomous vehicle used by such a provider to provide transportation services or on the transportation services provided using such a vehicle.

      Existing law requires a transportation network company or driver to continuously provide, during any period in which the driver is providing transportation services, transportation network company insurance for the payment of tort liabilities arising from the operation of a motor vehicle by a driver. Existing law sets forth certain minimum amounts of coverage that must be provided by transportation network company insurance for periods in which a driver is providing transportation services and for periods in which a driver is logged into the digital network or software application service of the transportation network company and available to receive requests but is not otherwise providing transportation services. (NRS 690B.470) Section 22.7 of this bill requires a monitored autonomous vehicle provider to continuously provide transportation network company insurance in a specified minimum amount for the payment of tort liabilities arising from the operation of a monitored autonomous vehicle during any period in which the monitored autonomous vehicle provider is operating the monitored autonomous vehicle, regardless of whether the provider is providing transportation services.

 


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ê2021 Statutes of Nevada, Page 3754 (CHAPTER 550, SB 288)ê

 

minimum amount for the payment of tort liabilities arising from the operation of a monitored autonomous vehicle during any period in which the monitored autonomous vehicle provider is operating the monitored autonomous vehicle, regardless of whether the provider is providing transportation services.

      Existing law imposes various requirements relating to transportation network company insurance. (NRS 690B.400-690B.495) Sections 22.2, 22.3, 22.5 and 22.7-22.9 of this bill impose on a monitored autonomous vehicle provider and a transportation network company affiliated with a monitored autonomous vehicle provider certain requirements relating to transportation network company insurance which are applicable to a driver and a transportation network company affiliated with a driver under existing law.

      Sections 11, 22.4 and 22.6 of this bill make conforming changes to indicate the proper placement of new provisions in the Nevada Revised Statutes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 706A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2. “Monitored autonomous vehicle” means an autonomous vehicle, as defined in NRS 482A.030, in which a monitored autonomous vehicle monitor is physically present at all times during the operation of the vehicle.

      Sec. 2.5. “Monitored autonomous vehicle monitor” means a person employed by a monitored autonomous vehicle provider to remain physically present in a monitored autonomous vehicle at all times during the operation of the vehicle to ensure:

      1.  The safety of the operations of the monitored autonomous vehicle; and

      2.  That the monitored autonomous vehicle complies with the applicable motor vehicle laws and traffic laws of this State.

      Sec. 3. “Monitored autonomous vehicle provider” means a person who:

      1.  Owns and operates a monitored autonomous vehicle; and

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

      Sec. 4.  (Deleted by amendment.)

      Sec. 5. 1.  A transportation network company may enter into an agreement with one or more monitored autonomous vehicle providers to receive connections to potential passengers from the company in exchange for the payment of a fee by the monitored autonomous vehicle provider to the company.

      2.  A monitored autonomous vehicle monitor employed by a monitored autonomous vehicle provider which has entered into an agreement with a transportation network company pursuant to subsection 1 may only accept compensation for his or her services from the monitored autonomous vehicle provider by which he or she is employed.

      Sec. 5.5. A monitored autonomous vehicle provider who provides transportation services using a monitored autonomous vehicle is liable in tort for any damages arising out of the provision of transportation services in the same manner and to the same extent as if the monitored autonomous vehicle provider were a driver providing transportation services using a motor vehicle.

 


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ê2021 Statutes of Nevada, Page 3755 (CHAPTER 550, SB 288)ê

 

tort for any damages arising out of the provision of transportation services in the same manner and to the same extent as if the monitored autonomous vehicle provider were a driver providing transportation services using a motor vehicle.

      Secs. 6-10.  (Deleted by amendment.)

      Sec. 10.5. NRS 706A.010 is hereby amended to read as follows:

      706A.010  It is hereby declared to be the purpose and policy of the Legislature in enacting this chapter to ensure the safety, reliability and cost-effectiveness of the transportation services provided by drivers and monitored autonomous vehicle providers affiliated with transportation network companies in this State.

      Sec. 11. NRS 706A.020 is hereby amended to read as follows:

      706A.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 706A.030 to 706A.060, inclusive, and sections 2, 2.5 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 12. NRS 706A.050 is hereby amended to read as follows:

      706A.050  “Transportation network company” or “company” means an entity that uses a digital network or software application service to connect a passenger to a driver or monitored autonomous vehicle provider who can provide transportation services to the passenger.

      Sec. 13. NRS 706A.060 is hereby amended to read as follows:

      706A.060  “Transportation services” means the transportation by a driver or monitored autonomous vehicle provider of one or more passengers between points chosen by the passenger or passengers and prearranged through the use of the digital network or software application service of a transportation network company. The term includes only the period beginning when a driver or a monitored autonomous vehicle provider accepts a request by a passenger for transportation through the digital network or software application service of a transportation network company and ending when the last such passenger fully disembarks from the motor vehicle operated by the driver [.] or the monitored autonomous vehicle operated by the monitored autonomous vehicle provider.

      Sec. 13.3. NRS 706A.075 is hereby amended to read as follows:

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

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

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

      (b) Except as otherwise provided in NRS 706.88396, the provisions of chapter 706 of NRS,

Ê to the extent that the services provided by the company , [or] driver or monitored autonomous vehicle provider are within the scope of the permit.

      3.  The provisions of this chapter relating to monitored autonomous vehicles and monitored autonomous vehicle providers do not apply to an autonomous vehicle network company which has been issued a permit pursuant to NRS 706B.130 or to a fully autonomous vehicle operated by such a company.

 


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ê2021 Statutes of Nevada, Page 3756 (CHAPTER 550, SB 288)ê

 

      Sec. 13.6.NRS 706A.080 is hereby amended to read as follows:

      706A.080  Nothing in this chapter shall be construed to deem a motor vehicle operated by a driver to provide transportation services or a monitored autonomous vehicle operated by a monitored autonomous vehicle provider to provide transportation services to be a commercial motor vehicle.

      Sec. 14. NRS 706A.090 is hereby amended to read as follows:

      706A.090  Except as otherwise provided in this chapter and the regulations adopted pursuant thereto or by a written contract between a transportation network company and a driver [,] or monitored autonomous vehicle provider, a company shall not control, direct or manage [a] :

      1.  A driver or the motor vehicle operated by a driver [.] ; or

      2.  A monitored autonomous vehicle provider or any monitored autonomous vehicle operated by a monitored autonomous vehicle provider.

      Sec. 14.5. NRS 706A.110 is hereby amended to read as follows:

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

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

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

      Sec. 15. NRS 706A.130 is hereby amended to read as follows:

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

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

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

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

      (c) Except as otherwise provided in NRS 706.88396, does not authorize a transportation network company or any driver or monitored autonomous vehicle provider to engage in any activity otherwise regulated pursuant to chapter 706 of NRS other than the activity authorized by this chapter.

 


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ê2021 Statutes of Nevada, Page 3757 (CHAPTER 550, SB 288)ê

 

      3.  Nothing in this chapter prohibits the issuance of a permit to operate a transportation network company to a person who is regulated pursuant to chapter 706 of NRS if the person submits an application pursuant to NRS 706A.120 and meets the requirements for the issuance of a permit.

      Sec. 16. NRS 706A.170 is hereby amended to read as follows:

      706A.170  1.  In accordance with the provisions of this chapter, a transportation network company which holds a valid permit issued by the Authority pursuant to this chapter may, on behalf of a driver [,] or monitored autonomous vehicle provider, charge a fare for transportation services provided to a passenger by the driver [.] or monitored autonomous vehicle provider.

      2.  If a fare is charged, the company must disclose the rates charged by the company and the method by which the amount of a fare is calculated:

      (a) On an Internet website maintained by the company; or

      (b) Within the digital network or software application service of the company.

      3.  If a fare is charged, the company must offer to each passenger the option to receive, before the passenger enters the motor vehicle of a driver [,] or the monitored autonomous vehicle of a monitored autonomous vehicle provider, an estimate of the amount of the fare that will be charged to the passenger.

      4.  A transportation network company may accept payment of a fare only electronically. A transportation network company , [or a] driver or monitored autonomous vehicle provider shall not solicit or accept cash as payment of a fare.

      5.  A transportation network company shall not impose any additional charge for a driver or monitored autonomous vehicle provider who provides transportation services to a person with a physical disability because of the disability.

      6.  The Authority may adopt regulations establishing a maximum fare that may be charged during an emergency, as defined in NRS 414.0345.

      Sec. 16.5. NRS 706A.180 is hereby amended to read as follows:

      706A.180  1.  A transportation network company shall not allow a driver or monitored autonomous vehicle provider to be connected to potential passengers using the digital network or software application service of the company if the motor vehicle operated by the driver or the monitored autonomous vehicle operated by the monitored autonomous vehicle provider to provide transportation services:

      (a) Is not in compliance with all federal, state and local laws concerning the operation and maintenance of the motor vehicle [.] or monitored autonomous vehicle.

      (b) Has less than four doors.

      (c) Is designed to carry more than eight passengers, including the driver.

      (d) Is a farm tractor, mobile home, recreational vehicle, semitractor, semitrailer, trailer, bus, motorcycle or tow car.

      2.  A transportation network company shall inspect or cause to be inspected every motor vehicle used by a driver to provide transportation services and every monitored autonomous vehicle used by a monitored autonomous vehicle provider to provide transportation services before allowing the driver to use the motor vehicle or the monitored autonomous vehicle provider to use the monitored autonomous vehicle to provide transportation services and not less than once each year thereafter.

 


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ê2021 Statutes of Nevada, Page 3758 (CHAPTER 550, SB 288)ê

 

      3.  The inspection required by subsection 2 must include, without limitation, an inspection of the foot and emergency brakes, steering, windshield, rear window, other glass, windshield wipers, headlights, tail lights, turn indicator lights, braking lights, front seat adjustment mechanism, doors, horn, speedometer, bumpers, muffler, exhaust, tires, rear view mirrors and safety belts of the vehicle which ensures the proper functioning of each component.

      Sec. 17. NRS 706A.190 is hereby amended to read as follows:

      706A.190  1.  A transportation network company shall adopt a policy which prohibits discrimination against a passenger or potential passenger on account of national origin, religion, age, disability, sex, race, color, sexual orientation or gender identity or expression.

      2.  A driver or monitored autonomous vehicle provider shall not discriminate against a passenger or potential passenger on account of national origin, religion, age, disability, sex, race, color, sexual orientation or gender identity or expression.

      3.  A transportation network company shall provide to each passenger an opportunity to indicate whether the passenger requires transportation in a motor vehicle or monitored autonomous vehicle that is wheelchair accessible. If the company cannot provide the passenger with transportation services in a motor vehicle or monitored autonomous vehicle that is wheelchair accessible, the company must direct the passenger to an alternative provider or means of transportation that is wheelchair accessible, if available.

      Sec. 17.5. NRS 706A.200 is hereby amended to read as follows:

      706A.200  1.  For each instance in which a driver or monitored autonomous vehicle provider provides transportation services to a passenger, the transportation network company which connected the passenger to the driver or monitored autonomous vehicle provider shall provide to the passenger, before the passenger enters the motor vehicle of a driver [, a] or the monitored autonomous vehicle of a monitored autonomous vehicle provider, as applicable:

      (a) A photograph of the driver who will provide the transportation services and the license plate number of the motor vehicle operated by the driver [.] ; or

      (b) The license plate number of the monitored autonomous vehicle operated by the monitored autonomous vehicle provider.

      2.  The information required by [this section] subsection 1 must be provided to the passenger:

      [1.](a) On an Internet website maintained by the company; or

      [2.](b) Within the digital network or software application service of the company.

      Sec. 18. NRS 706A.210 is hereby amended to read as follows:

      706A.210  A transportation network company which connected a passenger to a driver or a monitored autonomous vehicle provider shall, within a reasonable period following the provision of transportation services by the driver or the monitored autonomous vehicle provider to the passenger, transmit to the passenger an electronic receipt, which must include, without limitation:

      1.  A description of the point of origin and the destination of the transportation services;

      2.  The total time for which transportation services were provided;

 


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ê2021 Statutes of Nevada, Page 3759 (CHAPTER 550, SB 288)ê

 

      3.  The total distance traveled; and

      4.  An itemization of the fare, if any, charged for the transportation services.

      Sec. 19. NRS 706A.230 is hereby amended to read as follows:

      706A.230  1.  A transportation network company shall maintain the following records relating to the business of the company for a period of at least 3 years after the date on which the record is created:

      (a) Trip records;

      (b) Driver records and vehicle inspection records;

      (c) Monitored autonomous vehicle provider records and monitored autonomous vehicle inspection records;

      (d) Records of each complaint and the resolution of each complaint; and

      [(d)](e) Records of each accident or other incident that involved a driver or monitored autonomous vehicle provider and was reported to the transportation network company.

      2.  Each transportation network company shall make its records available for inspection by the Authority upon request and only as necessary for the Authority to investigate complaints. This subsection does not require a company to make any proprietary information available to the Authority. Except as otherwise provided in subsection 3, any records provided to the Authority are confidential and must not be disclosed other than to employees of the Authority.

      3.  The Authority shall disclose to the Secretary of State the name of each driver and monitored autonomous vehicle provider and such other information as the Secretary of State determines necessary to enforce the provisions of chapter 76 of NRS. If the Secretary of State obtains any confidential information pursuant to this subsection, the Secretary of State, and any employee of the Secretary of State engaged in the administration of chapter 76 of NRS or charged with the custody of any records or files relating to the administration of chapter 76 of NRS, shall maintain the confidentiality of that information in the same manner and to the same extent as provided by law for the Authority.

      Sec. 19.3.NRS 706A.250 is hereby amended to read as follows:

      706A.250  1.  Except as otherwise provided in this section, a transportation network company shall not disclose to any person the personally identifiable information of a passenger who received services from the company unless:

      (a) The disclosure is otherwise required by law;

      (b) The company determines that disclosure is required to protect or defend the terms of use of the services or to investigate violations of those terms of use; or

      (c) The passenger consents to the disclosure.

      2.  A transportation network company may disclose to a driver or monitored autonomous vehicle provider the name and telephone number of a passenger for the purposes of facilitating correct identification of the passenger and facilitating communication between the driver or monitored autonomous vehicle provider and the passenger.

      Sec. 19.6. NRS 706A.270 is hereby amended to read as follows:

      706A.270  1.  Each transportation network company shall provide to the Authority reports containing information relating to motor vehicle crashes involving drivers or monitored autonomous vehicle providers affiliated with the company which occurred in this State while the driver or monitored autonomous vehicle provider was providing transportation services or logged into the digital network or software application service of the company and available to receive requests for transportation services.

 


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ê2021 Statutes of Nevada, Page 3760 (CHAPTER 550, SB 288)ê

 

crashes involving drivers or monitored autonomous vehicle providers affiliated with the company which occurred in this State while the driver or monitored autonomous vehicle provider was providing transportation services or logged into the digital network or software application service of the company and available to receive requests for transportation services. The reports required by this subsection must contain the information identified in subsection 2 and be submitted:

      (a) For all crashes that occurred during the first 6 months that the company operates within this State, on or before the date 7 months after the company was issued a permit.

      (b) For all crashes that occurred during the first 12 months that the company operates within this State, on or before the date 13 months after the company was issued a permit.

      2.  The reports submitted pursuant to subsection 1 must include, for the period of time specified in subsection 1:

      (a) The number of motor vehicle crashes which occurred in this State involving such a driver [;] or monitored autonomous vehicle provider;

      (b) The highest, lowest and average amount paid for bodily injury or death to one or more persons that occurred as a result of such a crash; and

      (c) The highest, lowest and average amount paid for damage to property that occurred as a result of such a crash.

      3.  The Authority shall collect the reports submitted by transportation network companies pursuant to subsection 1 and determine whether the limits of coverage required pursuant to NRS 690B.470 are sufficient. The Authority shall submit a report stating whether the limits of coverage required pursuant to NRS 690B.470 are sufficient and containing the information, in an aggregated format which does not reveal the identity of any person, submitted by transportation network companies pursuant to subsection 1 since the last report of the Authority pursuant to this subsection:

      (a) To the Legislative Commission on or before December 1 of each odd-numbered year.

      (b) To the Director of the Legislative Counsel Bureau for transmittal to the Nevada Legislature on or before December 1 of each even-numbered year.

      Sec. 19.9. NRS 706A.280 is hereby amended to read as follows:

      706A.280  1.  A driver or autonomous vehicle provider shall not solicit or accept a passenger or provide transportation services to any person unless the person has arranged for the transportation services through the digital network or software application service of the transportation network company.

      2.  With respect to a passenger’s destination, a driver or monitored autonomous vehicle provider shall not:

      (a) Deceive or attempt to deceive any passenger who rides or desires to ride in the driver’s motor vehicle [.] or the monitored autonomous vehicle provider’s monitored autonomous vehicle.

      (b) Convey or attempt to convey any passenger to a destination other than the one directed by the passenger.

      (c) Take a longer route to the passenger’s destination than is necessary, unless specifically requested to do so by the passenger.

 


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ê2021 Statutes of Nevada, Page 3761 (CHAPTER 550, SB 288)ê

 

      (d) Fail to comply with the reasonable and lawful requests of the passenger as to speed of travel and route to be taken.

      3.  A driver or monitored autonomous vehicle provider shall not, at the time the driver or monitored autonomous vehicle provider picks up a passenger, refuse or neglect to provide transportation services to any orderly passenger unless the driver or monitored autonomous vehicle provider can demonstrate to the satisfaction of the Authority that:

      (a) [The] For a driver , the driver has good reason to fear for the driver’s personal safety; [or]

      (b) For a monitored autonomous vehicle provider, the monitored autonomous vehicle provider or monitored autonomous vehicle monitor has good reason to fear for the personal safety of the monitor in the monitored autonomous vehicle picking up the person requesting transportation services; or

      (c) The driver or monitored autonomous vehicle provider is prohibited by law or regulation from carrying the person requesting transportation services.

      Sec. 20. NRS 706A.300 is hereby amended to read as follows:

      706A.300  1.  If the Authority determines that a transportation network company , [or] driver or monitored autonomous vehicle provider has violated the terms of a permit issued pursuant to this chapter or any provision of this chapter or any regulations adopted pursuant thereto, the Authority may, depending on whether the violation was committed by the company, the driver, [or] both [:] the company and the driver or both the company and the monitored autonomous vehicle provider:

      (a) If the Authority determines that the violation is willful and endangers public safety, suspend or revoke the permit issued to the transportation network company;

      (b) If the Authority determines that the violation is willful and endangers public safety, impose against the transportation network company an administrative fine in an amount not to exceed $100,000 per violation;

      (c) Prohibit a person from operating as a driver [;] or monitored autonomous vehicle provider; or

      (d) Impose any combination of the penalties provided in paragraphs (a), (b) and (c).

      2.  To determine the amount of an administrative fine imposed pursuant to paragraph (b) or (d) of subsection 1, the Authority shall consider:

      (a) The size of the transportation network company;

      (b) The severity of the violation;

      (c) Any good faith efforts by the transportation network company to remedy the violation;

      (d) The history of previous violations by the transportation network company; and

      (e) Any other factor that the Authority determines to be relevant.

      3.  Notwithstanding the provisions of NRS 193.170, a person who violates any provision of this chapter is not subject to any criminal penalty for such a violation.

      Sec. 21. NRS 706A.310 is hereby amended to read as follows:

      706A.310  1.  Except as otherwise provided in subsection 2, a local governmental entity shall not:

 


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ê2021 Statutes of Nevada, Page 3762 (CHAPTER 550, SB 288)ê

 

      (a) Impose any tax or fee on [a transportation] :

             (1) A transportation network company operating within the scope of a valid permit issued by the Authority pursuant to this chapter [, a] ;

             (2) A driver who has entered into an agreement with [such] a transportation network company described in subparagraph (1) or a vehicle operated by such a driver or for transportation services provided by such a driver [.] ; or

             (3) A monitored autonomous vehicle provider who has entered into an agreement with a transportation network company described in subparagraph (1) or a monitored autonomous vehicle operated by such a monitored autonomous vehicle provider or for transportation services provided by such a monitored autonomous vehicle provider.

      (b) Require a transportation network company operating within the scope of a valid permit issued by the Authority pursuant to this chapter to obtain from the local government any certificate, license or permit to operate within that scope or require a driver or monitored autonomous vehicle provider who has entered into an agreement with such a company to obtain from the local government any certificate, license or permit to provide transportation services.

      (c) Impose any other requirement upon a transportation network company , [or a] driver or monitored autonomous vehicle provider which is not of general applicability to all persons who operate a motor vehicle within the jurisdiction of the local government.

      2.  Nothing in this section:

      (a) Prohibits a local governmental entity from requiring a transportation network company , [or] driver or monitored autonomous vehicle provider to obtain from the local government a business license or to pay any business license fee in the same manner that is generally applicable to any other business that operates within the jurisdiction of the local government.

      (b) Prohibits an airport or its governing body from requiring a transportation network company , [or a] driver or monitored autonomous vehicle provider to:

             (1) Obtain a permit or certification to operate at the airport;

             (2) Pay a fee to operate at the airport; or

             (3) Comply with any other requirement to operate at the airport.

      (c) Exempts a vehicle operated by a driver or monitored autonomous vehicle provider from any tax imposed pursuant to NRS 354.705, 371.043 or 371.045.

      3.  The provisions of this chapter do not exempt any person from the requirement to obtain a state business license issued pursuant to chapter 76 of NRS. A transportation network company shall notify each driver and monitored autonomous vehicle provider of the requirement to obtain a state business license issued pursuant to chapter 76 of NRS and the penalties for failing to obtain a state business license.

      Sec. 22. (Deleted by amendment.)

      Sec. 22.1.Chapter 690B of NRS is hereby amended by adding thereto the provisions set forth as sections 22.2 and 22.3 of this act.

      Sec. 22.2.“Monitored autonomous vehicle provider” has the meaning ascribed to it in section 3 of this act.

      Sec. 22.3. 1.  A monitored autonomous vehicle provider shall ensure that proof of coverage under a policy of transportation network company insurance is contained within the monitored autonomous vehicle of the monitored autonomous vehicle provider at all times when the monitored autonomous vehicle provider is operating the monitored autonomous vehicle.

 


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ê2021 Statutes of Nevada, Page 3763 (CHAPTER 550, SB 288)ê

 

insurance is contained within the monitored autonomous vehicle of the monitored autonomous vehicle provider at all times when the monitored autonomous vehicle provider is operating the monitored autonomous vehicle.

      2.  If the monitored autonomous vehicle of a monitored autonomous vehicle provider is involved in an accident or motor vehicle crash, the monitored autonomous vehicle provider shall ensure that any law enforcement officer and any party with whom the monitored autonomous vehicle is involved in the accident or motor vehicle crash is provided with:

      (a) Proof of coverage under a policy of transportation network company insurance; and

      (b) A disclosure as to whether the monitored autonomous vehicle provider was logged into the digital network or software application service of the transportation network company, available to receive requests for transportation services or providing transportation services at the time of the accident or motor vehicle crash.

      3.  As used in this section, “monitored autonomous vehicle” has the meaning ascribed to it in section 2 of this act.

      Sec. 22.4.NRS 690B.400 is hereby amended to read as follows:

      690B.400  As used in NRS 690B.400 to 690B.495, inclusive, and sections 22.2 and 22.3 of this act, the words and terms defined in NRS 690B.410 to 690B.430, inclusive, and section 22.2 of this act have the meanings ascribed to them in those sections.

      Sec. 22.5.NRS 690B.425 is hereby amended to read as follows:

      690B.425  “Transportation network company insurance” means a policy of insurance that includes coverage specifically for the use of a vehicle by a driver or monitored autonomous vehicle provider pursuant to NRS 690B.400 to 690B.495, inclusive [.] and sections 22.2 and 22.3 of this act.

      Sec. 22.6.NRS 690B.450 is hereby amended to read as follows:

      690B.450  The provisions of NRS 690B.400 to 690B.495, inclusive, and sections 22.2 and 22.3 of this act do not apply to a person who is regulated pursuant to chapter 704 or 706 of NRS unless the person holds a permit issued pursuant to NRS 706A.130.

      Sec. 22.7.NRS 690B.470 is hereby amended to read as follows:

      690B.470  1.  Every transportation network company or driver shall continuously provide, during any period in which the driver is providing transportation services, transportation network company insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State or a broker licensed pursuant to chapter 685A of NRS or procured directly from a nonadmitted insurer, as defined in NRS 685A.0375:

      (a) In an amount of not less than $1,500,000 for bodily injury to or death of one or more persons and injury to or destruction of property of others in any one accident or motor vehicle crash that occurs while the driver is providing transportation services;

      (b) In an amount of not less than $50,000 for bodily injury to or death of one person in any one accident or motor vehicle crash that occurs while the driver is logged into the digital network or software application service of the transportation network company and available to receive requests for transportation services but is not otherwise providing transportation services;

 


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ê2021 Statutes of Nevada, Page 3764 (CHAPTER 550, SB 288)ê

 

      (c) Subject to the minimum amount for one person required by paragraph (b), in an amount of not less than $100,000 for bodily injury to or death of two or more persons in any one accident or motor vehicle crash that occurs while the driver is logged into the digital network or software application service of the transportation network company and available to receive requests for transportation services but is not otherwise providing transportation services; and

      (d) In an amount of not less than $25,000 for injury to or destruction of property of others in any one accident or motor vehicle crash that occurs while the driver is logged into the digital network or software application service of the transportation network company and available to receive requests for transportation services but is not otherwise providing transportation services,

Ê for the payment of tort liabilities arising from the maintenance or use of the motor vehicle.

      2.  Every monitored autonomous vehicle provider shall continuously provide, during any period in which a monitored autonomous vehicle provider is operating a monitored autonomous vehicle, transportation network company insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State or a broker licensed pursuant to chapter 685A of NRS or procured directly from a nonadmitted insurer, as defined in NRS 685A.0375, in an amount of not less than $1,500,000 for bodily injury to or destruction of property of others in any one accident or motor vehicle crash that occurs while the monitored autonomous vehicle provider is operating a monitored autonomous vehicle for the payment of tort liabilities arising from the maintenance or use of the monitored autonomous vehicle.

      3.  The transportation network company insurance required by subsection 1 or 2, as applicable, may be provided through one or a combination of insurance policies provided by the transportation network company , [or] the driver, [or] the monitored autonomous vehicle provider, both [.] the transportation network company and the driver or both the transportation network company and the monitored autonomous vehicle provider.

      [3.]4.  Every transportation network company shall continuously provide, during any period in which the driver or monitored autonomous vehicle provider is providing transportation services, transportation network company insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State or a broker licensed pursuant to chapter 685A of NRS or procured directly from a nonadmitted insurer, as defined in NRS 685A.0375, which meets the requirements of subsection 1 or 2, as applicable, as primary insurance if the insurance provided by the driver [:] or monitored autonomous vehicle provider:

      (a) Lapses; or

      (b) Fails to meet the requirements of subsection 1 [.] or 2, as applicable.

      [4.]5.  Notwithstanding the provisions of NRS 485.185 and 485.186 which require the owner or operator of a motor vehicle to provide insurance, transportation network company insurance shall be deemed to satisfy the requirements of NRS 485.185 or 485.186, as appropriate, regardless of whether the insurance is provided by the transportation network company , [or] the driver, [or] the monitored autonomous vehicle provider, both [,] the transportation network company and the driver or both the transportation network company and the monitored autonomous vehicle provider, if the transportation network company insurance otherwise satisfies the requirements of NRS 485.185 or 485.186, as appropriate.

 


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ê2021 Statutes of Nevada, Page 3765 (CHAPTER 550, SB 288)ê

 

requirements of NRS 485.185 or 485.186, as appropriate, regardless of whether the insurance is provided by the transportation network company , [or] the driver, [or] the monitored autonomous vehicle provider, both [,] the transportation network company and the driver or both the transportation network company and the monitored autonomous vehicle provider, if the transportation network company insurance otherwise satisfies the requirements of NRS 485.185 or 485.186, as appropriate.

      [5.]6.  In addition to the coverage required pursuant to subsection 1 [,] or 2, as applicable, a policy of transportation network company insurance may include additional coverage, including, without limitation, coverage for medical payments, coverage for uninsured or underinsured motorists, comprehensive coverage and collision coverage.

      [6.]7.  An insurer who provides transportation network company insurance shall not require a policy of insurance for the operation of a motor vehicle required pursuant to NRS 485.185 or 485.186, as appropriate, to deny a claim before the transportation network company insurance provides coverage for a claim.

      [7.]8.  An insurer who provides transportation network company insurance has a duty to defend and indemnify the driver or monitored autonomous vehicle provider and the transportation network company.

      [8.]9.  An insurer who provides transportation network company insurance which includes comprehensive coverage or collision coverage for the operation of a motor vehicle against which a lienholder holds a lien shall issue any payment for a claim under such coverage:

      (a) Directly to the person who performs repairs upon the vehicle; or

      (b) Jointly to the owner of the vehicle and the lienholder.

      [9.]10.  A transportation network company that provides transportation network company insurance for a motor vehicle not deemed to be the owner of the motor vehicle.

      11.  As used in this section, “monitored autonomous vehicle” has the meaning ascribed to it in section 2 of this act.

      Sec. 22.8.NRS 690B.480 is hereby amended to read as follows:

      690B.480  1.  A policy of insurance for the operation of a motor vehicle required pursuant to NRS 485.185 or 485.186, as appropriate, is not required to include transportation network company insurance. An insurer providing a policy which excludes transportation network company insurance does not have a duty to defend or indemnify a driver or monitored autonomous vehicle provider for any claim arising during any period in which the driver or monitored autonomous vehicle provider is logged into the digital network or software application service of the transportation network company, available to receive requests for transportation services or providing transportation services.

      2.  An insurer who provides a policy of insurance for the operation of a motor vehicle required pursuant to NRS 485.185 or 485.186, as appropriate, may include transportation network company insurance in such a policy. An insurer may charge an additional premium for the inclusion of transportation network company insurance in such a policy.

      3.  An insurer who:

      (a) Defends or indemnifies a driver or monitored autonomous vehicle provider for a claim arising during any period in which the driver or monitored autonomous vehicle provider is logged into the digital network or software application service of the transportation network company, available to receive requests for transportation services or providing transportation services; and

 


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ê2021 Statutes of Nevada, Page 3766 (CHAPTER 550, SB 288)ê

 

monitored autonomous vehicle provider is logged into the digital network or software application service of the transportation network company, available to receive requests for transportation services or providing transportation services; and

      (b) Excludes transportation network company insurance from the policy of insurance for the operation of a motor vehicle provided to the driver [,] or monitored autonomous vehicle provider,

Ê has the right of contribution against other insurers who provide coverage to the driver or monitored autonomous vehicle provider to satisfy the coverage required by NRS 690B.470 at the time of the loss.

      Sec. 22.9.NRS 690B.490 is hereby amended to read as follows:

      690B.490  In any investigation relating to tort liability arising from the operation of a motor vehicle, each transportation network company , [and] driver [,] and monitored autonomous vehicle provider, and each insurer providing transportation network company insurance to a transportation network company , [or] driver [,] or monitored autonomous vehicle provider who is involved in the underlying incident shall cooperate with any other party to the incident and any other insurer involved in the investigation and share information, including, without limitation:

      1.  The date and time of an accident or motor vehicle crash involving a driver [.] or monitored autonomous vehicle provider.

      2.  The dates and times that the driver or monitored autonomous vehicle provider involved in an accident or motor vehicle crash logged into the digital network or software application service of the transportation network company for a period of 12 hours immediately preceding and 12 hours immediately following the accident or motor vehicle crash.

      3.  The dates and times that the driver or monitored autonomous vehicle provider involved in an accident or motor vehicle crash logged out of the digital network or software application service of the transportation network company for a period of 12 hours immediately preceding and 12 hours immediately following the accident or motor vehicle crash.

      4.  A clear description of the coverage, exclusions and limits provided under any policy of transportation network company insurance which applies.

      Sec. 23.  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. 24.  This act becomes effective upon passage and approval.

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ê2021 Statutes of Nevada, Page 3767ê

 

CHAPTER 551, SB 317

Senate Bill No. 317–Senator Ohrenschall

 

CHAPTER 551

 

[Approved: June 10, 2021]

 

AN ACT relating to juvenile justice; revising provisions governing employment with a department of juvenile justice services; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the board of county commissioners of a county whose population is 700,000 or more (currently Clark County) to establish by ordinance a department of juvenile justice services to administer certain provisions of existing law relating to juvenile delinquency and the abuse and neglect of children. (NRS 62G.200-62G.240) If the board of county commissioners of such a county has not established a department of juvenile justice services, the juvenile court is required to: (1) establish by court order a probation committee; and (2) appoint a director of the department of juvenile justice services to administer certain functions of the juvenile court. (NRS 62G.300-62G.370)

      Existing law authorizes a department of juvenile justice services to deny employment to an applicant or terminate the employment of an employee against whom certain criminal charges are pending. Existing law also: (1) requires a department of juvenile justice services to allow such an employee a reasonable amount of time of not more than 180 days to resolve the pending charges against the employee; and (2) authorizes a department of juvenile justice services to, upon request from the employee and good cause shown, allow the employee additional time to resolve the pending charges against the employee. Existing law further authorizes a department of juvenile justice services to place such an employee on leave without pay during the period in which the employee seeks to resolve the pending charges against the employee. (NRS 62G.225, 62G.355)

      Sections 1 and 2 of this bill require a department of juvenile justice services to award back pay to an employee of the department of juvenile justice services who is a peace officer for the duration of the unpaid leave if: (1) the charges against the employee are dismissed or the employee is found not guilty at trial; and (2) the employee is not subjected to punitive action in connection with the alleged misconduct. Sections 1 and 2 also: (1) specify that the amount of time which existing law requires a department of juvenile justice services to allow such an employee to resolve the pending charges against the employee, which is a reasonable amount of time of not more than 180 calendar days and begins after arrest; and (2) authorize a department of juvenile justice services to offset any other income earned by the employee during the duration of the unpaid leave against any back pay awarded to the employee. Section 3 of this bill makes the amendatory provisions of this bill applicable to an employee of a department of juvenile justice services who, on or after July 1, 2021, has a pending charge against the employee for an offense alleged to have been committed on or after July 1, 2021.

 

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 62G.225 is hereby amended to read as follows:

      62G.225  1.  If the report from the Federal Bureau of Investigation forwarded to the department of juvenile justice services pursuant to subsection 5 of NRS 62G.223, the information received by the department of juvenile justice services pursuant to subsection 2 of NRS 62G.223 or evidence from any other source indicates that an applicant for employment with the department of juvenile justice services, or an employee of the department of juvenile justice services:

 


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ê2021 Statutes of Nevada, Page 3768 (CHAPTER 551, SB 317)ê

 

juvenile justice services pursuant to subsection 2 of NRS 62G.223 or evidence from any other source indicates that an applicant for employment with the department of juvenile justice services, or an employee of the department of juvenile justice services:

      (a) Has charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 62G.223, the department of juvenile justice services:

             (1) May deny employment to the applicant after allowing the applicant time to correct the information as required pursuant to subsection 2; or

             (2) May terminate the employee after allowing the employee time to correct the information as required pursuant to subsection 2 or 3, or resolve the pending charges pursuant to subsection 4, whichever is applicable; or

      (b) Has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 62G.223, has had a substantiated report of child abuse or neglect made against him or her or has not been satisfactorily cleared by a central registry described in paragraph (b) of subsection 2 of NRS 62G.223, the department of juvenile justice services shall deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable.

      2.  If an applicant for employment or an employee believes that the information in the report from the Federal Bureau of Investigation forwarded to the department of juvenile justice services pursuant to subsection 5 of NRS 62G.223 is incorrect, the applicant or employee must inform the department of juvenile justice services immediately. A department of juvenile justice services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 30 days to correct the information.

      3.  If an employee believes that the information received by the department of juvenile justice services pursuant to subsection 2 of NRS 62G.223 is incorrect, the employee must inform the department of juvenile justice services immediately. A department of juvenile justice services that is so informed shall give the employee a reasonable amount of time of not less than 60 days to correct the information.

      4.  If an employee has pending charges against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 62G.223, the department of juvenile justice services shall allow the employee a reasonable time of not more than 180 calendar days after arrest to resolve the pending charges against the employee. Upon request and good cause shown, the department of juvenile justice services may allow the employee additional time to resolve the pending charges against the employee.

      5.  During the period in which an employee seeks to correct information pursuant to subsection 2 or 3, or resolve pending charges against the employee pursuant to subsection 4, the employee:

      (a) Shall not have contact with a child or a relative or guardian of a child in the course of performing any duties as an employee of the department of juvenile justice services.

      (b) May be placed on leave without pay.

      6.  If the department of juvenile justice services places an employee who is a peace officer on leave without pay pending the outcome of a criminal prosecution, the department of juvenile justice services shall award the employee back pay for the duration of the unpaid leave if:

 


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ê2021 Statutes of Nevada, Page 3769 (CHAPTER 551, SB 317)ê

 

criminal prosecution, the department of juvenile justice services shall award the employee back pay for the duration of the unpaid leave if:

      (a) The charges against the employee are dismissed or the employee is found not guilty at trial; and

      (b) The employee is not subjected to punitive action in connection with the alleged misconduct.

      7.  The department of juvenile justice services may offset any other income earned by the employee during the duration of the unpaid leave against any back pay awarded to the employee pursuant to this section.

      8.  The provisions of subsection 5 are not disciplinary in nature and must not be construed as preventing the department of juvenile justice services from initiating departmental disciplinary procedures against an employee during the period in which an employee seeks to correct information pursuant to subsection 2 or 3, or resolve pending charges against the employee pursuant to subsection 4.

      [7.]9.  A termination of employment pursuant to this section constitutes dismissal for cause for the purposes of NRS 62G.220.

      10.  As used in this section, “peace officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

      Sec. 2. NRS 62G.355 is hereby amended to read as follows:

      62G.355  1.  If the report from the Federal Bureau of Investigation forwarded to the department of juvenile justice services pursuant to subsection 5 of NRS 62G.353, the information received by the department of juvenile justice services pursuant to subsection 2 of NRS 62G.353 or evidence from any other source indicates that an applicant for employment with the department of juvenile justice services, or an employee of the department of juvenile justice services:

      (a) Has charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 62G.353, the department of juvenile justice services:

             (1) May deny employment to the applicant after allowing the applicant time to correct the information as required pursuant to subsection 2; or

             (2) May terminate the employee after allowing the employee time to correct the information as required pursuant to subsection 2 or 3, or resolve pending charges against the employee pursuant to subsection 4, whichever is applicable; or

      (b) Has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 62G.353, has had a substantiated report of child abuse or neglect made against him or her or has not been satisfactorily cleared by a central registry described in paragraph (b) of subsection 2 of NRS 62G.353, the department of juvenile justice services shall deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable.

      2.  If an applicant for employment or an employee believes that the information in the report from the Federal Bureau of Investigation forwarded to the department of juvenile justice services pursuant to subsection 5 of NRS 62G.353 is incorrect, the applicant or employee must inform the department of juvenile justice services immediately. A department of juvenile justice services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 30 days to correct the information.

 


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ê2021 Statutes of Nevada, Page 3770 (CHAPTER 551, SB 317)ê

 

that is so informed shall give the applicant or employee a reasonable amount of time of not less than 30 days to correct the information.

      3.  If an employee believes that the information received by the department of juvenile justice services pursuant to subsection 2 of NRS 62G.353 is incorrect, the employee must inform the department of juvenile justice services immediately. A department of juvenile justice services that is so informed shall give the employee a reasonable amount of time of not less than 60 days to correct the information.

      4.  If an employee has pending charges against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 62G.353, the department of juvenile justice services shall allow the employee a reasonable amount of time of not more than 180 calendar days after arrest to resolve the pending charges against the employee. Upon request from the employee and good cause shown, the department of juvenile justice services may allow the employee additional time to resolve the pending charges against the employee.

      5.  During the period in which an employee seeks to correct information pursuant to subsection 2 or 3, or resolve pending charges against the employee pursuant to subsection 4, the applicant or employee:

      (a) Shall not have contact with a child or a relative or guardian of the child in the course of performing any duties as an employee of the department of juvenile justice services.

      (b) May be placed on leave without pay.

      6.  If the department of juvenile justice services places an employee who is a peace officer on leave without pay pending the outcome of a criminal prosecution, the department of juvenile justice services shall award the employee back pay for the duration of the unpaid leave if:

      (a) The charges against the employee are dismissed or the employee is found not guilty at trial; and

      (b) The employee is not subjected to punitive action in connection with the alleged misconduct.

      7.  The department of juvenile justice services may offset any other income earned by the employee during the duration of the unpaid leave against any back pay awarded to the employee pursuant to this section.

      8.  The provisions of subsection 5 are not disciplinary in nature and must not be construed as preventing a department of juvenile justice services from initiating departmental disciplinary procedures against an employee during the period in which an employee seeks to correct information pursuant to subsection 2 or 3, or resolve pending charges against the employee pursuant to subsection 4.

      [7.]9.  A termination of employment pursuant to this section constitutes dismissal for cause for the purposes of NRS 62G.360.

      10.  As used in this section, “peace officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

      Sec. 3.  The amendatory provisions of this act apply to an employee of a department of juvenile justice services who, on or after July 1, 2021, has a pending charge against the employee for an offense alleged to have been committed on or after July 1, 2021.

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

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ê2021 Statutes of Nevada, Page 3771ê

 

CHAPTER 552, SB 448

Senate Bill No. 448–Senators Brooks, Donate, Cannizzaro, Lange; Denis, Neal, Ohrenschall, Scheible and Spearman

 

Joint Sponsors: Assemblymen Monroe-Moreno, Frierson, Carlton, Marzola, Watts; Bilbray-Axelrod, Brown-May, Duran, Flores, González, Gorelow, Jauregui, C.H. Miller, Nguyen, Orentlicher, Peters, Thomas, Torres and Yeager

 

CHAPTER 552

 

[Approved: June 10, 2021]

 

AN ACT relating to utilities; revising provisions governing partial tax abatements for certain renewable energy facilities; revising provisions governing the use of money in the Renewable Energy Account; repealing provisions governing the Electric Vehicle Infrastructure Demonstration Program; requiring an electric utility to submit a plan to accelerate transportation electrification in this State; requiring an electric utility to file a plan for certain high-voltage transmission infrastructure projects; requiring the Public Utilities Commission of Nevada to require a transmission provider to join a regional transmission organization; creating and setting forth the powers, duties and membership of the Regional Transmission Coordination Task Force; providing that there is no presumption that the expenditures of a utility were prudently incurred for certain purposes; revising the definition of public utility; revising provisions governing the disposal of generation assets; revising provisions governing the Economic Development Electric Rate Rider Program; revising requirements for the energy efficiency plan of an electric utility; abolishing the New Energy Industry Task Force; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a person who intends to locate a facility for the generation of process heat from solar renewable energy or a wholesale facility for the generation of renewable energy in this State to apply to the Director of the Office of Energy within the Office of the Governor for a partial abatement of certain sales and use taxes or property taxes. (NRS 701A.360) Section 7 of this bill authorizes a person who intends to locate a facility for the storage of energy from renewable generation or a hybrid renewable generation and energy storage facility in this State to apply for this partial tax abatement as well. Sections 3-5 of this bill define additional terms related to this partial tax abatement. Section 8 of this bill makes a conforming change to reflect that a partial tax abatement may be granted for a facility for the storage of energy from renewable generation or a hybrid renewable generation and energy storage facility and revises the meaning of the term “wages” for the purposes of determining the eligibility of certain renewable energy facilities for certain partial tax abatements.

      Existing law creates the Renewable Energy Account and requires that not less than 75 percent of the money in the Account be used to offset the cost of electricity to or the use of electricity by certain retail electric customers. (NRS 701A.450) Section 8.5 of this bill removes this requirement and instead provides that the money in the Account must be used for such purposes as the Director may establish by regulation.

      Existing law creates an Electric Vehicle Infrastructure Demonstration Program, in connection with which a utility is required to submit to the Public Utilities Commission of Nevada an annual plan for carrying out the Program in the service area of the utility.

 


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ê2021 Statutes of Nevada, Page 3772 (CHAPTER 552, SB 448)ê

 

area of the utility. (NRS 701B.670) Section 10 of this bill removes the requirement for a utility to submit an annual plan for carrying out the Program. Section 56 of this bill repeals the remaining provisions of law relating to the Program. Sections 9 and 48 of this bill remove provisions of law which reference the Program.

      Existing law requires each electric utility to submit to the Public Utilities Commission of Nevada every 3 years an integrated resource plan to increase the utility’s supply of electricity or decrease the demands made on its system by its customers. Existing law provides that the integrated resource plan must include certain components, including, without limitation, a plan for the construction or expansion of transmission facilities to serve renewable energy zones and to facilitate the utility in meeting the portfolio standard. (NRS 704.741) Sections 39 and 41 of this bill remove the requirement for an electric utility to include a plan for the construction or expansion of transmission facilities to serve renewable energy zones and to facilitate the utility in meeting the portfolio standard in its resource plan. Instead, sections 15-24 of this bill require an electric utility, on or before September 1, 2021, to amend its most recently filed resource plan to include a plan for certain high-voltage transmission infrastructure construction projects that will be placed into service not later than December 31, 2028. Section 39 requires the integrated resource plan, with respect to the possible sources of supply of the electric utility, to include at least one scenario of low carbon dioxide emissions that uses sources of supply that will achieve certain reductions in carbon dioxide emissions. Sections 39 and 41 also revise provisions governing the proposal for certain expenditures related to energy efficiency and conservation programs which must be included in the integrated resource plan.

      Section 30 of this bill requires the Public Utilities Commission of Nevada to require every transmission provider in this State to join a regional transmission organization on or before January 1, 2030, unless the transmission provider obtains a waiver or delay of the requirement from the Commission. Sections 26-29 of this bill define terms related to transmission providers and regional transmission organizations.

      Sections 31-34 of this bill create and set forth the membership and duties of the Regional Transmission Coordination Task Force. Section 33 of this bill requires the Task Force to advise the Governor and the Legislature on topics and policies related to energy transmission in this State, including the costs and benefits of the transmission providers in this State joining a regional transmission organization. Sections 26-29 of this bill define terms related to regional transmission organizations and the Task Force.

      Sections 14 and 39 of this bill require an electric utility to include a plan to accelerate transportation electrification in the distributed resources plan submitted by the utility as part of its integrated resource plan. Section 40 of this bill establishes factors which must be considered by the Commission in deciding whether to accept or modify a transportation electrification plan which has been submitted by a utility. Section 1 of this bill sets forth certain findings of the Legislature which are relevant to the transportation electrification plan. Section 51 of this bill provides that an electric utility is not required to include a transportation electrification plan in its resource plan filed on or before June 1, 2021, but an electric utility is required to file an amendment to its resource plan to add a transportation electrification plan on or before September 1, 2022. Section 38 of this bill makes a conforming change.

      Section 49 of this bill requires an electric utility, on or before September 1, 2021, to file a plan to invest in certain transportation electrification programs during the period beginning January 1, 2022, and ending on December 31, 2024, and establishes requirements for the contents of the transportation electrification investment plan for that period. Section 49 also establishes requirements for the review and the acceptance or modification of the transportation electrification investment plan by the Commission.

      Section 35 of this bill provides that there is no presumption that the expenses, investments or other costs incurred by a utility were prudently incurred and places the burden on the utility to demonstrate that expenses, investments or other costs were prudently and reasonably incurred. Section 37 of this bill makes a conforming change to indicate the proper placement of section 35 in the Nevada Revised Statutes.

 


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ê2021 Statutes of Nevada, Page 3773 (CHAPTER 552, SB 448)ê

 

      Section 36 of this bill provides that a person is not a public utility if he or she owns or operates a net metering system that provides electricity to multiple units or spaces on the same premises as the net metering system if the electricity is delivered only to units or spaces on the same premises as the net metering system, there are no individual meters measuring electricity use by the units or spaces and the persons occupying the units or spaces are not charged for electricity based upon volumetric electricity use.

      Existing law authorizes an electric utility to dispose of its generation assets pursuant to an authorized merger, acquisition or transaction or pursuant to an authorized transfer of its certificate of public convenience and necessity if the merger, acquisition, transaction or transfer satisfies certain requirements, including that the other person in the merger, acquisition, transaction or transfer is not a subsidiary, affiliate or a person that holds a controlling interest in the electric company. (NRS 704.7591) Section 42 of this bill removes the requirement that the other person involved in the merger, acquisition, transaction or transfer is not a subsidiary, affiliate or a person that holds a controlling interest in the electric utility and instead requires that the disposal of the generation assets be approved in an order issued by the Commission.

      Existing law establishes the Economic Development Electric Rate Rider Program to encourage the location or relocation of new businesses in this State by providing discounted rates for electricity to eligible participants. (NRS 704.7871-704.7882) The Commission is required to establish the discounted electric rates that may be charged pursuant to the Program as a percentage of the base tariff energy rate. (NRS 704.7881) Existing law prohibits the Office of Economic Development within the Office of the Governor from accepting an application or approving an applicant for participation in the Program after the earlier of December 31, 2017, or the date on which the capacity set aside for allocation pursuant to the Program is fully allocated. (NRS 704.788) Section 45 of this bill prohibits the Office of Economic Development from accepting an application or approving an applicant for participation in the Program after the earlier of December 31, 2024, or the date on which the capacity set aside for allocation pursuant to the Program is fully allocated. Section 46 of this bill modifies provisions governing the maximum amount of the discount which the Commission is authorized to establish for the rate charged under the Program. Section 47 of this bill requires the Commission to submit a report concerning the Program on or before December 31, 2022, for transmittal to the 82nd Session of the Legislature.

      Existing law requires the Commission to establish goals for energy savings for each electric utility for each calendar year and also requires each electric utility to implement an energy efficiency plan which is cost effective and designed to meet the goals for energy savings established by the Commission. Existing law further requires that at least 5 percent of the expenditures related to energy efficiency programs must be directed toward low-income customers of the electric utility. (NRS 704.741, 704.7836) Sections 39, 41 and 44 of this bill require that at least 10 percent of the expenditures related to energy efficiency programs must be spent on energy efficiency measures for customers in low-income households and residential customers and public schools in historically underserved communities. Additionally, section 44 provides that programs that can offer variable incentive levels must offer higher incentive levels for low-income households. Section 54 of this bill requires an electric utility to amend its energy efficiency plan to conform with the amendatory provisions of this bill. Sections 12 and 13 of this bill define terms relating to the energy efficiency plan. Section 43 makes a conforming change to indicate the proper placement of sections 12 and 13 in the Nevada Revised Statutes.

      Existing law creates the New Energy Industry Task Force which is charged with advising the Director of the Office of Energy on measures to promote the development of renewable energy and energy efficiency projects. (NRS 701.500, 701.510) Section 55 of this bill abolishes the Task Force.

 


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ê2021 Statutes of Nevada, Page 3774 (CHAPTER 552, SB 448)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.  The Legislature hereby finds and declares that:

      1.  Human activities, including, without limitation, the burning of fossil fuels for electricity, transportation and heat in buildings, cause the release of greenhouse gases that trap heat in the Earth’s atmosphere, and these human activities have been and continue to be the primary driver of global climate change.

      2.  The transportation sector now accounts for the greatest percentage of greenhouse gas emission in Nevada, and, based on current policies, is projected to remain the largest contributor of greenhouse gas emissions through 2030.

      3.  Pursuant to NRS 445B.380, the Legislature has established goals to achieve reductions in Nevada’s net greenhouse gas emissions, relative to 2005 emissions, of 28 percent by the year 2025, 45 percent by the year 2030 and zero or near-zero emissions by the year 2050.

      4.  Meeting these greenhouse gas emission goals will require substantial further reductions in Nevada’s transportation sector emissions below the current projected emission levels for that sector for 2025 and 2030.

      5.  Accelerating the use of electric vehicles will help preserve Nevada’s climate and help protect Nevadans from unhealthy air pollution.

      6.  Accelerating the use of electric vehicles will reduce pollution in low-income neighborhoods and communities of color that traditionally have been most affected by transportation pollution.

      7.  The acceleration of the use of electric vehicles will be assisted by investments in the infrastructure necessary to maximize the benefits of the expanding electric vehicle market.

      8.  Widespread adoption of electric vehicles requires that electric utilities increase access to electricity as a transportation fuel, including access for low-income Nevadans and historically underserved communities.

      9.  Widespread adoption of electric vehicles should provide consumers with fuel cost savings and electric utility customers with potential cost-saving benefits.

      10.  Widespread adoption of electric vehicles should stimulate innovation, competition and increased choices in charging equipment and networks and should also attract private capital investments and create high-quality jobs in Nevada.

      11.  Widespread adoption of electric vehicles should improve an electric utility’s electrical system efficiency and operational flexibility, including, without limitation, the ability of the electric utility to integrate variable renewable energy generation resources and to make use of off-peak generation resources.

      Sec. 2. Chapter 701A of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5 of this act.

      Sec. 3. “Energy storage technology” means technology that stores energy as potential, kinetic, chemical or thermal energy that can be released at a later time, including, without limitation, batteries, flywheels, electrochemical capacitors, compressed-air storage and thermal storage devices.

 


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ê2021 Statutes of Nevada, Page 3775 (CHAPTER 552, SB 448)ê

 

      Sec. 4. 1.  “Facility for the storage of energy from renewable generation” means a facility that is constructed or installed for the sole purpose of storing electric energy received from a facility for the generation of electricity from renewable energy for release at a later time, including, without limitation, a facility that is designed to use energy storage technology.

      2.  The term does not include a facility that is located on a residential property.

      Sec. 5. “Hybrid renewable generation and energy storage facility” means a facility that includes both a wholesale facility for the generation of electricity from renewable energy and a facility for the storage of energy from renewable generation.

      Sec. 6. NRS 701A.300 is hereby amended to read as follows:

      701A.300  As used in NRS 701A.300 to 701A.390, inclusive, and sections 3, 4 and 5 of this act, unless the context otherwise requires, the words and terms defined in NRS 701A.305 to 701A.345, inclusive, and sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 7. NRS 701A.360 is hereby amended to read as follows:

      701A.360  1.  A person who intends to locate a facility for the generation of process heat from solar renewable energy , [or] a wholesale facility for the generation of electricity from renewable energy , a facility for the storage of energy from renewable generation or a hybrid renewable generation and energy storage facility in this State may apply to the Director for a partial abatement of the local sales and use taxes, the taxes imposed pursuant to chapter 361 of NRS, or both local sales and use taxes and taxes imposed pursuant to chapter 361 of NRS. An applicant may submit a copy of the application to the board of county commissioners at any time after the applicant has submitted the application to the Director.

      2.  A facility that is owned, operated, leased or otherwise controlled by a governmental entity is not eligible for an abatement pursuant to NRS 701A.300 to 701A.390, inclusive [.] , and sections 3, 4 and 5 of this act.

      3.  As soon as practicable after the Director receives an application for a partial abatement, the Director shall forward a copy of the application to:

      (a) The Chief of the Budget Division of the Office of Finance;

      (b) The Department of Taxation;

      (c) The board of county commissioners;

      (d) The county assessor;

      (e) The county treasurer; and

      (f) The Office of Economic Development.

      4.  With the copy of the application forwarded to the county treasurer, the Director shall include a notice that the local jurisdiction may request a presentation regarding the facility. A request for a presentation must be made within 30 days after receipt of the application.

      5.  The Director shall hold a public hearing on the application. The hearing must not be held earlier than 30 days after all persons listed in subsection 3 have received a copy of the application.

      Sec. 8. NRS 701A.365 is hereby amended to read as follows:

      701A.365  1.  The Director, in consultation with the Office of Economic Development, shall approve an application for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, and sections 3, 4 and 5 of this act if the Director, in consultation with the Office of Economic Development, makes the following determinations:

 


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ê2021 Statutes of Nevada, Page 3776 (CHAPTER 552, SB 448)ê

 

of this act if the Director, in consultation with the Office of Economic Development, makes the following determinations:

      (a) The applicant has executed an agreement with the Director which must:

             (1) State that the facility will, after the date on which the abatement becomes effective, continue in operation in this State for a period specified by the Director, which must be at least 10 years, and will continue to meet the eligibility requirements for the abatement; and

             (2) Bind the successors in interest in the facility for the specified period.

      (b) The facility is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the facility operates.

      (c) No funding is or will be provided by any governmental entity in this State for the acquisition, design or construction of the facility or for the acquisition of any land therefor, except any private activity bonds as defined in 26 U.S.C. § 141.

      (d) Except as otherwise provided in paragraph (e), if the facility will be located in a county whose population is 100,000 or more or a city whose population is 60,000 or more, the facility meets the following requirements:

             (1) There will be 75 or more full-time employees working on the construction of the facility during the second quarter of construction, including, unless waived by the Director for good cause, at least 50 percent who are residents of Nevada;

             (2) Establishing the facility will require the facility to make a capital investment of at least $10,000,000 in this State in capital assets that will be retained at the location of the facility until at least the date which is 5 years after the date on which the abatement becomes effective;

             (3) The average hourly wage that will be paid by the facility to its employees in this State is at least 110 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year; and

             (4) Except as otherwise provided in subsection 6, the average hourly wage of the employees working on the construction of the facility will be at least 175 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                   (I) The employees working on the construction of the facility must be provided a health insurance plan that is provided by a third-party administrator and includes health insurance coverage for dependents of the employees; and

                   (II) The cost of the benefits provided to the employees working on the construction of the facility will meet the minimum requirements for benefits established by the Director by regulation pursuant to NRS 701A.390.

      (e) If the facility will be located in a county whose population is less than 100,000, in an area of a county whose population is 100,000 or more that is located within the geographic boundaries of an area that is designated as rural by the United States Department of Agriculture and at least 20 miles outside of the geographic boundaries of an area designated as urban by the United States Department of Agriculture, or in a city whose population is less than 60,000, the facility meets the following requirements:

 


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ê2021 Statutes of Nevada, Page 3777 (CHAPTER 552, SB 448)ê

 

United States Department of Agriculture, or in a city whose population is less than 60,000, the facility meets the following requirements:

             (1) There will be 50 or more full-time employees working on the construction of the facility during the second quarter of construction, including, unless waived by the Director for good cause, at least 50 percent who are residents of Nevada;

             (2) Establishing the facility will require the facility to make a capital investment of at least $3,000,000 in this State in capital assets that will be retained at the location of the facility until at least the date which is 5 years after the date on which the abatement becomes effective;

             (3) The average hourly wage that will be paid by the facility to its employees in this State is at least 110 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year; and

             (4) Except as otherwise provided in subsection 6, the average hourly wage of the employees working on the construction of the facility will be at least 175 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                   (I) The employees working on the construction of the facility must be provided a health insurance plan that is provided by a third-party administrator and includes health insurance coverage for dependents of the employees; and

                   (II) The cost of the benefits provided to the employees working on the construction of the facility will meet the minimum requirements for benefits established by the Director by regulation pursuant to NRS 701A.390.

      (f) The financial benefits that will result to this State from the employment by the facility of the residents of this State and from capital investments by the facility in this State will exceed the loss of tax revenue that will result from the abatement.

      (g) The facility is consistent with the State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053.

      2.  The Director shall not approve an application for a partial abatement of the taxes imposed pursuant to chapter 361 of NRS submitted pursuant to NRS 701A.360 by a facility for the generation of process heat from solar renewable energy , [or] a wholesale facility for the generation of electricity from renewable energy , a facility for the storage of energy from renewable generation or a hybrid renewable generation and energy storage facility unless the application is approved or deemed approved pursuant to this subsection. The board of county commissioners of a county must provide notice to the Director that the board intends to consider an application and, if such notice is given, must approve or deny the application not later than 30 days after the board receives a copy of the application. The board of county commissioners:

      (a) Shall, in considering an application pursuant to this subsection, make a recommendation to the Director regarding the application;

 


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ê2021 Statutes of Nevada, Page 3778 (CHAPTER 552, SB 448)ê

 

      (b) May, in considering an application pursuant to this subsection, deny an application only if the board of county commissioners determines, based on relevant information, that:

             (1) The projected cost of the services that the local government is required to provide to the facility will exceed the amount of tax revenue that the local government is projected to receive as a result of the abatement; or

             (2) The projected financial benefits that will result to the county from the employment by the facility of the residents of this State and from capital investments by the facility in the county will not exceed the projected loss of tax revenue that will result from the abatement;

      (c) Must not condition the approval of the application on a requirement that the facility agree to purchase, lease or otherwise acquire in its own name or on behalf of the county any infrastructure, equipment, facilities or other property in the county that is not directly related to or otherwise necessary for the construction and operation of the facility; and

      (d) May, without regard to whether the board has provided notice to the Director of its intent to consider the application, make a recommendation to the Director regarding the application.

Ê If the board of county commissioners does not approve or deny the application within 30 days after the board receives from the Director a copy of the application, the application shall be deemed approved.

      3.  Notwithstanding the provisions of subsection 1, the Director, in consultation with the Office of Economic Development, may, if the Director, in consultation with the Office, determines that such action is necessary:

      (a) Approve an application for a partial abatement for a facility that does not meet any requirement set forth in subparagraph (1) or (2) of paragraph (d) of subsection 1 or subparagraph (1) or (2) of paragraph (e) of subsection 1; or

      (b) Add additional requirements that a facility must meet to qualify for a partial abatement.

      4.  The Director shall cooperate with the Office of Economic Development in carrying out the provisions of this section.

      5.  The Director shall submit to the Office of Economic Development an annual report, at such a time and containing such information as the Office may require, regarding the partial abatements granted pursuant to this section.

      6.  The provisions of subparagraph (4) of paragraph (d) of subsection 1 and subparagraph (4) of paragraph (e) of subsection 1 concerning the average hourly wage of the employees working on the construction of a facility do not apply to the wages of an apprentice as that term is defined in NRS 610.010.

      7.  As used in this section, “wage” or “wages”:

      (a) Means [the] :

             (1) The basic hourly rate of pay [.] ; and

             (2) The amount of any hourly contribution made to a third-party administrator pursuant to a pension plan or vacation plan which is for the benefit of the employee.

      (b) [Does] Except as provided in paragraph (a), does not include the amount of any health insurance plan, pension or other bona fide fringe benefits which are a benefit to the employee.

 


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ê2021 Statutes of Nevada, Page 3779 (CHAPTER 552, SB 448)ê

 

      Sec. 8.5. NRS 701A.450 is hereby amended to read as follows:

      701A.450  1.  The Renewable Energy Account is hereby created in the State General Fund.

      2.  The Director of the Office of Energy appointed pursuant to NRS 701.150 shall administer the Account.

      3.  The interest and income earned on the money in the Account must be credited to the Account.

      4.  [Not less than 75 percent of the] The money in the Account must be used [to offset the cost of electricity to or the use of electricity by retail customers of a public utility that is subject to the portfolio standard established by the Public Utilities Commission of Nevada pursuant to NRS 704.7821.] for such purposes as the Director of the Office of Energy may establish by regulation.

      5.  Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      6.  The Director [of the Office of Energy] may by regulation establish [:

      (a) Other uses of the money in the Account; and

      (b) A] a procedure by which any officer or employee of the State to whom the Director has made a loan or other distribution of money from the Account may enter into an agreement with the Director pursuant to which repayment of the loan or other distribution of money may be made through payroll deductions.

      Sec. 9. NRS 701B.005 is hereby amended to read as follows:

      701B.005  1.  For the purposes of carrying out the Solar Energy Systems Incentive Program created by NRS 701B.240, and subject to the limitations prescribed by subsections 2 and 3, the Public Utilities Commission of Nevada shall set incentive levels and schedules, with a goal of approving solar energy systems totaling at least 250,000 kilowatts of capacity in this State for the period beginning on July 1, 2010, and ending on December 31, 2021.

      2.  Subject to the limitation prescribed by subsection 3, the Commission may authorize the payment of an incentive pursuant to the Solar Energy Systems Incentive Program created by NRS 701B.240, the Wind Energy Systems Demonstration Program created by NRS 701B.580 [, the Electric Vehicle Infrastructure Demonstration Program created by NRS 701B.670] and the Waterpower Energy Systems Demonstration Program created by NRS 701B.820 if the payment of the incentive would not cause the total amount of incentives paid by all utilities in this State for the installation of [electric vehicle infrastructure,] solar energy systems, solar distributed generation systems, energy storage systems, wind energy systems and waterpower energy systems to exceed $295,270,000 for the period beginning on July 1, 2010, and ending on December 31, 2025.

      3.  For the period beginning on January 1, 2018, and ending on December 31, 2023, the Commission shall, from the money allocated for the payment of an incentive pursuant to subsection 2, authorize the payment of incentives in an amount of not more than $1,000,000 per year for the installation of solar energy systems and distributed generation systems at locations throughout the service territories of utilities in this State that benefit low-income customers, including, without limitation, homeless shelters, low-income housing developments and public entities, other than municipalities, that serve significant populations of low-income residents.

 


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ê2021 Statutes of Nevada, Page 3780 (CHAPTER 552, SB 448)ê

 

      4.  The Commission may, subject to the limitations prescribed by subsections 2 and 3, authorize the payment of performance-based incentives for the period ending on December 31, 2025.

      5.  A utility may file with the Commission one combined annual plan which meets the requirements set forth in NRS 701B.230, 701B.610 and 701B.850. The Commission shall review and approve any plan submitted pursuant to this subsection in accordance with the requirements of NRS 701B.230, 701B.610 and 701B.850, as applicable.

      6.  As used in this section:

      (a) “Distributed generation system” has the meaning ascribed to it in NRS 701B.055.

      (b) [“Electric vehicle infrastructure” has the meaning ascribed to it in NRS 701B.670.

      (c)] “Energy storage system” has the meaning ascribed to it in NRS 701B.057.

      [(d)](c) “Municipality” means any county or city in this State.

      [(e)](d) “Utility” means a public utility that supplies electricity in this State.

      Sec. 10. NRS 701B.670 is hereby amended to read as follows:

      701B.670  1.  The Legislature hereby finds and declares that it is the policy of this State to expand and accelerate the deployment of electric vehicles and supporting infrastructure throughout this State.

      2.  The Electric Vehicle Infrastructure Demonstration Program is hereby created.

      3.  The Commission shall adopt regulations to carry out the provisions of the Electric Vehicle Infrastructure Demonstration Program . [, including, without limitation, regulations that require a utility to submit to the Commission an annual plan for carrying out the Program in its service area. The annual plan submitted by a utility may include any measure to promote or incentivize the deployment of electric vehicle infrastructure, including, without limitation:

      (a) The payment of an incentive to a customer of the utility that installs or provides electric vehicle infrastructure;

      (b) Qualifications and requirements an applicant must meet to be eligible to be awarded an incentive;

      (c) The imposition of a rate by the utility to require the purchase of electric service for the charging of an electric vehicle at a rate which is based on the time of day, day of the week or time of year during which the electricity is used, or which otherwise varies based upon the time during which the electricity is used, if a customer of the utility participates in the Electric Vehicle Infrastructure Demonstration Program;

      (d) The establishment of programs directed by the utility to promote electric vehicle infrastructure, including, without limitation, education and awareness programs for customers of the utility, programs to provide technical assistance related to the charging of electric vehicles to governmental entities or the owners or operators of large fleets of motor vehicles and programs to create partnerships with private organizations to promote the development of electric vehicle infrastructure; and

      (e) The payment of an incentive to a customer of the utility that is a public school, as defined in NRS 385.007, that installs electric vehicle infrastructure on the property of the public school or purchases electric vehicles dedicated to the transportation of students, not to exceed 75 percent of the cost to install such infrastructure or purchase such vehicles.]

 


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ê2021 Statutes of Nevada, Page 3781 (CHAPTER 552, SB 448)ê

 

vehicles dedicated to the transportation of students, not to exceed 75 percent of the cost to install such infrastructure or purchase such vehicles.]

      4.  [The Commission shall:

      (a) Review each annual plan submitted by a utility pursuant to the regulations adopted pursuant to subsection 3 for compliance with the requirements established by the Commission; and

      (b) Approve each annual plan with such modifications and upon such terms and conditions as the Commission finds necessary or appropriate to facilitate the Electric Vehicle Infrastructure Demonstration Program.

      5.]  Each utility:

      (a) Shall carry out and administer the Electric Vehicle Infrastructure Demonstration Program within its service area [in accordance with its annual plan] as approved by the Commission ; [pursuant to subsection 4;] and

      (b) May recover its reasonable and prudent costs, including, without limitation, customer incentives, that are associated with carrying out and administering the Program within its service area by seeking recovery of those costs in an appropriate proceeding before the Commission pursuant to NRS 704.110.

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

      (a) “Electric vehicle” means a vehicle powered solely by one or more electric motors.

      (b) “Electric vehicle infrastructure” includes, without limitation, electric vehicles and the charging stations for the recharging of electric vehicles.

      Sec. 11. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 12 to 35, inclusive, of this act.

      Sec. 12. 1.  “Historically underserved community” means:

      (a) A census tract:

             (1) Designated as a qualified census tract by the Secretary of Housing and Urban Development pursuant to 26 U.S.C. § 42(d)(5)(B)(ii); or

             (2) In which, in the immediately preceding census, at least 20 percent of households were not proficient in the English language;

      (b) A public school in this State:

             (1) In which 75 percent or more of the enrolled pupils in the school are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq.; or

             (2) That participates in universal meal service in high poverty areas pursuant to Section 104 of the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296; or

      (c) Qualified tribal land, as defined in NRS 370.0325.

      2.  As used in this section:

      (a) “Block” means the smallest geographical unit whose boundaries were designated by the Bureau of the Census of the United States Department of Commerce in its topographically integrated geographic encoding and referencing system.

      (b) “Block group” means a combination of blocks whose numbers begin with the same digit.

      (c) “Census tract” means a combination of block groups.

      Sec. 13. “Low-income household” means a household, which may include one or more persons, with a median household income of not more than 80 percent of the area median household income, based on the guidelines published by the United States Department of Housing and Urban Development.

 


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ê2021 Statutes of Nevada, Page 3782 (CHAPTER 552, SB 448)ê

 

than 80 percent of the area median household income, based on the guidelines published by the United States Department of Housing and Urban Development.

      Sec. 14. 1.  An electric utility in this State shall file with the Commission, as part of the distributed resources plan required to be submitted pursuant to NRS 704.741, a plan to accelerate transportation electrification in this State. Two or more electric utilities that are affiliated through common ownership and that have an interconnected system for the transmission of electricity shall submit a joint plan.

      2.  A plan submitted pursuant to subsection 1 may include:

      (a) Investments or incentives to facilitate the deployment of charging infrastructure and associated electrical equipment which supports transportation electrification across all customer classes including, without limitation, investments or incentives for residential charging infrastructure at single-family homes and multi-unit dwellings for both shared and assigned parking spaces;

      (b) Investments or incentives to facilitate the electrification of public transit and publicly owned vehicle fleets;

      (c) Investments or incentives to increase access to the use of electricity as a transportation fuel in historically underserved communities;

      (d) Rate designs, programs or management systems that encourage the charging of vehicles in a manner that supports the operation and optimal integration of transportation electrification into the electric grid, including, without limitation, proposed schedules necessary to implement the rate designs or programs; and

      (e) Customer education and culturally competent and linguistically appropriate outreach programs that increase awareness of investments, incentives, rate designs and programs of the type listed in paragraphs (a) to (d), inclusive, and of the benefits of transportation electrification.

      3.  During the 9 months immediately before an electric utility files its first plan pursuant to subsection 1 and during the 12 months immediately before an electric utility files any subsequent plan pursuant to subsection 1, the electric utility shall conduct at least one stakeholder engagement meeting each calendar quarter to discuss the development of the plan and to solicit comments and gather ideas for improvements or additions to the plan which support transportation electrification. Each stakeholder engagement meeting must be open to participation by the Regulatory Operations Staff of the Commission, personnel from the Bureau of Consumer Protection in the Office of the Attorney General and any other interested person. Each plan filed pursuant to subsection 1 must include a summary of the stakeholder engagement meetings conducted in the 9- or 12-month period, as applicable, immediately preceding the filing of the plan, which must include, without limitation, summaries of the comments and ideas provided by the participants.

      4.  Not more than 60 days after the issuance of an order by the Commission pursuant to NRS 704.751 approving or modifying a plan submitted pursuant to subsection 1, an electric utility which supplies electricity in this State shall file with the Commission any schedules necessary to implement the rate designs and programs included in the plan.

 


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ê2021 Statutes of Nevada, Page 3783 (CHAPTER 552, SB 448)ê

 

      5.  The Commission shall adopt regulations necessary to carry out the provisions of this section. The regulations adopted pursuant to this section may require an annual review of the progress and budgets of an approved plan submitted pursuant to this section.

      6.  To the extent that a plan submitted pursuant to subsection 1 includes programs in which customers may participate, eligibility for participation by customers in such programs must be offered by the electric utility on a nondiscriminatory basis to both bundled retail customers and eligible customers, as defined in NRS 704B.080, who purchase or plan to purchase electricity from a provider of new electric resources, as defined in NRS 704B.130.

      7.  As used in this section:

      (a) “Block” means the smallest geographical unit whose boundaries were designated by the Bureau of the Census of the United States Department of Commerce in its topographically integrated geographic encoding and referencing system.

      (b) “Block group” means a combination of blocks whose numbers begin with the same digit.

      (c) “Census tract” means a combination of block groups.

      (d) “Electric utility” has the meaning ascribed to it in NRS 704.187.

      (e) “Historically underserved community” means:

             (1) A census tract:

                   (I) Designated as a qualified census tract by the Secretary of Housing and Urban Development pursuant to 26 U.S.C. § 42(d)(5)(B)(ii); or

                   (II) In which, in the immediately preceding census, at least 20 percent of households were not proficient in the English language;

             (2) A public school in this State:

                   (I) In which 75 percent or more of the enrolled pupils in the school are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq.; or

                   (II) That participates in universal meal service in high poverty areas pursuant to Section 104 of the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296; or

             (3) Qualified tribal land, as defined in NRS 370.0325.

      (f) “Transportation electrification” means the use of electricity from external sources to power, wholly or in part, passenger vehicles, trucks, buses, trains, boats or other equipment that transports goods or people.

      Sec. 15. As used in sections 15 to 24, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 16 to 20, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 16. “Electric utility” has the meaning ascribed to it in NRS 704.187.

      Sec. 17. “Electric utility that primarily serves densely populated counties” has the meaning ascribed to it in NRS 704.110.

      Sec. 18. “Electric utility that primarily serves less densely populated counties” has the meaning ascribed to it in NRS 704.110.

      Sec. 19. “High-voltage transmission infrastructure” means bulk transmission lines capable of transmitting electricity at a voltage of 345 kilovolts or more, and associated electrical substations and substation expansions to accommodate the transmission lines.

 


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      Sec. 20. “Transmission infrastructure for a clean energy economy plan” or “plan” means a plan filed by an electric utility with the Commission pursuant to section 21 of this act.

      Sec. 21. 1.  On or before September 1, 2021, an electric utility shall file an amendment to its most recent resource plan filed pursuant to NRS 704.741 to incorporate into the resource plan a transmission infrastructure for a clean energy economy plan which sets forth a plan for the construction of high-voltage transmission infrastructure that will be placed into service not later than December 31, 2028, to:

      (a) Assure a reliable and resilient transmission network in this State to serve the existing and currently projected transmission service obligations of the electric utility;

      (b) Assist the utility in meeting the portfolio standard established by NRS 704.7821 and the goals for the reduction of greenhouse gas emissions set forth in NRS 445B.380 and 704.7820;

      (c) Promote economic development in this State, including, without limitation, by creating jobs, expanding the tax base or providing other economic benefits;

      (d) Expand transmission access to renewable energy zones designated by the Commission pursuant to subsection 2 of NRS 704.741 to promote the development and use of renewable energy resources in this State;

      (e) Use federally granted rights-of-way within designated renewable energy transmission corridors before the expiration of such rights-of-way; and

      (f) Support the development of regional transmission interconnections that may be required for:

             (1) This State to cost-effectively achieve the goals for the reduction of greenhouse gas emissions set forth in NRS 445B.380 and 704.7820; and

             (2) The electric utility to participate fully in any future organized competitive regional wholesale electricity market on the Western Interconnection.

Ê Two or more utilities that are affiliated through common ownership and that have an interconnected system for the transmission of electricity shall submit a joint plan.

      2.  The plan submitted pursuant to subsection 1 must not include any project other than the following high-voltage transmission infrastructure projects for which the Commission has previously approved conceptual designs, permitting and land acquisition:

      (a) A project for the implementation of high-voltage transmission infrastructure interconnecting northwest and northeast Nevada, which will increase the transmission import capacity of northern Nevada by not less than 800 megawatts.

      (b) A project for the implementation of high-voltage transmission infrastructure located in southern Nevada and accessing a federally designated renewable energy transmission corridor that will accommodate future renewable energy development and increased demand for electricity.

      3.  Except as otherwise provided in this subsection, if an electric utility that primarily serves densely populated counties and an electric utility that primarily serves less densely populated counties submit a joint plan pursuant to subsection 1, 70 percent of the costs of high-voltage transmission infrastructure projects included in the plan must be allocated to the electric utility that primarily serves densely populated counties and 30 percent of such costs must be allocated to the electric utility that primarily serves less densely populated counties.

 


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and 30 percent of such costs must be allocated to the electric utility that primarily serves less densely populated counties. The Commission may review and reassess the allocation of costs between electric utilities based on the actual benefits that accrue to the electric utilities after the projects are in service. The Commission retains full authority to decide any request by an electric utility for the recovery of such costs before a high-voltage transmission infrastructure project is placed into service, and to determine if any proposed financial incentive will be provided on the recovery of such costs.

      4.  The plan submitted pursuant to subsection 1 must include an evaluation of the impact that the implementation of the plan will have on:

      (a) The reliability of the transmission network of the utility;

      (b) The resilience of the transmission network of the utility, including, without limitation, the ability of the transmission network to withstand natural or manmade events that could otherwise disrupt the provision of electric service in this State;

      (c) The development and use of renewable energy resources in this State;

      (d) Economic activity and economic development in this State over a period of not less than 20 years from the date of the plan, including, without limitation, capital investments, the direct or indirect creation of jobs and additions to the tax base of this State;

      (e) The projected carbon dioxide emissions of the utility resulting from the generation of electricity, including, without limitation, carbon dioxide emissions from the generation of electricity that is purchased by the electric utility;

      (f) The ability of the utility to diversify its supply portfolio of renewable energy resources by including larger amounts of geothermal energy generation and hydrogeneration;

      (g) The ability of the utility to reliably integrate into its supply portfolio larger amounts of electricity from variable renewable energy resources, including, without limitation, solar and wind energy resources;

      (h) The ability of the utility to reduce its energy supply costs by selling to other states electricity generated in this State from renewable energy during periods when the utility’s supply of electricity exceeds the demand for electricity by the customers of the utility;

      (i) The ability of the utility to reduce its energy supply costs by purchasing electricity generated in other states from renewable energy during periods when the demand for electricity by the customers of the utility exceeds the availability of electricity from renewable generation in this State;

      (j) The utility’s provision of open access to interstate and intrastate transmission services, in accordance with the utility’s open access transmission tariff, to other persons in this State using the utility’s transmission network, including, without limitation, eligible customers, as defined in NRS 704B.080, and providers of new electric resources, as defined in NRS 704B.130, who are or intend to become customers of the utility’s interstate transmission services;

      (k) The ability of the utility to accommodate requests for access to renewable energy resources that will allow customers who want to acquire all of their energy from zero carbon dioxide emission resources to do so;

 


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      (l) The development of regional transmission interconnections that may be required for this State to cost-effectively achieve the goals for the reduction of greenhouse gas emissions set forth in NRS 445B.380 and 704.7820 or for the electric utility to participate fully in any future organized competitive regional wholesale electricity market on the Western Interconnection;

      (m) The rates charged to the bundled retail customers of the utility; and

      (n) The financial risk to the customers of the utility.

      5.  As used in this section, “Western Interconnection” means the synchronously operated electric transmission grid located in the western part of North America, including parts of Montana, Nebraska, New Mexico, South Dakota, Texas, Wyoming and Mexico and all of Arizona, California, Colorado, Idaho, Nevada, Oregon, Utah, Washington and the Canadian Provinces of British Columbia and Alberta.

      Sec. 22. 1.  In implementing a transmission infrastructure for a clean energy economy plan, an electric utility shall mitigate costs to the extent possible by utilizing available federal tax incentives and federal funding, including, without limitation, direct and indirect grants and loan guarantees.

      2.  If, in any general rate proceeding filed by an electric utility pursuant to NRS 704.110 or 704.7621, the electric utility includes a request for recovery of any amount related to the implementation of a transmission infrastructure for a clean energy economy plan and the recovery of such an amount would result in an increase in the electric utility’s total revenue requirement of more than 10 percent, the utility must propose a method or mechanism by which such an increase may be mitigated. The Commission may accept or reject such a rate method or mechanism and is not obligated to implement any proposed mitigation plan. If a mechanism is implemented to mitigate an increase in the electric utility’s total revenue requirement pursuant to this section, the electric utility is entitled to recover all of its prudently and reasonably incurred costs and a return on its investment. Nothing in this subsection shall be construed as requiring the Commission to provide a financial incentive to an electric utility.

      Sec. 23. An electric utility may file an amendment to a transmission infrastructure for a clean energy economy plan as an amendment to its resource plan as provided in NRS 704.751.

      Sec. 24. If the Commission deems inadequate any portion of a transmission infrastructure for a clean energy economy plan or any amendment to the plan, the Commission, as provided in NRS 704.751, may recommend to the electric utility a modification of that portion of the plan or amendment, and the electric utility may:

      1.  Accept the modification; or

      2.  Withdraw the proposed plan or amendment.

      Sec. 25. As used in sections 25 to 34, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 26 to 29, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 26. “Regional transmission organization” means an entity established for the purpose of coordinating and efficiently managing the dispatch and transmission of electricity among public utilities on a multistate or regional basis that:

 


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      1.  Is approved by the Federal Energy Regulatory Commission;

      2.  Effectuates separate control of transmission facilities from control of generation facilities;

      3.  Implements, to the extent reasonably possible, policies and procedures designed to minimize pancaked transmission rates;

      4.  Improves service reliability within this State;

      5.  Achieves the objectives of an open and competitive wholesale electric generation marketplace, elimination of barriers to market entry and preclusion of control of bottleneck electric transmission facilities in the provision of retail electric service;

      6.  Is of sufficient scope or otherwise operates to substantially increase economical supply options for customers;

      7.  Has a structure of governance or control that is independent of the users of the transmission facilities, and no member of its board of directors has an affiliation with a user or with an affiliate of a user during the member’s tenure on the board so as to unduly affect the regional transmission organization’s performance;

      8.  Operates under policies that promote positive performance designed to satisfy the electricity requirements of customers;

      9.  Has an inclusive and open stakeholder process that does not place unreasonable burdens on or preclude meaningful participation by any stakeholder group;

      10.  Promotes and assists new economic development in this State; and

      11.  Is capable of maintaining real-time reliability of the transmission system, ensuring comparable and nondiscriminatory access and necessary service, minimizing system congestion and further addressing real or potential transmission constraints.

      Sec. 27. “Task Force” means the Regional Transmission Coordination Task Force created by section 31 of this act.

      Sec. 28. “Transmission provider” means a public utility that owns, controls or operates facilities used for the transmission of electricity in interstate commerce and provides transmission service under a tariff approved by the Federal Energy Regulatory Commission.

      Sec. 29. “User” means any entity or affiliate of an entity that buys or sells electricity in the regional transmission organization’s region or in a neighboring region.

      Sec. 30. 1.  Except as otherwise provided in subsection 2, the Commission shall require every transmission provider in this State to join a regional transmission organization on or before January 1, 2030.

      2.  Upon application by a transmission provider, the Commission may waive or delay the requirement in subsection 1 if:

      (a) The transmission provider files an application with the Commission on or before January 1, 2027, requesting the waiver or delay;

      (b) The transmission provider demonstrates:

             (1) That the transmission provider has made all reasonable efforts to comply with the requirement but is unable to find a viable and available regional transmission organization that the transmission provider can join on or before January 1, 2030; or

             (2) That it would not be in the best interests of the transmission provider and its customers to join a regional transmission organization on or before January 1, 2030; and

 


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      (c) The Commission determines that it is in the public interest to grant the requested waiver or delay.

      Sec. 31. 1.  The Regional Transmission Coordination Task Force is hereby created.

      2.  The Governor shall appoint a person to act as the Chair of the Task Force who serves at the pleasure of the Governor. The Chair is a voting member of the Task Force.

      3.  In addition to the Chair, the Task Force consists of:

      (a) The following voting members, appointed by the Governor:

             (1) A representative of an electric utility that primarily serves densely populated counties, as defined in NRS 704.110;

             (2) A representative of an organization that represents rural electric cooperatives and municipally owned electric utilities in this State;

             (3) A representative of the Colorado River Commission;

             (4) A representative of a transmission line development company operating in this State;

             (5) A representative of the large-scale solar energy industry in this State;

             (6) A representative of the geothermal energy industry in this State;

             (7) A representative of the data center businesses in this State;

             (8) A representative of an organization that represents the mining industry in this State;

             (9) A representative of an organization that represents the gaming and resort businesses in this State;

             (10) A representative of a labor organization in this State;

             (11) A representative of an organization in this State that advocates on behalf of environmental or public lands issues who has expertise in or knowledge of environmental or public lands issues;

             (12) A representative of the Nevada Indian Commission;

             (13) A representative of the Office of Energy;

             (14) A representative of the Office of Economic Development;

             (15) Two members of the Senate, nominated by the Majority Leader of the Senate, at least one of whom must be a member of the minority political party;

             (16) Two members of the Assembly, nominated by the Speaker of the Assembly, at least one of whom must be a member of the minority political party; and

             (17) Not more than three persons who represent the general public.

      (b) The following nonvoting members, appointed by the Governor:

             (1) A representative of the Public Utilities Commission of Nevada; and

             (2) A representative of the Bureau of Consumer Protection in the Office of the Attorney General.

      Sec. 32. 1.  The Task Force shall meet at least two times each year at the call of the Chair.

      2.  The Chair may appoint working groups, chaired by one or more members of the Task Force and composed of persons with subject matter expertise, to aid in the work of the Task Force.

      3.  The Chair may issue guidelines for the operation of the Task Force and amend those guidelines as needed for the management and governance of the Task Force.

 


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governance of the Task Force. The Chair shall identify and approve the scope of work and issues to be addressed by the Task Force and any working group.

      4.  A majority of the voting members of the Task Force constitutes a quorum, and a quorum may exercise all the powers conferred on the Task Force.

      5.  The members of the Task Force serve at the pleasure of the Governor.

      6.  The members of the Task Force serve without compensation.

      Sec. 33. 1.  The Task Force shall advise the Governor and the Legislature on:

      (a) The potential costs and benefits to transmission providers and their customers in this State of forming or joining a regional transmission organization which provides access to an organized competitive regional wholesale electricity market;

      (b) Policies that will accommodate entrance by transmission providers in this State into a regional transmission organization by January 1, 2030;

      (c) Policies that will site transmission facilities necessary to achieve this State’s clean energy and economic development goals;

      (d) Potential areas in this State where growth in demand for electricity or growth in renewable energy generation would be accommodated by additional transmission or regional market opportunities; and

      (e) Businesses and industries that could locate in this State as a result of this State’s position in an organized competitive regional wholesale electricity market.

      2.  The Task Force shall, not later than November 30, 2022, and every 2 years thereafter, submit to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a report on its activities, including any recommended legislation needed to enable entrance by transmission providers in this State into a regional transmission organization.

      Sec. 34. 1.  The Office of Energy shall provide the personnel, facilities, equipment and supplies required by the Task Force to carry out the provisions of sections 31 to 34, inclusive, of this act.

      2.  To aid and inform the Task Force in carrying out its duties pursuant to section 33 of this act, the Commission, in consultation with the Task Force, may engage a knowledgeable and independent third party to analyze all factors deemed necessary to assess the potential costs and benefits to transmission providers and their customers of forming or joining a regional transmission organization.

      Sec. 35. Except as otherwise provided in this chapter, when the Commission reviews an application to make changes in any schedule, there is no presumption that any recorded expenses, investments or other costs included in the application were prudently incurred, unless the Commission has previously determined that such expenses, investments or other costs were prudently incurred. The public utility has the burden of proving that an expense, investment or cost was reasonably and prudently incurred.

 


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ê2021 Statutes of Nevada, Page 3790 (CHAPTER 552, SB 448)ê

 

      Sec. 36. NRS 704.021 is hereby amended to read as follows:

      704.021  “Public utility” or “utility” does not include:

      1.  Persons engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission of natural gas other than as a common carrier transmission or distribution line or system.

      2.  Persons engaged in the business of furnishing, for compensation, water or services for the disposal of sewage, or both, to persons within this State if:

      (a) They serve 25 persons or less; and

      (b) Their gross sales for water or services for the disposal of sewage, or both, amounted to $25,000 or less during the immediately preceding 12 months.

      3.  Persons not otherwise engaged in the business of furnishing, producing or selling water or services for the disposal of sewage, or both, but who sell or furnish water or services for the disposal of sewage, or both, as an accommodation in an area where water or services for the disposal of sewage, or both, are not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water or services for the disposal of sewage, or both, for compensation, to persons within the political subdivision.

      4.  Persons who are engaged in the production and sale of energy, including electricity, to public utilities, cities, counties or other entities which are reselling the energy to the public.

      5.  Persons who are subject to the provisions of NRS 590.465 to 590.645, inclusive.

      6.  Persons who are engaged in the sale or use of special fuel as defined in NRS 366.060.

      7.  Persons who provide water from water storage, transmission and treatment facilities if those facilities are for the storage, transmission or treatment of water from mining operations.

      8.  Persons who are video service providers, as defined in NRS 711.151, except for those operations of the video service provider which consist of providing a telecommunication service to the public, in which case the video service provider is a public utility only with regard to those operations of the video service provider which consist of providing a telecommunication service to the public.

      9.  Persons who own or operate a net metering system described in paragraph (c) of subsection 1 of NRS 704.771.

      10.  Persons who own or operate a net metering system or systems described in paragraph (a) of subsection 1 of NRS 704.771 and deliver electricity to multiple persons, units or spaces on the premises if:

      (a) The electricity is delivered only to persons, units or spaces located on the premises on which the net metering system or systems are located;

      (b) The residential or commercial units or spaces do not have individual meters measuring electricity use by an individual unit or space; and

      (c) Persons occupying the individual units or spaces are not charged for electricity based upon volumetric usage at the person’s individual unit or space.

      11.  Persons who for compensation own or operate individual systems which use renewable energy to generate electricity and sell the electricity generated from those systems to not more than one customer of the public utility per individual system if each individual system is:

 


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ê2021 Statutes of Nevada, Page 3791 (CHAPTER 552, SB 448)ê

 

generated from those systems to not more than one customer of the public utility per individual system if each individual system is:

      (a) Located on the premises of another person;

      (b) Used to produce not more than 150 percent of that other person’s requirements for electricity on an annual basis for the premises on which the individual system is located; and

      (c) Not part of a larger system that aggregates electricity generated from renewable energy for resale or use on premises other than the premises on which the individual system is located.

Ê As used in this subsection, “renewable energy” has the meaning ascribed to it in NRS 704.7715.

      [11.]12.  Persons who own, control, operate or manage a facility that supplies electricity only for use to charge electric vehicles.

      [12.]13.  Any plant or equipment that is used by a data center to produce, deliver or furnish electricity at agreed-upon prices for or to persons on the premises of the data center for the sole purpose of those persons storing, processing or distributing data, but only with regard to those operations which consist of providing electric service. As used in this subsection, “data center” has the meaning ascribed to it in NRS 360.754.

      Sec. 37. NRS 704.061 is hereby amended to read as follows:

      704.061  As used in NRS 704.061 to 704.110, inclusive, and section 35 of this act, unless the context otherwise requires, the words and terms defined in NRS 704.062, 704.065 and 704.066 have the meanings ascribed to them in those sections.

      Sec. 38. NRS 704.100 is hereby amended to read as follows:

      704.100  1.  Except as otherwise provided in NRS 704.075, 704.68861 to 704.68887, inclusive, and 704.7865, and section 14 of this act, or as may otherwise be provided by the Commission pursuant to NRS 704.095, 704.097 or 704.7621:

      (a) A public utility shall not make changes in any schedule, unless the public utility:

             (1) Files with the Commission an application to make the proposed changes and the Commission approves the proposed changes pursuant to NRS 704.110; or

             (2) Files the proposed changes with the Commission using a letter of advice in accordance with the provisions of paragraph (f) or (g).

      (b) A public utility shall adjust its rates on a quarterly basis between annual rate adjustment applications pursuant to subsection 8 of NRS 704.110 based on changes in the public utility’s recorded costs of natural gas purchased for resale.

      (c) An electric utility shall, between annual deferred energy accounting adjustment applications filed pursuant to NRS 704.187, adjust its rates on a quarterly basis pursuant to subsection 10 of NRS 704.110.

      (d) A public utility shall post copies of all proposed schedules and all new or amended schedules in the same offices and in substantially the same form, manner and places as required by NRS 704.070 for the posting of copies of schedules that are currently in force.

      (e) A public utility may not set forth as justification for a rate increase any items of expense or rate base that previously have been considered and disallowed by the Commission, unless those items are clearly identified in the application and new facts or considerations of policy for each item are advanced in the application to justify a reversal of the prior decision of the Commission.

 


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the application and new facts or considerations of policy for each item are advanced in the application to justify a reversal of the prior decision of the Commission.

      (f) Except as otherwise provided in paragraph (g), if the proposed change in any schedule does not change any rate or will result in an increase in annual gross operating revenue in an amount that does not exceed $15,000:

             (1) The public utility may file the proposed change with the Commission using a letter of advice in lieu of filing an application; and

             (2) The Commission shall determine whether it should dispense with a hearing regarding the proposed change.

Ê A letter of advice filed pursuant to this paragraph must include a certification by the attorney for the public utility or an affidavit by an authorized representative of the public utility that to the best of the signatory’s knowledge, information and belief, formed after a reasonable inquiry, the proposed change in schedule does not change any rate or result in an increase in the annual gross operating revenue of the public utility in an amount that exceeds $15,000.

      (g) If the applicant is a small-scale provider of last resort and the proposed change in any schedule will result in an increase in annual gross operating revenue in an amount that does not exceed $50,000 or 10 percent of the applicant’s annual gross operating revenue, whichever is less:

             (1) The small-scale provider of last resort may file the proposed change with the Commission using a letter of advice in lieu of filing an application if the small-scale provider of last resort:

                   (I) Includes with the letter of advice a certification by the attorney for the small-scale provider of last resort or an affidavit by an authorized representative of the small-scale provider of last resort that to the best of the signatory’s knowledge, information and belief, formed after a reasonable inquiry, the proposed change in schedule does not change any rate or result in an increase in the annual gross operating revenue of the small-scale provider of last resort in an amount that exceeds $50,000 or 10 percent, whichever is less;

                   (II) Demonstrates that the proposed change in schedule is required by or directly related to a regulation or order of the Federal Communications Commission; and

                   (III) Except as otherwise provided in subsection 2, files the letter of advice not later than 5 years after the Commission has issued a final order on a general rate application filed by the applicant in accordance with subsection 3 of NRS 704.110; and

             (2) The Commission shall determine whether it should dispense with a hearing regarding the proposed change.

Ê Not later than 10 business days after the filing of a letter of advice pursuant to subparagraph (1), the Regulatory Operations Staff of the Commission or any other interested party may file with the Commission a request that the Commission order an applicant to file a general rate application in accordance with subsection 3 of NRS 704.110. The Commission may hold a hearing to consider such a request.

      (h) In making the determination pursuant to paragraph (f) or (g), the Commission shall first consider all timely written protests, any presentation that the Regulatory Operations Staff of the Commission may desire to present, the application of the public utility and any other matters deemed relevant by the Commission.

 


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      2.  An applicant that is a small-scale provider of last resort may submit to the Commission a written request for a waiver of the 5-year period specified in sub-subparagraph (III) of subparagraph (1) of paragraph (g) of subsection 1. The Commission shall, not later than 90 days after receipt of such a request, issue an order approving or denying the request. The Commission may approve the request if the applicant provides proof satisfactory to the Commission that the applicant is not earning more than the rate of return authorized by the Commission and that it is in the public interest for the Commission to grant the request for a waiver. The Commission shall not approve a request for a waiver if the request is submitted later than 7 years after the issuance by the Commission of a final order on a general rate application filed by the applicant in accordance with subsection 3 of NRS 704.110. If the Commission approves a request for a waiver submitted pursuant to this subsection, the applicant shall file the letter of advice pursuant to subparagraph (1) of paragraph (g) of subsection 1 not earlier than 120 days after the date on which the applicant submitted the request for a waiver pursuant to this subsection, unless the order issued by the Commission approving the request for a waiver specifies a different period for the filing of the letter of advice.

      3.  As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187.

      Sec. 39. NRS 704.741 is hereby amended to read as follows:

      704.741  1.  A utility which supplies electricity in this State shall, on or before June 1 of every third year, in the manner specified by the Commission, submit a plan to increase its supply of electricity or decrease the demands made on its system by its customers to the Commission. Two or more utilities that are affiliated through common ownership and that have an interconnected system for the transmission of electricity shall submit a joint plan.

      2.  The Commission shall, by regulation:

      (a) Prescribe the contents of such a plan, including, but not limited to, the methods or formulas which are used by the utility or utilities to:

             (1) Forecast the future demands, except that a forecast of the future retail electric demands of the utility or utilities must not include the amount of energy and capacity proposed pursuant to subsection [6] 5 as annual limits on the total amount of energy and capacity that eligible customers may be authorized to purchase from providers of new electric resources through transactions approved by the Commission pursuant to an application submitted pursuant to NRS 704B.310 on or after May 16, 2019; and

             (2) Determine the best combination of sources of supply to meet the demands or the best method to reduce them; and

      (b) Designate renewable energy zones and revise the designated renewable energy zones as the Commission deems necessary.

      3.  The Commission shall require the utility or utilities to include in the plan:

      (a) An energy efficiency program for residential customers which reduces the consumption of electricity or any fossil fuel and which includes, without limitation, the use of new solar thermal energy sources.

      (b) A proposal for the expenditure of not less than [5] 10 percent of the total expenditures related to energy efficiency and conservation programs on energy efficiency [and conservation programs directed to low-income] measures for customers of the electric utility [.] in low-income households and residential customers and public schools in historically underserved communities, through both targeted programs and programs directed at residential customers and public schools in general.

 


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and residential customers and public schools in historically underserved communities, through both targeted programs and programs directed at residential customers and public schools in general.

      (c) A comparison of a diverse set of scenarios of the best combination of sources of supply to meet the demands or the best methods to reduce the demands, which must include at least one scenario of low carbon [intensity] dioxide emissions that [includes] :

             (1) Uses sources of supply that result in, by 2050, an amount of energy production from zero carbon dioxide emission resources that equals the forecasted demand for electricity by customers of the utility;

             (2) Includes the deployment of distributed generation [.] ; and

             (3) If the plan is submitted on or before June 1, 2027, uses sources of supply that result in, by the year 2030, an 80 percent reduction in carbon dioxide emissions from the generation of electricity to meet the demands of customers of the utility as compared to the amount of such emissions in the year 2005.

      (d) An analysis of the effects of the requirements of NRS 704.766 to 704.776, inclusive, on the reliability of the distribution system of the utility or utilities and the costs to the utility or utilities to provide electric service to all customers. The analysis must include an evaluation of the costs and benefits of addressing issues of reliability through investment in the distribution system.

      (e) A list of the utility’s or utilities’ assets described in NRS 704.7338.

      (f) A surplus asset retirement plan as required by NRS 704.734.

      4.  [The Commission shall require the utility or utilities to include in the plan a plan for construction or expansion of transmission facilities to serve renewable energy zones and to facilitate the utility or utilities in meeting the portfolio standard established by NRS 704.7821.

      5.]  The Commission shall require the utility or utilities to include in the plan a distributed resources plan. The distributed resources plan must:

      (a) Evaluate the locational benefits and costs of distributed resources. This evaluation must be based on reductions or increases in local generation capacity needs, avoided or increased investments in distribution infrastructure, safety benefits, reliability benefits and any other savings the distributed resources provide to the electricity grid for this State or costs to customers of the electric utility or utilities.

      (b) Propose or identify standard tariffs, contracts or other mechanisms for the deployment of cost-effective distributed resources that satisfy the objectives for distribution planning.

      (c) Propose cost-effective methods of effectively coordinating existing programs approved by the Commission, incentives and tariffs to maximize the locational benefits and minimize the incremental costs of distributed resources.

      (d) Identify any additional spending necessary to integrate cost-effective distributed resources into distribution planning consistent with the goal of yielding a net benefit to the customers of the electric utility or utilities.

      (e) Identify barriers to the deployment of distributed resources, including, without limitation, safety standards related to technology or operation of the distribution system in a manner that ensures reliable service.

      [6.](f) Include a transportation electrification plan as required by section 14 of this act.

 


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      5.  The Commission shall require the utility or utilities to include in the plan a proposal for annual limits on the total amount of energy and capacity that eligible customers may be authorized to purchase from providers of new electric resources through transactions approved by the Commission pursuant to an application submitted pursuant to NRS 704B.310 on or after May 16, 2019. In developing the proposal and the forecasts in the plan, the utility or utilities must use a sensitivity analysis that, at a minimum, addresses load growth, import capacity, system constraints and the effect of eligible customers purchasing less energy and capacity than authorized by the proposed annual limit. The proposal in the plan must include, without limitation:

      (a) A forecast of the load growth of the utility or utilities;

      (b) The number of eligible customers that are currently being served by or anticipated to be served by the utility or utilities;

      (c) Information concerning the infrastructure of the utility or utilities that is available to accommodate market-based new electric resources;

      (d) Proposals to ensure the stability of rates and the availability and reliability of electric service; and

      (e) For each year of the plan, impact fees applicable to each megawatt or each megawatt hour to account for costs reflected in the base tariff general rate and base tariff energy rate paid by end-use customers of the electric utility.

      [7.]6.  The annual limits proposed pursuant to subsection [6] 5 shall not apply to energy and capacity sales to an eligible customer if the eligible customer:

      (a) Was not an end-use customer of the electric utility at any time before June 12, 2019; and

      (b) Would have a peak load of 10 megawatts or more in the service territory of an electric utility within 2 years of initially taking electric service.

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

      (a) [“Carbon intensity” means the amount of carbon by weight emitted per unit of energy consumed.

      (b)] “Distributed generation system” has the meaning ascribed to it in NRS 701.380.

      [(c)](b) “Distributed resources” means distributed generation systems, energy efficiency, energy storage, electric vehicles and demand-response technologies.

      [(d)](c) “Eligible customer” has the meaning ascribed to it in NRS 704B.080.

      [(e)](d) “Energy” has the meaning ascribed to it in NRS 704B.090.

      [(f)](e) “Historically underserved community” has the meaning ascribed to it in section 12 of this act.

      (f) “Low-income household” has the meaning ascribed to it in section 13 of this act.

      (g) “New electric resource” has the meaning ascribed to it in NRS 704B.110.

      [(g)] (h) “Provider of new electric resources” has the meaning ascribed to it in NRS 704B.130.

      [(h)] (i) “Renewable energy zones” means specific geographic zones where renewable energy resources are sufficient to develop generation capacity and where transmission constrains the delivery of electricity from those resources to customers.

 


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      [(i)] (j) “Sensitivity analysis” means a set of methods or procedures which results in a determination or estimation of the sensitivity of a result to a change in given data or a given assumption.

      Sec. 40. NRS 704.746 is hereby amended to read as follows:

      704.746  1.  After a utility has filed its plan pursuant to NRS 704.741, the Commission shall convene a public hearing on the adequacy of the plan.

      2.  The Commission shall determine the parties to the public hearing on the adequacy of the plan. A person or governmental entity may petition the Commission for leave to intervene as a party. The Commission must grant a petition to intervene as a party in the hearing if the person or entity has relevant material evidence to provide concerning the adequacy of the plan. The Commission may limit participation of an intervener in the hearing to avoid duplication and may prohibit continued participation in the hearing by an intervener if the Commission determines that continued participation will unduly broaden the issues, will not provide additional relevant material evidence or is not necessary to further the public interest.

      3.  In addition to any party to the hearing, any interested person may make comments to the Commission regarding the contents and adequacy of the plan.

      4.  After the hearing, the Commission shall determine whether:

      (a) The forecast requirements of the utility or utilities are based on substantially accurate data and an adequate method of forecasting.

      (b) The plan identifies and takes into account any present and projected reductions in the demand for energy that may result from measures to improve energy efficiency in the industrial, commercial, residential and energy producing sectors of the area being served.

      (c) The plan adequately demonstrates the economic, environmental and other benefits to this State and to the customers of the utility or utilities associated with the following possible measures and sources of supply:

             (1) Improvements in energy efficiency;

             (2) Pooling of power;

             (3) Purchases of power from neighboring states or countries;

             (4) Facilities that operate on solar or geothermal energy or wind;

             (5) Facilities that operate on the principle of cogeneration or hydrogeneration;

             (6) Other generation facilities; and

             (7) Other transmission facilities.

      5.  The Commission shall give preference to the measures and sources of supply set forth in paragraph (c) of subsection 4 that:

      (a) Provide the greatest economic and environmental benefits to the State;

      (b) Are consistent with the provisions of this section;

      (c) Provide levels of service that are adequate and reliable;

      (d) Provide the greatest opportunity for the creation of new jobs in this State; and

      (e) Provide for diverse electricity supply portfolios and which reduce customer exposure to the price volatility of fossil fuels and the potential costs of carbon.

Ê In considering the measures and sources of supply set forth in paragraph (c) of subsection 4 and determining the preference given to such measures and sources of supply, the Commission shall consider the cost of those measures and sources of supply to the customers of the electric utility or utilities.

 


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and sources of supply, the Commission shall consider the cost of those measures and sources of supply to the customers of the electric utility or utilities.

      6.  The Commission shall:

      (a) Adopt regulations which determine the level of preference to be given to those measures and sources of supply; and

      (b) Consider the value to the public of using water efficiently when it is determining those preferences.

      7.  The Commission shall:

      (a) Consider the level of financial commitment from developers of renewable energy projects in each renewable energy zone, as designated pursuant to subsection 2 of NRS 704.741; and

      (b) Adopt regulations establishing a process for considering such commitments including, without limitation, contracts for the sale of energy, leases of land and mineral rights, cash deposits and letters of credit.

      8.  The Commission shall, after a hearing, review and accept or modify an emissions reduction and capacity replacement plan which includes each element required by NRS 704.7316. In considering whether to accept or modify an emissions reduction and capacity replacement plan, the Commission shall consider:

      (a) The cost to the customers of the electric utility or utilities to implement the plan;

      (b) Whether the plan provides the greatest economic benefit to this State;

      (c) Whether the plan provides the greatest opportunities for the creation of new jobs in this State; and

      (d) Whether the plan represents the best value to the customers of the electric utility or utilities.

      9.  In considering whether to accept or modify a proposal for annual limits on the total amount of energy and capacity that eligible customers may be authorized to purchase from providers of new electric resources through transactions approved by the Commission pursuant to an application submitted pursuant to NRS 704B.310 after May 16, 2019, which is included in the plan pursuant to subsection [6] 5 of NRS 704.741, the Commission shall consider whether the proposed annual limits:

      (a) Further the public interest, including, without limitation, whether the proposed annual limits promote safe, economic, efficient and reliable electric service to all customers of electric service in this State;

      (b) Align an economically viable utility model with state public policy goals; and

      (c) Encourage the development and use of renewable energy resources located in this State and, in particular, renewable energy resources that are coupled with energy storage.

      10.  In considering whether to accept or modify a plan to accelerate transportation electrification submitted pursuant to section 14 of this act, the Commission shall consider:

      (a) Whether the proposed investments, incentives, rate designs, systems and programs are reasonably expected to achieve one or more of the following:

             (1) Improve the efficiency of the electric utility’s electrical system, operational flexibility or system utilization during off-peak hours;

 


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             (2) Improve the ability of the electric utility to integrate renewable energy resources which generate electricity on an intermittent basis into the transmission and distribution grid;

             (3) Reduce greenhouse gas emissions and air pollution;

             (4) Improve air quality in communities most affected by air pollution from the transportation sector;

             (5) Support increased consumer choice in electric vehicle charging and related infrastructure and services;

             (6) Increase access to the use of electricity as a transportation fuel by low-income users by including investments, incentives or programs for those users, or for entities operating in communities or at locations that will benefit low-income users;

             (7) Foster the investment of private capital in transportation electrification, as defined in section 14 of this act, and the demand for skilled jobs in related services; and

             (8) Provide information and education on the benefits of transportation electrification to customers.

      (b) Whether the proposed investments, incentives, rate designs, systems and programs provide electric services and pricing that customers value.

      (c) Whether the proposed investments, incentives, systems and programs incorporate public reporting requirements which will serve to inform program design and Commission policy.

      (d) The cost to the customers of the electric utility to implement the plan.

      Sec. 41. NRS 704.751 is hereby amended to read as follows:

      704.751  1.  After a utility has filed the plan required pursuant to NRS 704.741, the Commission shall issue an order accepting or modifying the plan or specifying any portions of the plan it deems to be inadequate:

      (a) Within 135 days for any portion of the plan relating to the energy supply plan for the utility for the 3 years covered by the plan; and

      (b) Within 210 days for all portions of the plan not described in paragraph (a).

Ê If the Commission issues an order modifying the plan, the utility or utilities may consent to or reject some or all of the modifications by filing with the Commission a notice to that effect. Any such notice must be filed not later than 30 days after the date of issuance of the order. If such a notice is filed, any petition for reconsideration or rehearing of the order must be filed with the Commission not later than 10 business days after the date the notice is filed.

      2.  If a utility files an amendment to a plan, the Commission shall issue an order accepting or modifying the amendment or specifying any portions of the amendment it deems to be inadequate:

      (a) Within 165 days after the filing of the amendment; or

      (b) Within 180 days after the filing of the amendment for all portions of the amendment which contain an element of the emissions reduction and capacity replacement plan.

Ê If the Commission issues an order modifying the amendment, the utility or utilities may consent to or reject some or all of the modifications by filing with the Commission a notice to that effect. Any such notice must be filed not later than 30 days after the date of issuance of the order. If such a notice is filed, any petition for reconsideration or rehearing of the order must be filed with the Commission not later than 10 business days after the date the notice is filed.

 


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is filed, any petition for reconsideration or rehearing of the order must be filed with the Commission not later than 10 business days after the date the notice is filed.

      3.  Any order issued by the Commission accepting or modifying a plan required pursuant to NRS 704.741 or an amendment to such a plan must include the justification of the Commission for the preferences given pursuant to subsection 5 of NRS 704.746 to the measures and sources of supply set forth in paragraph (c) of subsection 4 of NRS 704.746.

      4.  All prudent and reasonable expenditures made to develop the utility’s or utilities’ plan, including environmental, engineering and other studies, must be recovered from the rates charged to the utility’s or utilities’ customers.

      5.  The Commission may accept an energy efficiency plan containing an energy efficiency program submitted pursuant to paragraph (a) of subsection 3 of NRS 704.741 and energy efficiency and conservation programs submitted pursuant to paragraph (b) of subsection 3 of NRS 704.741 that are not cost effective if the energy efficiency plan as a whole is cost effective. Any order issued by the Commission accepting or modifying an energy efficiency plan or an amendment to such a plan must, if the energy efficiency plan remains cost effective, require that not less than [5] 10 percent of the total expenditures of the utility or utilities on approved energy efficiency and conservation programs in the energy efficiency plan must be specifically directed to energy efficiency [and conservation programs for low-income] measures for customers of the utility or utilities [.] in low-income households and residential customers and public schools in historically underserved communities, through both targeted programs and programs directed at residential customers and public schools in general.

      6.  The Commission may accept [:

      (a) A transmission plan submitted pursuant to subsection 4 of NRS 704.741 for a renewable energy zone if the Commission determines that the construction or expansion of transmission facilities would facilitate the utility or utilities meeting the portfolio standard, as defined in NRS 704.7805.

      (b) A] a distributed resources plan submitted pursuant to subsection [5] 4 of NRS 704.741 if the Commission determines that the plan includes each element required by that subsection.

      7.  [The Commission shall adopt regulations establishing the criteria for determining the adequacy of a transmission plan submitted pursuant to subsection 4 of NRS 704.741.

      8.]  Any order issued by the Commission accepting or modifying an element of an emissions reduction and capacity replacement plan must include provisions authorizing the electric utility or utilities to construct or acquire and own electric generating plants necessary to meet the capacity amounts approved in, and carry out the provisions of, the plan. As used in this subsection, “capacity” means an amount of firm electric generating capacity used by the electric utility or utilities for the purpose of preparing a plan filed with the Commission pursuant to NRS 704.736 to 704.754, inclusive.

      8.  The Commission shall accept a transmission infrastructure for a clean energy economy plan that conforms to the requirements of subsections 1 and 2 of section 21 of this act and includes the evaluations required by subsection 4 of section 21 of this act.

      9.  As used in this section:

 


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      (a) “Historically underserved community” has the meaning ascribed to it in section 12 of this act.

      (b) “Low-income household” has the meaning ascribed to it in section 13 of this act.

      Sec. 42. NRS 704.7591 is hereby amended to read as follows:

      704.7591  1.  An electric utility may dispose of its generation assets pursuant to a merger, acquisition or transaction that is authorized pursuant to NRS 704.329 or pursuant to a transfer of its certificate of public convenience and necessity that is authorized pursuant to NRS 704.410, if:

      (a) The electric utility disposes of substantially all of its generation assets and substantially all of its other assets to the other person in the merger, acquisition, transaction or transfer; and

      (b) The [other person in the merger, acquisition, transaction or transfer is not a subsidiary or affiliate of the electric utility or a holding company or other person that holds a controlling interest in the electric utility.] Commission approves of the disposal of the generation assets in an order issued pursuant to NRS 704.7588.

      2.  Any person who assumes or has assumed ownership, possession, control, operation, administration or maintenance of a generation asset pursuant to a merger, acquisition, transaction or transfer described in subsection 1 is subject to the provisions of NRS 704.7561 to 704.7595, inclusive.

      Sec. 43. NRS 704.783 is hereby amended to read as follows:

      704.783  As used in NRS 704.783 to 704.7836, inclusive, and sections 12 and 13 of this act, unless the context otherwise requires, the words and terms defined in NRS 704.7831 to 704.7834, inclusive, and sections 12 and 13 of this act have the meanings ascribed to them in those sections.

      Sec. 44. NRS 704.7836 is hereby amended to read as follows:

      704.7836  1.  The Commission shall establish by regulation for each electric utility goals for energy savings resulting from energy efficiency programs implemented by the electric utility each year, which must be included in the resource plan filed by the electric utility pursuant to NRS 704.741.

      2.  The Commission may:

      (a) Modify a goal for energy savings it has previously established for an electric utility.

      (b) Upon receipt of a petition submitted by an electric utility, temporarily lower a goal for energy savings it has previously established for the electric utility if the electric utility demonstrates that economic reasons which are not reasonably within the control of the electric utility will prevent the electric utility from meeting the goal for energy savings established pursuant to subsection 1.

      3.  Upon establishment or modification by the Commission of a goal for energy savings for an electric utility pursuant to this section, the affected electric utility may file an amendment to its most recent resource plan filed pursuant to NRS 704.741 to incorporate the goal for energy savings into the resource plan.

      4.  Each electric utility shall develop and include in its most recent resource plan filed pursuant to NRS 704.741 an energy efficiency plan that:

      (a) Is designed to meet or exceed the goals for energy savings established by the Commission pursuant to this section;

      (b) Includes one or more energy efficiency programs; and

 


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      (c) Is cost effective.

      5.  In approving an energy efficiency plan developed by an electric utility to meet the goals for energy savings established by the Commission pursuant to this section, the Commission shall approve an energy efficiency plan that is:

      (a) Designed to meet or exceed the goals for energy savings established by the Commission pursuant to this section; and

      (b) Cost effective.

      6.  The Commission may approve an energy efficiency plan submitted pursuant to NRS 704.741 that consists of energy efficiency and conservation programs that are not cost effective if the Commission determines that the energy efficiency plan as a whole is cost effective.

      7.  Unless the Commission determines that it is not cost effective, any energy efficiency plan approved by the Commission must provide that not less than [5] 10 percent of the total expenditures related to energy efficiency programs must be [directed to] spent on energy efficiency [programs] measures for [low-income] customers of the electric utility [.] in low-income households and residential customers and public schools in historically underserved communities, through both targeted programs and programs directed at residential customers and public schools in general. For the purposes of this subsection, programs that can offer variable incentive levels must offer higher incentive levels for low-income households.

      Sec. 45. NRS 704.788 is hereby amended to read as follows:

      704.788  The Office of Economic Development shall not accept an application or give initial approval to any applicant for participation in the Program, and the Commission shall not approve an applicant for participation in the Program, after the earlier of December 31, [2017,] 2024, or the date on which the capacity set aside for allocation pursuant to the Program is fully allocated.

      Sec. 46. NRS 704.7881 is hereby amended to read as follows:

      704.7881  The Commission, in consultation with the Office of Economic Development:

      1.  Shall adopt regulations:

      (a) Establishing the discounted electric rates that may be charged by an electric utility pursuant to the Program, which must be established as a percentage of the base tariff energy rate and for which:

             (1) In the first and second year of a contract entered into pursuant to NRS 704.7877, [the reduction in the rates as a result of the] there shall be no discount [must not exceed 30 percent] of the base tariff energy rate;

             (2) In the third [,] and fourth [, fifth and sixth] year of a contract entered into pursuant to NRS 704.7877, the reduction in the rates as a result of the discount must not exceed [20] 30 percent of the base tariff energy rate; [and]

             (3) In the fifth, sixth, seventh and eighth year of a contract entered into pursuant to NRS 704.7877, the reduction in the rates as a result of the discount must not exceed [10] 20 percent of the base tariff energy rate; and

             (4) In the ninth and tenth year of a contract entered into pursuant to NRS 704.7877, the reduction in the rates as a result of the discount must not exceed 10 percent of the base tariff energy rate;

      (b) Prescribing the form and content of the contract entered into pursuant to NRS 704.7877;

 


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      (c) Prescribing the procedure by which an electric utility is authorized to recover through a deferred energy accounting adjustment application the amount of the discount provided to a participant in the Program; and

      (d) Prescribing any additional information which must be submitted by an applicant for participation in the Program.

      2.  May adopt any other regulations it determines are necessary to carry out the provisions of NRS 704.7871 to 704.7882, inclusive.

      Sec. 47. NRS 704.7882 is hereby amended to read as follows:

      704.7882  The Commission shall, on or before December 31, [2014,] 2022, prepare a written report concerning the Program and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the [78th] 82nd Session of the Legislature. The report must include, without limitation, information concerning:

      1.  The number of participants in the Program;

      2.  The amount of electricity allocated pursuant to the Program;

      3.  The total amount of the discounts provided pursuant to the Program; and

      4.  The remaining amount of electricity available for allocation pursuant to the Program.

      Sec. 48. NRS 704B.310 is hereby amended to read as follows:

      704B.310  1.  An eligible customer shall not purchase energy, capacity or ancillary services from a provider of new electric resources unless:

      (a) The eligible customer files an application with the Commission between January 2 and February 1 of any year and not later than 280 days before the date on which the eligible customer intends to begin purchasing energy, capacity or ancillary services from the provider;

      (b) The Commission approves the application by a written order issued in accordance with the provisions of this section; and

      (c) The provider holds a valid license.

      2.  Except as otherwise provided in subsection 3, each application filed pursuant to this section must include:

      (a) Specific information demonstrating that the person filing the application is an eligible customer;

      (b) Information demonstrating that the proposed provider will provide energy, capacity or ancillary services from a new electric resource;

      (c) Specific information concerning the terms and conditions of the proposed transaction that is necessary for the Commission to evaluate the impact of the proposed transaction on customers and the public interest, including, without limitation, information concerning the duration of the proposed transaction, the point of receipt of the energy, capacity or ancillary services and the amount of energy, capacity or ancillary services to be purchased from the provider;

      (d) Specific information identifying transmission requirements associated with the proposed transaction and the extent to which the proposed transaction requires transmission import capacity; and

      (e) Any other information required pursuant to the regulations adopted by the Commission.

      3.  The Commission shall not require the eligible customer or provider to disclose:

      (a) The price that is being paid by the eligible customer to purchase energy, capacity or ancillary services from the provider; or

 


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      (b) Any other terms or conditions of the proposed transaction that the Commission determines are commercially sensitive.

      4.  The Commission shall provide public notice of the application of the eligible customer and an opportunity for a hearing on the application in a manner that is consistent with the provisions of NRS 703.320 and the regulations adopted by the Commission.

      5.  The Commission shall not approve the application of the eligible customer unless the Commission finds that the proposed transaction:

      (a) Will be in the public interest; and

      (b) Will not cause the total amount of energy and capacity that eligible customers purchase from providers of new electric resources through transactions approved by the Commission pursuant to an application submitted pursuant to this section on or after May 16, 2019, to exceed an annual limit set forth in a plan filed with the Commission pursuant to NRS 704.741 and accepted by the Commission pursuant to NRS 704.751.

      6.  In determining whether the proposed transaction will be in the public interest, the Commission shall consider, without limitation:

      (a) Whether the electric utility that has been providing electric service to the eligible customer will experience increased costs as a result of the proposed transaction;

      (b) Whether any remaining customer of the electric utility will pay increased costs for electric service or forgo the benefit of a reduction of costs for electric service as a result of the proposed transaction; and

      (c) Whether the proposed transaction will impair system reliability or the ability of the electric utility to provide electric service to its remaining customers.

      7.  If the Commission approves the application of the eligible customer:

      (a) The eligible customer shall not begin purchasing energy, capacity or ancillary services from the provider pursuant to the proposed transaction sooner than 280 days after the date on which the application was filed, unless the Commission allows the eligible customer to begin purchasing energy, capacity or ancillary services from the provider at an earlier date; and

      (b) The Commission shall order such terms, conditions and payments as the Commission deems necessary and appropriate to ensure that the proposed transaction will be in the public interest. Except as otherwise provided in subsection 8, such terms, conditions and payments:

             (1) Must be fair and nondiscriminatory as between the eligible customer and the remaining customers of the electric utility, except that the terms, conditions and payments must assign all identifiable but unquantifiable risk to the eligible customer;

             (2) Must include, without limitation:

                   (I) Payment by the eligible customer to the electric utility of the eligible customer’s load-share portion of any unrecovered balance in the deferred accounts of the electric utility; and

                   (II) Payment by the eligible customer, or the provider of new electric resources, as applicable, of the annual assessment and any other tax, fee or assessment required by NRS 704B.360;

             (3) Must establish payments calculated in a manner that provides the eligible customer with only its load-ratio share of the benefits associated with forecasted load growth if load growth is utilized to mitigate the impact of the eligible customer’s proposed transaction; and

 


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             (4) Must ensure that the eligible customer pays its load-ratio share of the costs associated with the electric utility’s obligations that were incurred as deviations from least-cost resource planning pursuant to the laws of this State including, without limitation, costs incurred to satisfy the requirements of NRS 704.7821 and implement the provisions of NRS 701B.240, 701B.336, 701B.580, [701B.670,] 701B.820, 702.160, 704.773, 704.7827, 704.7836, 704.785, 704.7865, 704.7983 and 704.7985.

      8.  An eligible customer who:

      (a) Was not an end-use customer of the electric utility at any time before June 12, 2019; and

      (b) Would have a peak load of 10 megawatts or more in the service territory of an electric utility within 2 years of initially taking electric service,

Ê is required to pay only those costs, fees, charges or rates which apply to current and ongoing legislatively mandated public policy programs, as determined by the Commission.

      9.  If the Commission does not enter a final order on the application of the eligible customer within 210 days after the date on which the application was filed with the Commission, the application shall be deemed to be denied by the Commission.

      Sec. 49.  1.  An electric utility in this State shall, on or before September 1, 2021, file with the Public Utilities Commission of Nevada a plan to accelerate transportation electrification in this State for the period beginning January 1, 2022, and ending on December 31, 2024. The plan filed for this period must be designed to provide the greatest economic recovery benefits and opportunities for the creation of new jobs in this State.

      2.  Two or more utilities that are affiliated through common ownership and that have an interconnected system for the transmission of electricity shall submit a joint plan pursuant to this section. The joint plan must include a plan for investments to accelerate transportation electrification in an amount not to exceed $100,000,000.

      3.  A plan filed pursuant to this section must include a plan to invest in the following programs:

      (a) An Interstate Corridor Charging Depot Program, whereby the electric utility shall supplement the work of the Office of Energy, the Department of Transportation and the Division of Environmental Protection of the State Department of Conservation and Natural Resources in Phase I and Phase II of the Nevada Electric Highway project to increase the availability of public electric vehicle charging infrastructure along Nevada’s highways in the service territory of the electric utility and to support electric vehicle tourism traffic to Las Vegas, the Reno-Tahoe area and across the State. The plan must set forth the intended scope and general location for each proposed charging depot. The Interstate Corridor Charging Depot Program:

             (1) Must include the establishment of direct-current fast chargers and level 2 chargers, which may be owned by the electric utility or a third-party provider.

             (2) May include the establishment of electric utility-owned energy storage systems or renewable energy systems which minimize the impact to the grid by reducing the peak demand for electricity.

      (b) An Urban Charging Depot Program aimed at providing increased access to public electric vehicle charging infrastructure in metropolitan areas of this State, particularly for customers who are unable to charge vehicles at their home or business.

 


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ê2021 Statutes of Nevada, Page 3805 (CHAPTER 552, SB 448)ê

 

of this State, particularly for customers who are unable to charge vehicles at their home or business. The Urban Charging Depot Program must also be designed to address the needs of tourists, delivery services and businesses that require access to public charging for fleet electrification. The plan must set forth the intended scope and general location for each proposed charging depot. The Urban Charging Depot Program:

             (1) Must include the establishment of direct-current fast chargers, level 2 chargers and, where relevant, charging for shared mobility services, including, without limitation, electric scooters and bicycles, which may be owned by the electric utility or a third-party provider.

             (2) May include the establishment of electric utility-owned energy storage systems or renewable energy systems which minimize the impact to the grid by reducing the peak demand for electricity.

      (c) A Public Agency Electric Vehicle Charging Program to serve the public, workplace and fleet electric charging needs of federal, state and local governmental agencies by reducing the financial barrier for the deployment of electric vehicle charging infrastructure for governmental agencies. The electric utility shall set forth in the plan specific targets and allocations for level 2 electric vehicle charging infrastructure, which must be developed in coordination with the Department of Administration, the State Department of Conservation and Natural Resources, the Department of Transportation and the Office of Energy with the aim of maximizing the Program’s effectiveness and utilization. An electric vehicle charging station which is installed under the Program may be owned by a public agency, the electric utility or a third-party provider.

      (d) A Transit, School Bus and Transportation Electrification Custom Program to serve the electric vehicle charging infrastructure, energy supply and energy storage needs of transit agencies, metropolitan planning organizations, the Department of Transportation, public school districts and nongovernmental commercial customers in this State. The electric utility shall not allow a nongovernmental commercial customer to participate in the Transit, School Bus and Transportation Electrification Custom Program unless, as a condition of participation, the nongovernmental commercial customer electrifies more than 50 company vehicles or more than 25 percent of its fleet, and satisfies such additional qualifications as the electric utility may establish. As part of the Transit, School Bus and Transportation Electrification Custom Program, an electric utility may partner with a commercial site to allow for multiple ownership options for the electrical supply, storage and charging equipment, including, without limitation, ownership by the electric utility.

      (e) An Outdoor Recreation and Tourism Program to serve the electric vehicle charging infrastructure, energy supply and energy storage needs of the tourism and outdoor recreation economy of this State. Eligibility for any customer participation in the Outdoor Recreation and Tourism Program must be offered by the electric utility on a nondiscriminatory basis to both the utility’s bundled retail customers and eligible customers, as defined in NRS 704B.080, who purchase or plan to purchase electricity from a provider of new electric resources, as defined in NRS 704B.130. As part of the Outdoor Recreation and Tourism Program, an electric utility may partner with a commercial site to allow for multiple ownership options for the electrical supply, storage and charging equipment, including, without limitation, ownership by the electric utility.

 


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ê2021 Statutes of Nevada, Page 3806 (CHAPTER 552, SB 448)ê

 

      4.  The plan filed pursuant to this section must include any proposed schedules necessary to implement the programs set forth in subsection 3.

      5.  Not less than:

      (a) Forty percent of the total program expenditures proposed in a plan submitted pursuant to this section must be dedicated to investments made in or for the benefit of historically underserved communities.

      (b) Twenty percent of the total program expenditures proposed in a plan submitted pursuant to this section must be dedicated to investments in the Outdoor Recreation and Tourism Program pursuant to paragraph (e) of subsection 3.

      (c) Twenty percent of the total program expenditures proposed in a plan submitted pursuant to this section must be dedicated to incentives for behind-the-meter investments in electric vehicle charging infrastructure or stations.

      6.  An electric utility shall submit to the Commission any program, software, contract or other instrument that may be used for the billing, control, operation or maintenance of the public and private chargers installed under a plan filed pursuant to this section. The prudent and reasonable expenditures made by the electric utility to evaluate the need for any program, software, contract or other instrument to facilitate the billing, control, operation or maintenance of the public and private chargers installed under the plan may be recovered by the utility through rates charged to the customers of the utility.

      7.  Any electric vehicle charging infrastructure that is installed as part of a plan which is accepted by the Commission pursuant to this section and which is not installed by employees of the electric utility must be installed by a contractor who holds a valid license in the classification required to perform such work issued by the State Contractors’ Board pursuant to regulations adopted by the Board and at least one electrician holding a certification from the Electric Vehicle Infrastructure Training Program.

      8.  Not later than 90 days after a plan is filed pursuant to subsection 1, the Commission shall issue an order accepting or modifying the plan. If the Commission issues an order modifying the plan, the utility may consent to or reject some or all of the modifications by filing with the Commission a notice to that effect. Any such notice must be filed not later than 10 days after the date of issuance of the order. If such a notice is filed, any petition for reconsideration or rehearing of the order must be filed with the Commission not later than 10 business days after the date the notice is filed.

      9.  If the Commission fails to enter a final order on a plan filed pursuant to subsection 1 within 90 days after the date on which the plan was filed, the plan shall be deemed to be accepted.

      10.  Not later than 60 days after the Commission issues an order accepting or modifying a plan, or a plan is deemed accepted pursuant to subsection 9, the electric utility shall file with the Commission any schedules necessary to implement the rate designs and programs approved in the plan. Any tariff filing made pursuant to this section is not subject to the provisions of NRS 704.100.

      11.  Acceptance by the Commission of a plan submitted pursuant to this section constitutes a finding that the investments contained in the plan, including, without limitation, any proposed incentives to be provided to customers, are prudent and that the utility may recover from the rates charged to the utility’s customers all costs that the utility prudently and reasonably incurs to operate, maintain, develop and implement the plan, including, without limitation, any costs associated with acquiring the right to use and develop private or public land.

 


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ê2021 Statutes of Nevada, Page 3807 (CHAPTER 552, SB 448)ê

 

charged to the utility’s customers all costs that the utility prudently and reasonably incurs to operate, maintain, develop and implement the plan, including, without limitation, any costs associated with acquiring the right to use and develop private or public land. An electric utility may recover the costs that it prudently and reasonably incurs as follows:

      (a) The electric utility shall begin recording in a regulatory asset, with carrying charges, an amount that reflects the electric utility’s investment in facilities under the plan, including, without limitation:

             (1) Any incentives provided to customers;

             (2) The electric utility’s authorized rate of return;

             (3) Any depreciation of the utility’s investment in the facilities; and

             (4) The cost of operating and maintaining the facilities.

      (b) Carrying charges shall not accrue for any month in which the electric utility earns in excess of its last authorized rate of return. For the purposes of this paragraph, the electric utility’s earned rate of return must be calculated quarterly using the 12-month period ending with the last month of the quarter and will apply to the carrying charge calculation in each month of that quarter.

      (c) An electric utility shall include a rate to recover all prudent and reasonable expenditures made by the electric utility to develop and implement the plan, including, without limitation, the electric utility’s authorized rate of return, in the electric utility’s general rate application filed pursuant to NRS 704.110. The rate must be charged to all of the customers in the service territory of the electric utility in which the plan assets reside and reflect all costs incurred in the electric utility’s service territory.

      12.  As used in this section:

      (a) “Electric utility” has the meaning ascribed to it in section 14 of this act.

      (b) “Historically underserved community” has the meaning ascribed to it in section 12 of this act.

      (c) “Transportation electrification” means the use of electricity from external sources to power, wholly or in part, passenger vehicles, trucks, buses, trains, boats or other equipment that transports goods or people.

      Sec. 50.  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. 51.  1.  A resource plan filed by an electric utility pursuant to NRS 704.741, as amended by section 39 of this act, on or before June 1, 2021, is not required to include, at the time the plan is filed, the transportation electrification plan required by section 14 of this act and NRS 704.741, as amended by section 39 of this act.

      2.  An electric utility shall, on or before September 1, 2022, file an amendment to its most recent resource plan filed pursuant to NRS 704.741, as amended by section 39 of this act, to incorporate into the resource plan a transportation electrification plan that complies with the provisions of section 14 of this act.

      3.  As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187.

 


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ê2021 Statutes of Nevada, Page 3808 (CHAPTER 552, SB 448)ê

 

      Sec. 52.  The amendatory provisions of section 48 of this act do not apply to an order issued by the Public Utilities Commission of Nevada pursuant to NRS 704B.310 before July 1, 2023.

      Sec. 53.  The amendatory provisions of section 46 of this act do not apply to a contract entered into before the effective date of section 46 of this act.

      Sec. 53.5.  The provisions of section 35 of this act apply prospectively. The provisions of this section shall not be construed as a statement, clarification or interpretation of Nevada law as it existed prior to the effective date of this section or a statement of the intent of the Nevada Legislature concerning Nevada law as it existed prior to the effective date of this section.

      Sec. 54.  1.  An electric utility in this State shall, on or before July 1, 2022, file with the Public Utilities Commission of Nevada an amendment to its most recently filed energy efficiency plan filed pursuant to NRS 704.7836 to ensure the energy efficiency plan complies with the amendatory provisions of sections 39 and 44 of this act.

      2.  As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187.

      Sec. 55. NRS 701.090, 701.500, 701.505, 701.510 and 701.515 are hereby repealed.

      Sec. 56. NRS 701B.670 is hereby repealed.

      Sec. 57.  Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.

      Sec. 58.  1.  This section and sections 1 to 8.5, inclusive, 11 to 47, inclusive, 49 to 55, inclusive, and 57 of this act become effective upon passage and approval.

      2.  Section 10 of this act becomes effective on January 1, 2023, and expires by limitation on June 30, 2023.

      3.  Sections 9, 48 and 56 of this act become effective on July 1, 2023.

      4.  Section 9 of this act expires by limitation on December 31, 2025.

      5.  Sections 27 and 31 to 34, inclusive, of this act expire by limitation on December 31, 2031.

      6.  Sections 3 to 8, inclusive, of this act expire by limitation on June 30, 2049.

      7.  Sections 45, 46 and 47 of this act expire by limitation on the date on which the last contract entered into pursuant to the Program, as defined in NRS 704.7874, terminates, whether termination is by expiration of the terms of the contract or otherwise.

________

 


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ê2021 Statutes of Nevada, Page 3809ê

 

CHAPTER 553, SB 430

Senate Bill No. 430–Committee on Growth and Infrastructure

 

CHAPTER 553

 

[Approved: June 10, 2021]

 

AN ACT relating to infrastructure; revising provisions governing the establishment of the Nevada Infrastructure Bank; revising provisions governing eligibility to receive loans and other financial assistance from the Bank; expanding the types of projects for which financial assistance from the Bank is available; revising provisions governing the membership, duties and powers of the Board of Directors of the Bank; authorizing certain governmental agencies to provide technical advice, support and assistance to the Bank; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Nevada State Infrastructure Bank, the purpose of which is to provide loans and other financial assistance to various units of state and local government for the development, construction, repair, improvement, maintenance, decommissioning, operation and ownership of certain transportation facilities and utility infrastructure. (NRS 408.55048-408.55088) Existing law provides that the establishment of the Bank becomes effective on the date on which the Director of the Department of Transportation notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient money is available to capitalize and carry out the business of the Bank. (Section 39 of chapter 575, Statutes of Nevada 2017, at page 4142) Section 20 of this bill makes the establishment of the Bank effective on July 1, 2021.

      Section 15 of this bill adds the Director of the Office of Energy to the Board of Directors of the Bank and provides that the Bank operates under the direction of the Board of Directors.

      Sections 10 and 15 of this bill expand the types of facilities for which the Bank is authorized to provide loans and other financial assistance to include water and wastewater infrastructure, renewable energy infrastructure, recycling and sustainability infrastructure, digital infrastructure, social infrastructure and other infrastructure related to economic development. Sections 17 and 18 of this bill make conforming changes to reflect the wider range of facilities for which the Bank is authorized to provide loans and offer financial assistance.

      Sections 12 and 15 of this bill authorize the Bank to provide loans and financial assistance to Indian reservations, Indian colonies and private nonprofit entities created for charitable or educational purposes. Section 17 makes a conforming change to reflect that the Bank may provide loans and financial assistance to entities other than governmental units.

      Existing law creates the Nevada State Infrastructure Bank Fund and authorizes the Board of Directors to establish certain accounts within the fund. (NRS 408.55073) Section 16 of this bill authorizes the Board of Directors to establish accounts and subaccounts within the Fund and removes the requirement for the Board of Directors to establish certain specific accounts. Section 16 requires the Board of Directors to ensure that the money in the Fund is accounted for in accordance with all applicable laws and regulations governing the use of funds.

      Existing law authorizes any division of the Department of Transportation to provide technical advice, support and assistance to the Bank, to the extent that money is available for that purpose. (NRS 408.55088) Section 19 of this bill authorizes other governmental units to provide such technical advice, support and assistance to the Bank, to the extent that money is available for that purpose.

 


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ê2021 Statutes of Nevada, Page 3810 (CHAPTER 553, SB 430)ê

 

      Sections 2-14 of this bill define terms related to the projects for which the Bank is authorized to provide loans or financial assistance and amend definitions relating to the operation of the Bank.

 

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

      Sec. 2. “Digital infrastructure” means any infrastructure which allows for the use of data, computerized devices, methods, systems and processes that are designed to enhance broadband connectivity or facilitate the development of new or existing technologies.

      Sec. 3. “Other infrastructure related to economic development” means infrastructure that:

      1.  Supports a public purpose while promoting economic development for a local, regional or state purpose; and

      2.  Is not a transportation facility, utility infrastructure, water and wastewater infrastructure, renewable energy infrastructure, recycling and sustainability infrastructure, digital infrastructure or social infrastructure.

      Sec. 4. “Recycling and sustainability infrastructure” means any infrastructure which allows for the processing, storage or transfer of recyclable materials as defined in NRS 444A.013.

      Sec. 5. “Renewable energy infrastructure” means any infrastructure which allows for the generation, storage or usage of renewable energy as defined in NRS 701.070.

      Sec. 6. “Social infrastructure” means any infrastructure which:

      1.  Is used or useful for the construction, development and maintenance of facilities and systems that support social services, including, without limitation, those services related to health care, education, affordable housing, homelessness and food security; and

      2.  Augments existing services, including, without limitation, the services provided pursuant to chapters 319 and 387 of NRS.

      Sec. 7. “Water and wastewater infrastructure” means any infrastructure which:

      1.  Relates to water, including, without limitation, clean water, drinking water, wastewater, energy efficiency projects at drinking water and wastewater facilities, brackish or seawater desalination, aquifer recharge, alternative water supply, water recycling and drought mitigation projects; and

      2.  Augments the existing programs created pursuant to chapter 445A of NRS.

      Sec. 8. NRS 408.55048 is hereby amended to read as follows:

      408.55048  As used in NRS 408.55048 to 408.55088, inclusive, and sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 408.55049 to 408.55068, inclusive, and sections 2 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

 


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ê2021 Statutes of Nevada, Page 3811 (CHAPTER 553, SB 430)ê

 

      Sec. 9. NRS 408.55052 is hereby amended to read as follows:

      408.55052  “Eligible costs” means, as applied to a qualified project to be financed from [:

      1.  The federal highway account established by NRS 408.55073, the costs that are allowed under applicable federal laws, requirements, procedures and guidelines in regard to establishing, operating and providing assistance from the Bank.

      2.  The state and local highway account established by NRS 408.55073, costs including, without limitation,] any account established pursuant to NRS 408.55073, the cost of [preliminary] :

      1.  Applying for and obtaining financial assistance from the Bank.

      2.  Preliminary engineering, traffic and revenue studies, environmental studies, right-of-way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, facilities, sustainability certification and other costs necessary for the qualified project [.

      3.  The federal utility infrastructure account established by NRS 408.55073, costs including, without limitation, the cost of preliminary engineering, environmental studies, property right acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities and other nonoperating costs necessary for the qualified project.

      4.  A federal or state and local nonhighway account established by NRS 408.55073, costs including, without limitation, the cost of preliminary engineering, traffic and revenue studies, environmental studies, right-of-way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities and other nonoperating costs necessary for the qualified project.

      5.  The state and local utility infrastructure account established by NRS 408.55073, costs including, without limitation, the cost of preliminary engineering, environmental studies, property right acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities, sustainability certification and other nonoperating costs necessary for the qualified project.] to the extent such costs are an authorized use of the money obtained to capitalize the Bank.

      Sec. 10. NRS 408.55053 is hereby amended to read as follows:

      408.55053  “Eligible project” means the development, construction, repair, improvement, operation, maintenance, decommissioning or ownership of a transportation facility , [or] utility infrastructure [.] , water and wastewater infrastructure, renewable energy infrastructure, recycling and sustainability infrastructure, digital infrastructure, social infrastructure and other infrastructure related to economic development.

      Sec. 11. NRS 408.55055 is hereby amended to read as follows:

      408.55055  “Federal accounts” means [the federal highway account, federal nonhighway account and federal utility infrastructure account established pursuant to NRS 408.55073.] any accounts established pursuant to NRS 408.55073 which are necessary to hold money from federal sources.

 


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ê2021 Statutes of Nevada, Page 3812 (CHAPTER 553, SB 430)ê

 

      Sec. 12. NRS 408.55063 is hereby amended to read as follows:

      408.55063  “Qualified borrower” means a governmental unit, an Indian reservation or Indian colony or [an entity established by an agreement between a governmental unit and] a private nonprofit entity [, that is authorized to develop, construct, repair, improve, maintain, decommission, operate or own a qualified project.] created for charitable or educational purposes.

      Sec. 13. NRS 408.55065 is hereby amended to read as follows:

      408.55065  “State and local accounts” means [the state and local highway account, state and local nonhighway account and state and local utility infrastructure account established by the Bank pursuant to NRS 408.55073.] any accounts established pursuant to NRS 408.55073 which are necessary to hold money from state and local governments or contributions made from any other source, except for federal sources.

      Sec. 14. NRS 408.55068 is hereby amended to read as follows:

      408.55068  “Utility infrastructure” means any infrastructure [which allows for the connection of the transmission or distribution system of a utility to a distribution facility installed by a master-planned industrial or business park in conformance with the tariffs of the utility and includes, without limitation, the engineering and construction of the infrastructure.] of a utility that is installed in any city or county that improves or expands the system of the utility.

      Sec. 15. NRS 408.55069 is hereby amended to read as follows:

      408.55069  1.  The Nevada State Infrastructure Bank is hereby created within the Department.

      2.  The purpose of the Bank is to provide loans and other financial assistance to [various governmental units] qualified borrowers for the development, construction, repair, improvement, operation, maintenance, decommissioning and ownership of transportation facilities , [and] utility infrastructure , water and wastewater infrastructure, renewable energy infrastructure, recycling and sustainability infrastructure, digital infrastructure, social infrastructure and other infrastructure related to economic development as necessary for public purposes . [, including, without limitation, economic development.]

      3.  The Bank is administered by and operates under the direction of a Board of Directors consisting of:

      (a) The Director of the Department of Transportation or his or her designee;

      (b) The State Treasurer or his or her designee;

      (c) The Director of the Department of Business and Industry or his or her designee;

      (d) The Executive Director of the Office of Economic Development or his or her designee; [and]

      (e) The Director of the Office of Energy or his or her designee; and

      (f) Two representatives of the general public, at least one of whom must reside in a county whose population is 700,000 or more, appointed by the Governor.

      4.  Each member of the Board of Directors who is appointed pursuant to subsection 3 serves at the pleasure of the appointing authority.

 


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ê2021 Statutes of Nevada, Page 3813 (CHAPTER 553, SB 430)ê

 

      5.  A vacancy on the Board of Directors in an appointed position must be filled by the appointing authority in the same manner as the original appointment.

      6.  The Board of Directors shall elect annually from among its members a Chair and a Vice Chair.

      7.  Four members of the Board of Directors constitute a quorum for the transaction of business, and the affirmative vote of at least four members of the Board of Directors is required to take action.

      8.  The members of the Board of Directors are public officers and are subject to all applicable provisions of law, including, without limitation, the provisions of chapter 281A of NRS.

      9.  A meeting of the Board of Directors must be conducted in accordance with the provisions of chapter 241 of NRS.

      10.  [To the extent that money is available from public or private sources for administrative costs:

      (a)] Each member of the Board of Directors who is not otherwise an officer or employee of this State is entitled [to] :

      (a) To receive $100 for each full day of attending a meeting of the Board of Directors [.] ; and

      (b) [Each member of the Board of Directors is entitled, while] While engaged in the business of the Board of Directors, to receive the per diem allowance and travel expenses provided for state officers and employees generally. The per diem allowance and travel expenses provided to a member of the Board of Directors who is an officer or employee of this State or a political subdivision of this State must be paid by the state agency or political subdivision that employs him or her.

      11.  A member of the Board of Directors who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation so that he or she may prepare for and attend meetings of the Board of Directors and perform any work necessary to carry out the duties of the Board of Directors in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Board of Directors to:

      (a) Make up the time the member is absent from work to carry out his or her duties as a member of the Board of Directors; or

      (b) Take annual leave or compensatory time for the absence.

      Sec. 16. NRS 408.55073 is hereby amended to read as follows:

      408.55073  1.  The Nevada State Infrastructure Bank Fund is hereby created as an enterprise fund. The Fund is a continuing fund without reversion.

      2.  The Fund is administered by the Board of Directors.

      3.  The Board of Directors may establish accounts and subaccounts within the Fund [, but] and shall [establish, without limitation:

      (a) A federal highway account;

      (b) A federal nonhighway account;

      (c) A state and local highway account;

      (d) A state and local nonhighway account;

      (e) A state and local utility infrastructure account; and

 


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ê2021 Statutes of Nevada, Page 3814 (CHAPTER 553, SB 430)ê

 

      (f) A federal utility infrastructure account.] ensure that accounting for the Fund is performed in accordance with all applicable laws and regulations governing the use of funds.

      4.  Except as otherwise provided in subsection 7, all money received by the Bank pursuant to NRS 408.55048 to 408.55088, inclusive, and sections 2 to 7, inclusive, of this act must be deposited in the Fund.

      5.  The Bank may accept for deposit into the Fund:

      (a) Any money appropriated by the Legislature or authorized for allocation by the Interim Finance Committee;

      (b) Federal funds made available to the State;

      (c) Gifts, grants, donations and contributions from a governmental unit, private entity or any other source;

      (d) Any money paid or credited to the Bank, by contract or otherwise, including, without limitation:

             (1) Payment of principal and interest on a loan or other financial assistance provided to a qualified borrower by the Bank; and

             (2) Interest earned from the investment or reinvestment of the Bank’s money pursuant to NRS 408.55076;

      (e) Proceeds from the issuance of bonds or other securities pursuant to NRS 408.55071; and

      (f) Any other lawful source of money that is made available to the Bank and is not already dedicated for another purpose.

      6.  The Bank shall comply with all applicable federal laws governing the use of federal funds, including, without limitation, statutes and regulations governing:

      (a) Any conditions or limitations on expenditures;

      (b) Reporting; and

      (c) The commingling of federal funds.

      7.  Earnings on balances in [the] any federal accounts must be credited and invested in accordance with federal law. Earnings on any state and local accounts must be deposited in the Fund to the credit of the [state and local highway account, state and local nonhighway account or state and local utility infrastructure] account that generates the earnings.

      8.  Money in the Fund may be used only:

      (a) For the capitalization of the Bank; and

      (b) To carry out the statutory purposes and powers of the Bank.

      9.  A local government may use money from any source that is made available to the local government for the purposes of developing, constructing, repairing, improving, operating, maintaining, decommissioning or owning a transportation facility , [or] utility infrastructure , water and wastewater infrastructure, renewable energy infrastructure, recycling and sustainability infrastructure, digital infrastructure, social infrastructure or other infrastructure related to economic development or for any other purpose set forth in NRS 408.55048 to 408.55088, inclusive, and sections 2 to 7, inclusive, of this act to make a gift, grant, donation or contribution to the Bank or to satisfy any obligation owed by the local government to the Bank, including, without limitation, payments of principal and interest.

      Sec. 17. NRS 408.55074 is hereby amended to read as follows:

      408.55074  1.  A [governmental unit, or an entity established by agreement between a governmental unit and a private entity,] qualified borrower that wishes to obtain a loan or other financial assistance from the Bank to develop, construct, repair, improve, operate, maintain, decommission or own an eligible project must apply to the Bank in the manner prescribed by the Bank.

 


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ê2021 Statutes of Nevada, Page 3815 (CHAPTER 553, SB 430)ê

 

the Bank to develop, construct, repair, improve, operate, maintain, decommission or own an eligible project must apply to the Bank in the manner prescribed by the Bank.

      2.  The Executive Director shall:

      (a) Review each application and determine whether the [transportation facility or utility infrastructure described in the] application is for an eligible project; and

      (b) At the request of the Board of Directors, submit information to the Board of Directors concerning any eligible project.

      3.  The Board of Directors shall, from time to time, designate qualified projects from among the eligible projects. The Board of Directors may give preference to an eligible project that has demonstrated local financial support.

      4.  The Bank may provide a loan and other financial assistance to a qualified borrower to pay for all or part of the eligible costs of a qualified project. The term of the loan or other financial assistance may not exceed the anticipated useful life of the qualified project. A loan or other financial assistance may be provided in anticipation of reimbursement for or direct payment of all or part of the eligible costs of a qualified project.

      5.  The Bank shall determine the form and content of a loan application, financing agreement or loan obligation, including, without limitation:

      (a) The period for repayment and the rate or rates of interest on a loan; and

      (b) Any nonfinancial provisions included in a financing statement or loan obligation, including, without limitation, terms and conditions relating to the regulation and supervision of a qualified project.

Ê Such form and content must substantially conform with the documents typically used for such transactions.

      6.  The terms and conditions set forth in a financing agreement or loan obligation for a loan or other financial assistance provided by the Bank using money from a federal account must comply with all applicable federal requirements.

      Sec. 18. NRS 408.55086 is hereby amended to read as follows:

      408.55086  1.  To the extent possible, the provisions of NRS 408.55048 to 408.55088, inclusive, and sections 2 to 7, inclusive, of this act are intended to supplement other statutory provisions governing the development, construction, repair, improvement, maintenance, decommissioning, operation and ownership of transportation facilities , [and] utility infrastructure , water and wastewater infrastructure, renewable energy infrastructure, recycling and sustainability infrastructure, digital infrastructure, social infrastructure or other infrastructure related to economic development and the issuance of bonds and other securities by this State or a political subdivision thereof, and such other provisions must be given effect to the extent that those provisions do not conflict with the provisions of NRS 408.55048 to 408.55088, inclusive [.] , and sections 2 to 7, inclusive, of this act. If there is a conflict between such other provisions and the provisions of NRS 408.55048 to 408.55088, inclusive, and sections 2 to 7, inclusive, of this act, the provisions of NRS 408.55048 to 408.55088, inclusive, and sections 2 to 7, inclusive, of this act control.

 


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ê2021 Statutes of Nevada, Page 3816 (CHAPTER 553, SB 430)ê

 

      2.  The provisions of NRS 338.013 to 338.090, inclusive, apply to any contract for construction work on a qualified project if all or part of the costs of the qualified project are paid for using a loan or other financial assistance from the Bank. The Bank, the qualified borrower, any contractor who is awarded a contract or enters into an agreement to perform construction work on the qualified project, and any subcontractor who performs any portion of the construction work shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if a public body had undertaken the qualified project or had awarded the contract.

      Sec. 19. NRS 408.55088 is hereby amended to read as follows:

      408.55088  Any division of the Department of Transportation, the Department of Business and Industry, the Office of Economic Development, the State Department of Conservation and Natural Resources, the Office of the State Treasurer, the Office of Energy or any other governmental unit may, to the extent that money is available for that purpose, provide technical advice, support and assistance to the Bank.

      Sec. 20. Section 39 of chapter 575, Statutes of Nevada 2017, at page 4142, is hereby amended to read as follows:

       Sec. 39.  1.  This section and sections 37.8 and 37.9 of this act become effective upon passage and approval.

       2.  Sections 1 to 37.7, inclusive, and 38 of this act become effective [:

       (a) Upon passage and approval for the purposes of establishing the Nevada State Infrastructure Bank and appointing the Board of Directors.

       (b) For all other purposes, on the date on which the Director of the Department of Transportation notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient money is available to capitalize and carry out the business of the Nevada State Infrastructure Bank created by section 20 of this act.] on July 1, 2021.

      Sec. 21.  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. 22.  This act becomes effective on July 1, 2021.

________

 


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ê2021 Statutes of Nevada, Page 3817ê

 

CHAPTER 554, AB 422

Assembly Bill No. 422–Committee on Legislative Operations and Elections

 

CHAPTER 554

 

[Approved: June 11, 2021]

 

AN ACT relating to elections; requiring the Secretary of State to create a centralized database that collects and stores voter preregistration and registration information from all of the counties; requiring each county clerk to use the database created by the Secretary of State to collect and store preregistration and registration information; making various other changes related to the creation and use of the database created by the Secretary of State; revising provisions governing risk-limiting audits of elections; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Secretary of State to establish and maintain an official statewide voter registration list in consultation with each county and city clerk which serves as the official list of registered voters in this State. (NRS 293.675) Section 32 of this bill requires the Secretary of State to establish and maintain a centralized, top-down database that collects and stores information relating to voter preregistration and registration from all counties. Section 32 further requires: (1) the county clerks to use the database to collect and maintain all information related to voter preregistration and registration; and (2) the Secretary of State to use the voter registration information contained in the database to create the official statewide voter list. Sections 1-31, 33-37 and 39 of this bill make conforming changes to existing provisions relating to elections, voter preregistration and voter registration to account for the required use of the centralized database.

      Section 39.5 of this bill requires the Secretary of State to, beginning on January 1, 2022, and ending on January 1, 2024, submit a semi-annual report to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee detailing the progress made by the Secretary of State in implementing the provisions of this bill related to the centralized, top-down database.

      Existing law: (1) requires the Secretary of State to develop a pilot program for conducting a risk-limiting audit of the results of the 2020 general election; and (2) authorizes the Secretary of State to require each county clerk to participate in the pilot program and conduct a risk-limiting audit of the results of the 2020 general election. (Section 86 of chapter 546, Statutes of Nevada 2019, at page 3426) Effective January 1, 2022, existing law requires each county clerk to conduct a risk-limiting audit of the results of an election prior to the certification of the results of the election. (NRS 293.394) Section 37.3 of this bill delays the effective date of this requirement until January 1, 2024. Section 37.7 of this bill: (1) requires the Secretary of State to develop a pilot program for conducting a risk-limiting audit of the results of the 2022 general election; and (2) authorizes the Secretary of State to require each county clerk to participate in the pilot program and conduct a risk-limiting audit of the results of the 2022 general election.

 


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ê2021 Statutes of Nevada, Page 3818 (CHAPTER 554, AB 422)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 293.017 is hereby amended to read as follows:

      293.017  “Active registration” means a current registration of a voter in the [official register,] statewide voter registration list, entitling such voter to vote in the manner provided by this title.

      Sec. 2. NRS 293.1277 is hereby amended to read as follows:

      293.1277  1.  If the Secretary of State finds that the total number of signatures submitted to all the county clerks is 100 percent or more of the number of registered voters needed to declare the petition sufficient, the Secretary of State shall immediately so notify the county clerks. After the notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in the county clerk’s county and, in the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, shall tally the number of signatures for each petition district contained or fully contained within the county clerk’s county. This determination must be completed within 9 days, excluding Saturdays, Sundays and holidays, after the notification pursuant to this subsection regarding a petition containing signatures which are required to be verified pursuant to NRS 293.128, 295.056, 298.109 or 306.110, within 20 days, excluding Saturdays, Sundays and holidays, after the notification pursuant to this subsection regarding a petition containing signatures which are required to be verified pursuant to NRS 306.035, and within 3 days, excluding Saturdays, Sundays and holidays, after the notification pursuant to this subsection regarding a petition containing signatures which are required to be verified pursuant to NRS 293.172 or 293.200. For the purpose of verification pursuant to this section, the county clerk shall not include in his or her tally of total signatures any signature included in the incorrect petition district.

      2.  Except as otherwise provided in subsections 3 and 4, if more than 500 names have been signed on the documents submitted to a county clerk, the county clerk shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerk is given an equal opportunity to be included in the sample. The sample must include an examination of:

      (a) Except as otherwise provided in paragraph (b), at least 500 or 5 percent of the signatures, whichever is greater.

      (b) If the petition is for the recall of a public officer who holds a statewide office, at least 25 percent of the signatures.

Ê If documents were submitted to the county clerk for more than one petition district wholly contained within that county, a separate random sample must be performed for each petition district.

      3.  If a petition district comprises more than one county and the petition is for an initiative or referendum proposing a constitutional amendment or a statewide measure, and if more than 500 names have been signed on the documents submitted for that petition district, the appropriate county clerks shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerks within the petition district is given an equal opportunity to be included in the sample.

 


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ê2021 Statutes of Nevada, Page 3819 (CHAPTER 554, AB 422)ê

 

manner that every signature which has been submitted to the county clerks within the petition district is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures presented in the petition district, whichever is greater. The Secretary of State shall determine the number of signatures that must be verified by each county clerk within the petition district.

      4.  If a petition is for the recall of a public officer who does not hold a statewide office, each county clerk:

      (a) Shall not examine the signatures by sampling them at random for verification;

      (b) Shall examine for verification every signature on the documents submitted to the county clerk; and

      (c) When determining the total number of valid signatures on the documents, shall remove each name of a registered voter who submitted a request to have his or her name removed from the petition pursuant to NRS 306.015.

      5.  In determining from the records of registration the number of registered voters who signed the documents, the county clerk may use the signatures contained in the file of applications to register to vote. If the county clerk uses that file, the county clerk shall ensure that every application in the file is examined, including any application in his or her possession which may not yet be entered into the county clerk’s records. Except as otherwise provided in subsection 6, the county clerk shall rely only on the appearance of the signature and the address and date included with each signature in making his or her determination.

      6.  If:

      (a) [Pursuant to NRS 293.506, a county clerk establishes a system to allow persons to register to vote by computer;

      (b)] A person registers to vote using the system established by the Secretary of State pursuant to NRS 293.671;

      [(c)](b) A person registers to vote pursuant to NRS 293D.230 and signs his or her application to register to vote using a digital signature or an electronic signature; or

      [(d)](c) A person registers to vote pursuant to NRS 293.5742,

Ê the county clerk may rely on such other indicia as prescribed by the Secretary of State in making his or her determination.

      7.  In the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, when the county clerk is determining the number of registered voters who signed the documents from each petition district contained fully or partially within the county clerk’s county, he or she must use the statewide voter registration list available pursuant to NRS 293.675.

      8.  Except as otherwise provided in subsection 10, upon completing the examination, the county clerk shall immediately attach to the documents a certificate properly dated, showing the result of the examination, including the tally of signatures by petition district, if required, and transmit the documents with the certificate to the Secretary of State. In the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, if a petition district comprises more than one county, the appropriate county clerks shall comply with the regulations adopted by the Secretary of State pursuant to this section to complete the certificate. A copy of this certificate must be filed in the clerk’s office. When the county clerk transmits the certificate to the Secretary of State, the county clerk shall notify the Secretary of State of the number of requests to remove a name received by the county clerk pursuant to NRS 295.055 or pursuant to NRS 306.015 for a petition to recall a public officer who holds a statewide office, if applicable.

 


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ê2021 Statutes of Nevada, Page 3820 (CHAPTER 554, AB 422)ê

 

transmits the certificate to the Secretary of State, the county clerk shall notify the Secretary of State of the number of requests to remove a name received by the county clerk pursuant to NRS 295.055 or pursuant to NRS 306.015 for a petition to recall a public officer who holds a statewide office, if applicable.

      9.  A person who submits a petition to the county clerk which is required to be verified pursuant to NRS 293.128, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110 must be allowed to witness the verification of the signatures. A public officer who is the subject of a recall petition must also be allowed to witness the verification of the signatures on the petition.

      10.  For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not transmit to the Secretary of State the documents containing the signatures of the registered voters.

      11.  The Secretary of State shall by regulation establish further procedures for carrying out the provisions of this section.

      Sec. 3. NRS 293.250 is hereby amended to read as follows:

      293.250  1.  Except as otherwise provided in chapter 293D of NRS, the Secretary of State shall, in a manner consistent with the election laws of this State, prescribe:

      (a) The form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, applications to preregister and register to vote, lists, applications, registers, rosters, statements and abstracts required by the election laws of this State.

      (b) The procedures to be followed and the requirements of [:

             (1) A system established pursuant to NRS 293.506 for using a computer to register voters and to keep records of registration.

             (2) The] the system established by the Secretary of State pursuant to NRS 293.671 for using a computer to register voters.

      2.  Except as otherwise provided in chapter 293D of NRS, the Secretary of State shall prescribe with respect to the matter to be printed on every kind of ballot:

      (a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the State.

      (b) The listing of all other candidates required to file with the Secretary of State, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county or city clerk shall prepare appropriate ballot forms for use in any election in his or her county.

      3.  The Secretary of State shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voter’s choice.

      4.  The fiscal note for, explanation of, arguments for and against, and rebuttals to such arguments of each proposed constitutional amendment or statewide measure must be included on all sample ballots.

      5.  The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Attorney General. The arguments and rebuttals for or against constitutional amendments and statewide measures proposed by initiative or referendum must be prepared in the manner set forth in NRS 293.252. The fiscal notes for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau.

 


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ê2021 Statutes of Nevada, Page 3821 (CHAPTER 554, AB 422)ê

 

with the Fiscal Analysis Division of the Legislative Counsel Bureau. The condensations, explanations, arguments, rebuttals and fiscal notes must be in easily understood language and of reasonable length, and whenever feasible must be completed by August 1 of the year in which the general election is to be held. The explanations must include a digest. The digest must include a concise and clear summary of any existing laws directly related to the constitutional amendment or statewide measure and a summary of how the constitutional amendment or statewide measure adds to, changes or repeals such existing laws. For a constitutional amendment or statewide measure that creates, generates, increases or decreases any public revenue in any form, the first paragraph of the digest must include a statement that the constitutional amendment or statewide measure creates, generates, increases or decreases, as applicable, public revenue.

      6.  The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of that township or district.

      7.  A county clerk:

      (a) May divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.

      (b) Shall prescribe the color or colors of the ballots and voting receipts used in any election which the clerk is required to conduct.

      Sec. 4. NRS 293.3165 is hereby amended to read as follows:

      293.3165  1.  Except as otherwise provided in this section, a registered voter who provides sufficient written notice to the county clerk may request that the registered voter receive an absent ballot for all elections at which the registered voter is eligible to vote. The written notice is effective for all elections that are conducted after the registered voter provides the written notice to the county clerk, except that the written notice is not effective for the next ensuing election unless the written notice is provided to the county clerk before the time has elapsed for requesting an absent ballot for the election pursuant to subsection 1 of NRS 293.313.

      2.  Except as otherwise provided in this section or for an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive, upon receipt of the written notice provided by the registered voter pursuant to subsection 1, the county clerk shall:

      (a) Issue an absent ballot to the registered voter for each primary election, general election and special election, other than a special city election, that is conducted after the written notice is effective pursuant to subsection 1.

      (b) Inform the applicable city clerk of receipt of the written notice provided by the registered voter. Upon being informed of the written notice by the county clerk, the city clerk shall issue an absent ballot for each primary city election, general city election and special city election that is conducted after the written notice is effective pursuant to subsection 1.

      3.  The county clerk must not mail an absent ballot requested by a registered voter pursuant to subsection 1 if, after the request is submitted:

      (a) The registered voter is designated inactive pursuant to NRS 293.530;

      (b) The county clerk cancels the registration of the person pursuant to NRS [293.527,] 293.530, 293.535 or 293.540; [or]

      (c) The registered voter has moved to another county and the county clerk of that county has updated the voter’s registration on the statewide voter registration list pursuant to NRS 293.527; or

 


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ê2021 Statutes of Nevada, Page 3822 (CHAPTER 554, AB 422)ê

 

      (d) An absent ballot is returned to the county clerk as undeliverable, unless the registered voter has submitted a new request pursuant to subsection 1.

      4.  The procedure authorized pursuant to this section is subject to all other provisions of this chapter relating to voting by absent ballot to the extent that those provisions are not inconsistent with the provisions of this section.

      Sec. 5. NRS 293.4855 is hereby amended to read as follows:

      293.4855  1.  Every citizen of the United States who is 17 years of age or older but less than 18 years of age and has continuously resided in this State for 30 days or longer may preregister to vote by any of the methods available for a person to register to vote pursuant to this title. A person eligible to preregister to vote is deemed to be preregistered to vote upon the submission of a completed application to preregister to vote.

      2.  If a person preregisters to vote, he or she shall be deemed to be a registered voter on his or her 18th birthday unless:

      (a) The person’s preregistration has been cancelled as described in subsection 7; or

      (b) Except as otherwise provided in NRS 293D.210, on the person’s 18th birthday, he or she does not satisfy the voter eligibility requirements set forth in NRS 293.485.

      3.  The county clerk shall issue to a person who is deemed to be registered to vote pursuant to subsection 2 a voter registration card as soon as practicable after the person is deemed to be registered to vote, but the issuance of a voter registration card to the person is not a prerequisite to vote in an election.

      4.  On the date that a person who preregisters to vote is deemed to be registered to vote, his or her application to preregister to vote is deemed to be his or her application to register to vote.

      5.  If a person preregistered to vote:

      (a) By mail or computer, he or she shall be deemed to have registered to vote by mail or computer, as applicable.

      (b) In person, he or she shall be deemed to have registered to vote in person.

      6.  The preregistration information of a person may be updated by any of the methods for updating the voter registration information of a person pursuant to this chapter.

      7.  The preregistration to vote of a person may be cancelled by any of the means and for any of the reasons for cancelling voter registration pursuant to this chapter.

      8.  Except as otherwise provided in this subsection, all preregistration information relating to a person is confidential and is not a public record. Once a person’s application to preregister to vote is deemed to be an application to register to vote, any voter registration information related to the person must be disclosed pursuant to any law that requires voter registration information to be disclosed.

      9.  The Secretary of State shall adopt regulations providing for preregistration to vote. The regulations:

      (a) Must include, without limitation, provisions to ensure that once a person is deemed to be a registered voter pursuant to subsection 2, the person is issued a voter registration card as soon as practicable and is immediately added to the statewide voter registration list ; [and the registrar of voters’ register;] and

 


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ê2021 Statutes of Nevada, Page 3823 (CHAPTER 554, AB 422)ê

 

is issued a voter registration card as soon as practicable and is immediately added to the statewide voter registration list ; [and the registrar of voters’ register;] and

      (b) Must not require a county clerk to provide to a person who preregisters to vote sample ballots or any other voter information provided to registered voters unless the person will be eligible to vote at the election for which the sample ballots or other information is provided.

      Sec. 6. NRS 293.503 is hereby amended to read as follows:

      293.503  1.  The county clerk of each county where a registrar of voters has not been appointed pursuant to NRS 244.164:

      (a) Is ex officio county registrar and registrar for all precincts within the county.

      (b) Shall have the custody of all books, documents and papers pertaining to preregistration or registration provided for in this chapter.

      2.  All books, documents and papers pertaining to preregistration or registration are official records of the office of the county clerk.

      3.  The county clerk shall maintain records of any program or activity that is conducted within the county to ensure the accuracy and currency of the [registrar of voters’ register] statewide voter registration list for not less than 2 years after creation. The records must include the names and addresses of any person to whom a notice is mailed pursuant to NRS 293.5235, 293.530, or 293.535 and whether the person responded to the notice.

      4.  Any program or activity that is conducted within the county for the purpose of removing the name of each person who is ineligible to vote in the county from the [registrar of voters’ register] statewide voter registration list must be complete not later than 90 days before the next primary or general election.

      5.  Except as otherwise provided by subsection 6, all records maintained by the county clerk pursuant to subsection 3 must be available for public inspection.

      6.  Except as otherwise provided in NRS 239.0115, any information relating to where a person preregisters or registers to vote must remain confidential and is not available for public inspection. Such information may only be used by an election officer for purposes related to preregistration and registration.

      Sec. 7. NRS 293.506 is hereby amended to read as follows:

      293.506  [1.  A county clerk may, with approval of the board of county commissioners, establish a system for using a computer to register voters and to keep records of registration.

      2.  A system established pursuant to subsection 1 must:

      (a) Comply with any procedures and requirements prescribed by the Secretary of State pursuant to NRS 293.250; and

      (b) Allow a person to preregister to vote and the county clerk to keep records of preregistration by computer.

      3.]  Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, [regardless of whether a county clerk establishes a system pursuant to subsection 1,] the county clerk shall accept applications to preregister and register to vote submitted by computer to the Secretary of State through the system established by the Secretary of State pursuant to NRS 293.671.

 


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ê2021 Statutes of Nevada, Page 3824 (CHAPTER 554, AB 422)ê

 

      Sec. 8. NRS 293.510 is hereby amended to read as follows:

      293.510  1.  [Except as otherwise provided in subsection 3, in counties where computers are not used to register voters, the] Each county clerk shall [:

      (a) Segregate original applications to register to vote according to the precinct in which the registered voters reside and arrange the applications in each precinct or district in alphabetical order. The applications for each precinct or district must be kept separately] use the database created by the Secretary of State pursuant to NRS 293.675 to prepare a roster for each precinct or district. [These applications must be used to prepare the rosters.

      (b) Arrange the duplicate applications of registration in alphabetical order for the entire county and keep them in binders or a suitable file which constitutes the registrar of voters’ register.

      2.  Except as otherwise provided in subsection 3, in any county where a computer is used to register voters, the county clerk shall:

      (a) Arrange the original applications to register to vote for the entire county in a manner in which an original application may be quickly located. These original applications constitute the registrar of voters’ register.

      (b) Segregate the applications to register to vote in a computer file according to the precinct or district in which the registered voters reside, and for each precinct or district have printed a computer listing which contains the applications to register to vote in alphabetical order. These listings of applications to register to vote must be used to prepare the rosters.

      3.  From the applications to register to vote received by each county clerk, the county clerk shall:

      (a) Segregate the applications electronically transmitted by the Department of Motor Vehicles pursuant to subsection 1 of NRS 293.5747 in a computer file according to the precinct or district in which the registered voters reside; and

      (b) Arrange the applications in each precinct or district in alphabetical order.

      4.]2.  Each county clerk shall keep the applications to preregister to vote separate from the applications to register to vote until such applications are deemed to be applications to register to vote pursuant to subsection 2 of NRS 293.4855.

      Sec. 9. NRS 293.513 is hereby amended to read as follows:

      293.513  If at any time [the registrar of voters’ register] voter registration is closed for one election, but open for some other election, any elector must be permitted to register to vote for the other election . [, but the county clerk shall retain the elector’s application to register to vote in a separate file until the registrar of voters’ register is again open for filing of applications at which time all applications in the temporary file must be placed in their proper position in the registrar of voters’ register.]

      Sec. 10. NRS 293.517 is hereby amended to read as follows:

      293.517  1.  Any person who meets the qualifications set forth in NRS 293.4855 residing within the county may preregister to vote and any elector residing within the county may register to vote:

      (a) Except as otherwise provided in NRS 293.560 and 293C.527, by appearing before the county clerk, a field registrar or a voter registration agency, completing the application to preregister or register to vote, giving true and satisfactory answers to all questions relevant to his or her identity and right to preregister or register to vote, and providing proof of residence and identity;

 


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ê2021 Statutes of Nevada, Page 3825 (CHAPTER 554, AB 422)ê

 

true and satisfactory answers to all questions relevant to his or her identity and right to preregister or register to vote, and providing proof of residence and identity;

      (b) By completing and mailing or personally delivering to the county clerk an application to preregister or register to vote pursuant to the provisions of NRS 293.5235;

      (c) Pursuant to the provisions of NRS 293.5727 or 293.5742 or chapter 293D of NRS;

      (d) At his or her residence with the assistance of a field registrar pursuant to NRS 293.5237;

      (e) By submitting an application to preregister or register to vote by computer using the system [:

             (1) Established] established by the Secretary of State pursuant to NRS 293.671; or

             [(2) Established by the county clerk, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters; or]

      (f) By any other method authorized by the provisions of this title.

Ê The county clerk shall require a person to submit official identification as proof of residence and identity, such as a driver’s license or other official document, before preregistering or registering the person. If the applicant preregisters or registers to vote pursuant to this subsection and fails to provide proof of residence and identity, the applicant must provide proof of residence and identity before casting a ballot in person or by mail or after casting a provisional ballot pursuant to NRS 293.3078 to 293.3086, inclusive. For the purposes of this subsection, a voter registration card does not provide proof of the residence or identity of a person.

      2.  In addition to the methods for registering to vote described in subsection 1, an elector may register to vote pursuant to NRS 293.5772 to 293.5887, inclusive.

      3.  Except as otherwise provided in NRS 293.5732 to 293.5757, inclusive, the application to preregister or register to vote must be signed and verified under penalty of perjury by the person preregistering or the elector registering.

      4.  Each person or elector who is or has been married must be preregistered or registered under his or her own given or first name, and not under the given or first name or initials of his or her spouse.

      5.  A person or an elector who is preregistered or registered and changes his or her name must complete a new application to preregister or register to vote, as applicable. The person or elector may obtain a new application:

      (a) At the office of the county clerk or field registrar;

      (b) By submitting an application to preregister or register to vote pursuant to the provisions of NRS 293.5235;

      (c) By submitting a written statement to the county clerk requesting the county clerk to mail an application to preregister or register to vote;

      (d) At any voter registration agency; or

      (e) By submitting an application to preregister or register to vote by computer using the system [:

             (1) Established] established by the Secretary of State pursuant to NRS 293.671 . [; or

 


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ê2021 Statutes of Nevada, Page 3826 (CHAPTER 554, AB 422)ê

 

             (2) Established by the county clerk, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters.]

Ê If the elector fails to register under his or her new name, the elector may be challenged pursuant to the provisions of NRS 293.303 or 293C.292 and may be required to furnish proof of identity and subsequent change of name.

      6.  Except as otherwise provided in subsection 8 and NRS 293.5742 to 293.5757, inclusive, 293.5767 and 293.5772 to 293.5887, inclusive, an elector who registers to vote pursuant to paragraph (a) of subsection 1 shall be deemed to be registered upon the completion of an application to register to vote.

      7.  After the county clerk determines that the application to register to vote of a person is complete and that, except as otherwise provided in NRS 293D.210, the person is eligible to vote pursuant to NRS 293.485, the county clerk shall issue a voter registration card to the voter.

      8.  If a person or an elector submits an application to preregister or register to vote or an affidavit described in paragraph (c) of subsection 1 of NRS 293.507 that contains any handwritten additions, erasures or interlineations, the county clerk may object to the application if the county clerk believes that because of such handwritten additions, erasures or interlineations, the application is incomplete or that, except as otherwise provided in NRS 293D.210, the person is not eligible to preregister pursuant to NRS 293.4855 or the elector is not eligible to vote pursuant to NRS 293.485, as applicable. If the county clerk objects pursuant to this subsection, he or she shall immediately notify the person or elector, as applicable, and the district attorney of the county. Not later than 5 business days after the district attorney receives such notification, the district attorney shall advise the county clerk as to whether:

      (a) The application is complete and, except as otherwise provided in NRS 293D.210, the person is eligible to preregister pursuant to NRS 293.4855 or the elector is eligible to vote pursuant to NRS 293.485; and

      (b) The county clerk should proceed to process the application.

      9.  If the district attorney advises the county clerk to process the application pursuant to subsection 8, the county clerk shall immediately issue a voter registration card to the applicant, unless the applicant is preregistered to vote and does not currently meet the requirements to be issued a voter registration card pursuant to NRS 293.4855.

      Sec. 11. NRS 293.518 is hereby amended to read as follows:

      293.518  1.  Except as otherwise provided in NRS 293.5737 and 293.5742, at the time a person preregisters or an elector registers to vote, the person or elector must indicate:

      (a) A political party affiliation; or

      (b) That he or she is not affiliated with a political party.

Ê A person or an elector who indicates that he or she is “independent” shall be deemed not affiliated with a political party.

      2.  If a person or an elector indicates that he or she is not affiliated with a political party, or is independent, the county clerk or field registrar of voters shall list the person’s or elector’s political party as nonpartisan.

      3.  If a person or an elector indicates an affiliation with a major political party or a minor political party that has filed a certificate of existence with the Secretary of State, the county clerk or field registrar of voters shall list the person’s or elector’s political party as indicated by the person or elector.

 


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ê2021 Statutes of Nevada, Page 3827 (CHAPTER 554, AB 422)ê

 

      4.  If a person or an elector indicates an affiliation with a minor political party that has not filed a certificate of existence with the Secretary of State, the county clerk or field registrar of voters shall:

      (a) List the person’s or elector’s political party as the party indicated in the application to preregister or register to vote, as applicable.

      (b) When compiling data related to preregistration and voter registration for the county, report the person’s or elector’s political party as “other party.”

      5.  Except as otherwise provided in subsection 6, if a person or an elector does not make any of the indications described in subsection 1, the county clerk or field registrar of voters shall:

      (a) List the person’s or elector’s political party as nonpartisan; and

      (b) Mail to the person or elector a notice setting forth that the person has been preregistered or the elector has been registered to vote, as applicable, as a nonpartisan because he or she did not make any of the indications described in subsection 1.

      6.  Except as otherwise provided in subsection 7, if a person who is preregistered or registered to vote:

      (a) Submits a new paper application to preregister or register to vote ; [in the same county in which the person is preregistered or registered to vote;] and

      (b) Does not make any of the indications described in subsection 1 on the new paper application,

Ê the county clerk or field registrar of voters shall not change the person’s existing political party affiliation that was established by his or her prior application pursuant to this section and is listed in the [current records of the county clerk.] statewide voter registration list.

      7.  The provisions of subsection 6 do not apply to a voter who registers to vote using the National Mail Voter Registration Application promulgated by the United States Election Assistance Commission pursuant to the National Voter Registration Act, 52 U.S.C. §§ 20501 et seq., as amended.

      Sec. 12. NRS 293.5235 is hereby amended to read as follows:

      293.5235  1.  Except as otherwise provided in NRS 293.502 and chapter 293D of NRS, a person may preregister or register to vote by:

      (a) Mailing an application to preregister or register to vote to the county clerk of the county in which the person resides.

      (b) A computer using [:

             (1) The] the system established by the Secretary of State pursuant to NRS 293.671 . [; or

             (2) A system established by the county clerk, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to preregister or register to vote.]

      (c) Any other method authorized by the provisions of this title.

      2.  The county clerk shall, upon request, mail an application to preregister or register to vote to an applicant. The county clerk shall make the applications available at various public places in the county.

      3.  Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive:

      (a) An application to preregister to vote may be used to correct information in a previous application.

      (b) An application to register to vote may be used to correct information in the [registrar of voters’ register.] statewide voter registration list.

 


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ê2021 Statutes of Nevada, Page 3828 (CHAPTER 554, AB 422)ê

 

      4.  An application to preregister or register to vote which is mailed to an applicant by the county clerk or made available to the public at various locations or voter registration agencies in the county may be returned to the county clerk by mail or in person. For the purposes of this section, an application which is personally delivered to the county clerk shall be deemed to have been returned by mail.

      5.  The applicant must complete the application, including, without limitation, checking the boxes described in paragraphs (b) and (c) of subsection 12 and signing the application.

      6.  The county clerk shall, upon receipt of an application, determine whether the application is complete.

      7.  If the county clerk determines that the application is complete, he or she shall, within 10 days after receiving the application, mail to the applicant:

      (a) A notice that the applicant is preregistered or registered to vote, as applicable. If the applicant is registered to vote, the county clerk must also mail to the applicant a voter registration card; or

      (b) A notice that the person’s application to preregister to vote or the [registrar of voters’ register] statewide voter registration list has been corrected to reflect any changes indicated on the application.

      8.  Except as otherwise provided in subsections 5 and 6 of NRS 293.518 and NRS 293.5767, if the county clerk determines that the application is not complete, the county clerk shall, as soon as possible, mail a notice to the applicant that additional information is required to complete the application. If the applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after receiving the information, mail to the applicant:

      (a) A notice that the applicant is:

             (1) Preregistered to vote; or

             (2) Registered to vote and a voter registration card; or

      (b) A notice that the person’s application to preregister to vote or the [registrar of voters’ register] statewide voter registration list has been corrected to reflect any changes indicated on the application.

Ê If the applicant does not provide the additional information within the prescribed period, the application is void.

      9.  The applicant shall be deemed to be preregistered or registered or to have corrected the information in the application to preregister to vote or the [registrar of voters’ register] statewide voter registration list on the date the application is postmarked or received by the county clerk, whichever is earlier.

      10.  If the applicant fails to check the box described in paragraph (b) of subsection 12, the application shall not be considered invalid, and the county clerk shall provide a means for the applicant to correct the omission at the time the applicant appears to vote in person at the assigned polling place.

      11.  The Secretary of State shall prescribe the form for applications to preregister or register to vote by:

      (a) Mail, which must be used to preregister or register to vote by mail in this State.

      (b) Computer, which must be used to preregister or register to vote by computer using [:

             (1) The] the system established by the Secretary of State pursuant to NRS 293.671 . [; or

 


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ê2021 Statutes of Nevada, Page 3829 (CHAPTER 554, AB 422)ê

 

             (2) A system established by the county clerk, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to preregister or register to vote.]

      12.  The application to preregister or register to vote by mail must include:

      (a) A notice in at least 10-point type which states:

 

       NOTICE: You are urged to return your application to the County Clerk in person or by mail. If you choose to give your completed application to another person to return to the County Clerk on your behalf, and the person fails to deliver the application to the County Clerk, you will not be preregistered or registered to vote, as applicable. Please retain the duplicate copy or receipt from your application to preregister or register to vote.

 

      (b) The question, “Are you a citizen of the United States?” and boxes for the applicant to check to indicate whether or not the applicant is a citizen of the United States.

      (c) If the application is to:

             (1) Preregister to vote, the question, “Are you at least 17 years of age and not more than 18 years of age?” and boxes to indicate whether or not the applicant is at least 17 years of age and not more than 18 years of age.

             (2) Register to vote, the question, “Will you be at least 18 years of age on or before election day?” and boxes for the applicant to check to indicate whether or not the applicant will be at least 18 years of age or older on election day.

      (d) A statement instructing the applicant not to complete the application if the applicant checked “no” in response to the question set forth in:

             (1) If the application is to preregister to vote, paragraph (b) or subparagraph (1) of paragraph (c).

             (2) If the application is to register to vote, paragraph (b) or subparagraph (2) of paragraph (c).

      (e) A statement informing the applicant that if the application is submitted by mail and the applicant is preregistering or registering to vote for the first time, the applicant must submit the information set forth in paragraph (a) of subsection 2 of NRS 293.2725 to avoid the requirements of subsection 1 of NRS 293.2725 upon voting for the first time.

      13.  Except as otherwise provided in subsections 5 and 6 of NRS 293.518, the county clerk shall not preregister or register a person to vote pursuant to this section unless that person has provided all of the information required by the application.

      14.  The county clerk shall mail, by postcard, the notices required pursuant to subsections 7 and 8. If the postcard is returned to the county clerk by the United States Postal Service because the address is fictitious or the person does not live at that address, the county clerk shall attempt to determine whether the person’s current residence is other than that indicated on the application to preregister or register to vote in the manner set forth in NRS 293.530.

      15.  A person who, by mail, preregisters or registers to vote pursuant to this section may be assisted in completing the application to preregister or register to vote by any other person. The application must include the mailing address and signature of the person who assisted the applicant. The failure to provide the information required by this subsection will not result in the application being deemed incomplete.

 


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ê2021 Statutes of Nevada, Page 3830 (CHAPTER 554, AB 422)ê

 

failure to provide the information required by this subsection will not result in the application being deemed incomplete.

      16.  An application to preregister or register to vote must be made available to all persons, regardless of political party affiliation.

      17.  An application must not be altered or otherwise defaced after the applicant has completed and signed it. An application must be mailed or delivered in person to the office of the county clerk within 10 days after it is completed.

      18.  A person who willfully violates any of the provisions of subsection 15, 16 or 17 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      19.  The Secretary of State shall adopt regulations to carry out the provisions of this section.

      Sec. 13. NRS 293.525 is hereby amended to read as follows:

      293.525  1.  Any elector who is presently registered and has changed residence after the last preceding general election and who fails to return or never receives a postcard mailed pursuant to NRS 293.5235, 293.530 or 293.535 who moved:

      (a) From one precinct to another or from one congressional district to another within the same county must be allowed to vote in the precinct where the elector previously resided after providing an oral or written affirmation before an election board officer attesting to his or her new address.

      (b) Within the same precinct must be allowed to vote after providing an oral or written affirmation before an election board officer attesting to his or her new address.

      2.  If an elector alleges that the [records in the registrar of voters’ register] statewide voter registration list or the roster incorrectly indicate that the elector has changed residence, the elector must be permitted to vote after providing an oral or written affirmation before an election board officer attesting that he or she continues to reside at the same address.

      3.  If an elector refuses to provide an oral or written affirmation attesting to his or her address as required by this section, the elector may only vote at the special polling place in the county in the manner set forth in NRS 293.304.

      4.  The county clerk shall use any information regarding the current address of an elector obtained pursuant to this section to correct information in the [registrar of voters’ register] statewide voter registration list and the roster.

      Sec. 14. NRS 293.527 is hereby amended to read as follows:

      293.527  When a person moves to another county and preregisters to vote therein, or an elector moves to another county and registers to vote therein, the county clerk of the county where the person or elector has moved shall [send a cancellation notice to the clerk of the county in which the person or elector previously resided. The county clerk receiving such a notice shall cancel the preregistration or registration of the person or elector and place it in a cancelled file.] update the person’s preregistration or elector’s registration, as applicable, in the database created by the Secretary of State pursuant to NRS 293.675.

      Sec. 15. NRS 293.533 is hereby amended to read as follows:

      293.533  Any elector may bring and any number of electors may join in an action or proceeding in a district court to compel the county clerk to enter the name of such elector or electors in the [registrar of voters’ register] statewide voter registration list and the roster.

 


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ê2021 Statutes of Nevada, Page 3831 (CHAPTER 554, AB 422)ê

 

the name of such elector or electors in the [registrar of voters’ register] statewide voter registration list and the roster.

      Sec. 16. NRS 293.537 is hereby amended to read as follows:

      293.537  1.  The county clerk of each county shall maintain:

      (a) A file of the applications to preregister to vote of persons who have cancelled their preregistration; and

      (b) A file of the applications to register to vote of electors who have cancelled their registration , [.]

Ê in the database created by the Secretary of State pursuant to NRS 293.675. The files must be kept in alphabetical order. The county clerk shall mark the applications “Cancelled,” and indicate thereon the reason for cancellation.

      2.  If the county clerk finds that the preregistration of a person was cancelled erroneously, the county clerk shall reinstate the person’s application to preregister to vote.

      3.  If the county clerk finds that the registration of an elector was cancelled erroneously, the county clerk shall reregister the elector or on election day allow the elector whose registration was erroneously cancelled to vote pursuant to NRS 293.304, 293.525, 293C.295 or 293C.525.

      4.  The county clerk [may:

      (a) Microfilm the applications to preregister or register to vote of a person or an elector who cancels his or her preregistration or registration, as applicable, and destroy the originals at any time.

      (b) Record] shall record cancelled applications to preregister or register to vote [by computer] in the database created by the Secretary of State pursuant to NRS 293.675 and destroy the originals at any time.

      [(c) Destroy any application to preregister or register to vote of a person or an elector who cancels his or her preregistration or registration, as applicable, after the expiration of 3 years after the date of cancellation.]

      Sec. 17. NRS 293.541 is hereby amended to read as follows:

      293.541  1.  The county clerk shall cancel the preregistration of a person or the registration of a voter if:

      (a) After consultation with the district attorney, the district attorney determines that there is probable cause to believe that information in the application to preregister or register to vote concerning the identity or residence of the person or voter is fraudulent;

      (b) The county clerk provides a notice as required pursuant to subsection 2 or executes an affidavit of cancellation pursuant to subsection 3; and

      (c) The person or voter fails to present satisfactory proof of identity and residence pursuant to subsection 2, 4 or 5.

      2.  Except as otherwise provided in subsection 3, the county clerk shall notify the person or voter by registered or certified mail, return receipt requested, of a determination made pursuant to subsection 1. The notice must set forth the grounds for cancellation. Unless the person or voter, within 15 days after the return receipt has been filed in the office of the county clerk, presents satisfactory proof of identity and residence to the county clerk, the county clerk shall cancel the person’s preregistration or the voter’s registration, as applicable.

      3.  If insufficient time exists before a pending election to provide the notice required by subsection 2 to a registered voter, the county clerk shall execute an affidavit of cancellation and [file the affidavit of cancellation with the registrar of voters’ register and:

 


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ê2021 Statutes of Nevada, Page 3832 (CHAPTER 554, AB 422)ê

 

      (a) In counties where records of registration are not kept by computer, the county clerk shall] attach a copy of the affidavit of cancellation in the roster.

      [(b) In counties where records of registration are kept by computer, the county clerk shall have the affidavit of cancellation printed on the computer entry for the registration and add a copy of it to the roster.]

      4.  If a voter appears to vote at the election next following the date that an affidavit of cancellation was executed for the voter pursuant to this section, the voter must be allowed to vote only if the voter furnishes:

      (a) Official identification which contains a photograph of the voter, including, without limitation, a driver’s license or other official document; and

      (b) Satisfactory identification that contains proof of the address at which the voter actually resides and that address is consistent with the address listed on the roster.

      5.  If a determination is made pursuant to subsection 1 concerning information in the registration to vote of a voter and an absent ballot or a ballot voted by a voter who resides in a mailing precinct is received from the voter, the ballot must be kept separate from other ballots and must not be counted unless the voter presents satisfactory proof to the county clerk of identity and residence before such ballots are counted on election day.

      6.  For the purposes of this section, a voter registration card does not provide proof of the:

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

      (b) Residence or identity of a person.

      Sec. 18. NRS 293.547 is hereby amended to read as follows:

      293.547  1.  After the 30th day but not later than the 25th day before any election, a written challenge may be filed with the county clerk.

      2.  A registered voter may file a written challenge if:

      (a) He or she is registered to vote in the same precinct as the person whose right to vote is challenged; and

      (b) The challenge is based on the personal knowledge of the registered voter.

      3.  The challenge must be signed and verified by the registered voter and name the person whose right to vote is challenged and the ground of the challenge.

      4.  A challenge filed pursuant to this section must not contain the name of more than one person whose right to vote is challenged. The county clerk shall not accept for filing any challenge which contains more than one such name.

      5.  The county clerk shall:

      (a) [File the challenge in the registrar of voters’ register and:

             (1) In counties where records of registration are not kept by computer, he or she shall attach] Attach a copy of the challenge to the challenged registration in the roster.

             [(2) In counties where records of registration are kept by computer, he or she shall have the challenge printed on the computer entry for the challenged registration and add a copy of it to the roster.]

      (b) Within 5 days after a challenge is filed, mail a notice in the manner set forth in NRS 293.530 to the person whose right to vote has been challenged pursuant to this section informing the person of the challenge. If the person fails to respond or appear to vote within the required time, the county clerk shall cancel the person’s registration.

 


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ê2021 Statutes of Nevada, Page 3833 (CHAPTER 554, AB 422)ê

 

county clerk shall cancel the person’s registration. A copy of the challenge and information describing how to reregister properly must accompany the notice.

      (c) Immediately notify the district attorney. A copy of the challenge must accompany the notice.

      6.  Upon receipt of a notice pursuant to this section, the district attorney shall investigate the challenge within 14 days and, if appropriate, cause proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. The court shall give such proceedings priority over other civil matters that are not expressly given priority by law. Upon court order, the county clerk shall cancel the registration of the person whose right to vote has been challenged pursuant to this section.

      Sec. 19. NRS 293.548 is hereby amended to read as follows:

      293.548  1.  A person who files a written challenge pursuant to NRS 293.547 or an affidavit pursuant to NRS 293.535 may withdraw the challenge or affidavit not later than the 25th day before the date of the election, by submitting a written request to the county clerk. Upon receipt of the request, the county clerk shall:

      (a) Remove the challenge or affidavit from [the registrar of voters’ register,] any roster and any other record in which the challenge or affidavit has been filed or entered;

      (b) If a notice of the challenge or affidavit has been mailed to the person who is the subject of the challenge or affidavit, mail a notice and a copy of the request to withdraw to that person; and

      (c) If a notice of the challenge has been mailed to the district attorney, mail a notice and a copy of the request to withdraw to the district attorney.

      2.  If the county clerk receives a request to withdraw pursuant to subsection 1, the county clerk shall withdraw the person’s challenge or affidavit.

      Sec. 20. NRS 293.560 is hereby amended to read as follows:

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

      (a) For a primary or general election, or a recall or special election that is held on the same day as a primary or general election, the last day to register to vote:

             (1) By mail is the fourth Tuesday preceding the primary or general election.

             (2) By appearing in person at the office of the county clerk or, if open, a county facility designated pursuant to NRS 293.5035, is the fourth Tuesday preceding the primary or general election.

             (3) [By computer, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters, is the Thursday preceding the primary or general election, unless the system is used to register voters for the election pursuant to NRS 293.5842 or 293.5847.

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

 


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ê2021 Statutes of Nevada, Page 3834 (CHAPTER 554, AB 422)ê

 

      (b) If a recall or special election is not held on the same day as a primary or general election, the last day to register to vote for the recall or special election by any method of registration is the third Saturday preceding the recall or special election.

      2.  Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, after the deadlines for the close of registration for a primary or general election set forth in subsection 1, no person may register to vote for the election.

      3.  Except for a recall or special election held pursuant to chapter 306 or 350 of NRS:

      (a) The county clerk of each county shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the county indicating:

             (1) The day and time that each method of registration for the election, as set forth in subsection 1, will be closed; and

             (2) If the county clerk has designated a county facility pursuant to NRS 293.5035, the location of that facility.

Ê If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest county in this State.

      (b) The notice must be published once each week for 4 consecutive weeks next preceding the day that the last method of registration for the election, as set forth in subsection 1, will be closed.

      4.  The offices of the county clerk, a county facility designated pursuant to NRS 293.5035 and other ex officio registrars may remain open on the last Friday in October in each even-numbered year.

      5.  A county facility designated pursuant to NRS 293.5035 may be open during the periods described in this section for such hours of operation as the county clerk may determine, as set forth in subsection 3 of NRS 293.5035.

      Sec. 21. NRS 293.5727 is hereby amended to read as follows:

      293.5727  1.  Except as otherwise provided in this section, the Department of Motor Vehicles shall provide a paper application to preregister or register to vote to each person who:

      (a) Applies for the issuance or renewal of any type of driver’s license or identification card issued by the Department; and

      (b) Does not apply to register to vote pursuant to NRS 293.5742.

      2.  The county clerk shall use the paper applications to preregister or register to vote which are signed and completed pursuant to subsection 1 to preregister or register [applicants] an applicant to vote or to correct [information in a person’s previous application to preregister or the registrar of voters’ register.] the preregistration or registration of the applicant, as applicable. A paper application that is not signed must not be used to preregister or register or correct the preregistration or registration of the applicant.

      3.  For the purposes of this section, each employee specifically authorized to do so by the Director of the Department may oversee the completion of a paper application. The authorized employee shall check the paper application for completeness and verify the information required by the paper application. Each paper application must include a duplicate copy or receipt to be retained by the applicant upon completion of the form. The Department shall, except as otherwise provided in this subsection, forward each paper application on a weekly basis to the county clerk or, if applicable, to the registrar of voters of the county in which the applicant resides.

 


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ê2021 Statutes of Nevada, Page 3835 (CHAPTER 554, AB 422)ê

 

to the registrar of voters of the county in which the applicant resides. The paper applications must be forwarded daily during the 2 weeks immediately preceding the last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable.

      4.  The Department is not required to provide a paper application to register to vote pursuant to subsection 1 to a person who declines to apply to register to vote pursuant to this section and submits to the Department a written form that meets the requirements of 52 U.S.C. § 20506(a)(6). Information related to the declination to apply to register to vote must not be used for any purpose other than voter registration.

      5.  The county clerk shall accept any paper application to:

      (a) Preregister to vote at any time.

      (b) Register to vote which is obtained from the Department of Motor Vehicles pursuant to this section and completed by the last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable, if the county clerk receives the paper application not later than 5 days after that date.

      6.  Upon receipt of a paper application, the county clerk or field registrar of voters shall determine whether the paper application is complete. If the county clerk or field registrar of voters determines that the paper application is complete, he or she shall notify the applicant and the applicant shall be deemed to be preregistered or registered as of the date of the submission of the paper application. If the county clerk or field registrar of voters determines that the paper application is not complete, he or she shall notify the applicant of the additional information required. The applicant shall be deemed to be preregistered or registered as of the date of the initial submission of the paper application if the additional information is provided within 15 days after the notice for the additional information is mailed. If the applicant has not provided the additional information within 15 days after the notice for the additional information is mailed, the incomplete paper application is void. Any notification required by this subsection must be given by mail at the mailing address on the paper application not more than 7 working days after the determination is made concerning whether the paper application is complete.

      7.  The county clerk shall use any form submitted to the Department to correct information on a driver’s license or identification card to correct information on a previous application to preregister or [in the registrar of voters’ register,] register unless the person indicates on the form that the correction is not to be used for the purposes of preregistration or voter registration. The Department shall forward each such form to the county clerk or, if applicable, to the registrar of voters of the county in which the person resides in the same manner provided by subsection 3 for paper applications to preregister or register to vote.

      8.  Upon receipt of a form to correct information, the county clerk shall compare the information to that contained in the [application to preregister to vote or the registrar of voters’ register, as applicable.] database created by the Secretary of State pursuant to NRS 293.675. The county clerk shall correct the information to reflect any changes indicated on the form. After making any changes, the county clerk shall notify the person by mail that the records have been corrected.

      9.  The Secretary of State shall, with the approval of the Director, adopt regulations to:

 


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ê2021 Statutes of Nevada, Page 3836 (CHAPTER 554, AB 422)ê

 

      (a) Establish any procedure necessary to provide a person who applies to preregister to vote or an elector who applies to register to vote pursuant to this section the opportunity to do so;

      (b) Prescribe the contents of any forms or paper applications which the Department is required to distribute pursuant to this section; and

      (c) Provide for the transfer of the completed paper applications of preregistration or registration from the Department to the appropriate county clerk.

      Sec. 22. NRS 293.5732 is hereby amended to read as follows:

      293.5732  1.  The Secretary of State [,] and the Department of Motor Vehicles [and each county clerk] shall cooperatively establish a system by which voter registration information that is collected pursuant to NRS 293.5742 by the Department from a person who submits an application for the issuance or renewal of or change of address for any type of driver’s license or identification card issued by the Department must be transmitted electronically to the database created by the Secretary of State [and the county clerks] pursuant to NRS 293.675 for the purpose of registering the person to vote or updating the voter registration information of the person for the purpose of correcting the statewide voter registration list pursuant to NRS 293.530.

      2.  The system established pursuant to subsection 1 must:

      (a) Ensure the secure electronic storage of information collected pursuant to NRS 293.5742, the secure transmission of such information to the database created by the Secretary of State [and county clerks] pursuant to NRS 293.675 and the secure electronic storage of such information [by the Secretary of State and county clerks;] in the database;

      (b) Provide for the destruction of records by the Department as required by subsection 2 of NRS 293.5747; and

      (c) Enable the county clerks to receive, view and collate the information into individual electronic documents pursuant to paragraph (c) of subsection 1 of NRS 293.5742.

      Sec. 23. NRS 293.5737 is hereby amended to read as follows:

      293.5737  1.  The Department of Motor Vehicles shall follow the procedures described in this section and NRS 293.5742 and 293.5747 if a person applies to the Department for the issuance or renewal of or change of address for any type of driver’s license or identification card issued by the Department.

      2.  Before concluding the person’s transaction with the Department, the Department shall notify each person described in subsection 1:

      (a) Of the qualifications to vote in this State, as provided by NRS 293.485;

      (b) That, unless the person affirmatively declines in writing to apply to register to vote or have his or her voter registration information updated, as applicable:

             (1) The person is deemed to have consented to the transmission of information to the database created by the Secretary of State [and the county clerks] pursuant to NRS 293.675 for the purpose of registering the person to vote or updating the voter registration information of the person for the purpose of correcting the statewide voter registration list pursuant to NRS 293.530; and

             (2) The Department will transmit to the [county clerk of the county in which the person resides] database created by the Secretary of State pursuant to NRS 293.675 all information required to register the person to vote pursuant to this chapter or to update the voter registration information of the person for the purpose of correcting the statewide voter registration list pursuant to NRS 293.530;

 


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ê2021 Statutes of Nevada, Page 3837 (CHAPTER 554, AB 422)ê

 

pursuant to NRS 293.675 all information required to register the person to vote pursuant to this chapter or to update the voter registration information of the person for the purpose of correcting the statewide voter registration list pursuant to NRS 293.530;

      (c) That:

             (1) Indicating a political party affiliation or indicating that the person is not affiliated with a political party is voluntary;

             (2) The person may indicate a political party affiliation on a paper or electronic form provided by the Department; and

             (3) The person will not be able to vote at a primary election or primary city election for candidates for partisan offices of a major political party unless the person updates his or her voter registration information to indicate a major political party affiliation; and

      (d) Of the provisions of subsections 2 and 3 of NRS 293.5757.

      3.  The failure or refusal of the person to acknowledge that he or she has received the notice required by subsection 2:

      (a) Is not a declination by the person to apply to register to vote or have his or her voter registration information updated; and

      (b) Shall not be deemed to affect any duty of the Department, the Secretary of State or any county clerk:

             (1) Relating to the application of the person to register to vote; or

             (2) To update the voter registration information of the person.

      4.  The Department:

      (a) Shall prescribe by regulation the form of the notice required by subsection 2 and the procedure for providing it; and

      (b) Shall not require the person to acknowledge that he or she has received the notice required by subsection 2.

      Sec. 24. NRS 293.5742 is hereby amended to read as follows:

      293.5742  1.  Unless the person affirmatively declines in writing to apply to register to vote or have his or her voter registration information updated, as applicable, if a person applies to the Department of Motor Vehicles for the issuance or renewal of or change of address for a driver’s license or identification card issued by the Department, the Department shall collect from the person:

      (a) A paper or electronic affirmation signed under penalty of perjury that the person is eligible to vote;

      (b) An electronic facsimile of the signature of the person, if the Department is capable of recording, storing and transmitting to the [county clerk] database created by the Secretary of State pursuant to NRS 293.675 an electronic facsimile of the signature of the person;

      (c) Any personal information which the person has not already provided to the Department and which is required for the person to register to vote or to update the voter registration information of the person, including:

             (1) The first or given name and the surname of the person;

             (2) The address at which the voter actually resides as set forth in NRS 293.486 and, if different, the address at which the person may receive mail, including, without limitation, a post office box or general delivery;

             (3) The date of birth of the person;

             (4) Except as otherwise provided in subsection 2, one of the following:

 


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ê2021 Statutes of Nevada, Page 3838 (CHAPTER 554, AB 422)ê

 

                   (I) The number indicated on the person’s current and valid driver’s license or identification card issued by the Department, if the person has such a driver’s license or identification card; or

                   (II) The last four digits of the person’s social security number, if the person does not have a driver’s license or identification card issued by the Department and has a social security number; and

             (5) The political party affiliation, if any, indicated by the person; and

      (d) The paper or electronic form, if any, completed by the person and indicating his or her political party affiliation.

      2.  If the person does not have the identification described in subparagraph (4) of paragraph (c) of subsection 1, the person must sign an affidavit stating that he or she does not have a current and valid driver’s license or identification card issued by the Department or a social security number. Upon receipt of the affidavit, the county clerk shall issue an identification number to the person which must be the same number as the unique identifier assigned to the person for the purpose of the statewide voter registration list.

      Sec. 25. NRS 293.5747 is hereby amended to read as follows:

      293.5747  1.  Except as otherwise provided in this subsection, the Department of Motor Vehicles shall electronically transmit to the database created by Secretary of State [and the appropriate county clerk] pursuant to NRS 293.675 the information and any electronic documents collected from a person pursuant to NRS 293.5742:

      (a) Except as otherwise provided in paragraph (b), not later than 5 working days after collecting the information; and

      (b) During the 2 weeks immediately preceding the fifth Sunday preceding an election, not later than 1 working day after collecting the information.

      2.  The Department shall destroy any record containing information collected pursuant to NRS 293.5742 that is not otherwise collected by the Department in the normal course of business immediately after transmitting the information to the database created by the Secretary of State [and county clerk] pursuant to subsection 1.

      3.  The Department shall forward the following paper documents on a weekly basis to the [appropriate county clerk,] database created by the Secretary of State pursuant to NRS 293.675 or daily during the 2 weeks immediately preceding the fifth Sunday preceding an election:

      (a) Each signed affirmation collected pursuant to paragraph (a) of subsection 1 of NRS 293.5742;

      (b) Any completed form indicating a political party affiliation collected pursuant to paragraph (d) of subsection 1 of NRS 293.5742; and

      (c) Any affidavit signed pursuant to subsection 2 of NRS 293.5742.

      Sec. 26. NRS 293.5752 is hereby amended to read as follows:

      293.5752  1.  Unless the person affirmatively declines in writing to apply to register to vote or have his or her voter registration information updated, as applicable, if a person applies to the Department of Motor Vehicles for the issuance or renewal of or change of address for any type of driver’s license or identification card issued by the Department:

      (a) The person shall be deemed an applicant to register to vote.

      (b) Any action taken by the person pursuant to NRS 293.5742 shall be deemed an act of applying to register to vote.

 


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ê2021 Statutes of Nevada, Page 3839 (CHAPTER 554, AB 422)ê

 

      (c) Upon receipt of the information collected from the person and transmitted to [a county clerk] the database created by the Secretary of State pursuant to NRS 293.675 by the Department of Motor Vehicles, the appropriate county clerk shall collate the information into an individual electronic document [,] in the database, which shall be deemed an application to register to vote.

      (d) Unless the applicant is already registered to vote, the date on which the person applies to register to vote pursuant to NRS 293.5742 shall be deemed the date on which the applicant registered to vote.

      2.  If the county clerk determines that the application is complete and that the applicant is eligible to vote pursuant to NRS 293.485, the county clerk shall ensure that the name of the applicant [must appear] appears on the statewide voter registration list and the appropriate roster, and the person must be provided all sample ballots and any other voter information provided to registered voters. If the county clerk determines that the application is not complete, he or she shall notify the applicant that additional information is required in accordance with the provisions of NRS 293.5727.

      3.  For each applicant who applies to register to vote pursuant to NRS 293.5742:

      (a) The electronic facsimile of the signature of the applicant shall be deemed to be the facsimile of the signature on the person’s application to register to vote to be used for the comparison purposes of NRS 293.277 if [:

             (1) An] an electronic facsimile of the signature has been collected and transmitted [to the county clerk of the county in which the applicant resides] pursuant to NRS 293.5742 and 293.5747, respectively; [and

             (2) The county clerk is capable of receiving, storing and using the facsimile of the signature for that purpose;] or

      (b) If the conditions described in paragraph (a) are not met, the signature of the applicant on the affirmation signed pursuant to paragraph (a) of subsection 1 of NRS 293.5742 shall be deemed to be the signature on the person’s application to register to vote for the purpose of making a facsimile thereof to be used for the comparison purposes of NRS 293.277.

      4.  If an applicant is already registered to vote, the county clerk shall use the voter registration information of the applicant transmitted by the Department of Motor Vehicles to correct the statewide voter registration list pursuant to NRS 293.530, if necessary.

      Sec. 27. NRS 293.5762 is hereby amended to read as follows:

      293.5762  1.  At the time the Department of Motor Vehicles notifies a person of the qualifications to vote in this State pursuant to NRS 293.5737, the Department shall provide the person with a paper form on which the person may:

      (a) Affirmatively decline to be registered to vote or have his or her voter registration updated; and

      (b) Elect to indicate a political party affiliation.

      2.  The form provided by the Department pursuant to subsection 1:

      (a) Must include a notice informing the person of the information required pursuant to paragraphs (b) and (c) of subsection 2 of NRS 293.5737, and that the person may:

             (1) Return the completed form at the end of his or her transaction with the Department by depositing the form in the secured container provided by the Department pursuant to subsection 3; or

 


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ê2021 Statutes of Nevada, Page 3840 (CHAPTER 554, AB 422)ê

 

             (2) Use the system established by the Secretary of State pursuant to NRS 293.671 to update his or her voter registration information, including, without limitation, the person’s name, address and party affiliation.

      (b) May include any other information that the Department determines is necessary to carry out the provisions of this section.

      3.  The Department shall provide a secured container within the Department designated for the return of any form provided to a person pursuant to this section.

      4.  For the purposes of NRS 293.5742 and 293.5747:

      (a) If a person deposits the completed form in the secured container at the end of his or her transaction with the Department and has not affirmatively declined in the form to be registered to vote or have his or her voter registration updated:

             (1) The Department shall be deemed to have collected the information contained in the form from the person during his or her transaction with the Department; and

             (2) The person shall be deemed to have consented to the transmission of that information and the other information and documents collected during his or her transaction with the Department to the database created by the Secretary of State [and the appropriate county clerks] pursuant to NRS 293.675 for the purpose of registering the person to vote or updating the person’s existing voter registration information in order to correct the statewide voter registration list pursuant to NRS 293.530, if necessary.

      (b) If a person does not deposit the form in the secured container at the end of his or her transaction with the Department:

             (1) The person shall be deemed to have consented to the transmission of the information and documents collected during his or her transaction with the Department to the database created by the Secretary of State [and the appropriate county clerks] pursuant to NRS 293.675 for the purpose of registering the person to vote or updating the person’s existing voter registration information in order to correct the statewide voter registration list pursuant to NRS 293.530, if necessary.

             (2) The appropriate county clerk shall list the person’s political party as nonpartisan, unless the person is already a registered voter listed as affiliated with a political party in the person’s existing voter registration information.

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

      Sec. 28. NRS 293.5767 is hereby amended to read as follows:

      293.5767  1.  Each county clerk shall review the voter registration information transmitted by the Department of Motor Vehicles pursuant to NRS 293.5747 and 293.5762 to determine whether the person is eligible to register to vote in this State.

      2.  If the county clerk determines that a person is not eligible to register to vote pursuant to subsection 1:

      (a) It shall be deemed that the transmittal is not a completed voter registration application;

      (b) It shall be deemed that the person did not apply to register to vote; [and]

 


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ê2021 Statutes of Nevada, Page 3841 (CHAPTER 554, AB 422)ê

 

      (c) The county clerk must reject the application and remove the information transmitted by the Department of Motor Vehicles from the database created by the Secretary of State pursuant to NRS 293.675; and [may]

      (d) May not register that person to vote.

      Sec. 29. NRS 293.5832 is hereby amended to read as follows:

      293.5832  1.  After the close of registration for an election pursuant to NRS 293.560 or 293C.527, a registered voter may update his or her voter registration information, including, without limitation, his or her name, address and party affiliation.

      2.  The county or city clerk shall authorize at least one [or more] of the following methods for a registered voter to update his or her voter registration information pursuant to this section:

      (a) A paper application; or

      (b) [A system established pursuant to NRS 293.506 for using a computer to register voters; or

      (c)] The system established by the Secretary of State pursuant to NRS 293.671.

Ê If the county or city clerk authorizes the use of [more than one method,] both methods, the county or city clerk may limit the use of [a particular] one method to circumstances when [another] the other method is not reasonably available.

      3.  If a registered voter updates his or her voter registration information pursuant to this section and applies to vote in the election, the county or city clerk may require the voter to cast a provisional ballot in the election if any circumstances exist that give the county or city clerk reasonable cause to believe that the use of a provisional ballot is necessary to provide sufficient time to verify and determine whether the voter is eligible to cast the ballot in the election based on his or her updated voter registration information.

      4.  If a registered voter casts a provisional ballot in the election pursuant to this section, the provisional ballot is subject to final verification in accordance with the procedures that apply to other provisional ballots cast in the election pursuant to NRS 293.5772 to 293.5887, inclusive.

      Sec. 30. NRS 293.5842 is hereby amended to read as follows:

      293.5842  1.  Notwithstanding the close of any method of registration for an election pursuant to NRS 293.560 or 293C.527, an elector may register to vote in person at any polling place for early voting by personal appearance in the county or city, as applicable, in which the elector is eligible to vote.

      2.  To register to vote in person during the period for early voting, an elector must:

      (a) Appear before the close of polls at a polling place for early voting by personal appearance in the county or city, as applicable, in which the elector is eligible to vote.

      (b) Complete the application to register to vote by a method authorized by the county or city clerk pursuant to this paragraph. The county or city clerk shall authorize at least one [or more] of the following methods for a person to register to vote pursuant to this paragraph:

             (1) A paper application; or

             (2) [A system established pursuant to NRS 293.506 for using a computer to register voters; or

 


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ê2021 Statutes of Nevada, Page 3842 (CHAPTER 554, AB 422)ê

 

             (3)] The system established by the Secretary of State pursuant to NRS 293.671.

Ê If the county or city clerk authorizes the use of [more than one method,] both methods, the county or city clerk may limit the use of [a particular] one method to circumstances when [another] the other method is not reasonably available.

      (c) Except as otherwise provided in subsection 3, provide his or her current and valid driver’s license or identification card issued by the Department of Motor Vehicles which shows his or her physical address as proof of the elector’s identity and residency.

      3.  If the driver’s license or identification card issued by the Department of Motor Vehicles to the elector does not have the elector’s current residential address, the following documents may be used to establish the residency of the elector if the current residential address of the elector, as indicated on his or her application to register to vote, is displayed on the document:

      (a) A military identification card;

      (b) A utility bill, including, without limitation, a bill for electric, gas, oil, water, sewer, septic, telephone, cellular telephone or cable television service;

      (c) A bank or credit union statement;

      (d) A paycheck;

      (e) An income tax return;

      (f) A statement concerning the mortgage, rental or lease of a residence;

      (g) A motor vehicle registration;

      (h) A property tax statement; or

      (i) Any other document issued by a governmental agency.

      4.  Subject to final verification, if an elector registers to vote in person at a polling place pursuant to this section:

      (a) The elector shall be deemed to be conditionally registered to vote at the polling place upon:

             (1) The determination that the application to register to vote is complete; and

             (2) The verification of the elector’s identity and residency pursuant to this section.

      (b) After the elector is deemed to be conditionally registered to vote at the polling place pursuant to paragraph (a), the elector:

             (1) May vote in the election only at that polling place;

             (2) Must vote as soon as practicable and before leaving that polling place; and

             (3) Must vote by casting a provisional ballot, unless it is verified, at that time, that the elector is qualified to register to vote and to cast a regular ballot in the election at that polling place.

      Sec. 31. NRS 293.5847 is hereby amended to read as follows:

      293.5847  1.  Notwithstanding the close of any method of registration for an election pursuant to NRS 293.560 or 293C.527, an elector may register to vote in person on the day of the election at any polling place in the county or city, as applicable, in which the elector is eligible to vote.

      2.  To register to vote on the day of the election, an elector must:

      (a) Appear before the close of polls at a polling place in the county or city, as applicable, in which the elector is eligible to vote.

      (b) Complete the application to register to vote by a method authorized by the county or city clerk pursuant to this paragraph. The county or city clerk shall authorize at least one [or more] of the following methods for a person to register to vote pursuant to this paragraph:

 


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ê2021 Statutes of Nevada, Page 3843 (CHAPTER 554, AB 422)ê

 

clerk shall authorize at least one [or more] of the following methods for a person to register to vote pursuant to this paragraph:

             (1) A paper application; or

             (2) [A system established pursuant to NRS 293.506 for using a computer to register voters; or

             (3)] The system established by the Secretary of State pursuant to NRS 293.671.

Ê If the county or city clerk authorizes the use of [more than one method,] both methods, the county or city clerk may limit the use of [a particular] one method to circumstances when [another] the other method is not reasonably available.

      (c) Except as otherwise provided in subsection 3, provide his or her current and valid driver’s license or identification card issued by the Department of Motor Vehicles which shows his or her physical address as proof of the elector’s identity and residency.

      3.  If the driver’s license or identification card issued by the Department of Motor Vehicles to the elector does not have the elector’s current residential address, the following documents may be used to establish the residency of the elector if the current residential address of the elector, as indicated on his or her application to register to vote, is displayed on the document:

      (a) A military identification card;

      (b) A utility bill, including, without limitation, a bill for electric, gas, oil, water, sewer, septic, telephone, cellular telephone or cable television service;

      (c) A bank or credit union statement;

      (d) A paycheck;

      (e) An income tax return;

      (f) A statement concerning the mortgage, rental or lease of a residence;

      (g) A motor vehicle registration;

      (h) A property tax statement; or

      (i) Any other document issued by a governmental agency.

      4.  Subject to final verification, if an elector registers to vote in person at a polling place pursuant to this section:

      (a) The elector shall be deemed to be conditionally registered to vote at the polling place upon:

             (1) The determination that the application to register to vote is complete; and

             (2) The verification of the elector’s identity and residency pursuant to this section.

      (b) After the elector is deemed to be conditionally registered to vote at the polling place pursuant to paragraph (a), the elector:

             (1) May vote in the election only at that polling place;

             (2) Must vote as soon as practicable and before leaving that polling place; and

             (3) Must vote by casting a provisional ballot.

      Sec. 32. NRS 293.675 is hereby amended to read as follows:

      293.675  1.  The Secretary of State shall establish and maintain [an] a centralized, top-down database that collects and stores information related to the preregistration of persons and the registration of electors from all the counties in this State. The Secretary of State shall ensure that the database is capable of storing preregistration information separately until a person is qualified to register to vote. Each county clerk shall use the database created by the Secretary of State pursuant to this subsection to collect and maintain all records of preregistration and registration to vote.

 


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ê2021 Statutes of Nevada, Page 3844 (CHAPTER 554, AB 422)ê

 

database created by the Secretary of State pursuant to this subsection to collect and maintain all records of preregistration and registration to vote.

      2.  The Secretary of State shall use the voter registration information collected in the database created pursuant to subsection 1 to create the official statewide voter registration list, which may be maintained on the Internet, in consultation with each county and city clerk.

      [2.]3.  The statewide voter registration list must:

      (a) Be a uniform, centralized and interactive computerized list;

      (b) Serve as the single method for storing and managing the official list of registered voters in this State;

      (c) Serve as the official list of registered voters for the conduct of all elections in this State;

      (d) Contain the name and registration information of every legally registered voter in this State;

      (e) Include a unique identifier assigned by the Secretary of State to each legally registered voter in this State;

      (f) Except as otherwise provided in subsection [7,] 8, be coordinated with the appropriate databases of other agencies in this State;

      (g) Be electronically accessible to each state and local election official in this State at all times;

      (h) Except as otherwise provided in subsection [8,] 9, allow for data to be shared with other states under certain circumstances; and

      (i) Be regularly maintained to ensure the integrity of the registration process and the election process.

      [3.] 4.  Each county and city clerk shall:

      (a) [Except for information related to the preregistration of persons to vote, electronically] Electronically enter into the [statewide voter registration list] database created pursuant to subsection 1 all information related to voter preregistration and registration obtained by the county or city clerk at the time the information is provided to the county or city clerk; and

      (b) Provide the Secretary of State with information concerning the voter registration of the county or city and other reasonable information requested by the Secretary of State in the form required by the Secretary of State to establish or maintain the statewide voter registration list.

      [4.]5.  In establishing and maintaining the statewide voter registration list, the Secretary of State shall enter into a cooperative agreement with the Department of Motor Vehicles to match information in the database of the statewide voter registration list with information in the appropriate database of the Department of Motor Vehicles to verify the accuracy of the information in an application to register to vote.

      [5.]6.  The Department of Motor Vehicles shall enter into an agreement with the Social Security Administration pursuant to 52 U.S.C. § 21083, to verify the accuracy of information in an application to register to vote.

      [6.]7.  The Department of Motor Vehicles shall ensure that its database:

      (a) Is capable of processing any information related to an application to register to vote, an application to update voter registration information or a request to verify the accuracy of voter registration information as quickly as is feasible; and

 


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ê2021 Statutes of Nevada, Page 3845 (CHAPTER 554, AB 422)ê

 

      (b) Does not limit the number of applications to register to vote, applications to update voter registration information or requests to verify the accuracy of voter registration information that may be processed by the database in any given day.

      [7.]8.  Except as otherwise provided in NRS 481.063 or any provision of law providing for the confidentiality of information, the Secretary of State may enter into an agreement with an agency of this State pursuant to which the agency provides to the Secretary of State any information in the possession of the agency that the Secretary of State deems necessary to maintain the statewide voter registration list.

      [8.]9.  The Secretary of State may:

      (a) Request from the chief officer of elections of another state any information which the Secretary of State deems necessary to maintain the statewide voter registration list; and

      (b) Provide to the chief officer of elections of another state any information which is requested and which the Secretary of State deems necessary for the chief officer of elections of that state to maintain a voter registration list, if the Secretary of State is satisfied that the information provided pursuant to this paragraph will be used only for the maintenance of that voter registration list.

      Sec. 33. NRS 293C.318 is hereby amended to read as follows:

      293C.318  1.  Except as otherwise provided in this section, a registered voter who provides sufficient written notice to the city clerk may request that the registered voter receive an absent ballot for all elections at which the registered voter is eligible to vote. The written notice is effective for all elections that are conducted after the registered voter provides the written notice to the city clerk, except that the written notice is not effective for the next ensuing election unless the written notice is provided to the city clerk before the time has elapsed for requesting an absent ballot for the election pursuant to subsection 1 of NRS 293C.310.

      2.  Except as otherwise provided in this section or for an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive, upon receipt of the written notice provided by the registered voter pursuant to subsection 1, the city clerk shall:

      (a) Issue an absent ballot to the registered voter for each primary city election, general city election and special city election that is conducted after the written notice is effective pursuant to subsection 1.

      (b) Inform the county clerk of receipt of the written notice provided by the registered voter. Upon being informed of the written notice by the city clerk, the county clerk shall issue an absent ballot for each primary election, general election and special election, other than a special city election, that is conducted after the written notice is effective pursuant to subsection 1.

      3.  The city clerk must not mail an absent ballot requested by a registered voter pursuant to subsection 1 if, after the request is submitted:

      (a) The registered voter is designated inactive pursuant to NRS 293.530;

      (b) The county clerk cancels the registration of the person pursuant to NRS [293.527,] 293.530, 293.535 or 293.540; [or]

      (c) The registered voter has moved to another county and the county clerk of that county has updated the voter’s registration on the statewide voter registration list pursuant to NRS 293.527; or

 


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ê2021 Statutes of Nevada, Page 3846 (CHAPTER 554, AB 422)ê

 

      (d) An absent ballot is returned to the county clerk as undeliverable, unless the registered voter has submitted a new request pursuant to subsection 1.

      4.  The procedure authorized pursuant to this section is subject to all other provisions of this chapter relating to voting by absent ballot to the extent that those provisions are not inconsistent with the provisions of this section.

      Sec. 34. NRS 293C.525 is hereby amended to read as follows:

      293C.525  1.  Any elector who is registered to vote and has changed residence after the last preceding general city election and who fails to return or never receives a postcard mailed pursuant to NRS 293.5235, 293.530 or 293.535 who moved:

      (a) From one precinct to another within the same city must be allowed to vote in the precinct where the elector previously resided after providing an oral or written affirmation before an election board officer attesting to his or her new address.

      (b) Within the same precinct must be allowed to vote after providing an oral or written affirmation before an election board officer attesting to his or her new address.

      2.  If an elector alleges that the records in [the registrar of voters’ register or] the roster incorrectly indicate that the elector has changed residence, the elector must be allowed to vote after providing an oral or written affirmation before an election board officer attesting that he or she continues to reside at the same address.

      3.  If an elector refuses to provide an oral or written affirmation attesting to his or her address as required by this section, the elector may only vote at the special polling place in the city in the manner set forth in NRS 293C.295.

      Sec. 35. NRS 293C.527 is hereby amended to read as follows:

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

      (a) For a primary city election or general city election, or a recall or special city election that is held on the same day as a primary city election or general city election, the last day to register to vote:

             (1) By mail is the fourth Tuesday preceding the primary city election or general city election.

             (2) By appearing in person at the office of the city clerk or, if open, a municipal facility designated pursuant to NRS 293C.520, is the fourth Tuesday preceding the primary city election or general city election.

             (3) [By computer, if the county clerk of the county in which the city is located has established a system pursuant to NRS 293.506 for using a computer to register voters, is the Thursday preceding the primary city election or general city election, unless the system is used to register voters for the election pursuant to NRS 293.5842 or 293.5847.

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

      (b) If a recall or special city election is not held on the same day as a primary city election or general city election, the last day to register to vote for the recall or special city election by any method of registration is the third Saturday preceding the recall or special city election.

 


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ê2021 Statutes of Nevada, Page 3847 (CHAPTER 554, AB 422)ê

 

      2.  Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, after the deadlines for the close of registration for a primary city election or general city election set forth in subsection 1, no person may register to vote for the election.

      3.  Except for a recall or special city election held pursuant to chapter 306 or 350 of NRS:

      (a) The city clerk of each city shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the city indicating:

             (1) The day and time that each method of registration for the election, as set forth in subsection 1, will be closed; and

             (2) If the city clerk has designated a municipal facility pursuant to NRS 293C.520, the location of that facility.

Ê If no newspaper is of general circulation in that city, the publication may be made in a newspaper of general circulation in the nearest city in this State.

      (b) The notice must be published once each week for 4 consecutive weeks next preceding the day on which the last method of registration for the election, as set forth in subsection 1, will be closed.

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

      Sec. 36. NRS 293C.540 is hereby amended to read as follows:

      293C.540  Not later than 3 days before the day on which any regular or special city election is held, the county clerk shall use the database created by the Secretary of State pursuant to NRS 293.675 to prepare and deliver to the city clerk the official register for the city.

      Sec. 37. NRS 266.022 is hereby amended to read as follows:

      266.022  1.  The county clerk shall invalidate the signature of any qualified elector if the signature is not signed in ink and dated or if the signature is executed before the notice to incorporate and the petition for incorporation are filed with the county clerk pursuant to NRS 266.018. The county clerk shall not invalidate a signature because it does not correspond exactly to the signature [on the registrar of voters’ register] in the database created by the Secretary of State pursuant to NRS 293.675 if the county clerk is able to determine the identity of the signer from the signature on the petition.

      2.  A petition for incorporation must contain a number of signatures equal to at least one-third of the qualified electors within the boundaries of the city proposed to be incorporated.

      3.  The petition containing the required number of signatures must be filed with the county clerk within 90 days after the notice to incorporate is filed pursuant to NRS 266.018.

      Sec. 37.3.Section 88 of chapter 546, Statutes of Nevada 2019, at page 3426 is hereby amended to read as follows:

       Sec. 88.  1.  This section becomes effective upon passage and approval.

       2.  Sections 34, 43, 84.4 and 84.6 of this act become effective:

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

 


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ê2021 Statutes of Nevada, Page 3848 (CHAPTER 554, AB 422)ê

 

       (b) On January 1, 2020, for all other purposes.

       3.  Sections 1 to 8, inclusive, 10 to 33, inclusive, 35 to 42, inclusive, 43.5 to 83, inclusive, 85, 86 and 87 of this act become effective on July 1, 2019.

       4.  Section 84 of this act becomes effective on July 1, 2021.

      5.  Section 9 of this act becomes effective on January 1, [2022.] 2024.

      Sec. 37.7.  1.  The Secretary of State shall develop a pilot program for conducting a risk-limiting audit of the results of the 2022 general election.

      2.  The Secretary of State may require each county clerk to participate in the pilot program developed pursuant to subsection 1 and conduct a risk-limiting audit of the results of the 2022 general election.

      3.  As used in this section, “risk-limiting audit” means an audit protocol that:

      (a) Makes use of statistical principles and methods; and

      (b) Is designed to limit the risk of certifying an incorrect election outcome.

      Sec. 38.  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. 39.  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. 39.5.  Beginning with a report that is due on January 1, 2022, and ending with the submission of a final report that is due on January 1, 2024, the Secretary of State shall submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee every 6 months that details the progress made by the Secretary of State in implementing the provisions of sections 1 to 37, inclusive, of this act.

      Sec. 40. NRS 293.0925 and 293.511 are hereby repealed.

      Sec. 41.  1.  This section and sections 37.3, 37.7 and 39.5 become effective upon passage and approval.

      2.  Sections 1 to 37, inclusive, 38, 39 and 40 of this act become effective:

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

      (b) On January 1, 2024, for all other purposes.

________

 


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ê2021 Statutes of Nevada, Page 3849ê

 

CHAPTER 555, AB 432

Assembly Bill No. 432–Committee on Legislative Operations and Elections

 

CHAPTER 555

 

[Approved: June 11, 2021]

 

AN ACT relating to elections; providing that certain agencies of the Executive Department of the State Government are automatic voter registration agencies; authorizing the Governor to designate additional state agencies and certain tribal agencies as automatic voter registration agencies; setting forth the requirements for an automatic voter registration agency to transmit certain voter registration information to the Secretary of State and county clerks; making various changes to the existing automatic voter registration process; making appropriations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      At the 2018 general election, the voters approved Ballot Question No. 5, also known as the Automatic Voter Registration Initiative, which requires the Department of Motor Vehicles to: (1) establish a system for the secure electronic storage and transmission of voter registration information obtained from a person who applies for the issuance or renewal of or a change of address on any driver’s license or identification card; (2) collect certain voter registration information from the person, unless he or she affirmatively declines to apply to register to vote; and (3) transmit that information to the county clerk of the county in which the person resides to register that person to vote or update his or her voter registration information. (2018 Ballot Question No. 5, Automatic Voter Registration Initiative) This bill makes various changes to the Automatic Voter Registration Initiative.

      Section 3 of this bill expands the agencies which provide automatic voter registration services and provides that automatic voter registration agencies are the Department of Motor Vehicles, the Department of Health and Human Services, agencies designated by the Department of Health and Human Services to receive applications for Medicaid, the Silver State Health Insurance Exchange and any other state agency or tribal agency that meets certain requirements and is approved by the Governor to act as an automatic voter registration agency. Section 2 of this bill defines “automatic voter registration agency.”

      Sections 4 and 5 of this bill authorize the Governor to designate certain agencies of the Executive Department of the State Government and tribal agencies as an automatic voter registration agency.

      Sections 3, 6 and 21-25 and 31 of this bill make various changes to the current process for automatic voter registration.

      Section 21 of this bill requires the Secretary of State, county clerks and each automatic voter registration agency to cooperatively establish a system by which voter registration information is transmitted electronically to the Secretary of State and the appropriate county clerk. Section 3 of this bill prohibits an agency from transmitting information using this system if the person did not provide the automatic voter registration agency in the normal course of business sufficient information that demonstrates the person is qualified to vote, including proof of identity, citizenship, residence and date of birth. Section 24 of this bill provides that a person who is not eligible to have his or her voter registration transmitted to the county clerk using the system may still apply to register to vote at the automatic voter registration agency.

      Section 22 of this bill sets forth the information about a person that an automatic voter registration agency is required to transmit to the Secretary of State and county clerk.

 


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ê2021 Statutes of Nevada, Page 3850 (CHAPTER 555, AB 432)ê

 

      Section 23 of this bill provides that if a county clerk determines that the information submitted is not a complete application to register to vote, the county clerk must contact the person for additional information.

      Section 25 of this bill provides that if the clerk determines that the person is eligible to vote, the person shall be deemed a registered voter and the clerk must send a notice to the person that includes certain information, including an explanation of how the person may opt-out of voter registration or select an affiliation with a political party.

      Section 6 of this bill prohibits a county clerk from rejecting an application to register to vote if the information received from an automatic voter registration agency does not contain an electronic facsimile of the a person’s signature and sets forth certain procedures for obtaining the person’s signature.

      Section 7 of this bill requires the Secretary of State to adopt regulations necessary to carry out the automatic voter registration process, as amended by this bill.

      Section 31 of this bill repeals certain procedures related to the current automatic voter registration process that are inconsistent with the provisions of this bill.

      Sections 9-14, 16-20 and 26-32 of this bill make conforming changes related to the new automatic voter registration procedures.

      The federal National Voter Registration Act, 52 U.S.C. §§ 20501 et seq., requires the Department of Motor Vehicles and other voter registration agencies to follow certain procedures related to voter registration when a person applies to the Department or other voter registration agency for certain services or assistance. Section 15 of this bill requires each automatic voter registration agency to comply with the National Voter Registration Act notwithstanding the new procedures for automatic voter registration set forth in this bill.

      Section 32.3 of this bill makes an appropriation to the Secretary of State for personnel costs to develop processes and systems for automatic voter registration with automatic voter registration agencies and to provide monitoring, maintenance and support for such systems. Section 32.7 of this bill makes an appropriation to the Division of Field Services of the Department of Motor Vehicles for computer programming costs to facilitate automatic voter registration.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2. “Automatic voter registration agency” means a voter registration agency described in section 3 of this act.

      Sec. 3. 1.  The following agencies are automatic voter registration agencies:

      (a) The Department of Motor Vehicles;

      (b) The Department of Health and Human Services;

      (c) Any agency designated by the Director of the Department of Health and Human Services to receive applications for Medicaid;

      (d) The Silver State Health Insurance Exchange created by NRS 695I.200;

      (e) Any agency that has been designated by the Governor as an automatic voter registration agency pursuant to section 4 of this act; and

      (f) Any agency of an Indian tribe that has been designated by the Governor to be an automatic voter registration agency pursuant to section 5 of this act.

 


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ê2021 Statutes of Nevada, Page 3851 (CHAPTER 555, AB 432)ê

 

      2.  If, in the normal course of business, an automatic voter registration agency collects sufficient information that demonstrates a person is qualified to vote pursuant to NRS 293.485, including, without limitation, proof of identity, citizenship, residence and date of birth, the provisions of NRS 293.5732 to 293.5767, inclusive, and sections 3 to 7, inclusive, of this act, apply to the automatic voter registration agency when a person submits any of the following:

      (a) An application for the issuance or renewal of or change of address for any type of driver’s license or identification card issued by the Department of Motor Vehicles;

      (b) An application for Medicaid through the system established by the Department of Health and Human Services pursuant to NRS 422.2703;

      (c) An application for health insurance through the Silver State Health Insurance Exchange; and

      (d) An application for any service or assistance from an automatic voter registration agency described in paragraph (e) or (f) of subsection 1.

      3.  An automatic voter registration agency shall not:

      (a) Request any additional information for purposes of voter registration that is not required in the normal course of business; and

      (b) Transmit any information about a person using the system established pursuant to NRS 293.5732 if the person did not provide the agency in the normal course of business sufficient information that demonstrates the person is qualified to vote pursuant to NRS 293.485, including, without limitation, proof of identity, citizenship, residence and date of birth.

      Sec. 4. 1.  The Governor may designate any agency in the Executive Department of the State Government not described in paragraphs (a) to (d), inclusive, of subsection 1 of section 3 of this act as an automatic voter registration agency if the agency collects in the regular course of business from a person applying to the agency to receive any service or assistance sufficient information that demonstrates a person is qualified to vote pursuant to NRS 293.485, including, without limitation, proof of identity, citizenship, residence and date of birth.

      2.  Upon the designation of an agency as an automatic voter registration agency pursuant to subsection 1:

      (a) The Governor shall notify the Secretary of State; and

      (b) The Secretary of State, the automatic voter registration agency and each county clerk shall comply with the provisions of NRS 293.5732.

      Sec. 5. 1.  If an Indian reservation or Indian colony is located in whole or in part within a county, the Indian tribe may submit a request to the Governor for approval to allow an agency of the tribe to become an automatic voter registration agency tribe in order to submit voter registration information of tribal members to the Secretary of State and the appropriate county clerk for the purpose of registering tribal members to vote or updating the voter registration information of tribal members for the purpose of correcting the statewide voter registration list pursuant to NRS 293.530.

      2.  If the Governor finds that the tribal agency collects in the regular course of business from a person applying to the agency to receive any service or assistance sufficient information that demonstrates the person is qualified to vote pursuant to NRS 293.485, including, without limitation, proof of identity, citizenship, residence and date of birth:

 


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ê2021 Statutes of Nevada, Page 3852 (CHAPTER 555, AB 432)ê

 

      (a) The Governor must designate the tribal agency as an automatic voter registration agency; and

      (b) The Secretary of State, the Indian tribe and each county clerk of a county in which the Indian reservation or Indian colony is located in whole or in part, shall comply with the provisions of NRS 293.5732.

      Sec. 6. 1.  A county clerk shall not reject as an application to register to vote the information received from an automatic voter registration agency solely on the basis that the information does not contain an electronic facsimile of the signature of a person who is applying to vote or update his or her voter registration information on the statewide voter registration list.

      2.  If the county clerk does not receive an electronic facsimile of the signature of the person from the automatic voter registration agency, the county clerk must obtain the person’s signature or an electronic facsimile of the person’s signature through one of the following methods:

      (a) If the notice provided by the county clerk to the person pursuant to NRS 293.5767 is returned to the county clerk by the person and the returned notice includes the person’s signature;

      (b) Requesting an electronic facsimile of the person’s signature from the Department of Motor Vehicles or other state agency;

      (c) Requesting the person submit an electronic facsimile of the person’s signature through a method approved by the Secretary of State;

      (d) Requesting the person sign a paper or electronic form the first time the person applies to vote in person at a polling place, including, without limitation, a polling place for early voting by personal appearance. A signature provided by a person pursuant to this paragraph must be compared to one of the forms of identification which may be used individually to identify a voter at the polling place set forth in NRS 293.277 before the person is allowed to vote in person.

      3.  In addition to the requirements of this section and NRS 293.2725, a person who is registered to vote pursuant to NRS 293.5732 to 293.5767, inclusive, and sections 3 to 7, inclusive, of this act must provide an affirmation signed under penalty of perjury that the person is eligible to vote the first time a person votes in person or by absent ballot if the person has not already provided such an affirmation to the county clerk.

      Sec. 7. The Secretary of State shall adopt any regulations necessary to carry out the provisions of NRS 293.5732 to 293.5767, inclusive, and sections 3 to 7, inclusive, of this act.

      Sec. 8. NRS 293.010 is hereby amended to read as follows:

      293.010  As used in this title, unless the context otherwise requires, the words and terms defined in NRS 293.013 to 293.121, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.

      Sec. 9. NRS 293.1277 is hereby amended to read as follows:

      293.1277  1.  If the Secretary of State finds that the total number of signatures submitted to all the county clerks is 100 percent or more of the number of registered voters needed to declare the petition sufficient, the Secretary of State shall immediately so notify the county clerks. After the notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in the county clerk’s county and, in the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, shall tally the number of signatures for each petition district contained or fully contained within the county clerk’s county.

 


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ê2021 Statutes of Nevada, Page 3853 (CHAPTER 555, AB 432)ê

 

within the county clerk’s county. This determination must be completed within 9 days, excluding Saturdays, Sundays and holidays, after the notification pursuant to this subsection regarding a petition containing signatures which are required to be verified pursuant to NRS 293.128, 295.056, 298.109 or 306.110, within 20 days, excluding Saturdays, Sundays and holidays, after the notification pursuant to this subsection regarding a petition containing signatures which are required to be verified pursuant to NRS 306.035, and within 3 days, excluding Saturdays, Sundays and holidays, after the notification pursuant to this subsection regarding a petition containing signatures which are required to be verified pursuant to NRS 293.172 or 293.200. For the purpose of verification pursuant to this section, the county clerk shall not include in his or her tally of total signatures any signature included in the incorrect petition district.

      2.  Except as otherwise provided in subsections 3 and 4, if more than 500 names have been signed on the documents submitted to a county clerk, the county clerk shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerk is given an equal opportunity to be included in the sample. The sample must include an examination of:

      (a) Except as otherwise provided in paragraph (b), at least 500 or 5 percent of the signatures, whichever is greater.

      (b) If the petition is for the recall of a public officer who holds a statewide office, at least 25 percent of the signatures.

Ê If documents were submitted to the county clerk for more than one petition district wholly contained within that county, a separate random sample must be performed for each petition district.

      3.  If a petition district comprises more than one county and the petition is for an initiative or referendum proposing a constitutional amendment or a statewide measure, and if more than 500 names have been signed on the documents submitted for that petition district, the appropriate county clerks shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerks within the petition district is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures presented in the petition district, whichever is greater. The Secretary of State shall determine the number of signatures that must be verified by each county clerk within the petition district.

      4.  If a petition is for the recall of a public officer who does not hold a statewide office, each county clerk:

      (a) Shall not examine the signatures by sampling them at random for verification;

      (b) Shall examine for verification every signature on the documents submitted to the county clerk; and

      (c) When determining the total number of valid signatures on the documents, shall remove each name of a registered voter who submitted a request to have his or her name removed from the petition pursuant to NRS 306.015.

      5.  In determining from the records of registration the number of registered voters who signed the documents, the county clerk may use the signatures contained in the file of applications to register to vote. If the county clerk uses that file, the county clerk shall ensure that every application in the file is examined, including any application in his or her possession which may not yet be entered into the county clerk’s records.

 


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ê2021 Statutes of Nevada, Page 3854 (CHAPTER 555, AB 432)ê

 

county clerk uses that file, the county clerk shall ensure that every application in the file is examined, including any application in his or her possession which may not yet be entered into the county clerk’s records. Except as otherwise provided in subsection 6, the county clerk shall rely only on the appearance of the signature and the address and date included with each signature in making his or her determination.

      6.  If:

      (a) Pursuant to NRS 293.506, a county clerk establishes a system to allow persons to register to vote by computer;

      (b) A person registers to vote using the system established by the Secretary of State pursuant to NRS 293.671;

      (c) A person registers to vote pursuant to NRS 293D.230 and signs his or her application to register to vote using a digital signature or an electronic signature; or

      (d) A person [registers] is registered to vote [pursuant to NRS 293.5742,] by an automatic voter registration agency,

Ê the county clerk may rely on such other indicia as prescribed by the Secretary of State in making his or her determination.

      7.  In the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, when the county clerk is determining the number of registered voters who signed the documents from each petition district contained fully or partially within the county clerk’s county, he or she must use the statewide voter registration list available pursuant to NRS 293.675.

      8.  Except as otherwise provided in subsection 10, upon completing the examination, the county clerk shall immediately attach to the documents a certificate properly dated, showing the result of the examination, including the tally of signatures by petition district, if required, and transmit the documents with the certificate to the Secretary of State. In the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, if a petition district comprises more than one county, the appropriate county clerks shall comply with the regulations adopted by the Secretary of State pursuant to this section to complete the certificate. A copy of this certificate must be filed in the clerk’s office. When the county clerk transmits the certificate to the Secretary of State, the county clerk shall notify the Secretary of State of the number of requests to remove a name received by the county clerk pursuant to NRS 295.055 or pursuant to NRS 306.015 for a petition to recall a public officer who holds a statewide office, if applicable.

      9.  A person who submits a petition to the county clerk which is required to be verified pursuant to NRS 293.128, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110 must be allowed to witness the verification of the signatures. A public officer who is the subject of a recall petition must also be allowed to witness the verification of the signatures on the petition.

      10.  For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not transmit to the Secretary of State the documents containing the signatures of the registered voters.

      11.  The Secretary of State shall by regulation establish further procedures for carrying out the provisions of this section.

 


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ê2021 Statutes of Nevada, Page 3855 (CHAPTER 555, AB 432)ê

 

      Sec. 10. NRS 293.2725 is hereby amended to read as follows:

      293.2725  1.  Except as otherwise provided in subsection 2, in NRS 293.3081, 293.3083 and 293.5772 to 293.5887, inclusive, and in federal law, a person who registers to vote by mail or computer or [registers] is registered to vote [pursuant to NRS 293.5742,] by an automatic voter registration agency, or a person who preregisters to vote by mail or computer and is subsequently deemed to be registered to vote, and who has not previously voted in an election for federal office in this State:

      (a) May vote at a polling place only if the person presents to the election board officer at the polling place:

             (1) A current and valid photo identification of the person, which shows his or her physical address; or

             (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card; and

      (b) May vote by mail only if the person provides to the county or city clerk:

             (1) A copy of a current and valid photo identification of the person, which shows his or her physical address; or

             (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card.

Ê If there is a question as to the physical address of the person, the election board officer or clerk may request additional information.

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

      (a) Registers to vote by mail or computer, or preregisters to vote by mail or computer and is subsequently deemed to be registered to vote, and submits with an application to preregister or register to vote:

             (1) A copy of a current and valid photo identification; or

             (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card;

      (b) Except as otherwise provided in subsection 3, registers to vote by mail or computer and submits with an application to register to vote a driver’s license number or at least the last four digits of his or her social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application;

      (c) Registers to vote pursuant to NRS [293.5742,] 293.5732 to 293.5767, inclusive, and sections 3 to 7, inclusive, of this act and at that time presents to the [Department of Motor Vehicles:] automatic voter registration agency:

             (1) A copy of a current and valid photo identification;

             (2) A copy of a current utility bill, bank statement, paycheck or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card; or

             (3) A driver’s license number or at least the last four digits of his or her social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application;

 


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ê2021 Statutes of Nevada, Page 3856 (CHAPTER 555, AB 432)ê

 

that information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application;

      (d) Is entitled to vote an absent ballot pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq.;

      (e) Is provided the right to vote otherwise than in person under the Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. §§ 20101 et seq.; or

      (f) Is entitled to vote otherwise than in person under any other federal law.

      3.  The provisions of subsection 1 apply to a person described in paragraph (b) of subsection 2 if the voter registration card issued to the person is mailed by the county clerk to the person and returned to the county clerk by the United States Postal Service.

      Sec. 11. NRS 293.277 is hereby amended to read as follows:

      293.277  1.  Except as otherwise provided in NRS 293.283, 293.541 and 293.5772 to 293.5887, inclusive, and section 6 of this act, if a person’s name appears in the roster or if the person provides an affirmation pursuant to NRS 293.525, the person is entitled to vote and must sign his or her name in the roster or on a signature card when he or she applies to vote. The signature must be compared by an election board officer with the signature or a facsimile thereof on the person’s application to register to vote or one of the forms of identification listed in subsection 2.

      2.  Except as otherwise provided in NRS 293.2725, the forms of identification which may be used individually to identify a voter at the polling place are:

      (a) The voter registration card issued to the voter;

      (b) A driver’s license;

      (c) An identification card issued by the Department of Motor Vehicles;

      (d) A military identification card; or

      (e) Any other form of identification issued by a governmental agency which contains the voter’s signature and physical description or picture.

      3.  The county clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that county in the current election.

      Sec. 12. NRS 293.285 is hereby amended to read as follows:

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

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

      (b) The election board officer shall:

             (1) Announce the name of the registered voter;

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

             (3) Verify the signature of the registered voter in the manner set forth in NRS 293.277; and

             (4) Verify that the registered voter has not already voted in that county in the current election.

      2.  [If] Except as otherwise provided in section 6 of this act, if the signature does not match, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

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

 


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

      3.  If the signature of the voter has changed in comparison to the signature on the application to preregister or register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.

      Sec. 13. NRS 293.3075 is hereby amended to read as follows:

      293.3075  1.  Except as otherwise provided in NRS 293.283 and 293.5772 to 293.5887, inclusive, upon the appearance of a person to cast a ballot at a polling place established pursuant to NRS 293.3072, the election board officer shall:

      (a) Determine that the person is a registered voter in the county and has not already voted in that county in the current election;

      (b) Instruct the voter to sign the roster or a signature card; and

      (c) Verify the signature of the voter in the manner set forth in NRS 293.277.

      2.  [If] Except as otherwise provided in section 6 of this act, if the signature of the voter does not match, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

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

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

      3.  If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.

      4.  The county clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that county in the current election.

      5.  When a voter is entitled to cast a ballot and has identified himself or herself to the satisfaction of the election board officer, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use at the polling place where he or she applies to vote.

      6.  If the ballot is voted on a mechanical recording device which directly records the votes electronically, the election board officer shall:

      (a) Prepare the mechanical voting device for the voter;

      (b) Ensure that the voter’s precinct or voting district and the form of the ballot are indicated on the voting receipt, if the county clerk uses voting receipts; and

      (c) Allow the voter to cast a vote.

      7.  A voter applying to vote at a polling place established pursuant to NRS 293.3072 may be challenged pursuant to NRS 293.303.

      Sec. 14. NRS 293.3585 is hereby amended to read as follows:

      293.3585  1.  Except as otherwise provided in NRS 293.283 and 293.5772 to 293.5887, inclusive, upon the appearance of a person to cast a ballot for early voting, an election board officer shall:

      (a) Determine that the person is a registered voter in the county.

      (b) Instruct the voter to sign the roster for early voting or a signature card.

 


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      (c) Verify the signature of the voter in the manner set forth in NRS 293.277.

      (d) Verify that the voter has not already voted in that county in the current election.

      2.  [If] Except as otherwise provided in section 6 of this act, if the signature of the voter does not match, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

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

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

      3.  If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.

      4.  The county clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that county in the current election.

      5.  The roster for early voting or a signature card, as applicable, must contain:

      (a) The voter’s name, the address where he or she is registered to vote, his or her voter identification number and a place for the voter’s signature;

      (b) The voter’s precinct or voting district number, if that information is available; and

      (c) The date of voting early in person.

      6.  When a voter is entitled to cast a ballot and has identified himself or herself to the satisfaction of the election board officer, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use at the polling place for early voting.

      7.  If the ballot is voted on a mechanical recording device which directly records the votes electronically, the election board officer shall:

      (a) Prepare the mechanical recording device for the voter;

      (b) Ensure that the voter’s precinct or voting district, if that information is available, and the form of ballot are indicated on the voting receipt, if the county clerk uses voting receipts; and

      (c) Allow the voter to cast a vote.

      8.  A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293.303.

      Sec. 15. NRS 293.504 is hereby amended to read as follows:

      293.504  1.  The following offices shall serve as voter registration agencies:

      (a) Such offices that provide public assistance as are designated by the Secretary of State;

      (b) Each office that receives money from the State of Nevada to provide services to persons with disabilities in this State;

      (c) The offices of the Department of Motor Vehicles;

      (d) The offices of the city and county clerks;

      (e) Such other county and municipal facilities as a county clerk or city clerk may designate pursuant to NRS 293.5035 or 293C.520, as applicable;

      (f) Recruitment offices of the United States Armed Forces; [and]

      (g) Each office of an automatic voter registration agency; and

 


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      (h) Such other offices as the Secretary of State deems appropriate.

      2.  Each voter registration agency shall:

      (a) Post in a conspicuous place, in at least 12-point type, instructions for preregistering and registering to vote;

      (b) Except as otherwise provided in subsection 3 , [and NRS 293.5732 to 293.5757, inclusive,] distribute applications to preregister or register to vote which may be returned by mail with any application for services or assistance from the agency or submitted for any other purpose and with each application for recertification, renewal or change of address submitted to the agency that relates to such services, assistance or other purpose;

      (c) Provide the same amount of assistance to an applicant in completing an application to preregister or register to vote as the agency provides to a person completing any other forms for the agency; and

      (d) Accept completed applications to preregister or register to vote.

      3.  A voter registration agency is not required to provide an application to preregister or register to vote pursuant to paragraph (b) of subsection 2 to a person who applies for or receives services or assistance from the agency or submits an application for any other purpose if the person affirmatively declines to preregister or register to vote and submits to the agency a written form that meets the requirements of 52 U.S.C. § 20506(a)(6). Information related to the declination to preregister or register to vote may not be used for any purpose other than voter registration.

      4.  Except as otherwise provided in this subsection and NRS 293.5727 and 293.5747, any application to preregister or register to vote accepted by a voter registration agency must be transmitted to the county clerk not later than 10 days after the application is accepted. The applications must be forwarded daily during the 2 weeks immediately preceding the last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable. The county clerk shall accept any application which is obtained from a voter registration agency pursuant to this section and completed by the last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable, if the county clerk receives the application not later than 5 days after that date.

      5.  The Secretary of State shall cooperate with the Secretary of Defense to develop and carry out procedures to enable persons in this State to apply to preregister or register to vote at recruitment offices of the United States Armed Forces.

      6.  Notwithstanding the provisions of NRS 293.5732 to 293.5767, inclusive, and sections 3 to 7, inclusive, of this act, each automatic voter registration agency must comply with the provisions of the National Voter Registration Act, 52 U.S.C. §§ 20501 et seq.

      Sec. 16. NRS 293.510 is hereby amended to read as follows:

      293.510  1.  Except as otherwise provided in subsection 3, in counties where computers are not used to register voters, the county clerk shall:

      (a) Segregate original applications to register to vote according to the precinct in which the registered voters reside and arrange the applications in each precinct or district in alphabetical order. The applications for each precinct or district must be kept separately for each precinct or district. These applications must be used to prepare the rosters.

      (b) Arrange the duplicate applications of registration in alphabetical order for the entire county and keep them in binders or a suitable file which constitutes the registrar of voters’ register.

 


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      2.  Except as otherwise provided in subsection 3, in any county where a computer is used to register voters, the county clerk shall:

      (a) Arrange the original applications to register to vote for the entire county in a manner in which an original application may be quickly located. These original applications constitute the registrar of voters’ register.

      (b) Segregate the applications to register to vote in a computer file according to the precinct or district in which the registered voters reside, and for each precinct or district have printed a computer listing which contains the applications to register to vote in alphabetical order. These listings of applications to register to vote must be used to prepare the rosters.

      3.  From the applications to register to vote received by each county clerk, the county clerk shall:

      (a) Segregate the applications electronically transmitted by [the Department of Motor Vehicles pursuant to subsection 1 of NRS 293.5747] an automatic voter registration agency in a computer file according to the precinct or district in which the registered voters reside; and

      (b) Arrange the applications in each precinct or district in alphabetical order.

      4.  Each county clerk shall keep the applications to preregister to vote separate from the applications to register to vote until such applications are deemed to be applications to register to vote pursuant to subsection 2 of NRS 293.4855.

      Sec. 17. NRS 293.517 is hereby amended to read as follows:

      293.517  1.  Any person who meets the qualifications set forth in NRS 293.4855 residing within the county may preregister to vote and any elector residing within the county may register to vote:

      (a) Except as otherwise provided in NRS 293.560 and 293C.527, by appearing before the county clerk, a field registrar or a voter registration agency, completing the application to preregister or register to vote, giving true and satisfactory answers to all questions relevant to his or her identity and right to preregister or register to vote, and providing proof of residence and identity;

      (b) By completing and mailing or personally delivering to the county clerk an application to preregister or register to vote pursuant to the provisions of NRS 293.5235;

      (c) Pursuant to the provisions of NRS 293.5727 [or 293.5742] , 293.5732 to 293.5767, inclusive, and sections 3 to 7, inclusive, of this act or chapter 293D of NRS;

      (d) At his or her residence with the assistance of a field registrar pursuant to NRS 293.5237;

      (e) By submitting an application to preregister or register to vote by computer using the system:

             (1) Established by the Secretary of State pursuant to NRS 293.671; or

             (2) Established by the county clerk, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters; or

      (f) By any other method authorized by the provisions of this title.

Ê The county clerk shall require a person to submit official identification as proof of residence and identity, such as a driver’s license or other official document, before preregistering or registering the person. If the applicant preregisters or registers to vote pursuant to this subsection and fails to provide proof of residence and identity, the applicant must provide proof of residence and identity before casting a ballot in person or by mail or after casting a provisional ballot pursuant to NRS 293.3078 to 293.3086, inclusive.

 


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residence and identity before casting a ballot in person or by mail or after casting a provisional ballot pursuant to NRS 293.3078 to 293.3086, inclusive. For the purposes of this subsection, a voter registration card does not provide proof of the residence or identity of a person.

      2.  In addition to the methods for registering to vote described in subsection 1, an elector may register to vote pursuant to NRS 293.5772 to 293.5887, inclusive.

      3.  Except as otherwise provided in NRS 293.5732 to 293.5757, inclusive, the application to preregister or register to vote must be signed and verified under penalty of perjury by the person preregistering or the elector registering.

      4.  Each person or elector who is or has been married must be preregistered or registered under his or her own given or first name, and not under the given or first name or initials of his or her spouse.

      5.  A person or an elector who is preregistered or registered and changes his or her name must complete a new application to preregister or register to vote, as applicable. The person or elector may obtain a new application:

      (a) At the office of the county clerk or field registrar;

      (b) By submitting an application to preregister or register to vote pursuant to the provisions of NRS 293.5235;

      (c) By submitting a written statement to the county clerk requesting the county clerk to mail an application to preregister or register to vote;

      (d) At any voter registration agency; or

      (e) By submitting an application to preregister or register to vote by computer using the system:

             (1) Established by the Secretary of State pursuant to NRS 293.671; or

             (2) Established by the county clerk, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters.

Ê If the elector fails to register under his or her new name, the elector may be challenged pursuant to the provisions of NRS 293.303 or 293C.292 and may be required to furnish proof of identity and subsequent change of name.

      6.  Except as otherwise provided in subsection 8 and NRS 293.5742 to 293.5757, inclusive, 293.5732 to 293.5767 , inclusive, and sections 3 to 7, inclusive, of this act and 293.5772 to 293.5887, inclusive, an elector who registers to vote pursuant to paragraph (a) of subsection 1 shall be deemed to be registered upon the completion of an application to register to vote.

      7.  After the county clerk determines that the application to register to vote of a person is complete and that, except as otherwise provided in NRS 293D.210, the person is eligible to vote pursuant to NRS 293.485, the county clerk shall issue a voter registration card to the voter.

      8.  If a person or an elector submits an application to preregister or register to vote or an affidavit described in paragraph (c) of subsection 1 of NRS 293.507 that contains any handwritten additions, erasures or interlineations, the county clerk may object to the application if the county clerk believes that because of such handwritten additions, erasures or interlineations, the application is incomplete or that, except as otherwise provided in NRS 293D.210, the person is not eligible to preregister pursuant to NRS 293.4855 or the elector is not eligible to vote pursuant to NRS 293.485, as applicable. If the county clerk objects pursuant to this subsection, he or she shall immediately notify the person or elector, as applicable, and the district attorney of the county.

 


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the district attorney of the county. Not later than 5 business days after the district attorney receives such notification, the district attorney shall advise the county clerk as to whether:

      (a) The application is complete and, except as otherwise provided in NRS 293D.210, the person is eligible to preregister pursuant to NRS 293.4855 or the elector is eligible to vote pursuant to NRS 293.485; and

      (b) The county clerk should proceed to process the application.

      9.  If the district attorney advises the county clerk to process the application pursuant to subsection 8, the county clerk shall immediately issue a voter registration card to the applicant, unless the applicant is preregistered to vote and does not currently meet the requirements to be issued a voter registration card pursuant to NRS 293.4855.

      Sec. 18. NRS 293.518 is hereby amended to read as follows:

      293.518  1.  Except as otherwise provided in NRS [293.5737, and 293.5742,] 293.5732 to 293.5767, and sections 3 to 7, inclusive, of this act, at the time a person preregisters or an elector registers to vote, the person or elector must indicate:

      (a) A political party affiliation; or

      (b) That he or she is not affiliated with a political party.

Ê A person or an elector who indicates that he or she is “independent” shall be deemed not affiliated with a political party.

      2.  If a person or an elector indicates that he or she is not affiliated with a political party, or is independent, the county clerk or field registrar of voters shall list the person’s or elector’s political party as nonpartisan.

      3.  If a person or an elector indicates an affiliation with a major political party or a minor political party that has filed a certificate of existence with the Secretary of State, the county clerk or field registrar of voters shall list the person’s or elector’s political party as indicated by the person or elector.

      4.  If a person or an elector indicates an affiliation with a minor political party that has not filed a certificate of existence with the Secretary of State, the county clerk or field registrar of voters shall:

      (a) List the person’s or elector’s political party as the party indicated in the application to preregister or register to vote, as applicable.

      (b) When compiling data related to preregistration and voter registration for the county, report the person’s or elector’s political party as “other party.”

      5.  Except as otherwise provided in subsection 6, if a person or an elector does not make any of the indications described in subsection 1, the county clerk or field registrar of voters shall:

      (a) List the person’s or elector’s political party as nonpartisan; and

      (b) Mail to the person or elector a notice setting forth that the person has been preregistered or the elector has been registered to vote, as applicable, as a nonpartisan because he or she did not make any of the indications described in subsection 1.

      6.  Except as otherwise provided in subsection 7, if a person who is preregistered or registered to vote:

      (a) Submits a new paper application to preregister or register to vote in the same county in which the person is preregistered or registered to vote; and

      (b) Does not make any of the indications described in subsection 1 on the new paper application,

 


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Ê the county clerk or field registrar of voters shall not change the person’s existing political party affiliation that was established by his or her prior application pursuant to this section and is listed in the current records of the county clerk.

      7.  The provisions of subsection 6 do not apply to a voter who registers to vote using the National Mail Voter Registration Application promulgated by the United States Election Assistance Commission pursuant to the National Voter Registration Act, 52 U.S.C. §§ 20501 et seq., as amended.

      Sec. 19. NRS 293.530 is hereby amended to read as follows:

      293.530  1.  Except as otherwise provided in NRS 293.541:

      (a) County clerks may use any reliable and reasonable means available to correct the portions of the statewide voter registration list which are relevant to the county clerks and to determine whether a registered voter’s current residence is other than that indicated on the voter’s application to register to vote.

      (b) A county clerk may, with the consent of the board of county commissioners, make investigations of registration in the county by census, by house-to-house canvass or by any other method.

      (c) A county clerk shall cancel the registration of a voter pursuant to this subsection if:

             (1) The county clerk mails a written notice to the voter which the United States Postal Service is required to forward;

             (2) The county clerk mails a return postcard with the notice which has a place for the voter to write his or her new address, is addressed to the county clerk and has postage guaranteed;

             (3) The voter does not respond; [and]

             (4) The voter’s registration information has not been updated by an automatic voter registration agency pursuant to NRS 293.5732 to 293.5767, inclusive, and sections 3 to 7, inclusive, of this act; and

             (5) The voter does not appear to vote in an election before the polls have closed in the second general election following the date of the notice.

      (d) For the purposes of this subsection, the date of the notice is deemed to be 3 days after it is mailed.

      (e) The county clerk shall maintain records of:

             (1) Any notice mailed pursuant to paragraph (c);

             (2) Any response to such notice; and

             (3) Whether a person to whom a notice is mailed appears to vote in an election,

Ê for not less than 2 years after creation.

      (f) The county clerk shall use any postcards which are returned to correct the portions of the statewide voter registration list which are relevant to the county clerk.

      (g) If a voter fails to return the postcard mailed pursuant to paragraph (c) within 30 days, the county clerk shall designate the voter as inactive on the voter’s application to register to vote.

      (h) The Secretary of State shall adopt regulations to prescribe the method for maintaining a list of voters who have been designated as inactive pursuant to paragraph (g).

      (i) If:

             (1) The name of a voter is added to the statewide voter registration list pursuant to NRS 293.5752; or

 


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             (2) The voter registration information of a voter whose name is on the statewide voter registration list is updated pursuant to NRS 293.5752,

Ê the county clerk shall provide written notice of the addition or change to the voter not later than 5 working days after the addition or change is made. Except as otherwise provided in this paragraph, the notice must be mailed to the current residence of the voter. The county clerk may send the notice by electronic mail if the voter confirms the validity of the electronic main address to which the notice will be sent by responding to a confirmation inquiry sent to that electronic mail address. Such a confirmation inquiry must be sent for each notice sent pursuant to this paragraph. The notice required pursuant to this paragraph may be provided as part of the notice mailed pursuant to NRS 293.5767.

      2.  A county clerk is not required to take any action pursuant to this section in relation to a person who preregisters to vote until the person is deemed to be registered to vote pursuant to subsection 2 of NRS 293.4855.

      Sec. 20. NRS 293.5727 is hereby amended to read as follows:

      293.5727  1.  Except as otherwise provided in this section, the Department of Motor Vehicles shall provide [a paper] an application to preregister or register to vote to each person who [:

      (a) Applies] applies for the issuance or renewal of any type of driver’s license or identification card issued by the Department . [; and

      (b) Does not apply to register to vote pursuant to NRS 293.5742.]

      2.  The county clerk shall use the [paper] applications to preregister or register to vote which are signed and completed pursuant to subsection 1 to preregister or register applicants to vote or to correct information in a person’s previous application to preregister or the registrar of voters’ register. [A paper] An application that is not signed must not be used to preregister or register or correct the preregistration or registration of the applicant.

      3.  For the purposes of this section, each employee specifically authorized to do so by the Director of the Department may oversee the completion of [a paper] an application. The authorized employee shall check the [paper] application for completeness and verify the information required by the [paper] application. Each [paper] application must include a duplicate copy or receipt to be retained by the applicant upon completion of the form. The Department shall, except as otherwise provided in this subsection, forward each [paper] application on a weekly basis to the county clerk or, if applicable, to the registrar of voters of the county in which the applicant resides. The paper applications must be forwarded daily during the 2 weeks immediately preceding the last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable.

      4.  The Department is not required to provide [a paper] an application to register to vote pursuant to subsection 1 to a person who declines to apply to register to vote pursuant to this section and submits to the Department a written form that meets the requirements of 52 U.S.C. § 20506(a)(6). Information related to the declination to apply to register to vote must not be used for any purpose other than voter registration.

      5.  The county clerk shall accept any [paper] application to:

      (a) Preregister to vote at any time.

      (b) Register to vote which is obtained from the Department of Motor Vehicles pursuant to this section and completed by the last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable, if the county clerk receives the [paper] application not later than 5 days after that date.

 


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vote by mail pursuant to NRS 293.560 or 293C.527, as applicable, if the county clerk receives the [paper] application not later than 5 days after that date.

      6.  Upon receipt of [a paper] an application, the county clerk or field registrar of voters shall determine whether the [paper] application is complete. If the county clerk or field registrar of voters determines that the [paper] application is complete, he or she shall notify the applicant and the applicant shall be deemed to be preregistered or registered as of the date of the submission of the [paper] application. If the county clerk or field registrar of voters determines that the [paper] application is not complete, he or she shall notify the applicant of the additional information required. The applicant shall be deemed to be preregistered or registered as of the date of the initial submission of the [paper] application if the additional information is provided within 15 days after the notice for the additional information is mailed. If the applicant has not provided the additional information within 15 days after the notice for the additional information is mailed, the incomplete [paper] application is void. Any notification required by this subsection must be given by mail at the mailing address on the paper application not more than 7 working days after the determination is made concerning whether the [paper] application is complete.

      7.  The county clerk shall use any form submitted to the Department to correct information on a driver’s license or identification card to correct information on a previous application to preregister or in the registrar of voters’ register, unless the person indicates on the form that the correction is not to be used for the purposes of preregistration or voter registration. The Department shall forward each such form to the county clerk or, if applicable, to the registrar of voters of the county in which the person resides in the same manner provided by subsection 3 for [paper] applications to preregister or register to vote.

      8.  Upon receipt of a form to correct information, the county clerk shall compare the information to that contained in the application to preregister to vote or the registrar of voters’ register, as applicable. The county clerk shall correct the information to reflect any changes indicated on the form. After making any changes, the county clerk shall notify the person by mail that the records have been corrected.

      9.  The Secretary of State shall, with the approval of the Director, adopt regulations to:

      (a) Establish any procedure necessary to provide a person who applies to preregister to vote or an elector who applies to register to vote pursuant to this section the opportunity to do so;

      (b) Prescribe the contents of any forms or [paper] applications which the Department is required to distribute pursuant to this section; and

      (c) Provide for the transfer of the completed [paper] applications of preregistration or registration from the Department to the appropriate county clerk.

      Sec. 21. NRS 293.5732 is hereby amended to read as follows:

      293.5732  1.  The Secretary of State, [the Department of Motor Vehicles] each automatic voter registration agency and each county clerk shall cooperatively establish a system by which voter registration information that is collected [pursuant to NRS 293.5742 by the Department from a person who submits an application for the issuance or renewal of or change of address for any type of driver’s license, or identification card issued by the Department] by an automatic voter registration agency must be transmitted electronically to the Secretary of State and the appropriate county [clerks] clerk for the purpose of registering [the] a person to vote or updating the voter registration information of [the] a person for the purpose of correcting the statewide voter registration list pursuant to NRS 293.530.

 


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issued by the Department] by an automatic voter registration agency must be transmitted electronically to the Secretary of State and the appropriate county [clerks] clerk for the purpose of registering [the] a person to vote or updating the voter registration information of [the] a person for the purpose of correcting the statewide voter registration list pursuant to NRS 293.530.

      2.  [The] A system established pursuant to subsection 1 must:

      (a) Ensure the secure electronic storage of voter registration information collected [pursuant to NRS 293.5742,] by the automatic voter registration agency, the secure transmission of such information to the Secretary of State and county [clerks] clerk and the secure electronic storage of such information by the Secretary of State and county [clerks;] clerk; and

      (b) [Provide for the destruction of records by the Department as required by subsection 2 of NRS 293.5747; and

      (c)] Enable the county [clerks] clerk to receive, view and collate the information into individual electronic documents pursuant to [paragraph (c) of subsection 1 of NRS 293.5742.] NRS 293.5752.

      Sec. 22. NRS 293.5747 is hereby amended to read as follows:

      293.5747  1.  An automatic voter registration agency is required to electronically transmit the following information of a person to the Secretary of State and county clerk using the system established pursuant to NRS 293.5732:

      (a) An electronic facsimile of the signature of the person, if the automatic voter registration agency is capable of recording, storing and transmitting to the county clerk an electronic facsimile of the signature of the person;

      (b) The first or given name and the surname of the person;

      (c) The address at which the person actually resides as set forth in NRS 293.486 and, if different, the address at which the person may receive mail, including, without limitation, a post office box or general delivery;

      (d) The date of birth of the person;

      (e) At least one of the following:

             (1) The number indicated on the person’s current and valid driver’s license or identification card issued by the Department of Motor Vehicles; or

             (2) The last four digits of the person’s social security number; and

      (f) A description of the documentation presented to the automatic voter registration agency that indicates the person is a citizen of the United States.

      2.  Except as otherwise provided in [this subsection, the Department of Motor Vehicles] section 3 of this act, the automatic voter registration agency shall electronically transmit to the Secretary of State and the appropriate county clerk the information [and any electronic documents collected from a person pursuant to NRS 293.5742:] described in subsection 1:

      (a) Except as otherwise provided in paragraph (b), not later than 5 working days after collecting the information; and

      (b) During the 2 weeks immediately preceding the fifth Sunday preceding an election, not later than 1 working day after collecting the information.

      [2.  The Department shall destroy any record containing information collected pursuant to NRS 293.5742 that is not otherwise collected by the Department in the normal course of business immediately after transmitting the information to the Secretary of State and county clerk pursuant to subsection 1.

 


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Department in the normal course of business immediately after transmitting the information to the Secretary of State and county clerk pursuant to subsection 1.

      3.  The Department shall forward the following paper documents on a weekly basis to the appropriate county clerk, or daily during the 2 weeks immediately preceding the fifth Sunday preceding an election:

      (a) Each signed affirmation collected pursuant to paragraph (a) of subsection 1 of NRS 293.5742;

      (b) Any completed form indicating a political party affiliation collected pursuant to paragraph (d) of subsection 1 of NRS 293.5742; and

      (c) Any affidavit signed pursuant to subsection 2 of NRS 293.5742.]

      Sec. 23. NRS 293.5752 is hereby amended to read as follows:

      293.5752  [1.  Unless the person affirmatively declines in writing to apply to register to vote or have his or her voter registration information updated, as applicable, if a person applies to the Department of Motor Vehicles for the issuance or renewal of or change of address for any type of driver’s license or identification card issued by the Department:

      (a) The person shall be deemed an applicant to register to vote.

      (b) Any action taken by the person pursuant to NRS 293.5742 shall be deemed an act of applying to register to vote.

      (c) Upon receipt of the information collected from the person and transmitted to a county clerk by the Department of Motor Vehicles, the county clerk shall collate the information into an individual electronic document, which shall be deemed an application to register to vote.

      (d)] Unless the [applicant] person is already registered to vote, the date on which the person applies [to register to vote pursuant to NRS 293.5742] to an automatic voter registration agency for service or assistance shall be deemed the date on which the [applicant] person registered to vote.

      [2.]  If the county clerk determines pursuant to NRS 293.5767 that the application is complete and that the [applicant] person is eligible to vote pursuant to NRS 293.485, the name of the [applicant] person must appear on the statewide voter registration list and the appropriate roster, and the person must be provided all sample ballots and any other voter information provided to registered voters. If the county clerk determines that the application is not complete, he or she shall notify the applicant that additional information is required . [in accordance with the provisions of NRS 293.5727.

      3.  For each applicant who applies to register to vote pursuant to NRS 293.5742:

      (a) The electronic facsimile of the signature of the applicant shall be deemed to be the facsimile of the signature on the person’s application to register to vote to be used for the comparison purposes of NRS 293.277 if:

             (1) An electronic facsimile of the signature has been collected and transmitted to the county clerk of the county in which the applicant resides pursuant to NRS 293.5742 and 293.5747, respectively; and

             (2) The county clerk is capable of receiving, storing and using the facsimile of the signature for that purpose; or

      (b) If the conditions described in paragraph (a) are not met, the signature of the applicant on the affirmation signed pursuant to paragraph (a) of subsection 1 of NRS 293.5742 shall be deemed to be the signature on the person’s application to register to vote for the purpose of making a facsimile thereof to be used for the comparison purposes of NRS 293.277.

 


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      4.]  If an applicant is already registered to vote, the county clerk shall use the voter registration information of the applicant transmitted by the [Department of Motor Vehicles] automatic voter registration agency to correct the statewide voter registration list pursuant to NRS 293.530, if necessary.

      Sec. 24. NRS 293.5757 is hereby amended to read as follows:

      293.5757  1.  A person who [affirmatively declines in writing to apply to register to vote or have his or her voter registration information updated, as applicable, pursuant to NRS 293.5742] is not eligible to have his or her voter registration information transmitted by an automatic voter registration agency to the county clerk may still apply to register to vote at the [Department of Motor Vehicles pursuant to NRS 293.5727.] automatic voter registration agency.

      2.  Whether a person [applies to register to vote or have his or her voter registration information updated, as applicable, pursuant to NRS 293.5742] is eligible to have his or her voter registration information transmitted by the automatic voter registration agency to the county clerk or otherwise registers to vote must not affect the provision of services or assistance to the person by the [Department,] automatic voter registration agency, and [the fact of a person applying to register to vote or have his or her voter registration information updated, as applicable, pursuant to NRS 293.5742 or declining to do so] whether voter registration information is transferred by the automatic voter registration agency must not be disclosed to the public.

      3.  Any information [collected] transferred pursuant to NRS 293.5732 to [293.5757,] 293.5767, inclusive, and sections 3 to 7, inclusive, of this act must not be used for any purpose other than voter registration.

      [4.  Except as otherwise provided in this subsection, the Secretary of State shall adopt regulations necessary to carry out the provisions of NRS 293.5732 to 293.5757, inclusive. The Secretary of State shall not require a person to provide any documentation in order to apply to register to vote or have his or her voter registration information updated, as applicable, pursuant to NRS 293.5742 that is not required by NRS 293.5742 or federal law, including, without limitation, documentation to prove the person’s identity, citizenship or residence.]

      Sec. 25. NRS 293.5767 is hereby amended to read as follows:

      293.5767  1.  [Each] Upon receipt of the information transmitted to a county clerk by an automatic voter registration agency, the county clerk shall collate the information into an individual electronic document, which shall be deemed an application to register to vote. The county clerk shall review the voter registration information transmitted by the [Department of Motor Vehicles pursuant to NRS 293.5747 and 293.5762] automatic voter registration agency to determine whether the person is eligible to register to vote in this State.

      2.  If the county clerk determines that a person is eligible to vote, the person shall be deemed a registered voter. The person’s name must appear on the statewide voter registration list and the appropriate roster and the person must be provided all sample ballots and other voter information provide to registered voters.

      3.  In addition to the requirements of subsection 2, the county clerk shall immediately mail a notice to the current residence of the person. The notice must be in the form prescribed by the Secretary of State and include, without limitation:

 


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      (a) A space for the person to indicate a political party affiliation;

      (b) A space for the person to affirmatively decline to apply to register to vote or have his or her voter registration updated, as applicable;

      (c) A preaddressed return envelope with postage prepaid;

      (d) A statement setting forth the qualifications to vote in this State as provided by NRS 293.485 and that if the person does not meet the qualifications to vote in this State, the person should return the notice and affirmatively decline in writing to register to vote;

      (e) A statement explaining that unless the person affirmatively declines in writing to apply to register to vote or have his or her voter registration information updated, as applicable, the person is deemed to have consented to the transmission of information to the Secretary of State and the county clerk by the automatic voter registration agency for the purpose of registering the person to vote or updating the voter registration information on the statewide voter registration list;

      (f) A statement explaining that if the person affirmatively declines in writing to apply to register to vote or to have his or her voter registration information updated, as applicable, the county clerk will remove the person from the statewide voter registration list or revert the person’s information on the statewide voter registration list to the information that was on the statewide voter registration list before the automatic voter registration agency transmitted the information to the county clerk, and the person shall be deemed to not have registered to vote or updated his or her voter registration information, as applicable;

      (g) A statement setting forth the penalties for submitting a false application to register to vote; and

      (h) A statement that:

             (1) Indicating a political party affiliation or indicating that the person is not affiliated with a political party is voluntary;

             (2) The person may indicate a political party affiliation on the form provided by the county clerk in the notice; and

             (3) The person will not be able to vote at a primary election or primary city election for candidates for partisan offices of a major political party unless the person updates his or her voter registration information to indicate a major political party affiliation.

      4.  The county clerk may send the notice required pursuant to subsection 2 by electronic mail if the person confirms the validity of the electronic mail address to which the notice will be sent by responding a confirmation inquiry sent to that electronic mail address.

      5.  The failure or refusal of the person to acknowledge that he or she has received the notice required by subsection 3 is not a declination by the person to apply to register to vote or have his or her voter registration information updated.

      6.  If the county clerk determines that a person is not eligible to register to vote [pursuant to subsection 1:] or if the voter affirmatively declines in writing to be registered to vote or have his or her voter registration updated:

      (a) It shall be deemed that the transmittal from the voter registration agency is not a completed voter registration application;

      (b) It shall be deemed that the person did not apply to register to vote; [and]

 


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      (c) It shall be deemed that the transmission of the person’s information by the automatic voter registration system was an official authorized act;

      (d) It shall be deemed that the person did not falsely claim citizenship in order to register to vote unless the person affirmatively claimed to be a citizen to the automatic voter registration agency; and

      (e) The county clerk must [reject the application and may not register that person to vote.] remove the person’s registration from the statewide voter registration list or revert the person’s information on the statewide voter registration to the information that was on the statewide voter registration list before the automatic voter registration agency transmitted the information to the county clerk, as applicable.

      Sec. 26. NRS 293.8851 is hereby amended to read as follows:

      293.8851  1.  Except as otherwise provided in subsection 2, for any affected election, if a person applied by mail or computer to register to vote, or preregistered to vote by mail or computer and is subsequently deemed to be registered to vote, and the person has not previously voted in any election for federal office in this State, the county or city clerk, as applicable, must inform the person that he or she must include a copy of the information required in paragraph (b) of subsection 1 of NRS 293.2725 in the return envelope with the mail ballot.

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

      (a) Registers to vote by mail or computer, or preregisters to vote by mail or computer and is subsequently deemed to be registered to vote, and submits with his or her application to preregister or register to vote:

             (1) A copy of a current and valid photo identification; or

             (2) A copy of a current utility bill, bank statement, paycheck or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card;

      (b) Registers to vote by mail or computer and submits with his or her application to register to vote a driver’s license number or at least the last four digits of his or her social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application;

      (c) [Registers] Is registered to vote pursuant to NRS [293.5732 to 293.5757,] 293.5732 to 293.5767, inclusive, and sections 3 to 7, inclusive, of this act and at that time presents to the [Department of Motor Vehicles:] automatic voter registration agency:

             (1) A copy of a current and valid photo identification;

             (2) A copy of a current utility bill, bank statement, paycheck or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card; or

             (3) A driver’s license number or at least the last four digits of his or her social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application;

      (d) Is entitled to vote pursuant to the provisions of chapter 293D of NRS or the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq.;

 


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      (e) Is provided the right to vote otherwise than in person pursuant to the provisions of the Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. §§ 20101 et seq.; or

      (f) Is entitled to vote otherwise than in person pursuant to the provisions of any other federal law.

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

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

      (b) The county or city clerk must:

             (1) Contact the person;

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

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

      Sec. 27. NRS 293C.270 is hereby amended to read as follows:

      293C.270  1.  Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, and 293C.272, if a person’s name appears in the roster or if the person provides an affirmation pursuant to NRS 293C.525, the person is entitled to vote and must sign his or her name in the roster or on a signature card when he or she applies to vote. [The] Except as otherwise provided in section 6 of this act, the signature must be compared by an election board officer with the signature or a facsimile thereof on the person’s application to register to vote or one of the forms of identification listed in subsection 2.

      2.  The forms of identification that may be used to identify a voter at the polling place are:

      (a) The voter registration card issued to the voter;

      (b) A driver’s license;

      (c) An identification card issued by the Department of Motor Vehicles;

      (d) A military identification card; or

      (e) Any other form of identification issued by a governmental agency that contains the voter’s signature and physical description or picture.

      3.  The city clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that city in the current election.

      Sec. 28. NRS 293C.275 is hereby amended to read as follows:

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

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

      (b) The election board officer shall:

             (1) Announce the name of the registered voter;

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

             (3) Verify the signature of the registered voter in the manner set forth in NRS 293C.270; and

             (4) Verify that the registered voter has not already voted in that city in the current election.

      2.  [If] Except as otherwise provided in section 6 of this act, if the signature does not match, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

 


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ê2021 Statutes of Nevada, Page 3872 (CHAPTER 555, AB 432)ê

 

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

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

      3.  If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.

      Sec. 29. NRS 293C.3035 is hereby amended to read as follows:

      293C.3035  1.  Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, and 293C.272, upon the appearance of a person to cast a ballot at a polling place established pursuant to NRS 293C.3032, if any, the election board officer shall:

      (a) Determine that the person is a registered voter in the city and has not already voted in that city in the current election;

      (b) Instruct the voter to sign the roster or a signature card; and

      (c) Verify the signature of the voter in the manner set forth in NRS 293C.270.

      2.  [If] Except as otherwise provided in section 6 of this act, if the signature of the voter does not match, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

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

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

      3.  If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.

      4.  The city clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that city in the current election.

      5.  When a voter is entitled to cast a ballot and has identified himself or herself to the satisfaction of the election board officer, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use at the polling place where he or she applies to vote.

      6.  If the ballot is voted on a mechanical recording device which directly records the votes electronically, the election board officer shall:

      (a) Prepare the mechanical voting device for the voter;

      (b) Ensure that the voter’s precinct or voting district and the form of the ballot are indicated on the voting receipt, if the city clerk uses voting receipts; and

      (c) Allow the voter to cast a vote.

      7.  A voter applying to vote at a polling place established pursuant to NRS 293C.3032, if any, may be challenged pursuant to NRS 293C.292.

      Sec. 30. NRS 293C.3585 is hereby amended to read as follows:

      293C.3585  1.  Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, and 293C.272, upon the appearance of a person to cast a ballot for early voting, an election board officer shall:

 


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ê2021 Statutes of Nevada, Page 3873 (CHAPTER 555, AB 432)ê

 

      (a) Determine that the person is a registered voter in the county.

      (b) Instruct the voter to sign the roster for early voting or a signature card.

      (c) Verify the signature of the voter in the manner set forth in NRS 293C.270.

      (d) Verify that the voter has not already voted in that city in the current election.

      2.  [If] Except as otherwise provided in section 6 of this act, if the signature does not match, the voter must be identified by:

      (a) Answering questions from the election board officer covering the personal data which is reported on the application to register to vote;

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

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

      3.  If the signature of the voter has changed in comparison to the signature on the application to register to vote, the voter must update his or her signature on a form prescribed by the Secretary of State.

      4.  The city clerk shall prescribe a procedure, approved by the Secretary of State, to verify that the voter has not already voted in that city in the current election.

      5.  The roster for early voting or signature card, as applicable, must contain:

      (a) The voter’s name, the address where he or she is registered to vote, his or her voter identification number and a place for the voter’s signature;

      (b) The voter’s precinct or voting district number, if that information is available; and

      (c) The date of voting early in person.

      6.  When a voter is entitled to cast a ballot and has identified himself or herself to the satisfaction of the election board officer, the voter is entitled to receive the appropriate ballot or ballots, but only for his or her own use at the polling place for early voting.

      7.  If the ballot is voted on a mechanical recording device which directly records the votes electronically, the election board officer shall:

      (a) Prepare the mechanical recording device for the voter;

      (b) Ensure that the voter’s precinct or voting district, if that information is available, and the form of ballot are indicated on the voting receipt, if the city clerk uses voting receipts; and

      (c) Allow the voter to cast a vote.

      8.  A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293C.292.

      Sec. 31. NRS 483.290 is hereby amended to read as follows:

      483.290  1.  An application for an instruction permit or for a driver’s license must:

      (a) Be made upon a form furnished by the Department.

      (b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.

      (c) Be accompanied by the required fee.

 


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      (d) State the full legal name, date of birth, sex, address of principal residence and mailing address, if different from the address of principal residence, of the applicant and briefly describe the applicant.

      (e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.

      (f) Include such other information as the Department may require to determine the competency and eligibility of the applicant.

      2.  Every applicant must furnish proof of his or her full legal name and age by displaying:

      (a) An original or certified copy of the required documents as prescribed by regulation; or

      (b) A photo identification card issued by the Department of Corrections pursuant to NRS 209.511 which indicates that the Director of the Department of Corrections has verified the full legal name and age of the applicant pursuant to subsection 4 of that section.

      3.  The Department shall adopt regulations prescribing the documents an applicant may use to furnish proof of his or her full legal name and age to the Department pursuant to paragraph (a) of subsection 2, including, without limitation, a document issued by the Department pursuant to NRS 483.375 or 483.8605.

      4.  At the time of applying for a driver’s license, an applicant may, if eligible, preregister or register to vote . [pursuant to NRS 293.5727 or 293.5742.]

      5.  Every applicant who has been assigned a social security number must furnish proof of his or her social security number by displaying:

      (a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or

      (b) Other proof acceptable to the Department, including, without limitation, records of employment or federal income tax returns.

      6.  The Department may refuse to accept a driver’s license issued by another state if the Department determines that the other state has less stringent standards than the State of Nevada for the issuance of a driver’s license.

      7.  With respect to any document presented by a person who was born outside of the United States, the Commonwealth of Puerto Rico, American Samoa, Guam, the Northern Mariana Islands or the United States Virgin Islands to prove his or her full legal name and age, the Department:

      (a) May, if the document has expired, refuse to accept the document or refuse to issue a driver’s license to the person presenting the document, or both; and

      (b) Shall issue to the person presenting the document a driver’s license that is valid only during the time the applicant is authorized to stay in the United States, or if there is no definite end to the time the applicant is authorized to stay, the driver’s license is valid for 1 year beginning on the date of issuance.

      8.  The Administrator shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue a driver’s license in accordance with this section to a person who is a citizen of any state or a foreign country. The criteria pursuant to which the Department shall issue or refuse to issue a driver’s license to a citizen of a foreign country must be based upon the purpose for which that person is present within the United States.

 


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shall issue or refuse to issue a driver’s license to a citizen of a foreign country must be based upon the purpose for which that person is present within the United States.

      9.  Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an instruction permit or for a driver’s license. As used in this subsection, “consular identification card” has the meaning ascribed to it in NRS 232.006.

      Sec. 32. NRS 483.850 is hereby amended to read as follows:

      483.850  1.  Every application for an identification card must be made upon a form provided by the Department and include, without limitation:

      (a) The applicant’s:

             (1) Full legal name.

             (2) Date of birth.

             (3) State of legal residence.

             (4) Current address of principal residence and mailing address, if different from his or her address of principal residence, in this State, unless the applicant is on active duty in the military service of the United States.

      (b) A statement from:

             (1) A resident stating that he or she does not hold a valid driver’s license or identification card from any state or jurisdiction; or

             (2) A seasonal resident stating that he or she does not hold a valid Nevada driver’s license.

      2.  When the form is completed, the applicant must sign the form and verify the contents before a person authorized to administer oaths.

      3.  An applicant who has been issued a social security number must provide to the Department for inspection:

      (a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or

      (b) Other proof acceptable to the Department bearing the social security number of the applicant, including, without limitation, records of employment or federal income tax returns.

      4.  At the time of applying for an identification card, an applicant may, if eligible, preregister or register to vote . [pursuant to NRS 293.5727 or 293.5742.]

      5.  A person who possesses a driver’s license or identification card issued by another state or jurisdiction who wishes to apply for an identification card pursuant to this section shall surrender to the Department the driver’s license or identification card issued by the other state or jurisdiction at the time the person applies for an identification card pursuant to this section.

      Sec. 32.3.  1.  There is hereby appropriated from the State General Fund to the Secretary of State for personnel costs to develop processes and systems for automatic voter registration with automatic voter registration agencies, as defined in section 2 of this act, and to provide monitoring, maintenance and supp